Agenda item

The Committee considered the planning application report and noted additional    information on the applications included in the late letters’ list.

 

(i)           Planning application NW/21/00378/FUL – 48 Ecton Lane, Sywell

 

The Committee considered an application for the demolition of the existing dwelling with the erection of a detached two storey dwelling with parking provisions, landscaping and associated works at 48 Ecton Lane, Sywell for Mr and Mrs Felgate.

 

The report detailed the proposal, description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

 

The Senior Development Management Officer presented the report giving full and comprehensive details.

 

It was recommended that planning permission be granted subject to the conditions set out in the report.

 

Requests to address the meeting had been received from a representative speaking on behalf of an objector; and the architect. The committee was given the opportunity to ask questions for clarification.

 

The representative on behalf of an objector was speaking on behalf of the neighbour at 46 Ecton Lane. The speaker considered the proposal did not meet with planning policy; design was not in keeping with the area; had concerns with regard to the ridge height; overlooking; over shadowing in relation to cladding and design; believed the sun diagrams to be inadequate and the application lacked key information. He remarked that the proposal would sit better on the site if it was moved forward.

 

The architect then addressed the committee and reported that the proposal was a sustainable home with more thermal efficiency. He added that the proposal was narrower that the existing house and considered there to be no impact or overlooking. The agent commented that there was no one style that defines the area and considered the proposal to be a good design, well considered and an improvement.

 

A member asked the architect if the proposal could be moved forward but this would encroach on the trees on the site.

 

The Chair then invited the committee to determine the application.

 

Members made comment that there are many different designs of houses in Ecton Lane and could not see any justification for not approving the application.

 

Another member asked if the height of the proposal was in keeping with policy. The case officer responded there are different storey heights of properties along that street and that this met with all our guidelines.

 

A member then reported that she had searched the site via Google Earth and had noticed that it looked like extensive building works were taking place to the rear of 46 Ecton Lane, the neighbouring property of this proposal and the objector.  The case officer was not aware of this building work in the back garden of the neighbour property.

 

In light of what was seen on Google Earth, the member asked if this application could be deferred for a site visit. The Chair clarified that this was not possible as the new procedures for site viewing for North Northamptonshire Council were still under review.

 

Members supported the scheme and considered it would improve the site.

 

It was proposed by Councillor Harrington and seconded by Councillor Waters that planning permission be granted.

 

            On being put to the vote, the motion for approval was carried by 6 votes with one abstention.

 

RESOLVED that planning permission be granted subject to the following conditions:

 

1.         The development shall be begun not later than the expiration of three years beginning with the date of this permission.   

 

Reason:  To prevent the accumulation of planning permissions; to enable the local planning authority to review the suitability of the development in the light of altered circumstances; and to conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.        The development hereby approved shall be carried out in accordance with the following drawings/details:

Drawing No. 18031 (D) 099 Rev A - Site Location Plan (registered 28 April 2021)

Drawing No. 18031 (D) 101 - Existing Dwelling Floor Plans (registered 28 April 2021)

Drawing No. 18031 (D) 102 - Existing Dwelling Elevations (registered 28 April 2021)

Drawing No. 18031 (D) 103 - Proposed Site Layout (registered 28 April 2021)

Drawing No. 18031 (D) 104 Rev B - Proposed Ground Floor Plan (registered 28 April 2021)

Drawing No. 18031 (D) 105 Rev C - Proposed First Floor Plan (registered 28 April 2021)

Drawing No. 18031 (D) 106 Rev C - Proposed Front Elevation (registered 28 April 2021)

Drawing No. 18031 (D) 107 Rev C - Proposed Rear Elevation (registered 28 April 2021)           

Drawing No. 18031 (D) 108 Rev B - Proposed Side Elevation (registered 28 April 2021)

Drawing No. 18031 (D) 109 Rev B - Proposed Side Elevation (registered 28 April 2021)

Design and Access Statement by DCa Architects Dated April 2021 (registered 28 April)

Arboricultural Impact Assessment by Wilby Tree Surgeons Ltd & BHA Trees Ltd (ref. 4173A) Dated 14 October 2020 (registered 28 April 2021)

Arboricultural Method Statement by Wilby Tree Surgeons Ltd & BHA Trees Ltd (ref. 4173B) Dated 14 October 2020 (registered 28 April 2021)

Tree Schedule by BHA Trees Ltd Dated 28 July 2020 (registered 28 April 2021)

Tree Protection Plan by BHA Trees Ltd Dated 12 October 2020 (registered 28 April 2021) 

                        Bat Survey by Philip Irving Dated July 2020 (registered 5 August 2021)

 

Reason:  To define the permission and to conform with the requirements of The Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009.

 

3.        No development above slab level shall take place until samples of the external materials to be used in the construction of the development have been submitted to and approved in writing by the local planning authority.  The development shall thereafter be carried out in accordance with the approved details or such other materials that have been submitted and approved.   

 

Reason:  To ensure that the development does not detract from the appearance of the locality in accordance with policy 8 (d) (i) of the North Northamptonshire Joint Core Strategy.

 

4.        Details of the proposed finished floor levels of the new dwelling and the finished ground levels in relation to existing surrounding ground levels shall be submitted to and approved by the local planning authority prior to any construction works commencing on site. Development shall be undertaken in accordance with the approved levels.                               

 

Reason:  To ensure that development is carried out at suitable levels and to accord with policy 8 (e) (i) of the North Northamptonshire Joint Core Strategy.    

 

5.        The trees as identified on the approved Tree Protection Plan in condition 2 and the rhododendron hedge on the northern boundary shall be fully protected in accordance with the approved Arboricultural Method Statement and the latest British Standards (currently BS 5837:2012 'Trees in relation to design, demolition and construction -Recommendations') as appropriate by the time construction begins.  All protective measures must be in place prior to the commencement of any building operations (including any structural alterations, construction, rebuilding, demolition and site clearance, removal of any trees or hedgerows, engineering operations, groundworks, vehicle movements or any other operations normally undertaken by a person carrying on a business as a builder).  The Root Protection Area (RPA) within the protective fencing must be kept free of all construction, construction plant, machinery, personnel, digging and scraping, service runs, water-logging, changes in level, building materials and all other operations.  All protective measures shall be maintained in place and in good order until all work is complete and all equipment, machinery and surplus materials have been removed from the site.

 

Reason:  To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with policy 3 (b) and (e) of the North Northamptonshire Joint Core Strategy.

 

6.        Notwithstanding the approved details, prior to the commencement of development, full details of the method of construction and samples of the surfacing materials to be used for the driveway and parking areas shall be submitted to and approved in writing by the local planning authority. These details should accord with the approved Arboricultural Method Statement in condition 2. The development shall thereafter be carried out in accordance with the approved details and maintained thereafter.     

 

Reason:  To ensure that the development does not detract from the appearance of the locality in accordance with policies 3 and 8 (d) (i) of the North Northamptonshire Joint Core Strategy.

 

7.        To prevent loose material being carried onto the public highway the driveway must be paved with a hard bound surface for a minimum of 5 metres in rear of the highway boundary prior to the first occupation of the approved dwelling.        

 

Reason:  In the interests of highway safety in accordance with policy 8 (b) (i) and (ii) of the North Northamptonshire Joint Core Strategy.

 

8.         Prior to the first occupation of the approved dwelling a positive means of drainage must be installed to the driveway to ensure that surface water from the driveway does not discharge onto the highway.         

 

Reason:  In the interest of highway safety in accordance with policy 8 (b) of the North Northamptonshire Joint Core Strategy.

 

9.        The new dwelling hereby approved shall not be occupied until the associated car/vehicle parking areas and driveway as approved has been constructed and is made available for use. It shall then be retained for use thereafter. 

 

Reason:  To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway in accordance with policy 8 (b) (ii) of the North Northamptonshire Joint Core Strategy.

 

10.       The dwellings hereby approved shall incorporate measures to limit water use to no more than 110 litres per person per day within the home and external water use of no more than 5 litres per day in accordance with the optional standard 36 (2b) of Approved Document G of the Building Regulations (2015).          

 

Reason:  To ensure that the development complies with policy 9 of the North Northamptonshire Joint Core Strategy.

 

11.       The dwelling hereby approved shall be built to meet the requirements of the national Accessibility Standards in category 2 (accessible and adaptable dwelling) in accordance with the schedule of the Approved Document M of the Building Regulations (2015).           

 

Reason:  To ensure that the development complies with the national accessibility standards and policy 30 (c) of the North Northamptonshire Joint Core Strategy.

 

12.       No works relating to the demolition of the existing dwelling at 48 Ecton Lane (as identified on drawing numbers 18031 (D) 101 and 18031 (D) 102) may commence under any circumstances unless the local planning authority has been provided with either:

a)  A licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 authorising the specified activity/development to go ahead; or

b)  Written confirmation from Natural England that the application site has been registered with the Bat Low Impact Class Licence scheme; or

c)  A statement in writing from a suitably qualified ecologist to the effect that they do not consider that the specified activity/development will require a licence.        

 

Reason:  The existing dwelling has been identified as a confirmed roost for bats which are a protected species under the Conservation of Habitats and Species Regulations 2017 and to comply with policy 4 of the North Northamptonshire Joint Core Strategy.

 

13.       In the event that any unexpected contamination is found at any time when carrying out the development hereby approved, it must be reported immediately to the local planning authority.  Development works at the site shall cease and an investigation and risk assessment undertaken to assess the nature and extent of the unexpected contamination.  A written report of the findings shall be submitted to and approved by the local planning authority, together with a scheme to remediate, if required, prior to further development on site taking place.  Only once written approval from the local planning authority has been given shall development works recommence. 

 

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised in accordance with policy 6 of the North Northamptonshire Joint Core Strategy.

 

14.       No development above slab level shall take place until a scheme for the installation of electric vehicle charging points has been submitted to and approved in writing by the local planning authority.  The scheme shall include full details of the location and manufacturers details of the type of charging points to be installed.

The approved scheme shall be implemented prior to the first occupation of the dwelling.            

 

Reason:  To ensure that the proposals meet the requirements of policy 15 (c) of the North Northamptonshire Joint Core Strategy and the National Planning Policy Framework.  

 

(ii)         Planning application NW/21/00486/FUL – 9 High Street, Earls Barton

 

The Committee considered an application for a conversion of a brick barn to dwelling including extension and detached garage – re-submission at 9 High Street, Earls Barton for Mr Ian Blakeley.

The report detailed the proposal, description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

 

The Senior Development Management Officer presented the report giving full and comprehensive details. She also referred members to an amendment to condition 2 referred to in the late letters’ list.

 

It was recommended that planning permission be granted subject to the conditions set out in the report.

 

A request to address the meeting had been received from the applicant and the committee was given the opportunity to ask questions for clarification.

 

The applicant reported that the proposal was for a modest one and a half storey extension to the rear of the barn which he believed would be more sympathetic to the design of the building. A previous planning permission had already been granted for the barn conversion. He confirmed that works were well under way and he wanted to make it more original.

                           

The Chair then invited the committee to determine the application.

 

A member commented that he could not see any possible harm caused by this proposal and that the site needed renovation and it made perfect logical sense. Other members also supported the application.

 

It was proposed by Councillor Binley seconded by Councillor L Lawman that planning permission be granted.

 

            On being put to the vote, the motion for approval was carried by 7 votes.

 

RESOLVED that planning permission be granted subject to the following conditions:

 

1.         The development shall be begun not later than the expiration of three years beginning with the date of this permission.   

 

Reason:  To prevent the accumulation of planning permissions; to enable the local planning authority to review the suitability of the development in the light of altered circumstances; and to conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.

 

 

 

 

2.         This consent is based on drawings;

Site Location and Proposed Site Plan 19-144-20 Revision A - Received 20 July 2021            

Proposed Plans and Elevations 19-144-22 Revision A - Received 20 July 2021

Proposed Garage Plans and Elevations 19-144-23 Revision A - Received 20 July 2021           

 

Reason:  To define the permission and to conform with the requirements of The Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009.

 

3.         No development above slab level shall take place until samples of the external materials to be used in the construction of the development have been submitted and approved in writing by the local planning authority.  The development shall thereafter be carried out in accordance with the approved details.     

 

Reason:  To ensure that the development does not detract from the appearance of the locality in accordance with policy 8 (d) (i) of the North Northamptonshire Joint Core Strategy.

 

4.        The dwellings hereby approved shall incorporate measures to limit water use to no more than 105 litres per person per day within the home and external water use of no more than 5 litres per day in accordance with the optional standard 36 (2b) of Approved Document G of the Building Regulations (2015).          

 

Reason:  To ensure that the development complies with policy 9 of the North Northamptonshire Joint Core Strategy.

 

5.        The dwellings hereby approved shall be built to meet the requirements of the national Accessibility Standards in category 2 (accessible and adaptable dwellings) in accordance with the schedule of the Approved Document M of the Building Regulations (2015).           

 

Reason:  To ensure that the development complies with the national accessibility standards and policy 30 (c) of the North Northamptonshire Joint Core Strategy.

 

6.        Prior to the first occupation of the development hereby permitted details of the proposed bicycle parking shall be submitted to and approved in writing by the local planning authority and the scheme approved shall be provided and be retained thereafter.

 

Reason:  To ensure the provision and availability of adequate cycle parking in accordance with policy 8 (b) (ii) of the North Northamptonshire Joint Core Strategy.

 

 

 

 

7.        No dwelling hereby permitted shall be occupied until the car/vehicle parking area shown on the approved plans has been constructed, surfaced and permanently marked out.  The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter.       

 

Reason:  To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway in accordance with policy 8 (b) (ii) of the North Northamptonshire Joint Core Strategy.

 

8.        Prior to the occupation of the development hereby approved, a minimum pedestrian to vehicle visibility of 2.0 metre x 2.0 metres above a height of 0.6 metres must be provided and maintained in perpetuity on both sides of the vehicular access. 

 

Reason:  In the interests of highway safety in accordance with policy 8 (b) (ii) of the North Northamptonshire Joint Core Strategy.

 

9.        Notwithstanding the details on the approved plans the dwellings hereby approved shall not be occupied until the vehicular areas that are within 5 metres from the boundary of the site where it meets the public highway have been constructed and surfaced in accordance with details to be approved in writing by the local planning authority.  Arrangements shall be made for surface water drainage from the site to be intercepted and disposed of separately so that it does not discharge into the highway.

           

Reason:  In the interests of highway safety in accordance with policy 8 (b) (ii) of the North Northamptonshire Joint Core Strategy.

 

10.       Notwithstanding the provisions of Part 3 Class L of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), the development hereby permitted shall be a residential dwelling within Class C3 of the Town and Country Planning (Use Classes) Order 1987 (or any Order revoking and re-enacting that Order with or without modification) only.    

 

Reason:  The site is not capable of providing the necessary parking or access requirements for a small-scale house in multiple occupation, in accordance with policy 8 (e) (i) and (ii) of the North Northamptonshire Joint Core Strategy.

 

11.       Notwithstanding the provisions of Part 1 Classes A, B ,C and D of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no additional extensions or external modifications of the permitted Barn conversion or above other than those expressly authorised by any future planning permission. 

 

Reason: In order protect the amenity of the adjacent occupiers and impact upon the wider Conservation Area, in accordance with policies 2 (b) and 8 (e) (i) of the North Northamptonshire Joint Core Strategy

 

12.       No development shall take place until an assessment of ground conditions to determine the likelihood of any ground, groundwater or gas contamination of the site has been carried out in accordance with the Environment Agency's 'Model Procedures for the Management of Land Contamination'.  The results of this survey detailing the nature and extent of any contamination, together with a strategy for any remedial action deemed necessary to bring the site to a condition suitable for its intended use, shall be submitted to and approved by the local planning authority before construction works commence.  

Any remedial works shall be carried out in accordance with the approved strategy and validated by submission of an appropriate verification report prior to first occupation of the development.    

Should any unforeseen contamination be encountered the local planning authority shall be informed immediately.  Any additional site investigation and remedial work that is required as a result of unforeseen contamination will also be carried out to the written satisfaction of the local planning authority.        

 

Reason:  To ensure that the site is fit for its proposed purposed and any potential risks to human health, property, and the natural and historical environment, are appropriately investigated and minimised in accordance with policy 6 of the North Northamptonshire Joint Core Strategy.

 

13.       Notwithstanding the details shown on the approved details, no development shall take place above slab level until details of the proposed boundary treatments have been submitted to and approved in writing by the local planning authority. The details shall include a boundary treatment plan (at a minimum scale of 1:500) detailing the position of all retained and all proposed boundary treatments and annotated or accompanied by a schedule specifying the type, height, composition, appearance and installation method of boundary treatment throughout the site. The approved new boundary treatments shall be erected before the first occupation of the associated dwelling. Development shall be carried out in accordance with the approved details and thereafter retained in that form.          

 

Reason: To provide adequate privacy, to protect the external character and appearance of the area and to minimise the effect of development on the area in accordance with policy 8 (e) (i) of the North Northamptonshire Joint Core Strategy.

 

14.       Prior to the installation of any new rainwater goods, full details of proposed rainwater goods shall be submitted to, and approved in writing by the local planning authority.  The works shall thereafter be carried out in accordance with the approved particulars.           

 

Reason:  To preserve the character and appearance of the conservation area in accordance with policy 2 (b) of the North Northamptonshire Joint Core Strategy.

 

15.       Prior to the installation of any new windows, full details of the proposed windows shall be submitted to and approved in writing by the local planning authority. Details shall include window elevation drawings, horizontal and vertical cross sections at a scale of at least 1:5 and details of specific mouldings at a scale of at least 1:2. Details shall confirm the finish of the windows, depth of reveal (to facing brickwork) and include their opening method and sill. The works shall thereafter be carried out in accordance with the approved particulars.   

 

Reason: To preserve the character and special interest of the Earls Barton Conservation Area in accordance with policy 2 (b) of the North Northamptonshire Joint Core Strategy.

           

(iii)        Planning application NW/21/00592/FUL – Dungee Corner, Harrold Road, Bozeat

 

The Committee considered an application for the construction of a new 4 bedroomed dwelling with a detached double garage, a detached potting shed, greenhouse, new vehicular access, boundary treatments and gates and associated hard and soft external work under paragraph 80 of the NPPF at Dungee Corner, Harrold Road, Bozeat for Ms Ruth Taylor.

The report detailed the proposal, description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

 

The Senior Development Management Officer presented the report giving full and comprehensive details.

 

It was recommended that planning permission be refused for the reasons set out in the report.

 

A request to address the meeting had been received from the Director of Green Planning Studio Limited and the committee was given the opportunity to ask questions for clarification.

 

The speaker addressed the committee and believed the proposal did meet with Paragraph 80 (e) of the National Planning Policy Framework (NPPF) and the Joint Core Strategy (JCS) policy 13. She referred to the late letters’ list and referenced the comments made by the design review panel of Design Midlands stating that the proposal was of exceptional quality, with a strong scheme that met the criteria and that the proposal sat comfortably in its context.

 

A member commented that this proposal could set a precedent, but the speaker responded that all houses would have to meet Paragraph 80 (e) so this would never set a precedent.

 

The Chair then invited the committee to determine the application.

Several members made comments. One member had concerns with regards to going into the open countryside and another member referred to the high bar that is set for a Paragraph 80 (e) dwelling and considered this proposal does not meet it.

 

A member asked if rather than totally refusing the planning application, could the applicant work with officers to raise the bar and make it more exciting and outstanding. This was not possible as the planning application had to be taken on its own merits.

 

A member commented on the tremendous amount of work carried out by the applicant over many years and thanked them for this. He sought clarification from officers as to what is outstanding for a paragraph 80 (e) dwelling. The Senior Development Manager Officer clarified the terms of paragraph 80 (e) in that it should be exemplary and fit in with the character and appearance of the area. She stated that the bar is high and did not feel this had been achieved as it should be something that is truly outstanding. 

 

The member responded that he was not convinced this proposal was not outstanding and would vote against the officer recommendation.

 

Another member responded that it was difficult to assess what is an exceptional standard when individuals have different personal perceptions.

 

A member referred to the conclusion in the report regarding paragraph 80 (e) which he considered made a good case that doubts this proposal to be outstanding.

 

It was proposed by Councillor Waters and seconded by Councillor Harrington that planning permission be refused.

 

On being put to the vote, the motion for refusal was carried by 4 votes, with one against and two abstentions.

 

RESOLVED that planning permission be refused for the following reasons:

           

1.         The proposed development would be development in the countryside outside of a defined settlement boundary.  The development does not meet the requirement for individual dwellings in the open countryside to be of exceptional quality.  The development would be contrary to policies 8 (d) (i) and (ii), 11 (2) (a) and (b) and 13 (2) (a) of the North Northamptonshire Joint Core Strategy and policy SS1 of the Plan for the Borough of Wellingborough.

 

2.         The proposal would not significantly enhance its immediate setting.  The development would introduce a large building into the open setting, with a prominent incongruous feature two-storey section and a large urban style gate within a rural hedgerow.  The development would be contrary to policies 3 (a) and 8 (d) (i) and (ii) of the North Northamptonshire Joint Core Strategy and paragraph 80 (e) of the National Planning Policy Framework.

 

 

3.         The proposal is not sensitive to the defining characteristics of the local area. The dwelling is located within a sensitive location, adjacent to an SSSI, where clear rural views are possible over the Dungee Meadow SSSI.  These views are currently not interrupted by buildings.  The side (western) elevation visible from Harrold Road would be angular and a mix of materials and features not common to the area, including the timber shutters. The southern elevation facing the road would highlight the urban style of the gate and the angular two-storey section.  The scale of the dwelling on the plot is large, contrary to the local character.  The development would be contrary to paragraph 80 (e) of the National Planning Policy Framework.

 

4.         The proposal fails to provide details relating to the technologies stated as being incorporated to facilitate heating and cooling. The lack of information means an accurate assessment of the innovation of the proposal and also design implications of these elements cannot be fully considered. The development would as such be contrary to policies 8 (d) (i) and (ii), 9, 11 (2) (a) and (b) and 13 (2) (a) of the North Northamptonshire Joint Core Strategy and policy SS1 of the Plan for the Borough of Wellingborough.

 

5.         The applicant has failed to provide a bat survey to satisfactorily demonstrate the proposals will not adversely impact protected species. The Preliminary Ecology Appraisal identified the trees on site has having potential bat roosting potential and none of the trees proposed to be removed have been assessed for bats. Furthermore, the application has not demonstrated a net biodiversity gain in accordance with policy 4 of the North Northamptonshire Joint Core Strategy and advice contained within paragraph 180 National Planning Policy Framework. Whilst the proposals do put forward additional planting and beneficial features this should be evidenced using the new Department for agriculture 'Small Sites Metric' for biodiversity. Until such evidence is supplied, as well as determining whether bats are present, the local planning authority cannot be certain that a net gain would be satisfied. The proposed development would be contrary policy 4 of the North Northamptonshire Joint Core Strategy and advice contained within chapter 15 of the National Planning Policy Framework which seeks to protect biodiversity and protected species.