BANES Planning Commitee

APPLICATIONS FOR PLANNING PERMISSION

DIRECTION BY THE SECRETARY OF STATE:  On 18th October the Council received notification from the Government Office for the South West that the First Secretary of State has issued a Direction for the Council not to grant planning permission for this application without specific authorisation.  The Direction has been issued to enable the Secretary of State to consider whether he should direct that the application should be referred to him for his determination (i.e. whether it should be "called in").  The notification specifically states that the Direction does not prevent the Council from considering the application, forming a view as its merits or, if so minded, refusing permission.

In order to reflect this recent change in circumstances, the recommendation is amended as follows:

Minded to PERMIT.

A. That the First Secretary of State be informed that the Committee are minded to PERMIT the application.

B. Subject to the First Secretary of State not wishing to determine the application, authorise the Head of Planning Services to PERMIT, subject to the conditions set out in the main report and as amended below. 

SECTION 106 AGREEMENT: The applicant has, in consultation with your officers, prepared a unilateral undertaking which relates to the preparation and implementation of the Ecology and Landscape Management Plan. As the Council is not party to any covenants in the legal agreement it is considered to be appropriate that in this case the legal agreement is in the form of a unilateral undertaking by the applicants.

CONDITIONS

8. The dwellings shall not be occupied until space has been laid out within the site in accordance with the approved plans for the parking of vehicles associated with the residential use of the site and such areas shall not thereafter be used for any purpose other than the parking and turning of vehicles associated with the residential use of the development hereby permitted.

Reason: To ensure that sufficient provision is made for off-street parking of vehicles in the interests of highway safety.

9. The approved layout of the new access shall be provided prior to commencement of any other works at the site. The existing vehicular access on Rosemary Lane shall be stopped up, its use permanently ceased and the verge/footway crossing re-instated concurrently with the provision of the new access in accordance with the approved drawings and details to be submitted to the Local Planning Authority for approval. Notwithstanding the details shown on the approved drawings, further details of the design of the proposed roads, footways, footpaths, verges, turning head, sewers, drains, lighting, retaining walls, service routes, surface water outfall, vehicles overhang margins, embankments, visibility splays, accesses, carriageway gradients and drive gradients shall be submitted to and approved by the Local Planning Authority in writing before the commencement of development. The approved vehicular access once constructed in accordance with the details so approved shall thereafter be retained for the purposes of vehicular access.

Reason: In the interests of highway safety.

23. The dwellings hereby approved shall not be occupied until buildings E and Q have been demolished in accordance with the approved drawings. The proposed dwellings within building G shall not be completed or occupied before the completion of the other dwellings hereby approved.

Reason: For the avoidance of doubt.

28. The dwellings hereby approved shall not be occupied until the turning space shown on the approved drawings has been properly consolidated and surfaced to the satisfaction of the Local Planning Authority. Such turning space shall be kept clear of obstruction at all times.

Reason: In the interests of highway safety.

29. Prior to the commencement of any development a programme showing the phasing of the development shall be submitted to and approved in writing by the Local Planning Authority and the development shall not proceed other than in accordance with the approved programme. A method statement with respect of construction and demolition at the site, including the management of related traffic and on-site parking for contractors, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any development and all works on construction and demolition shall be in accordance with the approved method statement.

Reason: In the interests of amenity and highway safety.

The following additional condition is recommended:

32. No development shall take place until full detailed elevations and floor plans of the proposed bat building have been submitted to and approved in writing by the Local Planning Authority. The proposed bat building shall be erected in accordance with the approved plans prior to any works being commenced on site.

Reason: To ensure that provision is made for the roosting bat colony at the site.

Reasons for approval and Drawing numbers:

This decision has been made having particular regard to policies:

GEN1, GEN2, LNC1, LNC2, LNC10A and 10B, LNC11, CH3, CH11, WGB.1, HO2, HO8, EMP1, TP1, PH2 and PH7 in the Wansdyke Local Plan and Policy 1, D1, D2, D4, ET1D, ET9, ES15, HG8, BG1, Gb2, NE1, NE2, Ne10, NE12, NE14, NE15, BH12, T1, T3, T4, T5, T6, T24 and T26 of the Revised Deposit Draft Bath & North East Somerset Local Plan.

This decision relates to drawings:1428-L-02M;1428-AB-01; AB-02; A1-01; A1-02; A1-03; A2-01; A2-02; B-01; B-02; C-01A; C-02A; D-01H; D-06; FG-01; FG-02; FG-03; FG-04; H-01A; H-02A; H-03A; H-04; H-05; K-01; K-02; L-01; NPA/WB/284/100; site survey Ax3219/100/1d AX3219/100/2A; 3A; 4A; 5A; 6A; 7A; 8A; 9A; 10a A; 11A; 12A; 13A; 14A;15A; 16A; 17A; 18A; 19A; 20A; 21A and documents date stamped 28 July 2005:

Landscape Design Statement July 2005; Site Mitigation and Enhancement Proposals Bats and Otters July 2005; Architectural Report; Transport Assessment; additional Site Investigations and Risk Assessment (revised report and appendices) July 2005; Planning Policy and Overview July 2005; Archaeological Evaluation July 2005; Hydrological and Hydraulic Study July 2005; and document Supplementary Flood Risk Information September 2005 and related drawing number 3121-000-Figure 1 date stamped 21 September 2005.

End of Item 10