Agenda item

Change of use of current agricultural land to residential area. Construction of proposed new chalet bungalow.

Public Participation

Laura Maher (applicant) spoke in support of the application

Ben Crozier (Agent - substituted by Mary Cozier), spoke in support of the application.

Andy Oliver spoke as representative for Idmiston PC

 

The Planning Officer, Hayley Clark presented the application for Change of use of current agricultural land to residential area. Construction of proposed new chalet bungalow.

 

The development would be for the applicants to move in to, leaving their existing bungalow available for their son who had Down Syndrome, to live in independently as possible, whilst remain close to the family for support when required.

 

The site was considered to be in an unsustainable location and not identified for future development within the Neighbourhood Plan or considered to be in-fill development.

 

The general buildings to the rear of the properties along this side of Gomeldon Road were outbuildings or agricultural. The proposals were out of keeping with the area and would not follow the existing pattern of development.

 

The development did not fall within the Phosphate mitigation measures agreed with Natural England.

 

The application was recommended for refusal 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, Personal Circumstances, Character & Design, Neighbouring Amenities, Highway Safety, River Avon Special Area of Conservation (SAC) catchment area.

 

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 In response to queries, it was clarified that there had been a previous application in 2020, but that it had been withdrawn.

 

Members of the public, as detailed above, then had the opportunity to speak on the application. Some of the main points included that there were no objections from local residents or consultees and was supported by the parish council.

 

The applicant’s son’s Support worker letter had been included, to evidence the needs of the son.  That the site was very sustainable for the family and in particular the son.

 

The three reasons given for refusal were counter balanced by the applicant.

 

The Idmiston Parish Council representative spoke in support. 

 

Local Member Cllr Mike Hewittt then spoke in support of the application, noting that work had been carried out for years to take the phosphate out of the water. A machine which had been brought in to take minerals out of the water, had since been switched off as was no longer needed.

 

It was noted that the needs of the young man would get greater over time, as he got older he would get heavier. Lifts would later be required to help with mobility and he would eventually be able to move in to the bungalow and be assisted by a live in carer.

 

If his needs were not able to be accommodated on the land with his family he would have to go in to a home, which would not be near to the family.

 

The fields at the back were military and have been cleared. Cllr Hewitt saw no reason to refuse the application, which had the support of the parish council and local residents. If the family were unable to provide the facility, his needs would later incur a huge cost if a care facility was required.

 

Cllr Hewitt then moved a motion of approval against Officer recommendation,

stating the reasons as noted above. This was seconded by Cllr Devine.

 

The Team Leader clarified the Committee had the power to make a decision contrary to the phosphate element if there was reason to do so.

 

The Committee was invited to discuss the application, the main points included comments around planning restrictions and the human element of the situation.

 

That the development could not be described as infill and was a development in the open countryside.

 

That the current need was not present and that an application to provide for a facility for independent living was perhaps considered premature, in light of the applicant’s son being 14 years of age and not needing his own accommodation until adulthood.

 

There was support from the parish council and local residents and there would be financial savings if the family provided independent living accommodation.

 

Following debate the Committee confirmed they had heard and seen all

relevant visual materials, and voted on the motion of approval against officer

recommendation, with the reasons stated. The motion was not carried.

 

The Chairman, Cllr Westmoreland then moved the motion of refusal, inline with Officer recommendation. This was seconded by Cllr Britton.

 

The Committee confirmed they had heard and seen all relevant visual materials, and voted on the motion of Refusal, in line with Officer recommendation.

 

It was:

 

Resolved:

that application 20/08997/FUL be Refused for the following reasons:

 

1 The site is located in the small village of East Gomeldon to the rear of a row of existing dwellings. East Gomeldon does not have a development boundary and is classed as being in the open countryside, in an unsustainable location where there is a presumption against new unsustainable development. The proposed dwelling is therefore contrary to core policies 1,2, 4, 60 and 61 of the Wiltshire Core Strategy and Section 9, paras 102, 103, 108 & 110 of the National Planning Policy Framework 2019 which seeks to reduce the need to travel particularly by private car, and support and encourage sustainable, safe and efficient movement of people and goods.

 

The proposed development is not considered to be infill development as defined by core policy 2 of the Wiltshire Core Strategy. Furthermore, the site is not identified as a site for possible future development in the made Neighbourhood Plan and is not considered to comply with any of the exemption tests as outlined in paragraph 4.25 of the Wiltshire Core strategy.

 

The property is for the parents/family of Toby, a 14 year old with Down

Syndrome to live in while Toby resides in the existing 3 bed bungalow, this

however does not accord with exemption polices as the proposed dwelling

shows no design features that would indicate its use by someone with a

disability, contrary to core policy 46.

 

 

2 The character of East Gomeldon Road is defined by ribbon development

along the north side of East Gomeldon Road with dwellings either located at the front of the residential plots with linear rear gardens or located at the rear of the plot with linear front garden. Tandem or backland development is unusual for this road. The siting of the proposed dwelling located further to the north than existing dwellings and their curtilages is considered to for harmful

encroachment of residential development into the rural landscape, contrary to

core policy 57 of the Wiltshire Council Core Strategy. The scale and siting of the dwelling on raised ground will result in an unduly prominent form of

development which will be out of keeping for the locality in this rural landscape

contrary to core policy 57 of the Wiltshire Council Core Strategy.

 

3 The site is situated within the River Avon catchment area that is a European

site. Advice from Natural England indicates that every permission that results in a net increase in foul water entering the catchment could result in increased

nutrients entering this European site causing further deterioration to it. The

application does not include detailed proposals to mitigate the impact of these

increased nutrients and consequently, without such detailed proposals, the

Council as a competent authority cannot conclude that there would be no

adverse effect on the integrity of this European Site as a result of the

development. The proposal would therefore conflict with The Habitat

Regulations 2017, Wiltshire Core Strategy policies CP50 (Biodiversity and

Geodiversity) and CP69 (Protection of the River Avon SAC); and paragraphs

175 and 177 of the National Planning Policy Framework.