PLANNING COMMITTEE Date and Time: 11 February 2015 at 7pm Place: Council Chamber, Civic Offices COUNCILLORS Cockarill (Chairman) Ambler (substitute for Radley JE), Bennison (substitute for Oliver), Billings, Clarke, Gorys, Morris, Southern, Wheale, Woods Officers: Nick Steevens Emma Whittaker Gill Chapman 58 Head of Regulatory Services Development Management Team Leader Committee Services MINUTES OF PREVIOUS MEETING The Minutes of the meeting held on the 14 January 2015 were confirmed and signed as a correct record. 59 APOLOGIES FOR ABSENCE Apologies for absence had been received from Councillors Radley JE and Oliver. Councillors Bennison and Ambler had been notified as substitutes respectively. 60 CHAIRMAN’S ANNOUNCEMENTS None. 61 DECLARATIONS OF INTEREST None. 62 DEVELOPMENT APPLICATIONS The application set out in the accompanying schedule was considered and decisions made as shown. The Addendum was circulated and the updated information accepted. The meeting closed at 7.12 pm PL.122 HART DISTRICT COUNCIL DEVELOPMENT APPLICATIONS Decisions / Recommendations – 11 February 2015 Item No: 101 - 14/02157/FUL – Little Rye Farm House, Rye Common, Odiham, Hook, RG29 1HU. Demolition of existing buildings and erection of 4 bedroom dwelling. This application had been deferred from the Planning Committee Meeting of the 10 December 2014 to seek amended plans in relation to the siting of the garage that was proposed at the front of the plot. A revised site plan had been amended removing the garage from the proposal. Three parking spaces will be retained in the bay where the garage was previously proposed, with additional space also available in front of the dwelling for parking. The application does not accord with the Local Plan or approved policy of the Council. It represents a DEPARTURE to the Local Plan because the site is located in the open countryside outside of any defined settlement boundary. There are no policies in the Local Plan that support this proposal and consequently it is contrary to Saved Policy RUR2. The reasons why Planning Committee considers that the departure from the Local Plan is acceptable are: The Planning Committee concluded that the site is accessible to a good range of services and facilities. Whilst a bus stop is located within walking distance of the site the bus service appears to have been withdrawn since the Planning Committee; it is considered this does not materially alter the accessibility of the site. The Planning Committee considered that the proposal would tidy up the site by removing a derelict barn. Members did not consider that the site was ‘isolated’ as it was located within a small cluster of dwellings albeit not within a defined settlement boundary. The proposal had the added benefit of adding to Hart’s housing land supply position. The Planning Committee’s conclusion was that this development represents sustainable development as required in the NPPF. The Planning Committee concluded that although a DEPARTURE to the Local Plan and approved policy, there was no overall harm to the open countryside and that the proposal complies with the requirements of the National Planning Policy Statement. Members were content with the amended plans. They were concerned that permitted development could allow future development of a garage, particularly from outbuildings. After discussion it was agreed to that permitted development rights should be removed, in order to ensure the need for permission if the applicants wished to build a garage in future. PL.123 RESOLVED – A. The application be referred to Full Council with a recommendation that the Head of Regulatory Services be authorised to GRANT permission subject to the prior completion of an appropriate legal agreement to secure appropriate SPA mitigation AND subject to the following conditions: 1 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). 2 No development shall take place until details and samples of all external surfaces, including bond and type/colour of mortar of the brickwork, have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with approved details. Reason: To ensure that the external appearance of the building(s) is/are satisfactory and to satisfy saved policy GEN1 of the Hart District Local Plan. 3 No development shall take place until full details of both hard and soft landscape have been submitted to and approved in writing by the Local Planning Authority. Hard details shall include, as appropriate, proposed finished levels and/or contours, means of enclosure of unbuilt open areas, car parking layouts, other vehicle and pedestrian access and circulation areas, hard surfacing materials and artefacts and structures (e.g. furniture, refuse or other storage units, signage, lighting, external services, manholes, etc.). Soft landscape details shall include planting plans, written specifications (including cultivation and other operations associated with plant establishment), schedules of plants, noting species, planting sizes and proposed densities where appropriate. Details shall further include a proposed timetable for planting and laying out of hard surfaces and roads. Reason: To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 4 Hard and soft landscaping works shall be fully carried out in accordance with the approved details, including the approved timetable, and to a reasonable standard in accordance with the relevant provisions of appropriate British Standards or other recognised codes of good practice. The Council shall be notified in writing of the completion of the scheme or any agreed phase of such scheme. Any trees or plants which, within a period of five years after approved completion, are removed, die or become, in the opinion of the local planning authority, seriously damaged or defective, shall be replaced as soon as is reasonably practicable with others of similar species, size and number as originally approved, unless the Council gives its written consent to any variation. PL.124 Reason: To ensure the provision of amenity afforded by appropriate landscaping and to satisfy saved policy GEN1 of the Hart District Local Plan. 5 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. ii. iii. iv. v. vi. vii. 6 the parking of vehicles of site operatives and visitors loading and unloading of plant and materials storage of plant and materials used in constructing the development the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate wheel washing facilities measures to control the emission of dust and dirt during construction a scheme for recycling/disposing of waste resulting from demolition and construction works Before the first occupation of the building hereby permitted the first floor en-suite window in the flank elevation shall be fitted with obscure glazing and shall be permanently retained in that condition thereafter. Reason: in the interests of residential amenities 7. The development hereby approved shall at all times be completed in accordance with the recommendations contained in the Green Earth Ecological Appraisal dated August 2014. Reason: in the interests of ecology in accordance with the objectives of Policy CON5 of the Hart District Local Plan (as saved). 8. The development hereby approved shall be completed at all times in accordance with the recommendations contained in the Tree Survey by Arboricultural and Environmental Consultancy submitted with the application. Reason: to ensure the protection of significant trees in accordance with the objectives of Policy CON8 of the Hart District Local Plan (as saved). 9. Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (as amended) (or any Order revoking or re-enacting this Order with or without modification) no building, enclosure, swimming pool or other pool, as permitted by Class E of Part 1 of the Second Schedule of the Order, shall be constructed. Reason: To ensure the external character and appearance of the building is retained and to satisfy saved policy GEN1 of the Hart District Local Plan. PL.125 B. In the event that the requirements as set out in Recommendation A above are not progressed to the satisfaction of the Head of Regulatory Services within 2 months of the date of Full Council, the application be refused for the following reason. The site is located within 5km of the Site of Special Scientific Interest (SSSI) which forms part of the Thames Basin Heaths Special Protection Area (SPA). In the absence of any evidence that the test of no alternatives under Regulation 62 of The Conservation of Habitats and Species Regulations 2010 can be satisfied, or evidence that there are grounds of overriding public interest, the proposed development, either alone or in combination with other plans or projects, would be likely to have a significant adverse effect on the SPA. As such the proposal is contrary to saved policies CON1 and CON2 in the Hart District Local Plan, and policy NRM6 in the South East Plan. INFORMATIVES 1 The Council works positively and proactively on development proposals to deliver sustainable development in accordance with the NPPF. In this instance: The applicant was advised of the necessary information needed to process the application. The applicant was advised of the issues relating to the siting of the garage and has amended the plans to remove this. 2 Should any land contaminants or unexpected ground conditions be identified during the development then please contact the Council's Environmental Health Team. 3 You may require Building Regulations Consent and we advise that you should contact Building Control on 01252 774422. NOTE : Graham Johnson of Little Rye Farm House, Rye Common, Odiham, spoke for the application PL.126