Agenda item

To consider the report of the Head of Planning Services.

(Report circulated)

Councillor Mrs Henson declared a personal interest as she knows the applicant.

The Major Projects Officer presented the application for planning permission for redevelopment to provide 5 detached dwellings.

A previous application on this site for 10 dwellings had been refused for reasons of its impact on the trees on the site and effect on the landscape setting. The site was on the boundary with East Devon.

This proposal sought to address the previous reasons for refusal and only 3 trees which were in poor health were proposed to be removed. This was an outline application for the layout and landscaping only. Matters of scale, appearance and access were reserved. Indicative plans to demonstrate that access was feasible were provided.

The recommendation was for approval subject to conditions as per the circulated report.

Mr R Upton (agent) spoke in support of the application. He raised the following points:-

• a previous application had been refused because of its impact on the trees and the landscaping setting; this scheme had been amended to address those reasons for refusal
• all requests for changes by the landscape officer and planning officers had been adhered to
• the three trees to be removed were of poor quality
• 450 metres of Devon bank would be planted around the site and 100 metres would be planted at the front of the site
• seven trees would be planted at the front of the site and one tree would be planted in each plot
• the application had received eight letters of support
• the site was within the settlement limits of the city
• the Northern Area Working Party supported the application
• asked the Committee to support the officer’s recommendation.

In answer to Members’ questions, the Major Projects Officer confirmed that there would be an element of cutting in on the site to lower some of the proposed dwellings and that a condition could be added regarding the materials to be used on the driveways.

RESOLVED that planning permission for a redevelopment to provide five detached dwellings, parking and access to highway (scale, appearance and access reserved for future consideration) be approved subject to the following conditions:

1)         Approval of the details of the access, scale, and appearance of the buildings, (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason:  To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

2)         C07  -  Time Limit - Outline

3)         The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 30 January 2008 (dwg. nos. 27178.P1.L and P2.G), as modified by other conditions of this consent.

Reason:  In order to ensure compliance with the approved drawings.

4)         C17  -  Submission of Materials

5)         C37  -  Replacement Planting

6)         C39  -  Boundary Treatment

7)         As appropriate, the proposed estate roads, footpaths, cycle routes, junctions, verges, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, road maintenance/vehicle overhang margins, visibility splays, accesses, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins, For this purpose, plans and sections indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

Reason: To ensure that adequate information is available for the proper consideration of the detailed proposals.

8)         No development shall take place on site until a full survey of the site has taken place to determine the extent of contamination of the land and the results together with any remedial works necessary, have been agreed in writing by the Local Planning Authority.  The building(s) shall not be occupied until the approved remedial works have been implemented and a remediation statement submitted to the Local Planning Authority detailing what contamination has been found and how it has been dealt with together with confirmation that the site is in such a condition as to be suitable for the proposed use.

Reason:  In the interests of the amenity of the occupants of the building(s) hereby approved.

9)         No development shall take place until a wildlife plan has been submitted to and approved by the Local Planning Authority. The wildlife plan shall indicate:

a) how the existing wildlife will be protected, in accordance with all relevant legislation, and

b) how the site will be enhanced to achieve a significant increase in wildlife value - in terms of both the range of species and the amount of wildlife.

Reason: In the interests of nature conservation.

10)       Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order, 1995 (and any Order revoking and re-enacting that Order with or without modification), no development of the types described in the following Classes of Schedule 2 shall be undertaken without the express consent in writing of the Local Planning Authority other than those expressly authorised by this permission:

            Part 1, Class A (extensions and alterations)

            Part 1, Classes B and C (roof addition or alteration)

            Part 1, Class E (swimming pools and buildings incidental to the

 enjoyment of the dwelling house)

            Part 1, Class F (hardsurfaces)

Reason:  In order to protect residential and visual amenity and to prevent overdevelopment.

11)       Construction work shall not take place outside the following times: 8am to 6pm (Mondays to Fridays); 8am to 1pm (Saturdays); nor at any time on Sundays, Bank or Public Holidays.

Reason: In the interests of residential amenity.

12)       Details of refuse storage facilities shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual and residential amenity.

13)       The occupation of any dwelling shall not take place until the off-street car parking and any other vehicular access resources required for the dwellings by this consent have been completed and are available for use.

Reason:  To ensure that adequate access and parking facilities are available for the traffic attracted to the site.

14)       No part of the development hereby approved shall be commenced until adequate areas shall be made available within the site to accommodate offices, vehicles, construction plant and materials during the construction period in accordance with details that shall previously have been submitted to, agreed and approved in writing by the Local Planning Authority.

Reason: In the interest of public safety and to avoid obstruction of and damage to the highway.

15)       Development shall not begin until a full survey of the site has taken place to determine the extent that the residential dwellings could be affected by noise from vehicular traffic, and the results, together with a scheme for protecting the proposed dwellings from noise from vehicular traffic, have been submitted to and agreed in writing by the Local Planning Authority.  All works which form part of the scheme shall be completed before the permitted dwellings are occupied.

Reason: In the interests of residential amenity.

16)       No development shall take place until details of the routes of underground services to the development have been submitted to and approved in writing by the Local Planning Authority.

Reason:  In the interests of protecting the trees within the site.

17)       All hard surfaces (including roads, driveways footpaths and car parking) shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins.

Reason: In the interests of sustainable drainage.

(Report circulated)