Agenda item

Erection of 8 Dwellings together with Associated Works.

 

Public Participation

Mr Malcolm Smith, spoke in objection to the application

Mr Jim Stevenson, spoke in objection to the application.

Ms Nicola Sage, spoke in objection to the application.

Ms Jenny Holt, spoke in support of the application.

Mr Kieren Dobie, Agent, spoke in support of the application.

Mr Richard Cosker, Design Team, spoke in support of the application.

Cllr Trevor Hill of Urchfont Parish Council spoke in objection to the application.

 

Senior Conservation/Planning Officer Morgan Jones, introduced a report which recommended that the application for the erection of 8 dwellings together with associated works be granted subject to conditions and a section 106 legal agreement.

 

The application had been amended to reduce the number of dwellings from nine to eight. These dwellings would be served by a single point of access at the south-west corner of the site onto Friars Lane. Two of the eight dwellings would be affordable housing. This figure met the requirement of policy H3 of the Urchfont, Wedhampton and Lydeway Neighbourhood Plan (UWLNP) which required 30% of the development to be affordable housing. It was noted that there had been a mistake in section 8.92 of the agenda report, where it should read 2 affordable homes rather than 3.

 

Key details were stated to include the following:

 

Highway safety had been raised as an issue. However, the Highways Authority were happy with the layout of the development. The plans had been amended to include a footpath at the front of the scheme, so one of the issues raised by the parish council had been addressed.  However the parish council were also concerned about increased vehicle movements and their effect in particular on Crooks Lane and the access to the B3098. The Highways Authority recognised that Crooks Lane  was narrow in places, but felt that it was sufficient to cope with a development of the proposed scale. Landscape impact was also considered an issue by objectors.

 

The development was considered to be of an appropriate design and layout and to meet the need for affordable housing identified in the UWLNP on this allocated site.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to a question regarding whether the proposed estate road would be adopted by Wiltshire Council, the officer stated that the Highways Authority would not be looking to adopt this road. However, if the application were to be approved, the section 106 legal agreement would secure a scheme for the management and ownership of the estate road. In response to a question regarding protecting significant parcels of agricultural land the officer explained that as this site had been allocated for residential development in the UWLNP, these issues would have been looked at during the allocation process.

 

Members of the public then had the opportunity to present their views to the

committee as detailed above.

 

The unitary division member, Cllr Philip Whitehead, spoke in objection to the application. Cllr Whitehead explained that the main reason he called this application in to the planning committee was because of the access to the site via Crooks Lane, stretches of which he felt were very narrow and would exacerbate the existing problem with traffic on this road. He stated that although the land had been allocated in the neighbourhood plan this did not mean that the Highways Officer should be unable to object. Locals felt that the road was not safe. Cllr Whitehead had spoken to a local farmer regarding the implementation of a footpath over his land which might help to mitigate the impact, and the  farmer seemed willing to discuss the matter. Therefore he felt that unless mitigation measures could be secured, the application should be rejected.

 

In response to public statements the Highways Officer stated that there was no objection from the Highway Authority.

 

Cllr Mark Connolly proposed a motion to grant planning permission with conditions and a section 106 agreement as per the officer recommendation. This was seconded by Cllr Ian Blair-Pilling.

 

A debate followed where key issues raised included the access to the site via Crooks Lane. It was noted that in the UWLNP, Policy TIC1 – Local Traffic and Movement, stated that developments would need to provide the necessary road infrastructure required as a result of, and to support, the development including access to the B3098 where appropriate. However, it was noted that underneath this policy was a qualifying statement, stating that highway improvements were a community aspiration and therefore could not be insisted on. It was stated that the parish council should have acknowledged this. The local farmer was willing to discuss a footpath and there would also be Community Infrastructure Levy (CIL) monies available. Some felt that implementing a footpath as suggested was the responsibility of the parish council.  It was also suggested that the Community Area Transport Group (CATG) may be able to help with this. If able to implement a new footpath this would also be of benefit to the residents of nearby Foxley Fields.

 

Other issues raised included the number of affordable homes on the site, as there were now only two affordable homes included in the scheme. However, it was noted that this met the 30% requirement.

 

It was suggested that it may be possible to amend the motion being discussed to add a condition that would ensure the implementation of the footpath. However, after discussion with planning officers it was determined that this could not be added as a condition due to ownership issues. However, it would be possible to add an informative.

 

Therefore, Cllr Connolly proposed an amendment to the motion, which was to add an informative suggesting that the parish council work with CATG to try and address the footpath issue. The final wording of the informative would be delegated to officers. This was seconded by Cllr Stewart Dobson. It was;

 

Resolved:

 

To amend the motion as proposed.

 

At the conclusion of the debate it was;

 

Resolved:

 

To grant planning permission with the following conditions and a section 106 agreement, as per the officer recommendation, with the addition of an informative, suggesting that the parish council work with CATG to try and address the footpath issue. The final wording of the informative would 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 documents and plans:

 

·         Drawing no.BDS-01-18. Title. Topographical Survey, received 24.07.18;

·         Drawing no. 01-01-Existing B&L Rev.A. Title. Existing Block & Location Plan, received 24.07.18;

·         Drawing no.04-04-Proposed B&L Title. Proposed Block & Location Plan, received 17.12.18;

·         Drawing no.04-03-Proposed Site Plan Rev.A. Title. Proposed Site Plan, received 15.01.19;

·         Drawing no. 04-07-Boundary & Hard Landscape Plan Rev.A. Title. Proposed Boundary & Hard Landscape Plan, received 15.01.19;

·         Drawing no. 04-08-Site Section Rev.A. Title. Proposed Site Section, received 15.01.19;

·         Drawing no. 04-09-Vision Splay. Title. Proposed Vision Splay

 

·         Drawing no. 02-01-Plot 1 - Three Bed Bungalow. Title. Proposed Ground Floor Elevations, Section & Rood Plan & Block Plan, received 24.07.18;

·         Drawing no. 02-02-Plot 2 - 3 Bed Detached Rev.B. Title. Proposed Ground Floor & First Floor Plan, Elevations, Section & Roof Plan, Block Plan, received 24.07.18;

·         Drawing no. 02-03-Plot 3 - 3 Bed Detached Rev.B. Title. Proposed Ground Floor & First Floor Plan, Elevations, Section & Roof Plan & Block Plan, received 24.07.18;

·         Drawing no. 02-04-Plot 4 - 4 Bed Detached Rev.B. Title. Proposed Ground Floor & First Floor Plan, Elevations, Section & Roof Plan & Block Plan, received 24.07.18;

·         Drawing no. 02-05-Plot 5 - 4 Bed Detached Rev.B. Title. Proposed Ground Floor & First Floor Plan, Elevations, Section & Roof Plan & Block Plan, received 24.07.18;

·         Drawing no. 04-02-Plot 6 & 7 - Semi Detached Rev.A. Title. Proposed Ground Floor & First Floor Plan, Elevations, Section, Roof Plan & Site Plan, received 15.01.19;

·         Drawing no. 04-01-Plot 8 – 3 Bed Detached. Title. Proposed Ground Floor & First Floor Plan, Elevations, Section & Roof Plan, received 17.12.18;

 

·         Drawing no. 02-08-Plot 2 – Single Bay Garage / Rev A.. Title. Proposed Single Bay Garage, received 17.12.18;

·         Drawing no. 02-09-Plot 3 – Single Bay Garage / Rev A.. Title. Proposed Single Bay Garage, received 17.12.18;

·         Drawing no. 02-10-Plot4 – Double Bay Garage. Title. Proposed Double Bay Garage, received 24.07.18;

·         Drawing no. 02-11-Plot5 – Double Bay Garage. Title. Proposed Double Bay Garage, received 24.07.18;

·         Drawing no. 04-06-Plot 8 – Single Bay Garage. Title. Proposed Single Bay Garage, received 17.12.18;

·         Drawing. 04-10-Brick Wall Detail. Title. Proposed Brick Wall Detail, received 15.01.19;

 

·         Document. Urchfont – Material Schedule – Rev B, received 17.12.18;

·         Document. External Facing Materials Schedule Plot 1, received 24.07.18;

·         Document. External Facing Materials Schedule Plot 2 + Garage, received 24.07.18;

·         Document. External Facing Materials Schedule Plot 3 + Garage, received 24.07.18;

·         Document. External Facing Materials Schedule Plot 4 + Garage, received 24.07.18;

·         Document. External Facing Materials Schedule Plot 5 + Garage, received 24.07.18;

·         Document. External Facing Materials Schedule Plot 6 & 7, received 17.12.18;

·         Document. External Facing Materials Schedule Plot 8 + Garage (3 Bed), received 17.12.18;

 

·         Document. Construction Traffic Management Plan (Technical Note - 6350/01. Issue no.2) by Cole Easdon Consultants, received 24.07.18.

·         Document. Landscape and Visual Appraisal (January 2019) (ref 18.756) by WHLandscape landscape architecture & arboriculture, received 15.01.19;

·         Document. Planting and Maintenance Detail (January 2019) (ref 18.756) by WHLandscape landscape architecture & arboriculture, received 15.01.19.

 

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

 

3          No development shall commence within the application site until:

 

a)         A written programme of archaeological investigation, which should include on-site 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: 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 enable the recording of any matters of archaeological interest.

 

4          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 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.

 

NOTE: In order to satisfy the condition full details of the proposed surface water drainage scheme, as indicatively shown on drawing no.6350/501 within the Drainage Statement (Technical Note - 6350/02. Issue no.2) by Cole Easdon Consultants, will be required.

 

5          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.

 

6          No above ground 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 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

 

7          No railings, fences, gates, walls, bollards and other means of enclosure development, other than those shown on the approved plans, shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish 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.

 

8          No development shall commence on site until details of the proposed ground floor slab levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels details.

 

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, in the interests of visual amenity.

 

9          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 dwellings 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.

 

NOTE: The approved soft landscaping is shown on Figure number: ‘Fig.5 (18.756) Rev.A’ within the Landscape and Visual Appraisal (January 2019) (ref 18.756) by WHLandscape landscape architecture & arboriculture. 

 

10        No part of the development hereby permitted shall be 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: In the interests of highway safety.

 

11        No part of the development shall be occupied until a visibility splay has been provided between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the carriageway, measured along the centre line of the access, to the point on the edge of the carriageway 43m metres to the east, and a 2.4m clear set back to the west to afford visibility of the junction. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 900mm above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

12        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 window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the roofslopes of the development hereby permitted.

 

REASON:  In order to protect the design and character of the development and in the interests of residential amenity and privacy.

 

13        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), the garages hereby permitted shall not be converted to habitable accommodation.

 

REASON:  To secure the retention of adequate parking provision, in the interests of highway safety.

 

14        The mitigation and enhancement measures to protect and enhance the habitat of the site as detailed in Section 6 of the approved Habitat & Protected Species Survey (16 July 2018) by Malford Environmental Consulting shall be carried out in full prior to the first bringing into use/ occupation of the development and/or in accordance with the approved timetable detailed in the Ecological Assessment.

 

REASON: To mitigate against the loss of existing biodiversity and nature habitats.

 

15        INFORMATIVE TO APPLICANT:

The attention of the applicant is drawn to the contents of the consultation response from Wessex Water (dated 16.08.18 / ref KT/SU05NW/ 133) which can be seen on the Council website at www.wiltshire.gov.uk

 

16        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.

 

17        INFORMATIVE TO APPLICANT:

This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the (to be confirmed should there be a resolution to grant planning permission)

 

18        INFORMATIVE TO APPLICANT:

The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a license may be 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.

 

19        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.

 

20      INFORMATIVE TO APPLICANT:

The applicant / developer is advised to take every opportunity to provide new, or enhance, footpath facilities between the application site and the centre of the village and / or the B3098 through engagement and negotiation with the Parish Council and local landowners.