Agenda item

A report by the Case Officer is attached.

The Committee received a presentation from the Head of Development Management which set out the issues in respect of the application. He also summarised late representations which had been received following publication of the agenda papers. The purpose of the report was to assess the merits of the proposals against the policies of the Development Plan and other material considerations with a recommendation to grant planning permission subject to conditions.

 

Members then had the opportunity to ask technical questions after which they heard a statement from Dr Simon Ruston, the agent, in support of the application. 

 

The Chairman reported that Cllr Chuck Berry, the local Member and also Minety Parish Council had both registered their objections to the proposal.

 

During discussion, Members noted that a previously approved site was less than 200 yards away from the proposed site and it was underused.  It appeared, therefore, that there was not a demonstrable need for a further two pitches on a separate site so close.  It was also suggested that the site was outside the limits of development of the village and would not obtain normal residential permission as the building would be on agricultural land in a rural setting.

 

It was noted that the key issues were as follows:-

 

·         Principle of the development.

·         Impact on character and appearance of the area.

·         Flooding and drainage

·         Highway matters

·         Residential amenity

 

Members were informed that the application was considered acceptable when measured against the criteria in Wiltshire Core Strategy Policy 47 and the government advice in Planning Policy for Traveller Sites.

 

On the proposal of Cllr Andrew Davis, which was seconded by Cllr Fred Westmoreland

 

Resolved:

 

To grant planning permission, 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:

Flood Risk Assessment (ref: 407.05774.00001, version 2,V.2) SLR (dated September 2017)

SLR letter (dated 14th February 2018)

1553/02D

1553/04

1553/03B

BC16-SLP

 

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 of the 'Day Room' 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.

 

4          No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority.

 

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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5          All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also 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.

 

6          The development hereby permitted shall not be 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          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 occupied 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.

 

8          No development shall commence on site until details of the works for the disposal of foul water from the site has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved foul water drainage details have been fully implemented in accordance with the approved plans.

 

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 proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

9          The site shall not be permanently occupied by persons other than gypsies and travellers as defined in Annex 1 of Planning policy for traveller sites, August 2015.

 

REASON: Planning permission has only been granted in this rural location on the basis of a need for accommodation for gypsies and travellers assessed against the criteria in policy CP47 of the Wiltshire Core Strategy and it is therefore necessary to keep the site available to meet that need as residential development in this location without this occupancy restriction would conflict with the policies of the development plan.

 

10        Occupation and use of the Mobile home and touring caravan hereby permitted for each pitch shall be limited solely to and by close family members of the occupants of that pitch. Close family members defined as dependents, sons, daughters and grandchildren.

 

REASON: In the interests of residential amenity.

 

11        There shall be no more than two (2) permanent pitches on the application site.

 

REASON: In the interests of visual amenity and the amenity of occupants of the site.

 

12 No more than one (1) commercial vehicle shall be kept on each pitch for use by the occupiers of the individual caravan hereby permitted, and each vehicle shall not exceed 3.5 tonnes in weight and no commercial activity or use, including the storage of materials and waste, shall be carried out on the site.

 

REASON: In the interests of residential amenity, highway safety and the character of the countryside.

 

13        There shall be no more than two (2) caravans as defined in the Caravan Sites and Control of Development Act 1960 and the caravans Sites Act 1968 on each pitch hereby approved, of which no more than one (1) shall be a static caravan or mobile home and no more than one (1) shall be a touring caravan, shall be stationed on each pitch at any time.

 

REASON: It is important for the local planning authority to retain control over the number of caravans on the site in order to safeguard interests of visual and residential amenity in accordance with CP47 of the Wiltshire Core Strategy 2015.

 

 

INFORMATIVE TO APPLICANT:

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

INFORMATIVE TO APPLICANT:

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

INFORMATIVE TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.