Agenda item

Erection of detached dwelling with garage parking (Resubmission of 20/02504/FUL).

 

Public Participation

James Harrison spoke in objection to the application

 

The Planning Officer, Georgina Wright presented the application for the erection of a detached dwelling with garage parking (Resubmission of 20/02504/FUL withdrawn last year).

 

The Officer updated on two matters, firstly that Wilton Town Council had raised an objection to the application based on overdevelopment of the site and inadequate access to Crow Lane and secondly, in response to a query she had received relating to the ownership of the development site, the applicant has clarified that they are now the owner of the land and had purchased it in October 2019.

 

The application involved a garden site with an existing garage, which did not belong to any of the properties surrounding it. Access from the site was onto Crow Lane on the southern boundary of the site.

 

The proposal included the retention of an existing brick wall and pedestrian access part way along. A small section of the existing wall was to be rebuilt in a chamfered arrangement to allow a visibility splay from the new driveway.  The wall is unlisted but is in a conservation area.

 

The existing garage was to be removed and a driveway created. An existing tree was to be retained and the proposed dwelling would be set back approximately 10.5m from the road frontage brick wall.

 

The unlisted Chapel building (now flats) to the east sat right up to the garden site with the windows looking out and opening on to the development site.

 

A fence would be erected in the garden to improve privacy. There had been some complaints from the residents of those living in the flats within the Chapel building, regarding loss of light from this fence.  But planning permission is not required for the erection of a fence in the garden/right up to this boundary, up to a height of 2m.

 

The application was recommended for approval as set out in the report.

 

The main issues which had been considered to be material in the determination of this application were listed as, Principle, Heritage, Character & Design, Neighbouring Amenities, Highway Safety, Ecology, and CIL/S106.

 

Members of the Committee had the opportunity to ask technical questions of the officer. In response to queries, it was clarified that there had been the proposed materials would be conditioned and the design was now accepted by conservation.

 

The existing garage had access to Crow Lane without a turning point, therefore there was no change to the existing situation that could occur if the garage started being used again.

 

Members of the public, as detailed above, then had the opportunity to speak on the application.

 

Some of the main points made included that all residents of the Chapel flats were objecting to the proposed development and it was stated that many of the concerns raised remained unresolved. 

 

Residents had also requested that a condition be included restricting the erection of the garden fence to a minimum of 4m distance from the Chapel building.

 

Other concerns related to the impact on the drainage and sewerage system.

 

Local Member Cllr Pauline Church then spoke in objection to the application, noting that she was familiar with the site in historic Wilton, as had previously owned 30 West Street.

 

The narrowness of the road did not make it conducive to further development of this scale with the resulting additional vehicle movements. This was in addition to the already approved development of 62 houses also on Crow Lane on the Naish Felts site.

 

This was unacceptable over development of Historic Wilton. My opposition was aimed at the scale of the building being proposed and the negative architectural impact it would have on this side of Crow Lane. Disagree that it was of a more modest traditional cottage style in-keeping with surrounding properties.

 

The proposed would overshadow the cottages 24 – 30 West Street in height and scale, which was an important row of C18 cottages.

 

Cllr Church felt that it was unacceptable to inhibit daylight by allowing a development within inches of the windows of the flats in the Chapel noting the close proximity of Grade II listed buildings in a conservation area of Wilton. Cllr Church then asked the Committee to refuse the application based on the scale and design and constraining and unsafe nature of the Highways element.

 

The Officer confirmed that there was no objection in relation to the proximity to the listed buildings from the Conservation Officer and there was no impact on the Street-scene on crow lane as the property was set 10.5m back, and behind a brick wall and would not really be seen from Crow Lane.

 

The Chairman, Cllr Westmoreland then moved a motion of approval in line with Officer recommendation. This was seconded by Cllr Britton.

 

The Committee was invited to discuss the application, the main points included comments around the 2-way traffic on Crow Lane, that the plot was suitable for some development, although there was sympathy for the residents of the ground floor Chapel flats, although as there was no planning permission required to erect a fence, therefore the condition requested by the residents could not be included.

 

The wall at the front of the development site and the Chapel building were not listed.

 

The Committee hoped that the applicant would engage with the residents to find a solution to the position of the garden fence.

 

Following debate, the Committee confirmed they had heard and seen all

relevant visual materials, and voted on the motion of Approval, in-line with Officer recommendation.

 

It was:

 

Resolved:

that application 20/05989/FUL be approved, subject to 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:

 

Application Form & Certificate

Ref: LP/01 - Location Plan (Excluding Block Plan). Received - 17.07.2020

Ref: GF/03 - Ground Floor Plans. Received - 07.12.2020

Ref: FF/04 - First Floor Plan. Received - 03.12.2020

Ref: EL/05 - Elevations. Received - 03.12.2020

Ref: SS/06 - Street Scene. Received - 12.02.2021

Ref: SP/08 - Site Plan. Received - 03.12.2020

Ref: VS/08 - Visibility. Received - 03.12.2020

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

 

3 - No development shall commence above slab level 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 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 area.

 

4 - No development shall commence above slab level on site until full details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys, dormers and canopies 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 area/conservation area.

 

5 - 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;

 finished levels, contours;

 means of enclosure and boundary treatment;

 car park layouts;

 other vehicle and pedestrian access and circulation areas;

 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.

 

6 - 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 building(s) 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.

 

7 - The offset boundary identified along the eastern edge of the site on the approved plans, details of which shall be agreed as part of the satisfaction of Condition 5 above, shall be installed prior to occupation of the dwelling hereby approved. The offsite area created shall remain free of obstruction and the new boundary shall be and retained/maintained in situ in perpetuity.

REASON: In the interests of neighbouring amenities.

 

8 - No development shall commence on 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 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 recording of any matters of archaeological interest

 

9 - The development hereby permitted 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.

 

10 - The gradient of the access way hereby approved shall not at any point be steeper than 1 in 6 for a distance of 4.5 metres from its junction with the public highway.

REASON: In the interests of highway safety.

 

11 - No part of the development hereby approved shall be first 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 in perpetuity.

REASON: In the interests of highway safety.

 

12 - No part of the development hereby approved shall be first occupied until the parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter.

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

13 - Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage hereby permitted shall not be converted to habitable accommodation.

REASON: To safeguard the amenities and character of the area and in the interest of highway safety.

 

14 - Notwithstanding the approved plans, the proposed development shall not be first occupied until means/works have been implemented to avoid private water from entering the highway.

REASON: To ensure that the highway is not inundated with private water.

 

15 - Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking or re- enacting or amending those Orders with or without modification), no development within Classes A-E, of Part 1 of Schedule 2, shall take place on the dwellinghouse hereby permitted or within its curtilage.

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.

 

16 - 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 windows, doors or other form of openings other than those shown on the approved plans, shall be inserted on the development hereby permitted.

REASON: In the interests of residential amenity and privacy.

 

17 - The dwelling hereby approved shall not be occupied until the Building Regulations Optional requirement of maximum water use of 110 litres per person per day has been complied with.

REASON: To avoid any adverse effects upon the integrity of the River Avon Special Area of Conservation

 

18 - No construction shall take place on Sundays or Bank or Public Holidays or outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

REASON: To minimise disturbance to nearby residents during the construction period

 

INFORMATIVES:

 

1) 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) The applicant(s) is advised that discharge of the drainage condition does not automatically grant land drainage consent, which is required for any works within 8m of an ordinary watercourse or any discharge into an ordinary watercourse. The applicant remains responsible for obtaining land drainage consent, if required, at the appropriate time.

 

3) The application involves an alteration to the existing vehicle access/dropped kerb. The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence will 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. Please contact our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk and/or 01225 713352 or visit their website at http://wiltshire.gov.uk/highways-streets