Decision details

The planning officer introduced the application to the Committee with the assistance of a slide presentation.

The Committee were addressed by Cllr Redman in opposition to the application.  His comments included:-

•                 That the application details available online were poor and that important details were wrong or misleading.

•                 His concerns over the party wall between the two properties.

•                 Concerns over overlooking, parking provision and highway safety.

Cllr Redman then left the room.

The Committee were addressed by the Applicant.  Their comments included:

•                 That the report concludes that the proposal would have no adverse impact on the impact on the character of the area or teh amenity of the neighbouring residents.

•                 That the existing structure did need to be replaced as it could not be occupies, was an eyesore and devalued neighbouring properties.

•                 As they would not be doing the works, conditions could be attached to ensure the neighbours rights are protected.

In response to questions from Members, the Planning Officer advised that the Part Wall Act was a civil act that sat outside of planning and that the demolition of the building would fall under the remit of Building Control.

Members felt that that the proposal was in character with the area and that there would be no issues with overshadowing or overlooking. Consequently, and it was proposed by Cllr Filmer and seconded by Cllr Bolt that the application be approved subject to the conditions in the Planning Officer’s recommendation outlined in the report. On being put to the vote the proposal was carried unanimously.

RESOLVED:

To Grant Permission subject to the conditions below:

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.           

Reason: In accordance with the provisions of 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 permitted shall be carried out in accordance with the approved plans listed in schedule A.

Reason: For the avoidance of doubt and in the interests of proper planning.

3 The dwelling hereby approved shall not be occupied until the windows in the south elevation are fitted with obscure glazing. The windows shall remain obscured for all times thereafter.

Reason: To safeguard the privacy of the neighbour property in accordance with Policy D25 of Sedgemoor District Council Local Plan.

4 Prior to the installation of any external lighting, a “lighting design for bats” shall be submitted to and approved in writing by the local planning authority. The strategy shall show how and where external lighting will be installed (with the provision of technical specifications and operation) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bat species using their territory or resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the design, and these shall be maintained thereafter in accordance with the design. No external lighting other than those approved under the lighting design for bats shall be installed without the prior written consent from the local planning authority.

Reason: In the interests of the Favourable Conservation Status of local populations of European protected species in accordance with Sedgemoor Local Plan 2011-2032 Policy D20.

5 Works will not in any circumstances commence until:

a) Construction and demolition operatives have been inducted by a licensed bat ecologist to make them aware of the possible presence of bats, their legal protection and of working practices to avoid harming bats. Written confirmation of the induction will be submitted to the Local Planning Authority by the licensed bat ecologist within one week of the toolbox talk

b) An improved cavity bat box or similar, to accommodate any discovered bat(s), will be hung on a suitable tree or building on or adjacent to the site at a minimum height of 4 metres as directed by a licensed bat ecologist. Any such box will be maintained in-situ thereafter; and

c) Works potentially affecting bats will then proceed under the supervision of the licensed bat ecologist.

Reason: A pre-commencement condition is required to ensure the strict protection of European protected species and in accordance with policy D20 of the Sedgemoor Local Plan 2011-2032.

6 Prior to first occupation of the dwelling hereby approved, the following biodiversity enhancement(s) will be installed at the site:

 2x established shrub to be planted on site which must be high nectar producing to encourage a range of invertebrates to the site, to provide continued foraging for bats. The shrubs must also appeal to night-flying moths which are a key food source for bats. The Royal Horticultural Society guide, "RHS Perfect for Pollinators, www.rhs.org.uk/perfectforpollinators" provides a list of suitable plants both native and non-native plants

Installation of 2x standard bird boxes purchased or built, situated on a mature tree on site or appropriately positioned on the proposed works, at a height above 3m

At least 1x refugia piles (e.g. log piles) as a shelter for reptiles, amphibians and small mammals constructed within the boundary of the site

Once installed, the biodiversity enhancement(s) shall thereafter be retained.

Reason: In accordance with Government policy for the enhancement of biodiversity within development as set out in paragraph 174(d) of the National Planning Policy Framework and Sedgemoor Local Plan 2011-2032 policy D20.

Schedule A 

Location Plan Drg No. p2cuk/590280/800346

Existing Site & Roof Plan Drg No. 1909-S-01 Rev. A

Existing Ground Floor Plan Drg No. 05 Rev. A

Existing Elevations Drg No. 06 Rev. A

Proposed Site & Roof Plan Drg No. 1909-PL-01 Rev. B

Proposed Ground & First Floor Plans Drg No. 1909-PL-02

Proposed Elevations Drg No. 04 Rev. A