Agenda item

Report No: DEV/WS/20/012

Planning Application - 1no dwelling and cart lodge

Planning Application - 1no dwelling and cart lodge

The application was originally referred to the Development Control Committee on 8 January 2020 following consideration by the Delegation Panel.

Stanton Parish Council supported the application, which was contrary to the Officer recommendation of refusal.

A Member site visit was held prior to the previous meeting on 6 January 2020.

At the meeting on 8 January 2020, Members resolved that they were ‘minded to approve’ the application contrary to the Officer recommendation of refusal. Accordingly, the Committee’s Decision Making Protocol was invoked in order for a risk assessment to be produced for Members’ further consideration and as set out in the report before the Committee at this meeting.

On 8 January 2020, the Committee had passed a resolution of ‘minded to approve’ the application as Members considered it to be a sustainable development situated in a sustainable location. It had been highlighted that a ‘cluster’ of dwellings’ was subjective and considered the scheme would marginally contribute to the District’s housing supply and economy.  The Committee felt the proposal would not have an adverse impact on the character of the countryside and would not contravene Joint Management Policies Document Policy DM27, which addressed Housing in the Countryside.

Officers were continuing to recommend that the application be refused, for the detailed reason set out in paragraph 14 of the report, which in summary was contrary to the Development Plan.

The Service Manager (Planning – Development) reported that paragraph 29 of the Working Paper referred to Hundon; however, this was a typographical error and should refer to Stanton. Members were then informed that following reconsideration of the application and given due consideration to the implications of approving the application as set out in the risk assessment contained in the report, if the Committee were still ‘minded to approve’ the application, the Council as Local Planning Authority would need to advertise the application as a departure from the development plan as required by law. If it was resolved to approve the application, it would be asked that the decision to grant planning permission be delegated to officers, in consultation with the Chair and Vice-Chairs of the Committee following the conclusion and outcome of the advertising of the application.

Speaker:      Councillor Jim Thorndyke (Ward Member for Stanton) spoke on the application.

Clarification was sought on the requirement to advertise the application. The Service Manager (Planning – Development) explained that it was not initially anticipated by Officers that the application would need to be advertised. However, in order to meet statutory publicity requirements, if the Committee approved the application, it would need to be advertised locally as a departure from the development plan.

Some clarity was sought on the proposed conditions should the application be approved, including that proposed condition 7 should require an electric charging point to be installed with the capability of providing a minimum of a 7 kilowatt charge.

Whilst the risk assessment had been taken into account, some Members remained consistent with their previous views that the application should be approved for the reasons given above. Other Members, however, felt that the Council had adopted planning policies that should be adhered to. Officers had been robust in their reasons for refusal and it was therefore not appropriate to contravene the relevant policies and depart from the development plan.

It was moved by Councillor John Burns that the application be approved, contrary to the Officer recommendation of refusal on the grounds that it would not have an adverse impact on the character of the countryside, would contribute to the Council’s housing supply and would provide limited economic gains. This was duly seconded by Councillor Jim Thorndyke.

Upon being put to the vote and with 7 voting for the motion, 6 against and no abstentions, it was resolved that

Decision

A.       Application DC/19/1918/FUL be APPROVED on the grounds that it would not have an adverse impact on the character of the countryside, would contribute to the Council’s housing supply and would provide limited economic gains; and

B.       following the conclusion and outcome of the advertising of the application, delegated authority be given to the Service Manager (Development - Planning), in consultation with the Chair and Vice-Chairs of the Development Control Committee, to determine the application and grant planning permission as appropriate, subject to the following conditions:

1.       The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2.       The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

3.       Occupation shall not commence until the area(s) within the site shown on Drawing No. 2142/LO(-)02A for the purposes of [LOADING, UNLOADING,] manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.

4.       The areas to be provided for storage of Refuse/Recycling bins as shown on Drawing No. 2142/LO(-)02A shall be provided in its entirety before the development is brought into use and shall be retained thereafter for no other purpose.

5.       Before the access is first used visibility splays shall be provided as shown on Drawing No. 2142/LO(-)02A with an X dimension of 2.4 metres and a Y dimension of 42 metres in each direction and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.

6.       No construction site machinery or plant shall be operated, noisy works shall be carried out and no construction related deliveries taken at or despatched from the site except between the hours of 0800- 1800 Monday to Friday, 0800-1300 Saturday and not at any time on Sundays or Bank or Public Holidays.

7.       Prior to first occupation, the dwelling hereby permitted  shall be provided with an operational electric vehicle charge point at a reasonably and practicably accessible location, with an electric supply to the charge point capable of providing a minimum of a 7kW charge.

8.       The dwelling(s) hereby approved shall not be occupied until the optional requirement for water consumption (110 litres use per person per day) in part G of the Building Regulations has been complied with and evidence of compliance has been obtained.

9.       Prior to commencement of development  a scheme for the protection during construction of the TPO/156(1991) Walnut tree on site, in accordance with BS 5837:2012 shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these.  The protective measures contained with the scheme shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details, and shall be maintained and retained until the development is completed.  Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon.  If any trenches for services are required within the fenced areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25mm or more shall be left unsevered.