Agenda item

19/09800/FUL: 12a Frome Road, Bradford-on-Avon, Wiltshire, BA15 1LE

Meeting of Online meeting, Western Area Planning Committee, Wednesday 22 July 2020 3.00 pm (Item 109a)

Demolition of an existing dwelling and outbuilding and erection of 5 residential dwellings with alterations to the existing boundary wall to accommodate a widened vehicular access.

This item was deferred from the 17 June 2020 meeting of the Committee.

Minutes:

Public Participation, Statements read out by the DSO

Statement of objection by Anthony Phillips, on behalf of Dr and Mrs Tees

Statement of support by Tara Maizonnier (Agent)

The Planning Officer, Jemma Foster, introduced a report which recommended

granting planning permission, subject to conditions, for the demolition of an existing dwelling and outbuilding and erection of 5 residential dwellings with alterations to the existing boundary wall to accommodate a widened vehicular access.

The application had been deferred in June to see if the applicant could achieve a visitor parking space and a turning head within the site. This had been achieved and was now part of the proposal.

Key issues highlighted included the Highways and the Biodiversity improvements now included in the proposals. The addition of a visitor parking space which had replaced the bin storage area and there being no previously reported collisions from the existing dwelling, which currently had no turning head.

The allocated visitor parking was in an area already in use for parking, so there would be no additional impact on neighbouring properties.

Each dwelling would have one covered parking space and one other space at the front with the inclusion of a cycle storage area.

Materials were all considered to be appropriate, the site was in close proximity to the school, shops and train station.

The wellbeing of neighbouring trees was protected by the confirmation of a no dig area included in the plans, with root protection of these trees during building phase. There were no TPO’s for the trees on site, however the site was in a conservation area. An additional condition from the Tree Officer had been included in the construction method statement.

A Highways condition regarding deliveries had been agreed to by the agent.

There were no technical questions of the Officer for this application.

The Democratic Services Officer, Kieran Elliott, read out the public statements that had been submitted prior to the meeting, as detailed above. All statements were also available to view in the Agenda Supplement 1, published prior to the meeting.

Cllr Sarah Gibson, Division Member, spoke regarding the application noting that when it had come to committee in June, it had been deferred due to the issues associated with access and parking.

Cllr Gibson expressed concern about the timing of bringing this application back to committee so soon after the June meeting and highlighted concerns about the proposed development, specifically in relation to the amount of amenity space being proposed for the number of houses, and pointed out that the only space being provided for recreation and amenity purposes on the site, that would not be used for bin and cycle storage and car parking, would be a small area at the end of the development towards to northern end of the site.

By incorporating a turning circle in the revised plans, the proposal would remove even more communal amenity space, and reasserted the view that the site was not large enough for 5 family dwellings, and argued that the obvious and sensible solution would be to remove at least one dwelling.

Whilst accepting that the additional parking space had been incorporated into the revised submission, Cllr Gibson emphasised that on-street parking would not be a realistic option as any space is taken up very quickly given the demand of parking in the immediate area along Kennet Gardens.

Cllr Gibson also observed that the proposed development was more like vertical flats, with a difficult access along a narrow lane. Whilst there was mention made to on-site cycle storage, it was not visible on the site.

Cllr Gibson then moved a motion to refuse planning permission against officer recommendation citing conflicts with adopted Wiltshire Core Strategy CP57 parts 7 and 11 in terms of there being a lack of on-site amenity space for future residents and overdevelopment of the site.

The motion was seconded by Cllr Palmen.

During the debate that followed, the main points raised were that the applicant had been asked to incorporate revisions highlighted and deferred at the June committee meeting, which they had done. It was accepted that the inclusion of the revised elements had consequential impacts, but these were considered acceptable.

The motion of refusal failed.

Cllr Gibson then moved the motion of approval in line with officer recommendations, subject to the additional conditions, relative to securing a construction method statement along with details on deliveries to avoid 9am-3pm during school term time.

Cllr Palmen seconded the motion with the additional conditions.

Following the debate, the committee voted on the motion of approval with conditions.

Resolved

That application 19/09800/FUL be Approved in line with Officer recommendation, with 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: PL001 (existing block and site plan), PL002 (existing site plan 1 of 2), PL003 (existing site plan 2 of 2), PL004 (existing house layout), PL005 (existing elevations), PL006 (existing sections), PL007B (proposed block plan and drainage plan), PL008B (proposed site plan 1 of 2), PL009B (proposed site plan 2 of 2), PL010C (proposed ground floor plan and views), PL011C (proposed first and second floor plans), PL012B (proposed elevations), PL013 (proposed street scene), PL014A (proposed 3D views), SK01E (site access visibility), DD/A1 (topographic site survey), SP01A (swept path analysis), SP02A (swept path analysis) REASON: For the avoidance of doubt and in the interests of proper planning.
3	No development shall commence on site until a construction management plan, detailing the time of deliveries (including school term time deliveries), the projected construction hours, and the erection of fences and the drainage arrangements during the construction phase and the provision for the installation of attenuation storage prior to the installation of any upstream drainage infrastructure has been submitted to and approved in writing by the Local Planning. The development shall then 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 and to ensure acceptable amenity levels for neighbouring properties and to reduce conflict with the nearby school vehicular and pedestrian traffic and the reduction of flood risk elsewhere.
4	No development shall commence on site until a scheme for the discharge of surface water from the site/phase, including sustainable drainage systems has been submitted to and approved in writing by the Local Planning Authority. The development shall then 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 and to ensure acceptable surface water discharge.
5	No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development on residential receptors, in particular, the residential dwelling (12A) on the access road to the site. The plan shall include details of the following: i. The movement of construction vehicles; ii. The cutting or other processing of building materials on site; iii. Wheel washing and vehicle wash down facilities; iv. The transportation and storage of waste and building materials; v. The recycling of waste materials (if any) vi. The loading and unloading of equipment and materials vii. The location and use of generators and temporary site accommodation viii. Where piling is required this must be Continuous flight auger piling wherever practicable to minimise impacts The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times. 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 and to respect the amenity of nearby neighbouring properties.
6	No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development until protective fencing in accordance with British Standard 5837: 2012: "Trees in Relation to Design, Demolition and Construction -Recommendations" has been erected to fence off the entire garden area/open space located North of the site (as shown in green on drawing number PL009B . The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations. This protected area shall not be used for the storage of materials and/or equipment, mixing of materials and shall be kept clear of any associated building works. If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority. No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land. [In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later]. 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 enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity and the Conservation Area.
7	The development hereby approved shall be carried out in accordance with the mitigation section of the 'Dusk Emergence and Pre-dawn Re-entry surveys for Bats' dated September 2019 and carried out by All Ecology Ltd. REASON: To ensure adequate protection of protected species.
8	The development hereby approved shall be carried out in accordance with the conclusion section f) the 'Great Crested Newt eDNA Analysis' Report dated May 2019 and carried out by All Ecology Ltd. REASON: To ensure adequate protection of protected species.
9	The development hereby approved shall be carried out in accordance with the Section 4: Recommendations of the Ecological Appraisal dated September 2019 by All Ecology Ltd. REASON: To ensure adequate protection of protected species and improve biodiversity on the site
10	No development shall commence beyond slab level until a scheme of hard landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include: - o boundary treatment (including individual plot boundary treatment); o means of enclosure; o car park layouts; o other vehicle and pedestrian access and circulation areas; o all hard surfacing materials; o minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc); All hard landscaping shall all be carried out in accordance with the approved details prior to the occupation of any part of the development 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 neighbouring amenity
11	No development shall commence beyond slab level until details of the proposed access alterations, including the provision of a continuous footway across the site access, has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be first occupied until the said works have been completed in accordance with the approved details. REASON: In the interests of highway safety.
12	No development shall commence beyond slab level 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 Conservation Area.
13	No works shall commence on the turning head until details of the groundworks and a construction method statement (CMS) have been submitted to and approved in writing by the Local Planning Authority. The CMS shall include the no dig specification alongside more detail in respect of level changes to accommodate the thickness of the footings, linings and finished surfaces. The development shall then be carried out in accordance with the approved details. REASON: in the interest of protecting the neighbouring trees.
14	The vehicular access hereby approved shall remain ungated in perpetuity. REASON: In the interests of highway safety.
15	The dwellings hereby approved shall not be first occupied until the first five metres of the access, measured from the edge of the carriageway, 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.
16	The dwellings hereby approved shall not be occupied until the access and turning areas 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.
17	The dwellings hereby approved shall not 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 600mm 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
18	The dwellings hereby approved shall not be occupied until the parking space(s) together with the access thereto, have been provided in accordance with the approved plans . REASON: In the interests of highway safety and the amenity of future occupants.
19	The dwellings hereby approved shall not be occupied until the locations of 4 bat boxes within the site have been submitted to and approved in writing by the Local Planning Authority. The bat boxes shall be in place prior to the first occupation of the dwellings hereby approved and shall remain in perpetuity. REASON: In the interests of biodiversity.
1	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.
2	INFORMATIVE TO APPLICANT: When discharging condition 3, to safeguard the safety of school children accessing and leaving the nearby primary school during term time, construction deliveries should be restricted between 9am and 3pm.
3	INFORMATIVE TO APPLICANT: In order to discharge conditions 3 and 4 above, the following will need to be included as part of any future discharge of condition application: " Evidence that the surface water drainage system is designed in accordance with national and local policy and guidance, specifically CIRIA C753 (The SuDS Manual), the Non-statutory Technical Standards for SuDS and Wiltshire Council's Surface Water Soakaway Guidance; A plan showing the cross sections and design of any attenuation pond and its components. Pre and post development surface water discharge rates. The proposed ownership details of the drainage infrastructure; Any third-party agreements for discharge to their system (temporary and permanent). Where a connection to a surface water sewer is proposed, confirmation and acceptance of an agreed connection point and discharge rate for surface water disposal from the sewerage undertaker. Construction plan detailing how the site will be drained during construction such that the flood risk to others is not increased
4	INFORMATIVE TO APPLICANT: To avoid disturbing nesting birds and breeding season, no works should take place to the site boundaries between March to July inclusive. All British birds (while nesting, building nests and sitting on eggs), their nests and eggs (with certain limited exceptions) are protected by law under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000. If birds are nesting on/in or within the vicinity of the proposed development, work should be undertaken outside the breeding season for birds to ensure their protection, i.e. works should only be undertaken between August and February. Further advice on the above can be sought from the Council Ecologists. Furthermore, the applicant/ developer must be mindful that bats are protected under The Conservation of Habitats and Species Regulations 2010 (as amended), which implements the EC Directive 92/43/EEC in the United Kingdom, and the Wildlife and Countryside Act 1981 (as amended). All site operators must be informed that if bats are discovered, all works should stop immediately, and Natural England should be contacted for advice on any special precautions before continuing.
5	INFORMATIVE TO APPLICANT: The applicant/developer is strongly encouraged to have an open dialogue with the adjacent school and nursery as early as possible prior to the proposed demolition and construction works. The discussion should include details pursuant to the timing of deliveries, the projected construction hours and erection of fences.
6	INFORMATIVE TO APPLICANT: The developer/applicant is required to reach an agreement with Wessex Water with respect to finalising foul water and clean water connections.
7	INFORMATIVE TO APPLICANT: The developer/applicant is advised to follow guidance produced by Wiltshire Fire & Rescue Service in terms of precautionary measures to reduce the risks of fire and on-site measures to deal with an emergency. This advice is often in addition to building regulation requirements. Further guidance can be obtained regarding the on-site provision of fire hydrants and a water supply for the purposes of fire-fighting.
8	INFORMATIVE TO APPLICANT: The developer/applicant is advised to incorporate water efficiency measures into this scheme to provide resilience to some of the extremes of weather conditions that climate change brings. It benefits future residents by reducing water bills, and also benefits wider society by making more water available at times of shortage. The development should include water efficient systems and fittings. These should include dual-flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating (as a minimum). Greywater recycling and rainwater harvesting should be promoted and implemented. An appropriate submitted scheme should include a water usage calculator showing how the development would not exceed a total (internal and external) usage level of 105 litres per person per day.

Supporting documents: