PLANNING APPLICATION REPORT
Case Officer: Charlotte Howrihane Parish: South Huish Ward: Salcombe and Thurlestone
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Application No: 4082/22/FUL
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Agent:
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Applicant: Mr Steve Carter 5 Cumber Close Malborough Kingsbridge TQ7 3DE
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Site Address: Development Site At Sx 677 403, Weymouth Park, Hope Cove
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Development: Erection of single-storey dwelling following grant of permission in principle (Re-submission of 1741/22/FUL)
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Reason item is being put before Committee: Cllr Pearce has called the application to committee for the following reason:
The large garage and car port detached building was not an expressed part of the original PIP application. It is an unduly prominent and uncharacteristic feature in Weymouth Park, where there is only one other (single) detached garage in this part of the development, and like all the other garages, this single garage is alongside the bungalow to which it belongs and therefore not unduly prominent.
Recommendation: Conditional approval
Conditions:
Standard time limit
Accord with plans
Principal residence
Removal of PD rights
Landscape scheme to be submitted
Removal of temporary fence
Details of materials to be submitted
Details of external lighting to be submitted
Details of boundary treatments to be submitted
Details of boundary screening to southern elevation
Natural slate
Incidental use of garage only
Car port to be retained for parking only
Accord with drainage
No surface water or debris outside of the site
Accord with DEV32 checklist
Solar panels to be installed prior to occupation
EV charging point to be installed prior to occupation
Unsuspected contamination
Key issues for consideration:
Principle of development, design, landscape impact, neighbour amenity, highways, low carbon development.
Site Description:
The application site is currently an undeveloped parcel of sloping land located on the south western side of Weymouth Park in the village of Hope Cove. Existing dwellings bound the site to the south, east and west. To the west there is also a public right of way ‘South Huish Public Footpath 23’ and to the north the existing estate road ‘Weymouth Park’.
The site lies within the South Devon Area of Outstanding Natural Beauty and Heritage Coast.
The Proposal:
The application seeks full planning permission for the erection of a single dwelling. The dwelling would be a single-storey, two-bed property, with a detached garage and car port. Vehicular access would be from the highway at Weymouth Park, with a driveway and turning area for cars provided within the site.
The dwelling and the garage would both be rendered, with a natural slate roof.
Consultations:
· County Highways Authority- no highways implication
· Parish Council- ‘South Huish Parish Council have reviewed the above application and have resolved to submit a holding objection as applicant has stated that more information is due to be submitted to the Planning Officer in respect of this application. That said, the following comments were made at the meeting on 11th January 2023:
This is considered overdevelopment, the garage/carport is too high and sited too far forward. The PIP did not allow for this element of development.
The proposals are incongruous, there is a local pattern of development and it was felt that no heed had been given to the JLP, NP and NPPF policies previously mentioned in application reference 1741/22/FUL. Those references are therefore also applicable to this application.
The materials were not felt to be in keeping with the surrounding properties. This dwelling needs to complement the other properties in Weymouth Park, not differentiate from them.
The height of the roof was considered out of keeping. If it were at 23 degrees (as per other properties in the area) this may alleviate the issue.
The orientation does not alight, although it was accepted that the applicant may not have other options due to the site location.
The plans would appear to show a three bedroom property – one room being shown as the office. There were also concerns that the garage, if permitted, might become another habitable area.
The application was considered an improvement on previous plans, but it needs to fit in the street scene.’
Representations:
Ten letters of objection have been received, along with seven letters of support. These representations can all be seen in full on the Council’s website, but can be summarised as follows:
Support:
· The design and layout fits in with the surroundings
· Good to have a permanent home in the village
· Modern design is good
· Modest scale
· Support for a local family
· Good to encourage younger families into Weymouth Park- currently older people or holiday homes
· Sustainable dwelling
· Using slate has a lower carbon footprint than concrete
· Using renewable energy technologies should be supported
· Single storey design is appropriate
· The footpath is outside of the plot so would not be affected
· Includes sufficient parking
Objection:
· Too high
· Dwelling is closer to the road than the original plans
· Outline approval did not include a garage
· Appears to be no curtilage or pavement
· Building in front of the building line
· Garage could be used for accommodation
· Fencing is not in keeping with the area
· Out of keeping with the AONB
· Unacceptable massing and overdevelopment of plot
· Impact on privacy of 40 Weymouth Park
· Dispute over extent of boundary
· Location of garage is not shown on plans
· Missing/inconsistent information
· Lack of details on external lighting and landscaping
· Study is probably going to be a third bedroom
· No other double garages or detached garages on the road
· Building will impact on views from other properties in Weymouth Park
· The applicant removed a hedge before submitting the application
· Concerns about surface water impacting properties below the site on Grand View Road
· Overlooking to Ridge Cottage
· Will set a precedent for future extensions beyond the building line
Relevant Planning History
· 1741/22/FUL- New single-storey dwelling with undercroft workshop and storage at rear- refused
· 0358/22/FUL- New 3 bed bungalow- withdrawn
· 0060/22/FUL- New single residential property- withdrawn
· 4175/19/PIP- Permission in principle application for new 2 bedroom dwelling- refused- appeal
allowed (appeal reference APP/K1128/W/20/3264409)
ANALYSIS
1.0. Principle of Development/Sustainability:
1.1. The principle of a dwelling on the site has been established through the grant of a Permission in Principle (PIP) application, which was refused by the Council but allowed at appeal in 2020 (application reference 4175/19/PIP). This granted permission for a two-bed dwelling, but only related to the principle of development. No Technical Details application, which usually follows a PIP, has been submitted, and so no details relating to the scale, design, materials, etc have been approved.
1.2. Whilst the principle of development of a two-bedroom dwelling has therefore been established, Officers are mindful of comments made by the Inspector with regard to the PIP application:
‘Dwellings within Weymouth Park are predominately set back from the highway, giving this estate a somewhat open appearance. In this respect, by reason of the surrounding and nearby residential development and well-maintained gardens, in my view the appeal site does not significantly contribute to the somewhat established open appearance of the estate. Consequently, a dwelling that reflected local distinctiveness in terms of scale and design would not necessarily be at odds with this character.’ (Appeal APP/K1128/W/20/3264409 paragraph 10).
1.3. The Inspector goes on to state that ‘a suitably scaled and designed dwelling would be seen in the context of the nearby residential development and would not be harmful to the enjoyment of the public right of way’.
1.4. As such, the principle of the dwelling has already been established, and the specifics of the proposal, such as the design, neighbour impact, etc, will be assessed throughout this report.
1.5. Policy SH H2 of the South Huish neighbourhood plan (SHNP) requires an occupancy restriction to be added to any new open market housing, to ensure that the dwelling is only used as a principal residence. A condition securing this use is recommended.
2.0. Housing Mix:
2.1. Policies SPT2(4) and DEV8(1) of the Joint Local Plan (JLP) seeks to provide a good balance of housing types and tenures to support a range of household sizes, ages, and incomes, and to meet identified housing needs. ONS data shows that the parish of South Huish has an oversupply of three-bedroom properties, with the neighbourhood plan Housing Needs Survey identifying the need for smaller units.
2.2. The main floor includes two bedrooms, and a study/office, as well as the usual kitchen, living room, etc. When assessing bedroom numbers, paragraph 4.17 of the Supplementary Planning Document which accompanies the JLP states:
‘Home working is supported and as such the provision of one room identified as an office or study will be accepted, but other rooms that have the potential to be used as bedrooms (other than living rooms, kitchens, dining rooms, rooms with mains plumbing/toilets or rooms with no windows and/or main entrances) will be considered as such, and considered against the requirements of DEV8 on that basis.’
2.3. Although some objections state that the property would really be a three-bed unit due to the inclusion of the study, when assessed against the SPD criteria, Officers consider the proposed dwelling to be a two-bed unit. There is no current oversupply of two-bed properties in South Huish, and housing data identifies a need for smaller units. The proposal would not exacerbate any existing imbalance in housing stock, and therefore complies with policies SPT2 and DEV8 of the JLP.
3.0. Design:
3.1. The street scene of Weymouth Park is very uniform; the road contains single-storey bungalows with garages (most garages attached but some examples of detached garages). Properties are set back from the road with generally open front gardens and parking areas. Dwellings are a mix of render and stone, with concrete tile roofs.
3.2. Policy DEV20 of the JLP requires proposals so have ‘proper regard to the pattern of local development and the wider development context and surroundings in terms of style, local distinctiveness, siting, layout, orientation, visual impact, views, scale, massing, height, density, materials, detailing, historic value, landscaping and character, and the demands for movement to and from nearby locations.’
3.3. Policy SH HBE 3 of the South Huish neighbourhood plan also requires development to be ‘innovative and locally distinctive using a palette of materials that respond to and integrate with the local built surroundings, landscape context and setting.’
3.4. Whilst concerns have been raised over the incongruous nature of the proposed development compared with the surrounding properties, it is noted that the surrounding dwellinghouses appear to be low density modern bungalows of 1970/ 80’s design. The proposed dwelling would also be a single-storey dwelling, constructed of materials which match existing dwellings in the cul-de-sac. The vast majority of dwellings in the road have roof ridges running east-west, along with a road-facing gabled element. The proposed dwelling would replicate this pattern, and the development has had regard to the local pattern of development in terms of orientation and materials, as required by both the JLP and the SHNP.
3.5. In this instance it is considered that the proposal for a modern detached bungalow in the proposed location would not constitute an inappropriate form of development. In addition, the site does not lie within a designated conservation area or adjacent to any listed building or buildings of historical significance. It is recommended that conditions be imposed requiring samples of external materials to ensure that a high quality design is achieved.
3.6. Concern has been raised about the garage, with some objectors noting that there are no other detached garages in Weymouth Park. Although the garage would be a double garage (one garage bay and one open-fronted bay described as a car port), whereas most garages in the cul-de-sac are single garages, there is no uniform style of garages, with existing examples of both integral and detached garages, as well as flat roof and pitched roof garages. The proposed garage building would fit comfortably within the site, and is of a scale and design of a subservient domestic outbuilding. A condition is recommended to ensure that the use of the garage remains incidental to the host dwelling, to prevent any intensification of use which may impact the character of the street and neighbouring properties. The removal of permitted development rights would also restrict further extension, or installation of openings to the garage which could impact the scale and appearance of the building, and the garage would be partially screened by proposed landscaping.
3.7. Many objections consider the dwelling to be too large, and constitute overdevelopment of the site. The proposed dwelling is approximately 156sqm, and is a single storey dwelling. Whilst this is large for a two-storey dwelling when assessed against the Nationally Described Space Standards, it is comparable to the recently approved dwelling on the adjacent plot in the garden of no.39. The site would also retain sufficient external amenity space, including a garden area, parking, and turning space, and Officers therefore do not consider that the development would result in overdevelopment of the plot.
3.8. In summary, the proposal has addressed the concerns raised in the previously refused application regarding the scale and appearance of the dwelling. The dwelling is now considered to be of a scale and design which is in keeping with the street scene and local pattern of development, and the design is therefore compliant with policies DEV20 and DEV23 of the JLP, and policy SH HBE 3 of the SHNP.
4.0. Landscape:
4.1. The site lies within the designated South Devon AONB and Heritage Coast. Policy DEV25 (Nationally protected landscapes), Policy DEV24 (Undeveloped Coast and Heritage Coast), and paragraphs 176 and 178 of the NPPF requires that proposals conserve and enhance the natural beauty of the protected landscape, with particular reference to their special qualities and distinctive characteristics or valued attributes. Policy SH ENV2 of the SHNP requires development in the AONB and Heritage Coast to maintain the intrinsic character of the landscape.
4.2. The application site lies within the built up area of Hope Cove, in a residential cul-de-sac. The surrounding landscape consists of modest, detached bungalows located on the brow of a ridge which forms the boundary to the built form of Hope Cove from the open countryside to the north of the application site.
4.3. Many objections have raised concerns about the proposed dwelling not retaining the existing building line on the southern side of the road. Whilst the northern side of the road has a fairly defined building line, this is not so prevalent towards the eastern end of the cul-de-sac, particularly on the southern side, where a new dwelling has recently been consented in the garden of no.39, and the building line is interrupted by Campsie Cottage and Hope Croft, which are set much further back than their neighbouring dwellings. The proposed dwelling is therefore not considered to be sited in such a way that it would have a harmful effect on the street scene due to its positioning within the site.
4.4. There is currently a timber fence around the site, which has been erected recently by the applicant. This fence is an incongruous addition to the site surroundings- Weymouth Park is generally characterised by open-fronted front gardens, with some hedges denoting boundaries between properties. The applicant has confirmed that this fence is a temporary addition to secure the site, and not part of the proposal. To ensure that any boundary treatments are sympathetic to the street scene, a condition is recommended to require details of any boundary treatments to be submitted for approval prior to installation.
4.5. No landscape details have been submitted, so it is recommended that hard and soft landscaping details be submitted to ensure that the proposed development assimilates well into the existing landscape, and retains the existing open character of the existing street scene.
4.6. Mindful of policy SH ENV8 of the SHNP (Dark Skies and the avoidance of light pollution), a condition is also recommended to require details of any external lighting to be submitted prior to installation, to ensure that lighting is kept to a minimum, and is of a position and type which is appropriate to the protected landscapes, and does not have an unacceptable impact on neighbouring properties. The removal of permitted development rights would also prevent the installation of any additional openings in the future which may exacerbate the light impact of the development.
4.7. Subject to the recommended conditions, it is considered that the proposals would not harm the character and appearance of the AONB and Heritage Coast, given the extent of the existing built form surrounding the site. The landscape impact of the development is therefore acceptable, in accordance with policies DEV23, DEV24, and DEV25 of the JLP, policies SH ENV2 and SH ENV8 of the SHNP, and paragraphs 176 and 178 of the NPPF.
5.0. Neighbour Amenity:
5.1. The proposed dwelling would be approximately 30m from the dwellings to the north on the other side of the road, approximately 10m from the new dwelling being constructed to the west, approximately 40m from Lothlorien to the south, and approximately 26m to 40 Weymouth Park to the east. There is also a property approximately 8m to the south-east, Campsie Cottage.
5.2. North: The dwellings to the north are separated by the road and large front gardens of these properties. The dwellings to the north are also at a higher ground level than those to the south due to the sloping topography. As such, the proposed dwelling is not considered to have a harmful impact on the amenity of neighbours to the north. One property on the northern side has expressed concerns that the dwelling would impact on the views from their property, however this is not a material planning consideration.
5.3. West: The dwelling currently under construction to the west is separated from the site by the public footpath which from the west of Weymouth Park towards the coast. There are no openings to the west elevation of the proposed dwelling to prevent any overlooking, and the orientation and separation between the dwellings is such that no concerns are raised with regards to neighbour amenity between the two dwellings.
5.4. South: The dwelling to the south, Lothlorien, is arguably the most impacted by the development. However, with a 40m distance between the south elevation of the proposed dwelling, and the north elevation of Lothlorien, this exceeds the required separation distance required by the JLP SPD. There are concerns about the potential overlooking from the proposed rear terrace into the garden of Lothlorien, which is approximately 20m away. No details have been provided of boundary screening between the two gardens, which would resolve the privacy concerns, although the applicant has informally advised that agreement has been made between themselves and the neighbour to erect a fence on the boundary. Subject to the aforementioned conditions requiring landscaping and boundary treatment details to be provided, Officers are satisfied that an appropriate boundary treatment can be erected which would address potential overlooking into Lothlorien.
5.5. East: The dwelling to the east, 40 Weymouth Park, would be approximately 26m from the proposed dwelling, which also exceeds the SPD guidance with regard to separation. The two dwellings would be separated by the turning/parking area proposed for the new dwelling, and the proposed garage. Although the garage is close to the boundary with no.40, Officers note that the west elevation of no.40 is blank, with no openings to be impacted by the presence of the garage. To ensure that the use of the garage remains appropriate for a residential area and does not harm the amenity of neighbouring dwellings, a condition is proposed to restrict the use of the garage to incidental use- it would therefore not be permitted to be used as ancillary accommodation (a concern raised by some objectors), or for any business or commercial uses which would have an adverse impact on neighbours. The impact on no.40 is therefore considered acceptable.
5.6. South-east: Campsie Cottage is sited to the south-east of the application site, and separated by an existing timber boundary fence. The amenity area and outlook of Campsie Cottage faces south, away from the proposed dwelling, and the difference in grounds levels and orientation of the properties leads Officers to conclude that the dwelling would not have a harmful impact on the amenity of Campsie Cottage.
5.7. Whilst the proposed dwelling would have an impact on nearby dwellings by virtue of constructing a dwelling in a previously open space, the proposal is not considered to have a harmful impact on the amenity of any nearby dwellings, subject to conditions regarding boundary treatments, the use of the garage, and the removal of permitted development rights. The proposal therefore complies with policies DEV1 and DEV2 of the JLP, and policy SH HBE3 of the SHNP.
6.0. Highways/Access:
6.1. Policy SH T1 of the SHNP requires new 2-bed developments to provide two parking spaces. The proposal includes a garage and car port, as well as parking and turning space within the site meaning that cars could enter and exit the site in forward gear, rather than having to reverse out onto the road, unlike some other properties within Weymouth Park. The development therefore complies with the parking standards contained within the SHNP and JLP SPD.
6.2. Objectors have noted that the proposal does not include a pavement along the roadside, expressing concerns about highways safety when pedestrians are existing the footpath. Officers noted during a site visit that there is no existing pavement along this part of the site, so the proposal would not worsen the situation. Given the cul-de-sac layout of Weymouth Park, and the low number and low speeds of vehicles at this end of the road, the lack of pavement is not considered to pose a risk to users of the footpath.
6.3. The Highways Authority has raised no objection to the proposal, which is considered acceptable in terms of parking, access, and highways matters, and policy DEV29 of the JLP, policy SH T1 of the SHNP, and paragraphs 110 and 111 of the NPPF.
7.0. Low carbon development:
7.1. Policy DEV32 of the JLP requires all development to contribute to the carbon reduction targets of Plan. The application has been submitted with a checklist which details the measures proposed to ensure that the development complies with policy DEV32.
7.2. The dwelling would include solar PV panels to the south elevation, and a condition would require these panels to be installed prior to the occupation of the dwelling. The layout of the building has been designed to maximise solar orientation - providing a degree of passive solar gain in the winter months and reducing overheating in the summer with through passive ventilation. An EV charging point is proposed in the garage, and this will also be required to be installed prior to occupation of the dwelling.
7.3. Subject to adherence to the carbon reduction checklist, the development is considered acceptable in terms of policy DEV32 of the JLP and SH ENV6 of the SHNP.
8.0. Drainage:
8.1. The site is not within a flood zone or Critical Drainage Area identified by the Environment Agency. Details have been provided showing that a soakaway can be accommodated within the site, and that permission has been given to connect the foul drainage to the existing mains sewer. Provided that the development is carried out in accordance with the submitted drainage details, the development raises no concerns with regard to flood risk or drainage.
9.0. Other matters:
9.1. Objections have been made to the fact that a garage was not included in the PIP which was approved. This does not preclude the applicant from including a garage in the current proposal, as this is a full planning application. There is no objection to the principle of a garage associated with the proposed dwelling.
9.2. Objection has been made to the fact that the eaves height is not shown on the plans. The plans are drawn to scale and the eaves height can therefore be accurately measured and considered.
9.3. Claims about boundary disputes are a civil matter, and not a material planning consideration.
9.4. It has been claimed that the plans are misleading or inconsistent. Having reviewed the plans, Officers consider them to be adequate to assess the proposal.
9.5. It is noted that the applicant removed a hedge prior to submitting the application, however this does not require planning permission and would not warrant refusal of the application.
9.6. Objection has been made that the proposal would set a precedent for future development beyond the building line. Notwithstanding the earlier assessment that there is no set building line on the south side of Weymouth Park, any applications on this site or any other would be considered on its own merits, taking the site specifics and context into consideration.
10.0. Summary:
10.1. The principle of development on this site has been established through the previous grant of planning permission by the Planning Inspectorate. Previous proposals on the site have been refused due to concern about size and appearance, and these concerns have now been addressed by the currently proposed scheme. The development of a single-storey, two bed rendered dwelling would be in keeping with the character of Weymouth Park, and the dwelling has been designed and orientated in such a way that it is not considered to have a harmful impact on the amenity of any neighbouring dwellings. Conditions are recommended to ensure that the development is appropriate in terms of landscape impact, to both the immediate street scene and the wider AONB/Heritage Coast setting.
10.2. Subject to the recommended conditions, the proposed is considered to comply with all relevant planning policies, and is therefore recommended for conditional approval.
This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004
Planning Policy
Relevant policy framework
Section 70 of the 1990 Town and Country Planning Act requires that regard be had to the development plan, any local finance and any other material considerations. Section 38(6) of the 2004 Planning and Compensation Act requires that applications are to be determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of decision making, as of March 26th 2019, the Plymouth & South West Devon Joint Local Plan 2014 - 2034 is now part of the development plan for Plymouth City Council, South Hams District Council and West Devon Borough Council (other than parts of South Hams and West Devon within Dartmoor National Park).
On 26 March 2019 of the Plymouth & South West Devon Joint Local Plan was adopted by all three of the component authorities. Following adoption, the three authorities jointly notified the Ministry of Housing, Communities and Local Government (MHCLG)* of their choice to monitor the Housing Requirement at the whole plan level. This is for the purposes of the Housing Delivery Test (HDT) and the 5 Year Housing Land Supply assessment. A letter from MHCLG to the Authorities was received on 13 May 2019 confirming the change.
On 14th January 2022 the Department for Levelling Up, Housing and Communities published the HDT 2021 measurement. This confirmed the Plymouth. South Hams and West Devon’s joint HDT measurement as 128% and the consequences are “None”.
Therefore a 5% buffer is applied for the purposes of calculating a 5 year land supply at a whole plan level. When applying the 5% buffer, the combined authorities can demonstrate a 5-year land supply of 5.97 years at end of March 2022 (the 2022 Monitoring Point). This is set out in the Plymouth, South Hams & West Devon Local Planning Authorities’ Housing Position Statement 2022 (published 19th December 2022).
[*now known as Department for Levelling Up, Housing and Communities]
The relevant development plan policies are set out below:
The Plymouth & South West Devon Joint Local Plan was adopted by South Hams District Council on March 21st 2019 and West Devon Borough Council on March 26th 2019.
SPT1 Delivering sustainable development
SPT2 Sustainable linked neighbourhoods and sustainable rural communities
SPT12 Strategic approach to the natural environment
TTV1 Prioritising growth through a hierarchy of sustainable settlements
TTV2 Delivering sustainable development in the Thriving Towns and Villages Policy Area
DEV1 Protecting health and amenity
DEV2 Air, water, soil, noise, land and light
DEV8 Meeting local housing need in the Thriving Towns and Villages Policy Area
DEV10 Delivering high quality housing
DEV20 Place shaping and the quality of the built environment
DEV23 Landscape character
DEV24 Undeveloped coast and Heritage Coast
DEV25 Nationally protected landscapes
DEV26 Protecting and enhancing biodiversity and geological conservation
DEV28 Trees, woodlands and hedgerows
DEV29 Specific provisions relating to transport
DEV32 Delivering low carbon development
DEV35 Managing flood risk and Water Quality Impacts
Neighbourhood Plan
SH ENV1 Settlement Boundaries and avoidance of coalescence
SH ENV2 Impact on the South Devon Area of Outstanding Natural Beauty (AONB)
SH ENV6 Encouraging renewable energy and low carbon development
SH ENV7 Drainage Impact
SH ENV8 Dark Skies and the avoidance of light pollution
SH H2 Principal Residence
SH T1 Car Parking
SH HBE3 Design Quality within the Parish
Other material considerations include the policies of the National Planning Policy Framework (NPPF) and guidance in Planning Practice Guidance (PPG). Additionally, the following planning documents are also material considerations in the determination of the application:
Plymouth & South West Devon JLP Supplementary Planning Document (2020)
AONB Management Plan (2019- 2024)
Considerations under Human Rights Act 1998 and Equalities Act 2010
The provisions of the Human Rights Act 1998 and Equalities Act 2010 have been taken into account in reaching the recommendation contained in this report.
Recommended conditions:
1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.
Reason: To comply with Section 91 of the Town and Country Planning Act, 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. The development hereby approved shall in all respects accord strictly with drawing numbers 2717.SLP, 2717.SBP, and 2717.10, received by the Local Planning Authority on 22nd November 2022.
Reason: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates.
3. The dwelling hereby permitted shall not be occupied other than by: i. a person or persons as their principal home; ii. persons living as part of a single household with such a person or persons; iii. persons who were living as part of a single household with such a person or persons who have since died; iv. non-paying guests of any of the persons listed in (i) – (iii). The occupant(s) shall at any time supply to the Local Planning Authority such information as the Authority may reasonably require in order to determine that this condition is being complied with, within one month of the Local Planning Authority’s written request to do so.
Reason: In accordance with policy SH H2 of the South Huish Neighbourhood Plan which seeks to achieve sustainable communities.
4. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) Order, 2015 (and any Order revoking and re enacting this Order), no development of the types described in the following Classes of Schedule 2 shall be undertaken without the express consent in writing of the Local Planning Authority other than those expressly authorised by this permission:
(a)Part 1, Class A (extensions and alterations)
(b)Part 1, Class AA (enlargement of a dwellinghouse by construction of additional storeys)
(c) Part 1, Classes B and C (roof addition or alteration)
(d) Part 1, Class D (porch)
(e) Part 1, Class E (a) swimming pools and buildings incidental to the enjoyment of the dwellinghouse and; (b) container used for domestic heating purposes/oil or liquid petroleum gas)
(f) Part 1, Class F (hardsurfaces)
(g) Part 1, Class G (chimney, flue or soil and vent pipe)
(h) Part 1, Class H (microwave antenna) and;
(i) Part 2, Class A (means of enclosure)
Reason: To enable the Local Planning Authority to exercise control over development which could materially harm the character and visual amenities of the development and locality.
5. Prior to the commencement of development above slab level, a landscaping scheme shall be submitted to, and agreed in writing by the Local Planning Authority. Details shall include all proposed soft landscaping, location, species, and density of proposed planting, and any hard landscapig proposed. The development shall hereafter be carried out in accordance with the approved details.
Reason: In the interests of the amenities of the area.
6. The timber fence surrounding the site boundary shall be removed in its entirety prior to the occupation of the dwelling hereby approved.
Reason: In the interests of visual amenity.
7. Prior to their installation, details of facing materials, and of roofing materials to be used in the construction of the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with those samples as approved.
Reason: In the interests of visual amenity.
8. Details of any external lighting (including security lighting) to be erected, placed, or sited within the site shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The work shall thereafter be carried out in accordance with the approved details and under no circumstances shall it cause light pollution nor shall external illumination be operated on the site other than in accordance with the approved scheme.
Reason: In the interests of the amenities of the occupiers of neighbouring residential properties and preservation of the landscape.
9. Details of proposed boundary treatments shall be submitted to, and agreed in writing by the Local Planning Authority prior to installation. The development shall hereafter be carried out in accordance with the approved details.
Reason: In the interests of visual amenity.
10. Details which demonstrate how the proposed boundary treatment to the south elevation will provide sufficient screening to Lothlorien (dwelling to the south) shall be submitted to, and agreed in writing by the Local Planning Authority. The dwelling hereby approved shall not be occupied until the boundary screening to the southern elevation has been installed in accordance with the approved details.
Reason: In the interests of neighbour amenity.
11. The roofs hereby approved shall be clad in natural slates, of British or European origin.
Reason: To perpetuate the use of vernacular materials so as to retain the character of the locality.
12. The garage hereby approved shall only be used for purposes incidental to the enjoyment of the main dwellinghouse. It shall not be used as ancillary accommodation, or used for any business or commercial use.
Reason: In the interests of the amenities of the area.
13. The proposed car port shall only be used for the accommodation of a private motor vehicle and not be used for any business purposes.
Reason: In the interests of the residential amenities of the area.
14. The drainage scheme shall be installed in strict accordance with the approved plans, maintained and retained in accordance with the agreed details for the life of the development.
Reason: To ensure surface water runoff does not increase to the detriment of the public highway or other local properties as a result of the development.
15. No surface water, mud, or other debris from the development hereby approved shall be discharged onto the highway, or any land outside of the curtilage of the dwelling hereby approved.
Reason: In the interests of the amenities of the area.
16. The development hereby approved shall be carried out in accordance with the DEV32 low carbon development checklist, received by the Local Planning Authority on 22nd November 2022.
Reason: To ensure that the development contributes to the carbon reduction targets of the Joint Local Plan.
17. The solar PV panels as shown on the approved plans shall be installed prior to the occupation of the dwelling hereby approved. These panels shall then be retained and maintained for the life of the development.
Reason: To ensure that the development contributes to the carbon reduction aims of the Joint Local Plan.
18. The electric vehicle charging point as shown on the approved plans shall be installed prior to the occupation of the dwelling hereby approved. It shall then be retained and maintained for the life of the development.
Reason: To ensure that the development contributes to the carbon reduction aims of the Joint Local Plan
19. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.
Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.
Reason: No site investigation can completely characterise a site. This condition is required to ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately.