Agenda item

Proposed construction of a detached garage.

Eleanor Slack, Senior Planning Officer, introduced the report which recommended the application be approved, subject to conditions, for a proposed detached garage.

It was noted by officers that two periods of public consultation had been undertaken due to amendments made to the application including a redesign of the materials used and reduction in the height of the proposal. It was additionally noted that the boundary hedge to the North West of the proposed garage would be removed. Officers highlighted that the Highways Officer had reviewed the proposal a number of times and did not raise any objections with respect to the proximity of the application to the bordering private access road and considered that the arrangement would meet the minimum visibility standards.

Key issues highlighted included: principle of development; impact on the character of the area; impact on neighbour amenity; parking/highways; and impact on drainage.

Members of the Committee had the opportunity to ask technical questions to the officer. The main points of focus included: the height of the proposed door; external lighting; references to the Emerging Lydiard Millicent Neighbourhood Plan in the report; and the involvement of the Lydiard Millicent Parish Council.

In response, officers noted that there was no external lighting proposed but highlighted Condition 5 which required the applicant to submit plans for approval before installing any external lighting if desired. It was emphasised that officers felt the proposal was in line with Policy LM1 (Managing Design in Lydiard Millicent) of the Emerging Lydiard Millicent Neighbourhood Plan. It was additionally noted that officers did not believe that the Lydiard Millicent Parish Council had quoted Policy LM1 in their objection and that they had only objected during the first consultation period, with comments received on 9 November 2020.

Councillor Mollie Groom, as Local Unitary Member, was experiencing technical difficulties, therefore the Chairman, Councillor Tony Trotman, read a statement of objection on Councillor Groom’s behalf. The main point centring around safety concerns with regard to reduced visibility for both pedestrians and other road users on the main route and adjacent private access road.

The Chairman, Councillor Tony Trotman, moved to approve the application, subject to conditions, in line with officer recommendations which the Vice-Chairman, Councillor Peter Hutton, seconded.

During the debate members discussed the possibility of adding a condition that requested the applicant change their design by moving the proposed garage 0.5m further inside the boundary to mitigate the safety concerns raised by Councillor Groom and objectors as detailed in the officer’s report. Other topics deliberated included the lack of objection from Highways Officers, and the complications that could arise from requesting a change of location.

Councillor Gavin Grant suggested an amendment to the motion to include an informative ensuring that the height of the hedgerow on the Eastern boundary of the site was maintained to aid in the visibility for vehicles using the private access road. Councillors Tony Trotman and Peter Hutton accepted the amendment to the motion.

Councillor Chuck Berry suggested a further amendment to the motion to include an informative that recommended moving the proposed garage 0.5m further inside the boundary. Neither the Chairman nor Councillor Peter Hutton agreed to the amendment. As such, Councillor Berry sought a seconder to his amendment which Councillor Brian Mathew undertook. After some debate as to the procedure for amendments and the validity of the proposed amendment, Councillor Chuck Berry withdrew his proposal for an amendment to the motion but requested it be recorded that he felt that he had advocated the correct procedure for seeking amendments to proposals.

At the conclusion of the debate, a vote was taken on the amended motion for approval. The Democratic Services Officer called upon each member who confirmed they had been able to hear and, where possible, see all relevant materials and indicated their vote in turn.

Following which, it was:

Resolved

The Committee APPROVED the application, subject to conditions, in accordance with officer recommendations, with an additional INFORMATIVE TO APPLICANT as follows:

The applicant should note that the Council considers that any hedgerow replanting to the eastern site boundary should be maintained at a height that ensures visibility for vehicles utilising the adjacent site access.

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:

Site location plan

Received 09/10/2020

2079.1 Rev C - Proposed floor plans and elevations

Proposed Block plan

Received 22/12/2020

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

3.    The garage hereby permitted shall not be used at any time other than for purposes ancillary to the residential use of the main dwelling, known as 31 The Close and it shall remain within the same planning unit as the main dwelling.

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

4.    No 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;
• means of enclosure;
• all hard and soft surfacing materials;

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 existing important landscape features.

5.    No external lighting shall be installed until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Professionals in their publication "Guidance Notes for the Reduction of Obtrusive Light GN01:2020", have been submitted to and approved in writing by the Local Planning Authority.  The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

INFORMATIVES:

·       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.

·       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.

·       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.

·       The Council recommends that the applicant notes and implements the recommendations of the UK Constructors Group Good Neighbour Site Guide during the construction of the development hereby approved.

·       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

·       The applicant should note that the Council considers that any hedgerow replanting to the eastern site boundary should be maintained at a height that ensures visibility for vehicles utilising the adjacent site access.