Agenda item

Demolition of agricultural buildings and erection of two detached dwellings and associated works.

 

Public Participation

Mr Richard Cosker, RCC Town Planning, spoke in support of the application.

Mr Anthony Heath, Architect, spoke in support of the application.

Mr James Robson, spoke in support of the application.

 

Senior Conservation/Planning Officer Morgan Jones, introduced a report which recommended that the application for the demolition of agricultural buildings and erection of two detached dwellings and associated works be refused.

 

Attention was drawn to two late representations, one from Bishops Cannings Parish Council who stated they had no objection to the application and a third party letter of support for the application.

 

Plans and photographs were shown to the meeting and key details were stated to include the following:

 

The site was comprised of former agricultural buildings associated with Old Manor Farm. The Old Manor Farmhouse itself, which was Grade II Listed, lies to the south of the site and was within the applicant’s ownership. The Farmhouse had been damaged by fire but planning permission and listed consent had been granted for all of the dwelling to be rebuilt. The whole site lies within the Bishops Cannings Conservation Area and the North Wessex Downs Area of Outstanding Natural Beauty.

 

Key issues for consideration were stated to be the principle of development; design and impact on heritage assets & landscape character; ecological impact; and the impact on highway safety.

 

The Wiltshire Core Strategy (WCS) and Devizes Area Neighbourhood Plan (DANP) classed Bishops Cannings as a small village. Therefore it did not have a defined ‘limits of development’. However, ‘infill’ was allowed if it met the housing needs of the settlement. Infill was defined as ‘the filling of a small gap within the village that it is only large enough for not more than a few dwellings, or generally only one dwelling’. The site was on the periphery of the village and therefore the planning officer felt that it would not represent infill. This was one of the reasons the application was recommended for refusal.

 

It was stated that the conservation officer felt that the proportions of dwelling 1 were too large. As it was close to the Grade II listed farm house it would compete visually with it, rather than appearing as a subservient ancillary building. It was also stated that the overall scheme would harm the setting of the listed building and the character and appearance of the conservation area. This was another reason that the application was recommended for refusal.

 

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 support of the application. Cllr Whitehead felt that this site was central in the village and therefore the new dwellings would represent infill. The current agricultural buildings were ugly and deteriorating in condition, causing a blight on the village. The applicants had stuck to the pre-application advice on the design of the dwellings and therefore felt it was upsetting that the conservation officer had not chosen to support the application. Therefore Cllr Whitehead felt that the application should be supported.

 

Cllr Stewart Dobson proposed a motion to grant planning permission with conditions, the wording of which would be delegated to officers. This motion went against the officer recommendation. This was seconded by Cllr Paul Oatway.

 

A debate followed where the following issues were raised.

 

The buildings had been designed sympathetically and fit the environment. They looked similar to the buildings they were replacing and would improve the appearance of the site. The yard was no longer a working farmyard, small farms were now defunct and needed regenerating. In this case the old and useless would be replaced with new and useful. Some councillors felt that some of the policy needed updating. Whilst they understood that officers had to work within the policy it could be taken to extremes. Some councillors felt that the application proposal comprised infill whilst others felt it was not.

 

At the conclusion of the debate it was;

 

Resolved:

 

That planning permission be granted with conditions (the final wording of the conditions would be delegated to officers).

 

Reason:

 

The application could be classed as infill as defined in the WCS and therefore was acceptable in principle. The new buildings would not have a harmful impact on the setting of the listed building or the character and appearance of the site and conservation area.

 

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:

 

·         Document. Planning Statement (October 2018) by RCC Town Planning;

·         Document. Preliminary Ecological Assessment & Phase 2 Bat Surveys (July 2018) by Gareth Harris Ecology & Conservation;

·         Document. Tree Survey, Arboricultural Impact Assessment and Tree Constraints Plan (ref 18.781) by WHLandscape;

 

·         Drawing no.3439-01 (Plans & Elevations for New Dwelling 1 [showing Location Plan, Block Plan, & Proposed Site Plan]);

·         Drawing no.3439-02 (Plans & Elevations for New Dwelling 1);

·         Drawing no.3439-03 (Plans & Elevations for New Dwelling 2);

·         Drawing no.3439-04 (Diagram for Yard Access Visibility Splays);

·         Drawing no.19119-200-01 RevD [showing existing site / topographical plan].

 

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

 

3.    No development shall commence on site until a scheme for the discharge of surface water from the site, 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.

 

4.    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

 

5.    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.

 

6.     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.

 

7.    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.

 

8.    No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees has been submitted to, and approved in writing by, the Local Planning Authority. All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following:

 

·         A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2012 and a plan indicating the alignment of the protective fencing

·         A specification for scaffolding and ground protection within tree protection zones in accordance with British Standard 5837: 2012;

·         A schedule of tree works conforming to British Standard 3998: 2010;

·         Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;

·         Plans and particulars showing the siting of the service and piping infrastructure;

·         A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification;

·         Details of the works requiring arboricultural supervision to be carried out by the developer's arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

·         Details of all other activities, which have implications for trees on or adjacent to the site.

·         In order that trees to be retained on-site are not damaged during the construction works and to ensure that as far as possible the work is carried no demolition, site clearance or development should commence on site until a pre-commencement site meeting has been held, attended by the developer's arboricultural consultant, the designated site foreman and a representative from the Local Planning Authority, to discuss details of the proposed work and working procedures.

·         Subsequently and until the completion of all site works, site visits should be carried out on a regular basis by the developer's arboricultural consultant. A report detailing the results of site supervision and any necessary remedial works undertaken or required should then be submitted to the Local Planning Authority. Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant following that approval.

 

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 order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

 

9.    No above ground 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, the details of which shall include:-

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

·         finished levels and contours;

·         car park layouts;

·         all hard and soft surfacing materials;

 

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

 

10.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.

 

11.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.

 

12.No dwelling shall be occupied, until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 900mm above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

Reason: In the interests of highway safety

 

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), 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.

 

14.The mitigation and enhancement measures to protect and enhance the habitat of the site as detailed in Section 7 of the approved Preliminary Ecological Assessment & Phase 2 Bat Surveys (July 2018) by Gareth Harris Ecology & Conservation 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:

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.

 

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.