OBSERVATIONS RECEIVED SINCE THE
PREPARATION OF THE MAIN AGENDA
This document has been edited to include only Item 10 below
APPLICATIONS FOR PLANNING PERMISSION
Rosemary Lane, Freshford
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.
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
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
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
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
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.