Agenda item

WND/2021/0391 WEST HADDON - Construction of new cottage dwelling with associated landscaping (resubmission of previously refused scheme under DA/2020/0627) - Land adj 30, West End

The Area Planning Officer outlined the proposal for the construction of a stone built, thatched dwelling in a conservation area. The site was an open area of land, and the conservation area and Tree Preservation Orders protected the trees. The character of the conservation area derived from the open area and added to the form and character of the village. A single dwelling would cause harm to the conservation area on this previously undeveloped site. The Area Planning Officer acknowledged that development could take place in conservation areas but highlighted that the harm of the application had to be considered and whether the proposal would preserve or enhance the conservation area. It was considered that the harm caused by the application would not be outweighed by any public benefits. A similar application had been refused by the Daventry District Council Planning Committee in February 2021. This application had greater implications for the health of the trees, than the previous application, as the excavations would be more significant to drop the building down to street level.

Mr Shun spoke against the application, Mr Robertson spoke on behalf of the Parish Council and Mr Coy, the agent, addressed the Committee.

Councillor Phil Bignell, one of the local ward Members, considered that the design was sympathetic and in keeping with the current street scene. The wall was in a poor state of repair and needed to be fixed. No objections had been raised by the Highway Authority and the Parish Council were also supportive of the application. In bringing the proposed house down to street level Councillor Bignell considered that this would improve the street scene. The views into the open space would still be retained. The site had been overgrown and had not been included in the Neighbourhood Development Plan; if the application was not approved the site would decline. Councillor Bignell considered that the proposal for an attractive thatched cottage would not cause any harm and that the trees would be protected.

The Area Planning Officer advised that all policies needed to be weighed in the balance; although the Neighbourhood Development Plan formed part of the consideration, the conservation area had been adopted more recently and this carried greater weight. The NDP had not allocated the site for housing. This proposal would not preserve or enhance the conservation area. The similar application that was refused on the site had not been tested on appeal. In defining that conservation area, a detailed assessment had been undertaken.

Councillor Wendy Randall considered that in this time of climate emergency, it was saddening to remove trees and hedgerows, and this was a major concern. The trees were substantial in size and therefore their roots would cover a large area. The open space also provided a natural habitat. Councillor Randall proposed that the application be refused, as per Officer’s advice, the proposition failed for lack of a seconder.

Councillor Peter Matten considered that rebuilding the wall would protect the character of the area and that the trees would be protected as part of the scheme. The Area Planning Officer advised that the wall would have to be maintained by the owner to ensure that it was safe. The Landscape Officer and the Conservation Officer had raised concerns about the impact of the development on the trees, as set out on pages 44-45 of the agenda. The house, driveway and garage would all impact on the root protection area of the trees. There did not appear to be a retaining wall proposed as part of the scheme and if the soil was regraded this would impact on the tree roots also. The Area Planning Officer advised that he was not aware that the view from the Landscape Officer had altered as referred to by the Agent.

Councillor Peter Matten suggested that the application be deferred until the information regarding the tree roots issue was resolved. The Council’s Solicitor advised that the Committee should make a decision based on the evidence before it, as the document referred to may not exist and as advised by the Officer no new evidence had been submitted and that the advice of the landscape officer remained as set out in the report.

Councillor Alan Chantler proposed that the application be approved as the suggested impact on the conservation area would not be significant and the benefits of tidying up the site outweighed any harm, and the wall would also be protected. This was seconded by Councillor Daniel Lister who considered that the site did not add greatly to the conservation area and agreed that the wall needed to be repaired.

On being put to the meeting, the proposition to approve the application was put to the meeting and declared carried with 3 voting in favour, 1 against and 1 abstention.

Councillor Alan Chantler proposed that the standard conditions be imposed regarding materials and that the trees be protected during construction. The Area Planning Officer added that conditions had been suggested by consultees also: archaeological conditions, a condition regarding the need to carry out contaminated land investigation and a construction management plan. The Area Planning Officer suggested that as the building would be in a conservation area, permitted development rights also be removed on any buildings within the site and that long straw be specified for the thatched roof, as this was particular for Northamptonshire. Details of joinery, doors and windows to be submitted; that changes in ground level be agreed and that the wall be rebuilt using existing stone. Members agreed to these conditions.

RESOLVED:

That the application be approved, subject to the following conditions:

1. TA3 – 3 Year permission.

2.    All works shall be carried out in strict accordance with the following plans and documents:-

Plan numbers: 4917/MAP, 4917/01, 4917/25D, 4917/22F, 4917/21F and 4917/20F as received by the Local Planning Authority on 22^nd November 2021.

3.    Prior to construction above slab level, full details (to include manufacturer’s specifications and mixes where applicable), including representative samples, of all new and replacement materials and finishes to be used in the construction of the dwelling and detached garage, to include facing bricks and stone to be used on the walls and the roof covering on the dwelling and materials to be used on the driveway shall be submitted to and approved in writing by the Local Planning Authority. All works shall then be carried out strictly in accordance with approved details.

4.    Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no development shall be carried out which falls within Classes A, AA, B, C, D, E, F, G and H of Part 1 of Schedule 2 to the Order without the prior express consent of the Local Planning Authority.

5.    Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no development shall be carried out which falls within Class A (gates fences walls etc) of Part 2 of Schedule 2 to the Order without the prior express consent of the Local Planning Authority.

6.    No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. This written scheme will include the following components, completion of each of which will trigger the phased discharging of the condition:

                                                i.     fieldwork in accordance with the agreed written scheme of investigation;

                                              ii.     post-excavation assessment (to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority);

                                             iii.     completion of post-excavation analysis, preparation of site archive ready for deposition at a store (Northamptonshire ARC) approved by the Planning Authority, completion of an archive report, and submission of a publication report to be completed within two years of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority.

7.    The development hereby permitted shall not be commenced until details of an investigation and risk assessment scheme to assess the nature and extent of any contamination on the site have been submitted to and approved in writing by the Local Planning Authority (LPA), the approved scheme has been carried out by competent persons and a written report of the findings has been submitted for the approval of the LPA. The assessment shall include, unless the LPA dispenses with any such requirements in writing, a site investigation to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the proposed new house. The investigation must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR11’ and a written copy of the site investigation and findings shall be forwarded to the LPA.

8.    Where the contamination risk assessment identifies any unacceptable risk or risks, an appraisal of remedial options and proposal of the preferred option to deal with land contamination and/or pollution of controlled waters affecting the site shall be submitted for the approval of the LPA. No works, other than investigative works, shall be carried out on the site prior to the confirmation in writing of approval of the preferred remedial option by the LPA. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR11’.

9.    The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement of development other than that required to carry out the remediation. No deviation shall be made from the approved scheme without the express written agreement of the LPA. The LPA must be given two weeks written notification of the date of commencement of the remediation scheme works.

10.No development works other than that required to carry out the remediation shall be carried out until after the completion of the works required by the remediation scheme, the submission of a written closure report to the LPA and the LPA have confirmed the closure report is satisfactory. The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved remediation scheme, and confirmation of the effectiveness of the scheme in ensuring the site does not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the use of the land as a dwelling and garden. Post remediation sampling and monitoring results shall be included in the closure report.

11.If during development, contamination not previously considered is identified, then the LPA shall be notified immediately, and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA.

12.Prior to the commencement of development a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved Statement shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction.

13.The Stone boundary wall shall be repaired on a like for like basis using matching facing materials or, if it has to come down and be rebuilt, to re-use as much of the existing stone as possible in the external face with any shortfall made up with matching stone, and for all coursing on the external face to match the existing.

14.No equipment, machinery or materials shall be brought onto the site for the purposes of the development until details of the proposed type and a plan of the proposed position of fencing for the protection of trees or hedges that are to be retained on the site, have been submitted to and approved in writing by the Local Planning Authority. The fencing shall be implemented in accordance with these details and shall remain in place until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored, disposed of, or placed, nor fires lit, in any area fenced in accordance with this condition and the ground levels within these areas shall not be driven across by vehicles, altered, nor any excavation made (including addition/removal of topsoil/subsoil) without the written consent of the Local Planning Authority.

Councillors Cecile Irving-Swift, Rosie Humphreys and Rupert Frost returned to the meeting.