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Agenda item

Application No. & Parish: 17/03304/FULD - Garden land to the rear of 17 Church Gate, Thatcham, RG19 3PN

Proposal:

Erection of a new dwelling

Location:

garden land to the rear of 17 Church Gate, Thatcham, RG19 3PN

Applicant:

Mr and Mrs James

Recommendation:

to DELEGATE to the Head of Development & Planning to  APPROVE PLANNING PERMISSION subject to conditions

 

 

 

 

Minutes:

(Councillor Richard Crumly declared an interest in Agenda Item 4(1), by the virtue of the fact that he was present at that Thatcham Town Council meeting when the matter was considered. He reported that, he remained impartial and would consider the matter afresh this evening; therefore, as his interest was a personal or another registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

The Committee considered a report (Agenda Item 4(3)) concerning Planning Application 17/03304/FULD in respect of the erection of a new dwelling.

In accordance with the Council’s Constitution, Mr Steven Cottrell, agent, addressed the Committee on this application.

Mr. Cottrell in addressing the Committee raised the following points:

·                     Mr. Cottrell stated that the siting and position of the proposed dwelling did not have an impact on the Conservation Area as it would not be visible from the road;

·                     There had been a number of objections raised by neighbours some of whom seemed to have submitted several objections;

·                     The appeal decision for application 15/02052/FUL stated that the two storey development proposed in that application would be out of keeping but would not have an unacceptable impact on the living conditions in neighbouring properties. This proposal had been reduced to a single storey bungalow under the current application and therefore the impact would be reduced;

·                     The proposed dwelling was in a sustainable location and would cause no significant harm and Mr. Cottrell could see no planning reason to refuse the application.

Councillor Richard Crumly referred to the location plan where it was noted to the West was a dwelling known as The Grange and to the east was a number of executive homes. He asked how many executive homes there were. Mr. Cottrell could not recall the exact number but there were quite a few 4 and 5 bedroom homes.

Councillors Marigold Jacques and Richard Crumly, as Ward Members, raised the following points:

·                    Councillor Marigold Jacques stated that the development site was in a Conservation Area which had led to a number of objections from local residents. However, not all of the site was in the Conservation Area;

·                    In submitting this application the applicant had tried to address the issues raised by the Inspector in relation to the previous application;

·                    She felt that the proposed landscaping would soften the impact on neighbouring properties, the bin store could be accommodated at the end of the drive and no windows would overlook neighbouring properties;

·                    She felt that bungalows were in short supply and a much-needed form of development in Thatcham;

·                    Councillor Richard Crumly confirmed that most of the dwelling would be in the Conservation Area. However, it had been reduced in size to a bungalow and in any event the site was surrounded by dwellings itself;

·                    The applicants had dealt with the issues raised by the Inspector in relation to the previous application and that would strengthen their hand if this application went to appeal.

Councillor Graham Bridgman advised that Bryan Dundas had written to all Members of the Committee at 5.05pm that evening criticising what Officers had said in relation to the previous appeal. He made it clear that he would not be taking account of the contents of that letter when making a decision on the application.

In considering the above application Councillor Richard Crumly asked what the significance was of a property being in the Conservation Area. The Planning Officer confirmed that Conservation Areas were heritage assets which, under the provisions of the National Planning Policy Framework, required a special level of consideration. Any development which would cause significant harm should not be approved. Harm in the context of a Conservation Area would include detrimental impacts on visual amenity, impacts detracting from the character of the street scene or new  development that was poorly related to the pattern of surrounding development. The Conservation Officer had been consulted in order to seek advice as to whether the special character of the Conservation Area would be detracted from. The view of the Conservation Officer was that the proposed bungalow would be a subservient building to the north of the site and would be more suitable than the two storey building which had previously been proposed. It was considered that a bungalow would complement the special character of the conservation area and blend with the pattern and appearance of surrounding development.

Councillor Emma Webster proposed that the officer recommendation for approval should be accepted. This was seconded by Councillor Quentin Webb.

In putting the motion to the vote the majority of the Committee voted in favour of granting planning permission. Councillor Richard Crumly abstained from voting.

RESOLVED that the Head of Planning and Countryside be authorised to grant planning permission subject to the conditions listed in Section 9 of the Committee Report and subject to the additional condition set out in the Update Sheet as follows:

Conditions:

1.         Notwithstanding the approved plans, no development shall take place until the floor plans, elevations and schedule of materials of the shed indicated on drawing no AB_02 has been submitted to and approved in writing by the Local Planning Authority.  The shed shall be erected in accordance with the approved details.

Reason: To ensure that the shed is of an appropriate size within  the site, and to protect the amenities of neighbouring dwellings, and to ensure that the materials are visually attractive and respond to the local character.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006),

2.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

3.         The development hereby permitted shall be carried out in accordance with the approved drawing numbers AB_01 Rev A & AB_02 Rev A received on 28th November 2017

Reason: For the avoidance of doubt and in the interest of proper planning.

4.         No development shall take place until a schedule of the materials to be used in the construction of the external surfaces of the dwellings and hard surfaced areas hereby permitted has been submitted to and approved in writing by the Local Planning Authority.  This condition shall apply irrespective of any indications as to these matters which have been detailed in the current application.  Samples of the materials shall be made available for inspection on request. Thereafter the development shall be carried out in accordance with the approved materials.

Reason:  To ensure that the external materials are visually attractive and respond to local character.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

5.         No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.  The statement shall provide for:

(a)       The parking of vehicles of site operatives and visitors

(b)       Loading and unloading of plant and materials

(c)       Storage of plant and materials used in constructing the development

(d)       The erection and maintenance of security hoarding including decorative displays and facilities for public viewing

(e)       Wheel washing facilities

(f)        Measures to control the emission of dust and dirt during construction

(g)       A scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS5 and CS13 of the West Berkshire Core Strategy (2006-2026), Policy TRANS 1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

6.         The dwelling shall not be occupied until the vehicle parking and turning space have been surfaced, marked out and provided in accordance with the drawing no AB_02 Rev A received on 28th November 2017.  The parking and turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

7.         Notwithstanding the approved plans, no development shall take place until a plan and schedule of details of and materials for a path to provide flat level access for manoeuvring bins to the public highway at Church Gate has been submitted to and approved in writing by the Local Planning Authority. The dwelling shall not be occupied until the path has been constructed in accordance with the approved details or materials and thereafter the path shall be permanently retained in accordance with the approved details and materials.

Reason:  To ensure that the dwelling can adequately deal with the removal of waste recycling materials in accordance with policy OVS5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

8.         No development or other operations shall commence on site until a detailed scheme of landscaping for the site is submitted to and approved in writing by the Local Planning Authority. The details shall include schedules of plants noting species, plant sizes and proposed numbers/densities, an implementation programme and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.  The scheme shall ensure;

(a)       Completion of the approved landscape scheme within the first planting season following completion of development.

(b)       Any trees shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

9.         No development (including site clearance and any other preparatory works) shall commence on site until a scheme for the protection of trees to be retained is submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and shall specify the type of protective fencing.  All such fencing shall be erected prior to any development works taking place and at least 2 working days’ notice shall be given to the Local Planning Authority that it has been erected. It shall be maintained and retained for the full duration of works or until such time as agreed in writing with the Local Planning Authority. No activities or storage of materials whatsoever shall take place within the protected areas without the prior written agreement of the Local Planning Authority.

Note: The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of  the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

10.      No development or other operations shall commence on site until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority and shall include details of the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area.

Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

11.      No development shall take place until details, to include a plan, indicating the positions, design, materials and type of boundary treatment to be erected has been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed in accordance with the approved scheme before the dwelling hereby permitted is occupied. The approved boundary treatments shall thereafter be retained.

Reason: The boundary treatment is an essential element in the detailed design of this development and the application is not accompanied by sufficient details to enable the Local Planning Authority to give proper consideration to these matters. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Supplementary Planning Document Quality Design (June 2006).

12.      No demolition or construction works shall take place outside the following hours:

7:30am to 6:00pm Mondays to Fridays;

8:30am to 1:00pm Saturdays;

nor at any time on Sundays or Bank Holidays.

Reason: To safeguard the amenities of adjoining land uses and occupiers.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS14 of the West Berkshire Core Strategy (2006-2026)

13.      Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no extensions, alterations, buildings or other development which would otherwise be permitted by Schedule 2, Part 1, Classes A, B, C and E of that Order shall be carried out, without planning permission being granted by the Local Planning Authority on an application made for that purpose.

Reason:   To prevent the overdevelopment of the site, and the addition of first floor windows and other extensions or outbuildings which would visually detract from the ancillary nature of the dwelling and in the interests of respecting the character and appearance of the Thatcham Conservation Area and the setting of the nearby listed buildings known as St Mary’s Cottage, Old Granary and The Grange and to protect the residential amenities of adjoining properties.   This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

Supporting documents: