Agenda item

Hybrid Planning Application seeking: Part: Outline application for residential development of 3 market sector dwellings including siting, access and parking; and Part: Full Permission for the change of use of the retained buildings to form 3 market sector dwellings including external appearance and parking.

 

Public Participation

Mr James McParland, local resident, spoke in objection to the application

Mr Jonathon Gray, local resident, spoke in objection to the application.

Mr John Kirkwood, of the Campaign to Protect Rural England, spoke in objection to the application.

Ms Adele Holmes, Applicant, spoke in support of the application.

Mr Charles Mann spoke in support of the application.

Mr David Stirling, Agent, spoke in support of the application.

 

Jonathan James, Senior Conservation/Planning Officer presented a report which recommended that planning permission be granted, subject to conditions, for the Hybrid Planning Application seeking: Part: Outline application for residential development of 3 market sector dwellings including siting, access and parking; and Part: Full Permission for the change of use of the retained buildings to form 3 market sector dwellings including external appearance and parking.

 

Key details were stated to include the following:

 

The scheme, which had originally been submitted in 2017, had been amended to reduce the number of units from 7 to 6. This was in response to concerns raised by various parties. The application was a hybrid application, composed of full details of the conversion of the existing traditional farm buildings to three

residential dwellings; and outline details for the erection of the three new-build

dwellings, including siting, access and parking. All other matters (namely landscaping, scale and external appearance) were reserved for subsequent approval.

 

The main issues identified in the report were stated to include highway safety and accessibility; the impact on heritage assets; the potential impact on drainage and the visual impact of the scheme.

 

Attention was drawn to a late surface water flood assessment plan from the agent, which was received on the morning of the committee meeting. The report stated that surface water drainage would be to Summerham Brook and permeable surfaces would be used within the site to reduce the risk of run off. Due to the lateness of the report the Drainage Officer had not had an opportunity to provide further comments. The final drainage strategy would need to be agreed prior to works commencing if the application was approved.

 

Members of the committee then had the opportunity to ask technical questions of the officer. Details  were sought on whether the application would be liable for the Community Infrastructure Levy (CIL). The planning officer stated that new units are almost always liable for CIL. However, as some of the units were conversions this may affect the total level of CIL payable.

 

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

 

Cllr Laura Mayes, on the behalf of the unitary division member, Cllr Anna Cuthbert, spoke in objection to the application.

 

In response to public statements the officer stated that although there was an application refused that included the field to the west of the site in 1997, the National Planning Policy Framework did not exist in 1997; the Development Plan background was different; and permitted development rights for the conversion of the farm buildings had been introduced. The national and local planning context was therefore different now.

 

A debate followed where key issues raised included concerns regarding the impact on highways and the need to improve pedestrian safety. A suggestion was raised that a 20mph speed limit could be imposed and a virtual pavement installed. In response to this suggestion it was stated that the Highways department would need to advise on these possibilities. A further suggestion was raised, that if approved, the local Community Area Transport Group may be able to liaise with Highways over this matter.

 

Other issues raised included the low intensity nature of the development which gave a low proportionate increase and the feeling that there were no grounds to refuse the application that would stand up at appeal.

 

During debate Cllr Richard Gamble proposed a motion to grant planning permission, with conditions, as per the officer recommendation. The motion was seconded by Cllr Ian Blair-Piling.

 

At the conclusion of the debate it was;

 

Resolved:

 

That planning permission be GRANTED with the following conditions:

 

Conditions:

1. Phase 1 (full element) of 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. Phase 2 (the outline element) of the development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

3. No development in Phase 2 (the outline element) shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

 

a. The scale of the development;

b. The external appearance of the development;

c. The landscaping of the site;

 

The development shall be carried out in accordance with the approved details.

 

REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

4. An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

5. The development hereby permitted shall be carried out in accordance with the Application Form, Planning Statement Doc Ref. 113 01 40, Supplementary Planning Statement relating to change of use of farm buildings (doc ref. 11301 41, dated May 2018), Transport Statement, Ref. IMA-17-011 (dated Aug 2017), Flood Risk Strategy and Drainage Strategy (August 2018), Agents email and Addendum to FRA (received 15/10/2018), Agents email and supporting ‘Drainage Letter’ (received 15/10/2018), Tree Survey, Tree Protection and Landscaping Proposals, Ref 18.693 Rev B (dated Mar 2018), Protected Species Survey and Mitigation (dated 23 Sept 2016) and the following approved plans:

 

·         Location Plan, Dwg No. 113 01 01 Rev 00

·         Proposed site layout, Dwg No. 1658.02-E

·         Site Sections, Dwg No. 1658.03-C

·         Conversion Principles for Courtyard Buildings, Dwg No. 1658.04-A

·         Proposed conversion ( Plots 2, 3 and 4), Dwg No. 1658.05

·         Landscape Plan, Dwg No. Fig. 4 (18.693) Rev b

·         Topographic Survey, Dwg No. 212091-SU-01

·         Hay Loft survey, Dwg No. EL-01

·         Barn elevations, Dwg no. EL-01

·         Tree Plan Existing, Dwg No. 113 01 10 Rev 01

 

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

 

6. Notwithstanding the details set out in the application particulars, no development shall commence on site within any particular phase until details and samples of the materials to be used for the external walls and roofs within the particular phase 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.

 

7. No development shall commence on site until a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small, privately owned, domestic gardens) has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved 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, to ensure the proper management of the landscaped areas in the interests of visual amenity.

 

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

a. location and current canopy spread of all existing trees and hedgerows on the land;

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

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

d. finished levels and contours;

e. means of enclosure;

f. car park layouts;

g. other vehicle and pedestrian access and circulation areas;

h. all hard and soft surfacing materials;

 

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

 

9. All soft landscaping comprised in the approved details of landscaping for any particular phase of the development 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 within the particular phase 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 within a particular phase shall also be carried out in accordance with the approved details prior to the occupation of any part of the development within the phase 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.

 

10. No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site.

Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that

remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

REASON: To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

11. No development shall commence on site until details of the stopping up of the existing vehicular access onto Bunnies Lane, has been submitted to and approved in writing by the Local Planning Authority. The details shall include a programme for the timing of the stopping up of the access. The stopping up of the access shall take place in accordance with the approved details. On completion of the development, the means of vehicular and pedestrian access to the development shall be as shown on the plans hereby approved.

 

REASON: In the interests of highway safety.

 

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 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. Prior to the commencement of development including any demolition works, a mitigation strategy in the form of a site plan shall be submitted to and approved in writing by the local planning authority. The plan shall show the number, type and location of all bat and bird integral boxes to be included within the development. All works connected with the development hereby permitted shall be carried out in strict accordance with the recommendations for ecological mitigation (bats and birds) in Section 5 of the submitted Bat and Protected Species Survey (Malford Environmental Consulting, 23 September 2016) and the approved plan the subject of this condition.

 

REASON: In the interests of protected species and their habitats.

 

14. No development shall commence within the area indicated (the proposed development site) until:

a. A written programme of archaeological investigation, which should include onsite work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

b. The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest.

 

15. No development shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: 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.

 

16. 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 scheme shall include details of permeability test results to BRE365 with determination of top ground water levels taking into account seasonal variations and full catchment investigations with regards to existing flooding in/adjacent to the site together with all third party approvals. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: 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 without increasing flood risk to others.

 

17. The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

18. No part of the development hereby permitted shall be brought into use 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: In the interests of highway safety.

 

19. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no first floor window, dormer window or rooflight shall be inserted in the rear (south facing) elevation of plot 6 of the development hereby permitted.

 

REASON: In the interests of residential amenity and privacy.

 

20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no first floor window shall be inserted in the north facing gable of plot 1 of the development hereby permitted.

 

REASON: In the interests of residential amenity and privacy.

 

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions to, or extensions or enlargements of any building forming part of the development hereby permitted.

 

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.

 

22. INFORMATIVE TO APPLICANT: The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. Please see Natural England’s website for further information on protected species.

 

23. INFORMATIVE TO APPLICANT: 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

 

24. INFORMATIVE TO APPLICANT: The proposed widening to the front of Cedarwood and on the corner of Bunnies Lane as shown on the drawing will be required to be conditioned and secured as adopted highway via a short form S278 agreement. The parking provision within the site shall meet the minimum requirements in accordance with the Wiltshire Local Transport Plan 2011 – 2016: Car Parking Strategy (March 2011) and be provided as shown on the approved drawing. All accesses should be surfaced in a consolidated material for at least the first 2.5m. If the site is to be accessed by a refuse lorry under agreement the turning area for the lorry should be built to adoptable standards i.e. consolidated surfacing.