Erection of a detached three bedroom bungalow.

Erection of a detached three bedroom bungalow.

The Principal Planning Officer reported the following:

§         No further evidence had been provided in relation to drainage.  The recommendation remained that of approval but with a change to condition 9 to prevent any work from commencing prior to the resolution of that matter.

Councillor Mrs. J.E. Pemberton, the Local Ward Member, commented that nothing had changed substantially since the previous application was refused (DCCE2005/4167/F refers).  She commented that the access track to this site was narrow and difficult to negotiate and that no large or emergency vehicles could use it safely.   She noted that the concerns of Fownhope Parish Council went beyond issues of drainage and she felt unable to support this application.

The Principal Planning Officer advised that the previous application was refused as the proposed cesspool was considered unacceptable for environmental, amenity and transport reasons.  Subject to satisfactory evidence being provided, to demonstrate that the applicants had a legal right to connect to an existing private drain which in turn connected to the mains drain, the refusal reason would be addressed.  He added that planning permission could not be implemented if this civil legal matter was not overcome.  The Legal Practice Manager explained the common use of easements to enable appropriate transmission media to be utilised.

A number of Members commented that they had significant concerns about access arrangements when the previous application was considered and these did not only relate to servicing the foul drainage system.

The Development Control Manager advised that the previous application was refused on a specific technical issue and that it would be difficult to defend refusal of the current application if this issue could be resolved.  He also advised that the Traffic Manager considered that the traffic associated with this proposed development could be safely accommodated on the existing access track and reminded the Sub-Committee that the track already served a number of residential properties.

A number of Members emphasised the need for the legal issues to be resolved fully prior to the commencement of any development.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.      A01 (Time limit for commencement (full permission)).

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.      B01 (Samples of external materials).

         Reason: To ensure that the materials harmonise with the surroundings.

3.      E01 (Restriction on hours of working).

         Reason: To safeguard the amenities of the locality.

4.      H13 (Access, turning area and parking).

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

5.      There shall be no vehicular access from the proposed parking as identified on drawing no. 05/442/01A to serve the bungalow.

         Reason: In order to safeguard the residential amenity of neighbouring properties.

6.      G04 (Landscaping scheme (general)).

         Reason: In order to protect the visual amenities of the area.

7.      G05 (Implementation of landscaping scheme (general)).

         Reason: In order to protect the visual amenities of the area.

8.      G09 (Retention of trees/hedgerows).

         Reason: To safeguard the amenity of the area.

9.      No development shall take place with the exception of the foul drainage infrastructure until evidence documenting the operational foul drainage connection to the main sewer has been submitted to and approved in writing by the local planning authority.  The development shall thereafter remain permanently connected to the mains sewer in accordance with the approved details.

         Reason: In order to ensure that satisfactory drainage arrangements are provided.

10.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification) no cess pool, septic tank or other private drainage system shall be installed or garage constructed.

         Reason: In order to ensure that the mains drainage connection is retained and to ensure that the drainage arrangements are satisfactory and safeguard neighbouring residential amenity.

11.    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), no windows/dormer windows shall be constructed in the north elevation of the property and the permitted window shall be glazed with obscure glass only.

         Reason: In order to protect the residential amenity of adjacent properties.

Informatives:

1.      N15 - Reason(s) for the Grant of Planning Permission.

2.      N19 – Avoidance of doubt.