Agenda item

Report No: DEV/SE/18/002

DC/17/1763/FUL - Planning Application - Construction and part retention of a single storey outbuilding to provide garaging and storage associated with the residential occupation of the site

DC/17/2606/VAR - Planning Application - Variation of Condition 9 of DC/15/0426/FUL (Planning Application - Change of use of land from agriculture to domestic use) to read "The change of use hereby approved shall not be implemented unless and until the development approved under DC/15/0029/PMBPA2 has been implemented and the dwelling (shown as 'proposed house number one' on drawing 3A dated February 2015) occupied"

(Councillor David Nettleton declared a non-pecuniary interest in this item, in that one of the objectors, who was representing family members that were neighbours to the applications’ site, was his next door neighbour.)

DC/17/1763/FUL - Planning Application - Construction and part retention of a single storey outbuilding to provide garaging and storage associated with the residential occupation of the site

DC/17/2606/VAR - Planning Application - Variation of Condition 9 of DC/15/0426/FUL (Planning Application - Change of use of land from agriculture to domestic use) to read "The change of use hereby approved shall not be implemented unless and until the development approved under DC/15/0029/PMBPA2 has been implemented and the dwelling (shown as 'proposed house number one' on drawing 3A dated February 2015) occupied"

Planning Application DC/17/1763/FUL had been referred to the Development Control Committee following consideration by the Delegation Panel.  The application had been referred to the Delegation Panel at the request of Ward Member (Chedburgh) Councillor Mike Chester.

Accordingly, related Planning Application DC/17/2606/VAR was also presented to the Committee for determination as it concerned the same site.

The Parish Council had no objection to either application, letters of representation had been received from a number of third parties; some in support of the applications and others objecting to both.

A Member site visit was held prior to the meeting.  Officers were recommending that both applications be approved subject to conditions, as set out in Paragraph 64 of Report No DEV/SE/18/002.

The Principal Planning Officer drew attention to the supplementary papers that had been circulated in connection with the applications, following publication of the agenda.

The Officer also advised that since agenda publication one further letter of representation had been received citing support, in general terms, for both applications.  Furthermore, Officers were aware that Members had been contacted directly by an objector and he reminded the Committee to consider the applications before them on their own merits, irrespective of previous enforcement action on the site, which had no bearing on the determination of the schemes.

It was also highlighted to Members that previously approved Planning Application DC/17/2606/VAR was not be revisited in terms of the issue of principle, which was already established.  The matter seeking determination was purely permission to vary the wording of a condition in connection with a previous approval. 

Speakers:    Mr Bill Hill (on behalf of family members who were neighbours to the applications’ site) spoke against the application

                   Mr Brian Morron (agent) spoke in support of the application

Councillor Peter Stevens thanked the Case Officer for the clarity of report and presentation.  He also made reference to the changes in planning legislation that had occurred over time.  Councillor Stevens stated that he was satisfied with the Officer recommendations and moved that the applications be approved as per the report.

Councillor Carol Bull echoed this satisfaction and seconded the motion.

On conclusion of further remarks made by Members of the Committee, the motion was put to the vote and with 13 voting for the motion and with 1 abstention, it was resolved that

Decisions

DC/17/1763/FUL

Planning permission be GRANTED subject to the following conditions:

1. Time limit.
2. Compliance with plans.
3. Building to be used for purposes incidental to the enjoyment of the dwelling under construction within the large’ barn on the site.

DC/17/2606/VAR

Planning permission be GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun not later than 28^th April 2018.
2. The soft landscaping shown on drawing 2276/102 Revision D shall be implemented not later than the first planting season following commencement of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.
3. The hard landscaping shown on drawing 2276/102 Revision D shall be implemented within six months from first occupation (or within such extended period as may first be agreed in writing with the Local Planning Authority).
4. The development shall proceed in accordance with the contents of the letter dated 20^th April 2015 (ref KO/46348) and The Remediation Method Statement dated November 2015 (ref 46348), both documents produced by Richard Jackson Ltd.

No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the remediation method statement referred to above has been submitted to and approved in writing by the Local Planning Authority.

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

5. The bin storage area shown on drawing 2276/102 Revision D shall be implemented before first occupation and thereafter retained.
6. Gates shall be set back a minimum distance of 5 metres from the edge of the carriageway and shall open only into the site and not over any area of the highway.
7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) no development permitted by Article 3 and Part 1 Class E and Part 2 Class A - B of Schedule 2 to the Order shall be erected/carried out within the site other than any expressly authorised by this permission.
8. The change of use hereby approved shall not be implemented unless and until the development approved under DC/15/0029/PMBPA2 has been implemented and the dwelling (shown as 'proposed house number one' on drawing 3A dated February 2015) occupied.