Agenda item

Report of the Assistant Director Planning – Community Development Services

Considered :-

 

The Assistant Director Planning – Community Development Services sought determination of a planning application for a new 2 storey dwelling house with domestic garage at the rear at OS Field 9319, Church Street, Well.  This application was submitted for a Committee decision having been called in by a Ward Member.

 

Mark Ketley, spoke on behalf of the applicant in support of the application.

 

David Webster spoke in support of the application.

 

During consideration of the above application, the Committee discussed the following issues:-

·           The proximity of the recently constructed Mayzac to the application site, thus reducing the separation gap.

·           The location of the former school building and it’s connection to the village.

·           The withdrawal of the Environment Agency objection on flood risk grounds.

·           The Committee sought clarification from Officers on the sequential test and the reason why this resulted in a recommendation for refusal and were advised that the sequential test carried out was very restrictive in the area covered and that other sites in flood zone 1 could be available within the wider Local Plan area.

·           The in keeping design of the property to adjacent dwellings.

 

The Decision :-

 

That contrary to Officers recommendation planning permission be GRANTED.

 

Voting Record

 

A vote was taken and the motion was declared carried with 6 for and 1 abstention.

 

Reason:-

 

The Committee’s reasons for approving the application are as set out below:-

 

(i)     The site will form part of the built form of Well due to the proximity of the old school and the boundary of the recently constructed Mayzac on the east of the site reducing the separation gap.

 

(ii)    The withdrawal of the Environment Agency objection on flood risk grounds and the conclusion that the proposals will not adversely impact flooding of other properties or cause displacement of flood water.

 

(iii)   The design of the proposed dwelling is acceptable in isolation and complies with the requirements of policy E1.

 

Additional Conditions

 

Condition 1: The development hereby permitted shall be begun within three years of the date of this permission.

 

Condition 2: The permission hereby granted shall not be undertaken other than in complete accordance with the drawing(s) numbered S50 - 3B and S50 - 2A received by the Local Planning Authority on 11.04.2023 unless otherwise approved in writing by the Local Planning Authority.

 

Condition 3: The development must not be brought into use until the access to the site has been set out and constructed in accordance with the 'Specification for Housing and Industrial Estate Roads and Private Street Works" published by the Local Highway Authority and the following requirements:

-        The crossing of the highway verge and/or footway must be constructed in accordance with the Standard Detail number E50.

-        Any gates or barriers erected must not be able to swing over the existing or proposed highway.

-        Provision to prevent surface water from the site/plot discharging onto the existing or proposed highway must be constructed and maintained thereafter to prevent such discharges.

-        The final surfacing of any private access must not contain any loose material that is capable of being drawn on to the existing or proposed public highway.

-        Measures to enable vehicles to enter and leave the site in a forward gear.

 

All works must accord with the approved details.

 

Condition 4: No dwelling must be occupied until the related parking facilities have been constructed in accordance with the details approved in writing by the Local Planning Authority. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

Condition 5: Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any subsequent Order, the garage(s) shall not be converted into domestic accommodation without the granting of an appropriate planning permission.

 

Condition 6:  No development must commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Construction of the permitted development must be undertaken in accordance with the approved plan. The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:

-      wheel washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway;

-      the parking of contractors' site operatives and visitor's vehicles;

-      areas for storage of plant and materials used in constructing the development clear of the highway;

-      details of site working hours;

-      contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

 

Condition 7: (a) No demolition/development shall commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:

-      The programme and methodology of site investigation and recording

-      The programme for post investigation assessment

-      Provision to be made for analysis of the site investigation and recording

-      Provision to be made for publication and dissemination of the analysis and records of the site investigation

-      Provision to be made for archive deposition of the analysis and records of the site investigation

-      Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

(b) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).

 

(c) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

Condition 8: Prior to the commencement of this development, full details of design measures to be incorporated to make the development safe from flood risk shall be submitted for approval by the Local Planning Authority. These details must then be implemented in full.

 

Condition 9: Prior to the commencement of development a landscaping and biodiversity net gain scheme shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall provide a) a landscape scheme including details of any change in surfacing materials and any planting schemes and shall show the retention of any significant existing landscape features and shall provide b) details to show how a 10% net gain of biodiversity will be achieved on site using the DEFRA biodiversity metric 3.1 (or the latest published version) and include a programme of work and subsequent maintenance arrangements.  The development shall thereafter be carried out in accordance with the approved scheme.

 

Condition 10: Prior to development commencing details of the existing ground and floor levels of site and neighbouring buildings and the proposed ground and finished floor levels of the site shall be submitted to and approved in writing by the Local Planning Authority.  The levels shall relate to an identified fixed Ordnance Datum.  The development shall be constructed in accordance with the approved details and thereafter be retained in the approved form.

 

Condition 11: The construction of the development hereby approved shall not be commenced until details of the foul sewage and surface water disposal facilities have been submitted to and approved in writing by the Local Planning Authority. 

 

These details are required prior to the construction because they could otherwise be compromised and in order to minimise the risk of abortive work being undertaken.

 

The reasons for the above conditions are:-

 

1.    To ensure compliance with Sections 91 and 92 of the Town and Country Planning Act 1990 and where appropriate as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.    In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Local Plan Policies S1 and E1.

 

3.    To ensure a satisfactory means of access to the site from the public highway in the interests of highway safety and the convenience of all highway users.

 

4.    To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development.

 

5.    In accordance with policy IC2 and to ensure the retention of adequate and satisfactory provision of off-street accommodation for vehicles generated by occupiers of the dwelling and visitors to it, in the interest of safety and the general amenity the development.

 

6.    In the interest of public safety and amenity.

 

7.    This condition is imposed in accordance with Section 16 of the NPPF (paragraph 205) as the site is of archaeological significance.

 

8.    To ensure compliance with policy RM2 of the Local Plan.

 

9.    To ensure that a suitable landscaping scheme is achieved for the development and that a net gain in biodiversity is achieved in accordance with the Hambleton Local Plan policies S1, E1, E3 and E7.

 

Note: Councillor Tom Jones left the meeting at 10.25am during consideration of the above item and returned at 10.28 am.