Conclusion
The majority of the application site has remained untended for a number of years and now has an overgrown appearance. However, the surveys which have been carried out show that there are no protected wildlife species permanently established on the site and none of the trees are in a condition to warrant preservation. In these circumstances it would not be possible for the Council to stop the owners clearing the site if they so wished. It is a large site, and as the Highway Development Officer has accepted that a new access can be created onto Englishcombe Lane there is no justifiable reason why the principle of residential development cannot be accepted at this stage with the details of design, siting, appearance and landscaping being reserved for approval on the submission of a further planning application. Also, no car parking spaces would be lost from the front of the Church.
The site is considered to be previously developed land, and accordingly there can be no policy-based objection to the principle of its development. In fact PPG3 encourages the more efficient use of such property.
Recommendation
(1) Authorise the Head of Planning Services and the Environmental Law Manager to prepare and to enter into a Section 106 Agreement to secure the provision of an additional bus stop and shelter on Englishcombe Lane
(2) Authorise the Head of Planning Services to PERMIT the development, subject to the completion of the above Agreement and the following conditions:
1 The development hereby approved shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the latest.
Reason: As required by Section 92 of the Town and Country Planning Act 1990 and to avoid the accumulation of unimplemented planning permission.
2 Approval of the details of the siting, design and external appearance of the building(s), and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason: This is an outline permission and these matters have been reserved for the subsequent approval of the Local Planning Authority and as required by Section 92 of the Town and Country Planning Act 1990.
3 Application for approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
Reason: As required by Section 92 of the Town and Country Planning Act 1990 and to avoid the accumulation of unimplemented planning permission.
4 Plans and particulars of the reserved matters referred to in Condition 02 above shall include details of:
(a) the provision to be made for the garaging and parking of vehicles within the site.
(b) the surface treatment of any roadways and other parts of the site which will not be covered by buildings.
(c) all external materials to be used in the development.
(d) existing and proposed ground and floor levels.
(e) the boundary treatment of the site.
Reason: This is an outline permission and these matters require detailed consideration by the Local Planning Authority.
5 No development shall commence until details of a 2.5 metre high stone boundary wall, which (to be erected on the north-west boundary of the site where it adjoins the garage court, petrol filling station and church) have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the wall so approved has been completed in accordance with the approved details.
Reason: In the interest of the residential amenity of the future occupiers of the site.
6 No dwelling shall be occupied until the access onto Englishcombe Lane has been constructed to base course level in accordance with the approved details.
Reason: In the interests of highway safety.
7 The development hereby permitted shall not be occupied until the visibility splays shown on the permitted plans have been provided with no obstruction to visibility above the height of the nearside carriageway level. The visibility splays shall thereafter be maintained free of obstruction at all times.
Reason: In the interests of highway safety.
8 No development or site clearance shall commence until an implementation programme, which shall take account of the potential for the site to harbour wildlife and protected species, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out strictly in accordance with the approved programme.
Reason: To safeguard any wildlife within the site.
9 No part of the development shall exceed two-storeys in height.
Reason: In the interests of the amenities of adjoining residents.
10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) there shall be no external alteration to the roofs of the dwellinghouses unless planning permission is granted by the Local Planning Authority.
Reason: In the interest of the amenities of adjoining residents and the appearance of the development.
11 No development shall commence until proposals are first submitted to and agreed in writing by the Local Planning Authority, to minimise the impact of noise from the adjacent garage (243 Englishcombe Lane) upon the residential units and gardens. The proposals should aim to ensure that the predicted maximum specific level of noise (LAeq (1 minute)) from the car washing or similar equipment does not exceed the measured background level (LA90 (5 minute)) at the same locations (when such equipment is not operating) by more than 5dBA. Measured and predicted levels shall be determined for the gardens and one metre from the facade nearest the noise source of each of the proposed dwellings.
Reason: In the interests of the amenities of the residents of the proposed development.
12 Unless otherwise agreed in writing by the Local Planning Authority, no part of the development shall be occupied unless the entire development is being constructed in accordance with the approved plans.
Reason: In order to ensure that this land is developed on a comprehensive basis.
INFORMATIVE: The applicant is advised that any work carried out within the site must be carried out in accordance with the requirements of the Protection of Badgers Act 1992, Wildlife and Countryside Act 1981 and Conservation Regulations 1994, or any amendments to these Acts.
FOOTNOTE: This permission refers only to drawing no.1459/01A date stamped 6 May 2003 and drawing no.1459/06B date stamped 7 July 2003.
