Agenda item

Public Participation

Lisa Otterbarry spoke in objection to the application.

Diana Lindsey spoke in objection to the application.

Nigel Honer spoke in objection to the application.

Ann Ross spoke in support of the application.

Ewan Earle spoke in support of the application.

Don McGillivray spoke in support of the application.

Cllr John Bishop, Chairman Westwood Parish Council, spoke in objection to the application.

 

James Taylor, as Senior Planning Officer, introduced the report which recommended that approval be granted for a replacement dwelling.

 

The key considerations were identified as; the principle of the replacement dwelling, the impact on the green belt, the impact on the special landscape character of the AONB, the impact on the landscaping and trees subject to preservation orders, design and heritage, the impact on nature conservation and ecology interests, the impact on neighbouring amenity, the impact on highway safety, the provision of adequate water supplies and sewerage and surface water disposal.

 

Following the officer presentation, Kenny Green, informed the committee of the relevant changes made to the NPPF and the relevant implications pursuant to this application:

 

•           The committee was informed that the new NPPF under paragraph 8 set out the direction given to LPAs to support growth and design innovation, as well as identifying the need to provide a range of house types that were well designed and fit for purpose.

 

•           Paragraph 127 of the new Framework advised that decisions should not discourage appropriate innovation and innovative design detailing if there was no substantial harm.

 

•           In terms of the Green Belt, paragraphs 143-147 were pertinent with paragraph 145 being particularly relevant in terms of setting out the exception allowances set out within the NPPF for new ‘materially larger’ replacement buildings.

 

•           The committee was informed that paragraphs 133 and 134 set out the Green Belt objectives, and paragraph 145 in particular referenced the need to preserve the openness of the green belt.

 

•           The committee was informed that the NPPF did not define what ‘materially larger’ meant and neither did the saved H20 policy taken form the former West Wiltshire District Plan 1st Alteration.  The committee was advised that in the absence of any interpretation of its meaning, the task fell to the decision maker to  make a planning judgement on whether a proposed replacement building constituted as being ‘materially larger’ on a case by case basis.  Mr Green furthermore observed that the literal direction made by the government was not about preventing a larger replacement dwelling in principle, instead the policy direction required a judgement to be made on whether the replacement building is ‘materially’ larger; and that this required assessments to be done based on the comparable differences in terms of heights, footprint and volumes between the existing building and the proposed replacement building.

 

•           In terms of the AONB: the committee was informed that paragraphs 170 and 172 were now relevant in terms of setting out the Framework safeguards.

 

•           With respect to the natural landscape, the nearby ancient woodland and veteran trees, NPPF paragraph 175 and criterion c) was relevant now.

 

•           The committee was advised that the officers had re-appraised the application against the revised framework and that the published recommendation remained unchanged.

 

Members of the Committee then had the opportunity to ask technical questions of the officer with further clarification sought on the term ‘materially larger’ and whether there would be any detrimental impacts on protected habitats, ancient woodland and veteran trees.

 

Officers advised that the ‘materially larger’ test was relative to size and not a visual assessment test; and, as set out within the report, officers concluded that the 17% footprint increase, the circa extra 1.5m ridge height and approximate 50% extra volume did not constitute as a ‘materially larger’ replacement dwelling. The committee was also informed that the subject property still benefitted from PD rights and as set out within the report, various additions and outbuildings could be built without the need for planning permission and this fall-back provision should be weighed up as part of the planning balance.

 

The committee was also informed that the Council’s ecologist had assessed the site and application proposals and concluded that the development was acceptable subject to a planning condition securing the implementation of the recommendations set out within the updated bat survey dated June 2018.

 

The committee was also informed that through negotiation, the case officer had secured a clear buffer and separation between the replacement dwelling’s footings and all neighbouring trees including the nearby veteran tree which merited an increased buffer as illustrated on the proposed site plan.

 

Members of the public, as detailed above, then had the opportunity to speak on the application.

 

Local Member Councillor Johnny Kidney spoke in objection to the application with the key concerns focusing on: local concerns, ecology impacts, the increased size of the replacement dwelling, the loss of accessible housing for the elderly and concerns about the impacts to the conservation area, AONB, habitats, ancient forests and trees.

 

A motion was moved by Councillor Jonathon Seed to grant planning permission in accordance with the officers recommendation, which was seconded by Councillor Sarah Gibson.

 

A debate followed where a member debate focused on removing permitted development rights and whether the development was ‘materially larger’.

 

At the end of the debate it was;

 

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:

 

Dwg 627-S-02 dated 28/11/17; Dwg 627-S-01 dated 28/11/17; Dwg 627-P-01 D dated 27/03/18; Dwg 627-P-02 C dated 20/03/18; Dwg 627-P-03 C dated 21/03/18; Dwg 627-P-04 D dated 27/03/18; Dwg 627-P-05 B dated 21/03/18; Dwg 627-P-06 B dated 21/03/18; Dwg 627-P-07 B dated 21/03/18; 627-P-08 E dated 27/03/18; Dwg 627-P-09 E dated 21/03/18; Dwg 627-P-10 B dated 21/03/18

 

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.         No development shall commence on site until a final scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:-

•           location and current canopy spread of all existing trees and hedgerows on and adjacent to the land;

•           full details of any to be retained, together with measures for their protection in the course of development;

•           a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

•           finished levels and contours;

•           means of enclosure;

•           car park layouts;

•           all hard and soft surfacing materials;

•           minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

•           proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc); and

•           At least 4 trees, of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428.

 

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.         All works shall be carried out in strict accordance with the hereby approved Arboricultural Report (ref 7268/2) by Wessex Tree Consultancy and dated March 2018 and the associated Tree Protection Plan (Dwg TPP.02) Wessex Tree Consultancy and dated March 2018.

 

REASON: In order that the development is undertaken in an acceptable manner, to enable the Local Planning Authority to ensure the protection of trees in the interests of visual amenity and biodiversity.

 

7.         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 final scheme of hard and soft landscaping. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

8.         The development hereby permitted shall not be first occupied until the first five metres of the access, measured from the edge of the public right of way, 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.

 

9.         The access shall remain ungated.

 

REASON: In the interests of highway safety.

 

10. The development hereby permitted shall not be occupied until the hereby approved surface water drainage (as illustrated on plan drawing 627 P 08 E by Hetreed Ross Architects and dated 27/03/18) have been completed in accordance with the submitted and approved details.

 

REASON: In order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

11. The development hereby permitted shall not be occupied until the hereby approved sewage disposal works (as illustrated on plan drawing 627 P 08 E by Hetreed Ross Architects and dated 27/03/18) have been completed in accordance with the submitted and approved details.

 

REASON: To ensure that the development is provided with a satisfactory means of drainage.

 

12. No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following: 

a)         the parking of vehicles of site operatives and visitors;

b)        loading and unloading of plant and materials;

c)         storage of plant and materials used in constructing the development;

d)        the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)         wheel washing facilities;

f)          measures to control the emission of dust and dirt during construction;

g)        a scheme for recycling/disposing of waste resulting from demolition and construction works; and

h)        measures for the protection of the natural environment.

i)          hours of construction, including deliveries;

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

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 minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

13.  The proposed development shall be undertaken in accordance with the recommendations set out in Section 5 of the “Updated Bat Survey” by Seasons Ecology, dated June 2018 (reference SEB1547_04); and the hereby approved plans which detail the replacement and additional roosting habitat and external lighting.

 

REASON: To ensure appropriate mitigation, compensation and enhancement for protected species; and compliance with The Conservation of Habitats and Species Regulations 2017, the National Planning Policy Framework, the NERC Act 2006 and Core Policy 50 of the Wiltshire Core Strategy (adopted January 2015).

 

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015  (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Schedule 2, Part 1, Classes A-E shall take place on the dwellinghouse hereby permitted or within its curtilage.

 

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

PLANNING INFORMATIVES: 

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.

 

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 

 

 

Absences

 

Councillor Phil Alford left the meeting at 18:30