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APPLICATION NO. |
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SITE |
Stable Yard to East of Chinnor Road Chinnor Road Towersey, OX9 3QY |
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PROPOSAL |
Variation of conditions 2 (Approved plans), 4 (Surface water drainage works (details required), 5 (Surface water management plan (details required) and 7 (Foul drainage works (details required) on application P23/S2754/FUL. (as amended by Plans and information received 29 April and 20 May 2024). (Proposed demolition of existing equestrian buildings and erection of two detached three bedroom houses with associated parking and amenity space provision. Creation of new shared vehicular access). |
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APPLICANT |
Chalix Ltd |
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APPLICATION TYPE |
SECTION 73 |
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REGISTERED |
25.3.2024 |
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TARGET DECISION DATE |
28.6.2024 |
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PARISH |
TOWERSEY |
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WARD MEMBER(S) |
Ed Sadler Ali Gordon-Creed |
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OFFICER |
Caitlin Phillpotts |
1.0 |
INTRODUCTION
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1.1 |
This application is referred to Planning Committee as the officers’ recommendation to approve the application conflicts with the views of Towersey Parish Council.
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1.2 |
2.0 |
PROPOSAL
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2.1 |
The site already has planning permission for the demolition of existing equestrian buildings and erection of two detached three bedroom houses with associated parking, amenity space and shared vehicular access granted under application reference P23/S2754/FUL. This application was granted subject to a number of drainage conditions requiring the submission of details prior to the commencement of the development.
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2.2 |
This application seeks a material minor amendment to the planning permission and is submitted with revised plans for plot 1 and additional information to see a number of the originally attached drainage conditions removed or revised to implementation conditions. The plans can be found at Appendix B. Other supporting documents can be found on the council’s website. Copies of the most relevant approved plans associated with application P23/S2754/FUL are attached at Appendix C. |
3.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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3.1 |
Publicity |
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Not applicable
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3.2 |
Statutory Consultee responses
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Representation |
Comments |
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None |
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3.3 |
Council - professional officer comments |
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Representation |
Comments |
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Drainage - (South&Vale) |
02.05.2024 Holding objection requesting further details of hydraulic calculations, a manhole schedule, finished slab levels, pipe runs and tanked gravel structure and ownership responsibilities for drainage across the site |
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19.06.2024 Holding objection requesting full details of the ownership responsibilities for drainage across the site |
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26.06.2024 Recommends approval in accordance with the submitted details |
3.4 |
Public responses |
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Representation |
Comments |
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Towersey Parish Council |
15.04.2024 Objects to the increased scale and massing of plot 1, considering that it would have negative impacts on the character of the street and result in harm to the light and privacy of neighbours |
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06.06.2024 Notes, the revision to the design of the Plot 1 house include a new high ridge to the rear of the dwelling which replaces the lower and sloping rear wing of the approved design. The street facing ridge is also higher, by 600mm (i.e.>0.5m) and finds that the revised design would have negative impacts on the character of the street and result in harm to the light and privacy of neighbours
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Neighbours Original plans (9)
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Object on the grounds that the increased scale and massing of plot 1 would have negative impacts on the character of the street, that increased height of the rear roofline will directly impact the adjoining neighbours and reduce the amount of light they get, especially in Autumn and Winter and that the additional side facing windows would result in issues of overlooking
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Amended plans (8) |
Previous concerns reiterated |
4.0 |
RELEVANT PLANNING HISTORY
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Application Number |
Description of development
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Decision and date
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4.1 |
Proposed demolition of existing equestrian buildings and erection of two x detached three bedroom houses with associated parking and amenity space provision. Creation of new shared vehicular access.
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Approved (09/11/2023) |
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Stables and store room. |
Approved (19/06/1963) |
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5.0 |
ENVIRONMENTAL IMPACT ASSESSMENT
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5.1 |
Not applicable |
6.0 |
POLICY & GUIDANCE
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6.1 |
National Planning Policy Framework and Planning Practice Guidance
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6.2 |
Development Plan Policies |
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South Oxfordshire Local Plan 2035 (SOLP) policies
STRAT1 - The Overall Strategy H1 - Delivering New Homes H8 - Housing in the Smaller Villages H16 - Backland and Infill Development and Redevelopment DES1 - Delivering High Quality Development DES2 - Enhancing Local Character DES3 - Design and Access Statements DES5 - Outdoor Amenity Space DES6 - Residential Amenity DES8 - Promoting Sustainable Design DES9 - Renewable Energy DES10 - Carbon Reduction ENV1 - Landscape and Countryside ENV2 - Biodiversity - Designated sites, Priority Habitats and Species ENV3 - Biodiversity ENV4 - Watercourses ENV12 - Pollution - Impact of Development on Human Health, the Natural Environment and/or Local Amenity (Potential Sources of Pollution) EP2 - Hazardous Substances EP4 - Flood Risk TRANS5 - Consideration of Development Proposals
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6.3 |
Towersey Neighbourhood Plan policies
TOW1 - Village boundaries and infill development TOW2 - Housing mix TOW3 - Climate change mitigation - zero carbon buildings TOW4 - Design TOW7 - Green infrastructure and biodiversity TOW9 - Managing Traffic TOW10 - Supporting water infrastructure |
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6.4 |
Supplementary Planning Guidance/Documents
South Oxfordshire and Vale of White Horse Joint Design Guide 2022 |
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7.0 |
PLANNING CONSIDERATIONS
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7.1 |
The relevant planning considerations are the following:
· Policy context · Principle of development · Design and character · Residential amenity · Access and parking · Biodiversity and protected species · Drainage · Contaminated Land · Carbon reduction
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7.2 |
Policy context Towersey is defined as a ‘smaller village’ as set out in Appendix 7 of the adopted South Oxfordshire Local Plan (SOLP) 2035. South Oxfordshire Local Plan 2035 (SOLP) policies STRAT1 and H1 set out the council’s strategy for the distribution, range, size and mix of new housing, recognises the role that smaller sites can play in achieving quicker housing delivery and in this context, looks to support residential development of previously developed land within and adjacent to the existing built-up areas of …. Smaller Villages across the district. Smaller villages as defined in the settlement hierarchy have no defined requirement to contribute towards delivering additional housing (beyond windfall, infill and redevelopment proposals) to meet the overall housing requirement of South Oxfordshire in accordance with policy H8 of the SOLP. Policy H8 of the adopted Local Plan supports developments within the smaller villages in accordance with Policy H16. |
7.3 |
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7.4 |
Principle of development Annex 2 of the NPPF defines previously developed land as, ‘land which is or was occupied by a permanent structure, including the curtilage of the developed land … and any associated fixed surface infrastructure. This excludes: … land in built-up areas such as residential gardens, parks, recreation grounds and allotments; and land that was previously developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape’. In this context I consider the application site should be considered ‘previously developed land’ for the purposes of decision making.
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7.5 |
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7.6 |
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7.7 |
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7.8 |
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7.9 |
Residential amenity |
7.10 |
This application is supported by the submission of computer modelled sun path studies, attached at Appendix B which demonstrate the differing effects of the approved and proposed schemes on the natural sunlight reaching the dwelling and private gardens of the adjoining neighbour to the north (Croft Cottage). Given the relatively modest heights of the proposed dwellings, separation and spacing between the proposed dwellings and neighbouring properties, I am satisfied that the revised scheme would have no measurable increased impact of the amenity of the neighbouring properties in terms of light and / or outlook.
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7.11 |
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7.12 |
Subject to the attached conditions, I do not consider that the proposed development would result in any significant harm to the amenity of the host and / or surrounding neighbouring properties in terms of light, outlook or privacy in accordance with policy DES6 of the SOLP.
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7.13 |
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7.14 |
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7.15 |
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7.16 |
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7.17 |
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7.18 |
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7.19 |
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7.20 |
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7.21 |
The proposed development will be liable to pay CIL. |
8.0 |
Other Relevant Legislation
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8.1 |
Human Rights Act 1998 The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report.
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8.2 |
Equality Act 2010 In determining this planning application, the Council has regard to its equalities obligations including its obligations under Section 149 of the Equality Act 2010.
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8.3 |
Crime and Disorder Act 1998 In considering this application, due regard has been given to the likely effect of the proposal on the need to reduce crime and disorder in accordance with Section 17 of the Crime and Disorder Act 1998. In reaching a recommendation, officers consider that the proposal will/will not undermine crime prevention or the promotion of community safety. |
9.0 |
PLANNING BALANCE AND CONCLUSION
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9.1 |
The proposal complies with the relevant Development Plan policies and, subject to the attached conditions, the proposed development would be acceptable in terms of its relationship to the green and semi rural character of the existing site, the landscape edge of the small village and the wider surrounding countryside. It is also acceptable in terms of its impact on neighbouring amenity, protected species and their habitats, existing landscape features across the site, drainage and highways safety.
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9.2 |
Abbreviated versions of the recommended conditions are listed below and shown in full in the Appendix. |
10.0 |
RECOMMENDATION
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Grant Planning Permission subject to the following conditions: |
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1 : Time Limit - Variation of Condition 2 : Approved plans * 3 : Levels (details required) 4 : Surface Water Drainage implementation 5 : Foul Water drainage implementation 6 : Ecology - Biodiversity Management Plan (details required) 7 : Integrated Biodiversity Enhancements (prior to slab level) 8 : Landscaping (incl hardsurfacing and boundary treatment) 9 : Energy Statement Verification 10 : Tree protection (implementation as approved) 11 : Wildlife Protection (construction phase as approved) 12 : First floor windows and rooflights (specified cill level) 13 : Materials as on plan 14 : Natural stonework - traditional construction 15 : Rooflights (flush fitting) 16 : Cycle Parking Facilities 17 : New vehicular access * 18 : Vision splay protection * 19 : Parking & Manoeuvring Areas Retained * 20 : Electric Vehicles Charging Point (implementation) 21 : Domestic Solar panels 22 : Unsuspected Contaminated Land Condition 23 : INFORMATIVE - Drainage 24 : INFORMATIVE - Works within the Highway 25 : UNIQUE INFORMATIVE - Highways 26 : EPS Licence Informative 27 : INFORMATIVE - Towersey Neighbourhood Plan policies
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Officer: Caitlin Phillpotts
Email: Planning@southoxon.gov.uk
Tel: 01235 422600
Appendix
Recommended Conditions (full text):
Sequence |
Description |
Details |
1 |
Time Limit - Variation of Condition |
The development to which this permission relates must be begun not later than 9 November 2026.
Reason: By virtue of Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004. |
2 |
Approved plans * |
That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans, 21_032-P03-A, TW-80 T1, 21_032-P02-B, 21_032-P01-A, 21_032-P06-D, 21_032-P07-D, 21_032-C01, 21_032-L01, 43486-1, 2698_CSD_ZZ_DR_S_SBL_00-90_C3, 2698_CSD_ZZ_DR_S_SBL_00-91_C2, 2698_CSD_ZZ_DR_S_SBL_00-92_C2, 2698_CSD_ZZ_DR_S_SBL_00-93_C2, 21-032-INFO01, 21-032-INFO02, 21-032-INFO03, 21-032-INFO04, 21-032-INFO05 and 2698_CSD_ZZ_DR_S_SBL_00-94_C1, except as controlled or modified by conditions of this permission.
Reason: To secure the proper planning of the area in accordance with Development Plan policies. |
3 |
Levels (details required) |
Prior to the commencement of development detailed plans showing the existing and proposed ground levels of the site together with the slab and ridge levels of the proposed development, relative to a fixed datum point on adjoining land outside of the application site, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.
Reason: In the interests of the visual appearance of the development in accordance with Policies DES1 and DES2 of the South Oxfordshire Local Plan 2035. |
4 |
Surface Water Drainage implementation |
The surface water drainage scheme shall be implemented in strict accordance with the details set out in document Drainage Calculations ref 2698 CSD ZZ CIV P2.pdf (6Mb) and plans Drainage Layout Sheet 1 drwgno 2698 CSD ZZ DR S SBL 00-90 C3.pdf (401Kb), Drainage layout Sheet 2 drwgno 2698 CSD ZZ DR S SBL 00-91 C2.pdf (96Kb), Drainage layout Sheet 3 drwgno 2698 CSD ZZ DR S SBL 00-92 C2.pdf (62Kb), Drainage layout Sheet 4 drwgno 2698 CSD ZZ DR S SBL 00-93 C2.pdf (318Kb), OCC Ordinary Watercourse Land Drainage Consent ref S001 05 2024.pdf (126Kb) and Drainage layout Sheet 5 drwgno 2698_CSD_ZZ_DR_S_SBL_00-94_C1 prior to the occupation of the development hereby approved.
Reason: To ensure the proper provision of surface water drainage and to ensure flooding is not exacerbated in the locality in accordance with Policy EP4 of the South Oxfordshire Local Plan 2035. |
5 |
Foul Water drainage implementation |
The foul water drainage scheme shall be implemented in strict accordance with the details set out in document Drainage Calculations ref 2698 CSD ZZ CIV P2.pdf (6Mb) and plans Drainage Layout Sheet 1 drwgno 2698 CSD ZZ DR S SBL 00-90 C3.pdf (401Kb), Drainage layout Sheet 2 drwgno 2698 CSD ZZ DR S SBL 00-91 C2.pdf (96Kb), Drainage layout Sheet 3 drwgno 2698 CSD ZZ DR S SBL 00-92 C2.pdf (62Kb), Drainage layout Sheet 4 drwgno 2698 CSD ZZ DR S SBL 00-93 C2.pdf (318Kb), OCC Ordinary Watercourse Land Drainage Consent ref S001 05 2024.pdf (126Kb) and Drainage layout Sheet 5 drwgno 2698_CSD_ZZ_DR_S_SBL_00-94_C1 prior to the occupation of the development hereby approved.
Reason: To ensure the proper provision of foul water drainage and to ensure flooding and pollution is not exacerbated in the locality in accordance with policy EP4 of the South Oxfordshire Local Plan 2035. |
6 |
Ecology - Biodiversity Management Plan (details required) |
Prior to the commencement of the development above slab level a Biodiversity Management Plan (BMP) shall be submitted to and approved in writing by the Local Planning Authority, which shall provide full details of how biodiversity will be implemented, managed and monitored for a minimum 30 year period.
Reason: To protect the important species and secure biodiversity enhancements on the site, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035. |
7 |
Integrated Biodiversity Enhancements (prior to slab level) |
Prior to the commencement of the development above slab level an Ecological Enhancement Plan (EEP) outlining specifications, position, height, orientation and locations of bird and bat boxes, swallow nesting feature, ecological landscape planting and hedgehog highways, shall be submitted to and approved in writing by the local planning authority. The scheme shall be designed in conjunction with a suitably qualified ecologist and bird/bat boxes shall be integrated into the fabric of the development. All ecological mitigation and enhancement features shall be delivered on site prior to first use and retained as such thereafter. Any variation shall be agreed in writing by the Local Planning Authority before such change is made.
Reason: To secure biodiversity enhancements onsite, in accordance with Policy ENV3 of the South Oxfordshire Local Plan 2035. |
8 |
Landscaping (incl hardsurfacing and boundary treatment) |
Prior to the construction of any development above slab level a scheme for the landscaping of the site, including the planting of live trees and shrubs, the treatment of the access road and hard standings, and the provision of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. These details shall include schedules of new trees and shrubs to be planted (noting species, plant sizes and numbers/densities), the identification of the existing trees and shrubs on the site to be retained (noting species, location and spread), any earth moving operations and finished levels/contours, and an implementation programme. The scheme shall be implemented prior to the first occupation or use of development and thereafter be maintained in accordance with the approved scheme. In the event of any of the trees or shrubs so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree or shrub or equivalent number of trees or shrubs, as the case may be, of a species first approved by the Local Planning Authority, shall be planted and properly maintained in a position or positions first approved in writing by the Local Planning Authority.
Reason: To help to assimilate the development into its surroundings in accordance with Policies ENV1, DES1 and DES2 of the South Oxfordshire Local Plan 2035. |
9 |
Energy Statement Verification |
Prior to first occupation, all carbon reduction energy efficiency measures shall be implemented in accordance with the Energy Statement hereby approved and a Verification Report shall be submitted to the Local Planning Authority and approved in writing. The Verification Report shall demonstrate (with photographic evidence) that the energy efficiency measures have been implemented. These measures shall be retained and maintained as such thereafter in accordance with the Energy Statement and Verification Report.
Reason: To ensure high standards of sustainable design and construction in accordance with Policy DES10 of the South Oxfordshire Local Plan 2035. |
10 |
Tree protection (implementation as approved) |
The tree protection details as set out within the report produced by Venners Arboriculture dated July 2023 hereby approved shall be put in place prior to any on site works including demolition and thereafter retained in situ for the duration of development.
Reason: To safeguard trees which are visually important in accordance with Policies ENV1, DES1, and DES2 of the South Oxfordshire Local Plan 2035. |
11 |
Wildlife Protection (construction phase as approved) |
The construction of the development, including demolition should be undertaken in strict adherence with Sections 6.2.1, 6.3.1, 6.3.3, 6.3.4.3, 6.3.4.6 and 6.3.5 of the PEA report (Windrush Ecology, August 2023). Any variation shall be agreed in writing by the Local Planning Authority before such change is made.
Reason: To protect the important species on the site, in accordance with Policies ENV2 and ENV3 of the South Oxfordshire Local Plan 2035. |
12 |
First floor windows & rooflights (prevention of overlooking) |
The first floor windows and rooflights in the northeast elevations of the dwellings across plots 1 and 2 hereby permitted shall be glazed in obscure glass with a minimum of level 3 obscurity, and shall be fixed shut below 1.7 metres from finished floor level of the rooms in which they are to be inserted prior to the first occupation of the accommodation and it shall be retained as such thereafter.
Reason: To ensure that the development is not unneighbourly in accordance with Policy DES6 of the South Oxfordshire Local Plan 2035. |
13 |
Materials as on plan |
The exterior of the development hereby permitted shall only be constructed in the materials specified on the plans and supporting documents hereby approved or in materials which shall previously have been approved in writing by the Local Planning Authority.
Reason: In the interests of the visual appearance of the development in accordance with Policies DES1 and DES2 of the South Oxfordshire Local Plan 2035. |
14 |
Natural stonework - traditional construction |
The natural stone on the exterior of the development hereby permitted shall be constructed using Natural Cotswold Stone, individually laid as part of the construction or in details which shall first have been submitted to and agreed in writing by the Local Planning Authority.
Reason: In the interests of the visual appearance of the development in accordance with Policies DES1 and DES2 of the South Oxfordshire Local Plan 2035. |
15 |
Rooflights (flush fitting) |
The rooflights hereby approved shall be set flush with the plane of the roof in which they are to be inserted.
Reason: In the interests of the visual appearance of the development in accordance with Policies DES1 and DES2 of the South Oxfordshire Local Plan 2035. |
16 |
Cycle Parking Facilities |
Cycle parking facilities shall be provided prior to the occupation of the development hereby approved, in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority and retained as such unless otherwise agreed in writing by the Local Planning Authority.
Reason: To encourage the use of cycles as a means of transport in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035. |
17 |
New vehicular access |
Prior to occupation of the development hereby permitted the proposed means of access onto 'Chinnor Road', is to be formed and laid out and constructed strictly in accordance with the local highway authority's specifications and all ancillary works specified shall be undertaken.
Reason: In the interest of highway safety in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035 |
18 |
Vision splay protection * |
The vision splays shown on drawing no. 21_032 - P02 - B, shall not be obstructed by any object, structure, planting or other material with a height exceeding or growing above 0.9 metres as measured from carriageway level, unless otherwise first agreed in writing by the Local Planning Authority.
Reason: In the interest of highway safety in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035. |
19 |
Parking & Manoeuvring Areas Retained * |
Prior to the first occupation of the development, hereby approved, the parking and turning areas shall be provided in accordance with drawing no. 21_032 - P02 - B, and shall be constructed, laid out, surfaced, drained and completed to be compliant with sustainable drainage (SuDS) principles, and shall be retained unobstructed except for the parking of vehicles associated with the development at all times.
Reason: In the interests of highway safety and in accordance with Policy TRANS5 of the South Oxfordshire Local Plan 2035. |
20 |
Electric Vehicles Charging Point (implementation) |
Prior to the first occupation of the development hereby approved, an Electric Vehicle Charging Point shall be installed for each dwelling and thereafter retained as such.
Reason: To ensure sustainable forms of transport in accordance with Policies TRANS5, ENV12 and EP1 of the South Oxfordshire Local Plan 2035. |
21 |
Domestic Solar panels |
The solar PV equipment hereby approved shall not protrude more than 0.2 metres beyond the plane of the wall / roof slope when measured perpendicular to the external surface of the wall / roof slope; and shall be removed as soon as reasonably practicable when no longer required.
Reason: In the interests of the visual appearance of the development in accordance with Policies DES1 and DES2 of the South Oxfordshire Local Plan 2035. |
22 |
Unsuspected Contaminated Land Condition |
The developer shall confirm in writing to the Local Planning Authority the presence of any unsuspected contamination encountered during the development. In the event of any contamination to the land and/or water being encountered, no development shall continue until a programme of investigation and/or remedial works to include methods of monitoring and certification of such works undertaken. Where land contamination investigation/remedial works are required this must be carried out by a competent person in accordance with current government and Environment Agency Guidance and Approved Codes of Practice such as Land Contamination: Risk Management 2020 and BS10175:2011 +A2:2017 'Investigation of potentially contaminated sites' and submitted to and approved in writing by the local planning authority.
Reason: To ensure that any ground, water and associated gas contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use in accordance with Policy ENV11 of the South Oxfordshire Local Plan 2035. |
23 |
INFORMATIVE - Drainage |
The proposed access will require S23 Land Drainage Consent from SODC |
24 |
INFORMATIVE - Works within the Highway |
If works are required to be carried out within the public highway, the applicant is advised not to commence such work before formal approval has been granted by Oxfordshire County Council by way of either:
· a Section 184 Notice under the Highways Act 1980, or · a s278 legal agreement between the applicant and Oxfordshire County Council
Contact: OCC Licencing & Streetworks Team: LicensingandStreetworksTeam@Oxfordshire.gov.uk. OCC Road Agreements Team: RoadAgreements@Oxfordshire.gov.uk |
25 |
UNIQUE INFORMATIVE - Highways |
· It is an offence under Section 151 of the Highways Act 1980 for vehicles leaving the development site to carry mud onto the public highway. Facilities should therefore be provided and used on the development site for cleaning the wheels of vehicles before they leave the site.
· No vehicles associated with the building operations on the development site shall be parked on the public highway so as to cause an obstruction. Any such obstruction is an offence under Section 137 of the Highways Act 1980. |
26 |
EPS Licence Informative |
Your attention is drawn to the need to obtain a European Protected Species (EPS) Licence before certain development or demolition works can proceed. You must be aware that to proceed with the development without first obtaining an EPS Licence could result in prosecution. |
27 |
INFORMATIVE - Towersey Neighbourhood Plan policies |
Towersey Neighbourhood Plan policies
TOW1 - Village boundaries and infill development TOW2 - Housing mix TOW3 - Climate change mitigation - zero carbon buildings TOW4 - Design TOW7 - Green infrastructure and biodiversity TOW9 - Managing Traffic TOW10 - Supporting water infrastructure |