Agenda item

Land North of Blackmires Lane, Silverstone

Decision:

Approved, subject to various requirements to be set out in the Minutes.

Minutes:

The Committee considered application WNS/2021/0707/OUT for outline planning permission with all matters reserved except for access for a detached self-build dwelling with a garage and associated works at Land North of Blackmires Lane, Silverstone for P Smith.

 

Dave Collins, agent for the applicant, addressed the Committee in support of the application.

 

In reaching its decision, the Committee considered the officer’s report and presentation, the address of the public speaker, and the written update.

 

Resolved

 

(1)  That authority be delegated to the Assistant Director – Growth, Climate and Regeneration to grant permission for application WNS/2021/0707/OUT subject to:

 

1.  The completion of a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 (as substituted by the Planning and Compensation Act 1991) to secure the occupation of the dwelling to a person with a local connection who will demonstrate ongoing involvement in the design and build of the dwelling (i.e. to ensure the development meets the definition of self-build)

 

2.  The following conditions (and any amendments to those conditions as deemed necessary):

 

CONDITIONS

 

TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS

 

1.       Details of the layout, scale, appearance, and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

         

          Reason : To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 6 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).

 

2.       Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted 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 later.

 

Reason : To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (Development Management Procedure) Order 2015 (as amended).

 

3.       The development shall not be carried out otherwise than in complete accordance with the approved plans and details unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).  The approved plans and details are: Location Plan (ref: 2117.10A) received on the 17/09/2021 and Access Plan (ref: 2117.20 Rev A) received 24/09/2021.

         

          Reason : To clarify the permission and for the avoidance of doubt.

 

          CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BEFORE ANY DEVELOPMENT COMMENCES

 

4.       Prior to the commencement of the development hereby approved, including any demolition and any works of site clearance, a mitigation strategy for great crested newts, which shall include timing of works, exclusion fencing, the location and design of alternative ponds/habitats together with the timing of their provision, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the mitigation works shall be carried out in accordance with the approved details.

         

          Reason : To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

5.       Prior to, and within two months of, the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme.

         

          Reason : To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within the National Planning Policy Framework.

 

6.       A method statement for enhancing of biodiversity shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to the first occupation of the dwelling and retained in accordance with the approved details.

         

          Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within Section 15 of the National Planning Policy Framework.

 

7.       No development shall take place until the applicant (or their agents or successors in title) has submitted to and had approved in writing by the local planning authority a programme of archaeological work consisting of a written scheme of investigation and a timetable for that work.  The development shall thereafter proceed in accordance with the approved written scheme of investigation and timetable.

         

          Reason: To secure the provision of archaeological investigation and the subsequent recording of the remains, to comply with Government advice in the National Planning Policy Framework (NPPF) (Section 16). This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

8.       Before any works to the access here by approved are commenced details of the proposed construction, materials and surfacing of the proposed access shall be submitted to and approved in writing by the Local Planning Authority.  Prior to first occupation of the dwelling hereby approved, the access shall constructed in accordance with the approved details and shall be retained for use in connection with the development for those purposes only.

 

Reason : In the interests of highway safety and to comply with Policy SS2 of the South Northamptonshire Local Plan and Government guidance in Section 12 of the National Planning Policy Framework.

 

          CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE OCCUPATION

 

9.       Within 6 months of the completion of the archaeological work in accordance with the written scheme of investigation approved pursuant to condition 7 above the applicant (or their agents or successors in title) shall submit to the local planning authority for its written approval an archaeological report comprising a post-excavation assessment and analysis, preparation of site archive and completion of an archive report together with details of the store at which this is to be deposited.

         

   Reason: To secure the provision of archaeological investigation and the subsequent recording of the remains, to comply with Government advice in the National Planning Policy Framework (NPPF) (Section 16). 

 

CONDITIONS TO BE COMPLIED WITH AT ALL TIMES

 

10.   The width of the access shall be a minimum of 3 metres for a distance of at least 5.5 metres from the highway boundary and any gate(s) shall be set back 5.5 metres from the edge of the carriageway and hung to open inwards only.

         

          Reason : To accord with Government guidance in Section 12 of the National Planning Policy Framework and Policy SS2 of the South Northamptonshire Local Plan which requires that development shall have a satisfactory means of access.          

 

11.     The gradient of the access hereby permitted shall not exceed 1 in 15 for a minimum of the first five metres from the highway boundary and the access shall be paved with a hard bound surface (no gravel) for a distance of at least 5 metres from the highway boundary and shall be retained as such thereafter.

         

          Reason : To ensure that an adequate and safe access is provided to the site in accordance with Policy SS2 of the South Northamptonshire Local Plan and Government guidance in Section 12 of the National Planning Policy Framework.

 

12.    Notwithstanding the provisions of Classes A-D (inc) of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no enlargement alteration or improvement of the dwellinghouse shall be undertaken at any time without the prior planning permission of the Local Planning Authority.

 

Reason : Taking into account the sensitivity of the site it is considered to be in the public interest to ensure the merits of future proposals can be assessed by the Local Planning Authority so that visual amenity is conserved and to accord with Policy SS2 of the South Northamptonshire Local Plan and Section 12 of the National Planning Policy Framework.

 

13.     Notwithstanding the provisions of Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no building or structure shall be erected or placed within the curtilage of the dwelling hereby permitted without the prior planning permission of the Local Planning Authority.

 

Reason : To enable the Local Planning Authority to retain planning control over the development of this site in order to safeguard the character and appearance of the area in accordance with Policy SS2 of the South Northamptonshire Local Plan.

 

14.     The development hereby permitted shall be carried out in accordance with the mitigation, recommendation and enhancements in section 5 of the Preliminary Ecological Appraisal, by CGO Ecology, dated 5th February 2021 unless otherwise agreed in writing by the Local Planning Authority.

         

          Reason: To protect habitats and/or species of importance to nature conservation from significant harm in accordance with the Government's aim to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.

 

15.     Where an offence under Regulation 41 of the Habitat and Species Regulations 2010 is likely to occur in respect of the development hereby approved, no works of site clearance, demolition or construction shall take place which are likely to impact on newts until a licence to affect such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been submitted to the Local Planning Authority.

         

          Reason : To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within the National Planning Policy Framework.

 

16.     All species used in the planting proposals associated with the development shall be native species of UK provenance.

         

Reason : To conserve and enhance biodiversity and prevent the spread of non-native species in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within Section 15 of the National Planning Policy Framework.

Supporting documents: