Agenda item

Public Participation

Margaret Donald spoke in objection to the application.

Chris Dance, agent, spoke in support of the application.

Councillor Sue Fraser, on behalf of Warminster Town Council, spoke in objection to the application.

 

Katie Yeoman, Planning Officer, presented a report which recommended planning permission be granted for the erection of a dwelling. Key issues included the principle of development, highway safety matters, landscape and trees, drainage, and impacts on neighbouring amenity.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought about the adjoining site’s planning history and officers were asked about previously refused developments based on highway safety and loss of a hedgerow and roadside embankment.  Ecology and tree impacts were discussed as well the implications relative to a nearby bus-stop and the reported need for it to be relocated.

 

Members were also advised that the historic refusals relating for a neighbouring plot dated back to 1999, 2007 and 2008 and since then, local and national planning policy had evolved, although it still remained the case that that the hedgerow and embankment could be removed without planning permission.  No highway safety concern had been raised by the Council’s highways officer and members were reminded of the Council’s and NPPF policy relative to highway safety and that there was no evidence the proposed development would result in harm to justify a refusal.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The local unitary member, Councillor Andrew Davis, then spoke in opposition to the application, and also considered further information was required and sought to have a highway officer present.

 

A debate followed where the design and nature of the proposed dwelling was considered in relation to the neighbouring area, along with further discussion of the practicalities of moving the bus-stop.

 

During debate a motion to defer the application for a site visit and to request additional information was moved by Councillor Andrew Davis, seconded by Councillor Pip Ridout. Following a vote the motion was defeated.

 

A motion was then moved by Councillor Trevor Carbin, seconded by Councillor Sarah Gibson, to approve the application in accordance with the officer’s recommendation.

 

At the conclusion of discussion, it was,

 

Resolved

 

That planning permission be granted, subject to the following conditions:

 

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2.    The development hereby permitted shall be carried out in accordance with the following approved plans: Location plan – received on 15/12/2017; Existing and proposed sections - received on 15/12/2017; Existing and proposed street scene - received on 15/12/2017; Proposed site plan and roof plan - received on 15/12/2017; Parking Plan Space 1 - received on 15/12/2017; Parking Plan Space 2 - received on 15/12/2017; Proposed elevations - received on 15/12/2017; Proposed floor plans - received on 15/12/2017; Proposed landscaping plan - received on 15/12/2017; 3D view from Boreham Road - received on 15/12/2017; 3D south west view - received on 15/12/2017; 3D south east view - received on 15/12/2017; Birds eye view from north east - received on 15/12/2017; North west birds eye view - received on 15/12/2017; Tree survey – drawing no. 16 – dated 05/01/2016; Tree protection plan – drawing no. 17 – dated 20/02/2018; Topographical survey – drawing no. 1 – dated April 2017

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3.    No development shall commence on site until the exact details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

4.    All hard landscaping shall be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5.    The existing boundary hedgerow to the southern boundary of the application site shall be retained in accordance with the approved landscaping plan (proposed landscaping plan – received on 15/12/2017) and maintained at all times thereafter unless otherwise agreed in writing by the local planning authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

6.    The development hereby permitted shall not be first occupied until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

7.    The development hereby permitted shall not be first occupied until visibility splays have been provided on both its sides of the access to the rear of the existing footway based on co-ordinates of 2.4m x 2.4m. The splays shall be kept free of obstruction above a height of 600mm at all times.

 

REASON: In the interests of highway safety.

 

NOTE: This condition requires the applicant to obtain separate consent from the Council’s highway Authority to re-locate the bus-stop.  Planning informative no.2 refers.

 

8.    Any gates shall be set back 4.5 metres from the edge of the carriageway, such gates to open inwards only.

 

REASON: In the interests of highway safety.

 

9.    No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

10.No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and  the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

Planning Informatives

1.    The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development.  Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website:

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy

 

2.    The proposal comprises a proposed alteration to the public highway. The applicant is advised that a separate license is required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.  Contact should be made with the vehicle access team on telephone 01225 713352 or email vehicleaccess@wiltshire.gov.uk for further details.

 

3.    No works should take place that would result in harming nesting birds from March to August inclusive. All British birds (while nesting, building nests and sitting on eggs), their nests and eggs (with certain limited exceptions) are protected by the Wildlife and Countryside Act 1981 (as amended). If birds are nesting within the proposed development, work should be undertaken outside the breeding season for birds to ensure their protection, i.e. works should only be undertaken between September and February. Further advice on the above can be sought from the Council Ecologists.

 

4.    The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place. Please note that planning permission does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species and/or a suspected protected species is encountered during the works you should stop works immediately if applicable, and seek the advice of a suitably qualified and experienced ecological consultant who will advise of the appropriate course of action and consider whether a licence is required from Natural England prior to re-commencing/commencing works.

 

5.    The applicant is advised that new water supply and waste water connections will be required from Wessex water to serve this proposed development. Application forms and guidance information is available from the Developer Services web pages at the following website www.wessexwater.co.uk  Further information can be obtained from our New Connections Team by telephoning 01225 526222 for Water Supply and 01225 526333 for Waste Water.  

 

Councillor Andrew Davis requested that his vote in opposition to the resolution be recorded.