Agenda item

Demolition of the existing building. Construction of 4 new dwellings (revised scheme following the withdrawal of application reference 19/09803/FUL for 5 dwellings).

Councillors Kirk, Palmen, Piazza and Vigar returned to the meeting at 17:26, following the conclusion of Item 8a.

Public Participation

Brian Osbourn, spoke in objection to the application.

Paul Stevens, Architect representing client, spoke in support of the application.

Head of Development Management, Mike Wilmott, presented a report, which outlined the demolition of an existing building as well as the construction of four new dwellings. The report recommended that the application be approved subject to conditions.

Details were provided of the site, including the principle of development, impact upon the area and wider landscape, heritage matters, highway impacts, biodiversity matters and neighbouring impacts.

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on the provision of carparking and how vehicles would be able to rotate and then emerge on to the carriageway.

Members of the public then had the opportunity to present their views to the Committee as detailed above.

The local Unitary Member, Councillor Gordon King, then spoke in objection to the application. In his statement, Councillor King spoke of the unique and historic identity of Westbury Leigh, the impact on surrounding properties and local amenities as well as the land being within a Zone 1 flood zone. Additionally, the size of the proposed buildings and the current street scene was referenced.

A debate then followed where the following issues were discussed including the current building make up of Westbury Leigh, including a large number of listed buildings and the potential need for a conservation area. Additionally, the similar height level of the proposed houses in comparison to the malthouse as well as the improved aesthetic design of the proposed houses in comparison to the building currently situated in the location.

During the debate, a motion to accept the officer’s recommendation was moved by Councillor Andrew Davis and seconded by Councillor Edward Kirk.

At the conclusion of the debate, it was,

Resolved:

To approve the application subject to the following planning conditions

Conditions: (11)

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:

Drawing 841:03B (Existing & Proposed Location & Site Plan) received 03.03.2021
Drawing 841:01 (Existing Building) received 09.10.2020
Drawing 841:02A (Existing Levels) received 05.05.2021
Drawing 841:12B (Proposed Elevations and Floor Plans for Detached House) received 02.03.2021
Drawing 841:05D (Proposed Plans and Elevations of Terrace) received 02.03.2021
Drawing 841:11 (Proposed Eaves Heights) received 30.11.2020
Drawing 841:07E (Proposed Street Scene) received 02.03.2021
Drawing: 841:10A (Proposed Stormwater Drainage) received 03.03.2021
Drawing 841:04F (Proposed Site Plan with Vehicle Tracking) received 11.05.2021

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

3) No development shall commence on site, except for enabling works and ground investigations and remediation, until detailed infiltration testing and soakaway design in accordance with BRE 265 and Wiltshire Council’s Surface Water Soakaway Guidance have been submitted for the written approval of the LPA to verify that soakaways would be suitable for the development. If the infiltration test results demonstrate that soakaways are not appropriate, an alternative method of surface water drainage with the requisite details, shall be submitted to and approved in writing by the Local Planning Authority; and in either case, the approved drainage systems shall be installed and completed prior to the occupation of the development.

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.

4) No development shall commence on site until a scheme for the discharge of surface water from the site, including sustainable drainage systems, drainage drawings, calculations and all third party approvals, has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority.

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.

5) No development beyond slab level shall commence on site until the details (with samples made available on the site) of the materials to be used for the external walls, roofs, porches and windows/doors have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the 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.

6) No gates, fences, walls or other means of enclosure, shall be erected on site until the details have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved plans and be maintained in perpetuity.

REASON: to maintain the character and appearance of the area.

7) All the compensatory tree planting and soft landscaping proposals forming part the approved plans shall be implemented and completed during 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.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape feature

8) None of the dwellings hereby approved shall be occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. Thereafter, the areas shall be maintained for those purposes for the lifetime of this development.

REASON: In the interests of highway safety.

9) None of the dwellings hereby approved shall be occupied the following windows shall be glazed with obscure glass only to an obscurity level of no less than level 4 and the windows shall be permanently maintained with obscure glazing in perpetuity:
· The dormer windows in the north west elevation serving the bathrooms as shown on
Drawing 841:05D;
· The windows in the south west and north east elevation serving the downstairs WC and the stairwell window on the north eastern elevation shown on drawing number 841:05D;
· The stairwell window on the north western elevation shown on Drawing 841:12B

REASON: In the interests of residential amenity and privacy.

10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or reenacting or amending that Order with or without modification), the garage hereby approved shall be retained for vehicle parking and shall not be converted to habitable accommodation.

REASON: To secure the retention of adequate parking provision, in the interests of highway safety.

11) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.3) (England) Order 2020 (or any Order revoking or reenacting or amending that Order with or without modification), no windows, dormer windows or rooflights, other than those shown on the approved plans, shall be inserted in the dwellings hereby approved.

REASON: In the interests of residential amenity and privacy and the character and appearance of the area

INFORMATIVES TO APPLICANT:

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
https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy

2) Bats and their roosts are protected by law and it is illegal to disturb, harm, obstruct, damage or obstruct them. If there is any evidence of bats found on site, all works on site should cease and advice should be sought for a licensed ecologist.

3) The applicant should note that the works hereby approved involve the removal and disposal of asbestos and should only be removed by a licenced contractor. Asbestos waste is classified as 'special waste' and as such, can only be disposed of at a site licensed by the Environment Agency. Any contractor used must also be licensed to carry 'special waste'.

4) The applicant is encouraged to install 5 integral swift nest bricks in this development as an ecological enhancement measure. Suggested locations would be 3 integral bricks in the north east gable end of the block of three houses and 2 bricks in the western elevation of house no.5 and should be installed/made available prior to the first occupation of the development hereby approved.