Agenda item

18/08151/FUL - Dahl Al Misfir, Park Lane, Ford, Chippenham

Minutes:

Public participation

 

Ken Carter, local resident, spoke in objection to the application.

Beau Roberts, local resident, spoke in objection to the application.

 

John Worsnop, the applicant, spoke in support to the application.

 

The Planning Officer, Lee Burman, introduced a report which recommended granting planning permission, subject to conditions, for the installation of a swim spa and decking in the rear garden of Dahl Al Misfir.

 

Key issues highlighted included: the principle of development; the impact of the proposal on the character and appearance of the application site and surrounding Cotswolds Area of Outstanding Beauty; the impact of the proposal on the character and appearance of the Long Dean-Ford-Slaughterford Conservation Area and on the settling of the nearby listed buildings; and the impact of the proposal on the residential amenities of surrounding properties.

 

Members of the Committee then had the opportunity to ask technical questions of the officer which focused on: the location of the proposed decking; the material of the section of the development that would be visible to the adjacent lane; the level of noise the pump would produce and whether there were any policy restrictions in regards to this; the longer-term maintenance of the decking and especially its colour; and whether the pump’s noise level could be mitigated via a cover or underground storage.

 

Members of the public then had the opportunity to address the Committee, as

detailed above.

 

Cllr Toby Sturgis, speaking on behalf of the Division Member who was unable to attend, spoke regarding the application with the main points focusing on the adequacy of detail/information submitted with the application; whether the proposal draws on the local context and is complimentary to the locality; whether the design of the development could be changed especially in regards to the decking, plastic cover and lowering of the spa; and concerns over the level of noise the pump would produce.

 

At the start of the debate a proposal was moved by Cllr Peter Hutton, seconded by Cllr Gavin Grant to grant planning permission as detailed in the report and subject to the additional conditions detailed below.

 

During the debate the main points raised were: the possible outdoor storage of resident paraphernalia; the visual impact of the development to neighbouring properties; overdevelopment in the Cotswold area of outstanding natural beauty; the spirit and intention of conditions attached to the grant of permission for the original development of the dwelling in the Cotswold area of outstanding natural beauty and in particular the below ground level element of the property; the level of noise the pump would produce and the need to mitigate this; the suitability of the plastic section of the development; the size of the decking area; and the need to ensure the development would only be used ancillary to the residential dwelling.

 

Resolved

 

To delegate authority to the head of development management

services to grant permission subject to the conditions recommended in the report to committee and additional conditions to address:

 

Site landscaping to minimize visual impact of development and noise

impact to neighbouring properties;

 

Restrict outdoor storage of residential paraphernalia on the proposed

decking to minimize visual impact;

 

Ensure that the proposed swim spa is used ancillary to the residential

dwelling it serves and is not used for commercial purposes to mitigate

impact to residential amenity.

 

The wording of conditions to be delegated to officers.

 

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, Block Plan, Layout Plan, Section and Swim Spa Specifications; all dated 24 August 2018.

 

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

 

3 No paint or stain finish shall be applied to external timber until details of the paint or stain to be applied 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: In the interests of visual amenity and the character and appearance of the area.

 

4 The shell of the Swim Spa shall be 'Quartz Mist' in colour and it shall have a dark grey cover.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

 

5 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.

 

6 INFORMATIVE TO APPLICANT:

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

7 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.

 

8 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.

 

 

Supporting documents: