Decision details

The Committee considered an application for the variation of Condition 1 (Site Plan) attached to the Planning permission 18/00107/FP to amend access and parking layout.

The Development Manager gave an introduction to the Committee. Members were informed that when considering applications of this type, local planning authorities are entitled to consider only the question of the conditions to which planning permission should be granted and must leave the original permission intact. Since the other conditions imposed on the original granted planning permission for this development remain relevant, the only issue for consideration in the determination of this application is how the variation of the condition referred to above would impact on the approved scheme and whether any additional conditions are warranted. The Committee was advised that the main issues for consideration in the determination of this application were the acceptability of the changes to the scheme in respect of the visual amenities of the area, highway safety and car parking provision, as permitted under the original grant of planning permission.

It was confirmed that no objections had been received at the time of drafting the report. The Development Manager informed Members that some of the Sycamore trees that were earmarked for removal were not in good health and that the planting of replacement trees would be acceptable.

The reasons for the amendments were as follows:

·         Accessing the parking provision through the site rather than via Fairlight Close so as to reduce conflict with vulnerable residents who occupied bungalows at the rear

·         Locating the bin store to the side of the property rather than the front

·         Replacement of tandem parking to front with two demarked bays to improve the usefulness of the parking provision to the front

·         Parking bays to the rear of the property to provide level access into the property

·         Southern boundary treatment to be set in from the site boundary to allow a verge along Fairlight Close, opening up access to properties at the rear and improving visibility for using this access

·         Removal of the dilapidated wall and serrated railings between the two properties thereby opening up the site

·         Co-locating the electrical intakes at the rear of the site to allow for easier installation and ongoing maintenance access

The Committee was advised that the proposal would have an acceptable impact on the character and appearance of the area and the Old Town Conservation Area within which the site lies. The proposed scheme would adversely affect the operation or safety of the local highway network and would result in an over-provision of parking.

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

1.         The development hereby permitted shall be carried out in accordance with the following approved plans: 17047wd2.01J, 17047wd2.02B, 17047wd2.03C, 17047wd2.05, 17047su1.01A, 17047su1.02, 17047su1.03, 17047su1.04A.

2.         The materials to be used in the construction of the development hereby permitted shall be as previously agreed under ref 18/00759/COND.

3          Prior to the first occupation of the dwellings hereby permitted the parking spaces and turning facilities identified on drawing 17047wd2.01J shall be constructed, hard-surfaced and made ready for use to serve the occupants of those properties unless otherwise agreed in writing by the Local Planning Authority. The spaces shall be permanently retained in that form thereafter.

4.         No construction work relating to this permission shall be carried out on any Sunday, Public or Bank Holiday nor at any other time except between the hours of 0730 and 1800 on Mondays to Fridays and between the hours of 0900 and 1330 on Saturdays.

5.         Notwithstanding the details shown in this application, prior to the occupation of the dwellings hereby permitted, the treatment of all boundaries including details of any walls, fences, gates or other means of enclosure shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatments shall be completed before the use hereby permitted is commenced or before the buildings are first occupied and thereafter permanently retained.

6.         All areas for parking, delivery and storage areas associated with the construction of the development must be provided on land which is not public highway and the use of such areas must not interfere with the use of the public highway.

7.         The development hereby permitted shall not be occupied until details of the bin and cycle stores as identified on drawing 17047wd2.01J have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and these facilities shall be provided prior to the first occupation of the dwellings.

8.         The first floor window proposed in the north elevation of flat 4 serving the kitchen/dining area (nearest to the lounge) shall be fitted with obscure glazing and shall be fixed so as to be incapable of being opened below a height of 1.7 metres above finished floor level and shall be retained in that form thereafter.

9.         On completion, the dwellings shall meet the following criteria, either:

i.          with windows open for ventilation or

ii.         with windows closed and with mechanical purge and background ventilation, sufficient to comply with the current Building Regulations.

Where mechanical purge ventilation is required to achieve the above standards with windows closed, this shall be designed so as to ensure that the ventilation system itself does not produce unacceptable levels of noise within each dwelling. All schemes for ventilation shall comply with the current edition of Approved Document F to the Building Regulations.

10.       The development hereby permitted shall not be occupied until there has been submitted to and approved by the Local Planning Authority a scheme of soft and hard landscaping and details of the treatment of all hard surfaces. The scheme shall include details of all existing trees and hedgerows on the land and details showing all trees to be removed, or retained, together with details of all new planting to take place including species, size and method of planting.

11.       All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or the completion of the development whichever is the sooner.

12.       All hard surfacing comprised in the approved details of landscaping shall be carried out prior to the first occupation of the building or the completion of the development, whichever is the sooner.

13.       Any trees or plants comprised within the scheme of landscaping, which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

14.       No tree shown retained on the approved plans, or subsequently approved landscaping scheme, shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped within five years of the completion of development without the written approval of the Local Planning Authority.

15.       No removal of trees, scrubs or hedges shall be carried out on site between 1st March and 31st August inclusive in any year, unless searched before by a suitably qualified ornithologist.