Agenda item

Public Participation

Sandra Jenkins, spoke in objection to the application.

Duncan Briggs spoke in objection to the application.

Michael Walker spoke in objection to the application.

Andy Barron spoke in support of the application.

John Drewitt spoke in support of the application.

Cllr Joe Rooney, Salisbury City Council, spoke in objection to the application.

 

 

The Planning Officer presented a report which recommended approval. Key issues were detailed as contained in the agenda. Attention was drawn to the late list of observations provided at the meeting, and which are attached to these minutes.

 

The Committee then had the opportunity to ask technical questions of the officers. Details were sought regarding the gate access at the north end of the site, along with information regarding the footpath to the nearby school, the materials to be used on the site, fence lines and play area.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local Member, Councillor Richard Clewer, then stated he supported the principle of the development, but that various details of the scheme still required additional work for it to be suitable for approval.

 

A debate followed, where access to the neighbouring school was discussed, along with problems with parking in Highbury road to the north, and whether the northern gate could be removed to prevent further congestion in that area. The route of the path to the south of the site was debated, and the distance from the path to the houses, and from the proposed houses to existing properties, was raised.

 

At the conclusion of debate, it was,

 

Resolved:

 

To delegate for officers to approve pending negotiation to secure amendments as follows with agreement of the Chair and the two ward councillors. Those amendments being –

 

1)    A safe and secure access to the primary school/nursery

2)    A ramp to be provided at the southern end of the site in addition to/instead of the steps

3)    A separate pedestrian route from the development to Highbury Avenue at the Southern end of the site.

4)    Bricking/blocking up the Northern pedestrian entrance

 

 

And subject to the following reasons and conditions subject to the applicant entering into a legal agreement in respect of the following matters:

 

1)       Education:  a contribution towards additional primary school places that will be required as a result of the development;

2)       Affordable Housing:  provision of 40% on-site affordable housing through a registered provider (amounting to 24 units);

3)       Open space/play space: 

Youth and adult off site open space contribution;

Public open space maintenance sum;

LAP and Trim Trail Maintenance Sum;

4)       Bins/Waste Storage:  contribution;

5)       Wessex Stone Curlew Project:  contribution;

6)       Public art:  contribution;

7)       Highways:  core strategy contribution:

 

For the following reasons:

 

The redevelopment of this ‘brownfield’, former school site which has been unused for a number of years will result in 60 residential units including 24 affordable units which will contribute to both the private and affordable housing stock in Salisbury and help to meet the Council’s key housing targets as set out in core policies 3 and 6 of the South Wiltshire Core strategy.

 

The development provides for both on and off site open space, play areas, public art and highways contributions in line with policies R2, D8 and G9 of the Salisbury District Local Plan which are saved policies of the South Wiltshire Core Strategy.  The development is not considered to have a significant adverse effect on the amenities of surrounding residents and as such is considered to be a complimentary development to the existing housing stock in the area.

 

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic, social and environmental conditions of the area.

 

Subject to the following Conditions:

 

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

 

REASON:  To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2)    No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i)          A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination.  The report shall confirm whether or not it is likely that contamination may be present on the site.

Step (ii)         If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority. 

 

Step (iii)        If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

REASON:  To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

Policy G2 (vii)

 

3)    The construction of the development hereby permitted (including deliveries to and from the site) shall only take place between the hours of 7.30 in the morning and 18.00hours in the evening from Mondays to Fridays and between 8.00 in the morning and 13.00 hours in the afternoon on Saturdays. Construction shall not take place at any time on Sundays and Bank or Public Holidays.

 

REASON: To ensure the retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

4)    No development shall commence on site until a scheme for the amelioration of the effects of road traffic noise on the future occupants of the proposed development has been submitted to and approved in writing by the local planning authority.  Such scheme as approved shall be implemented prior to the habitation of any part of the development.

 

REASON: In order to ensure that houses facing Highbury Avenue are properly insulated against noise.

 

Policy G2 (vi)

 

5)    No development shall commence within the area indicated (proposed development site) until:

 

A written programme of phased archaeological investigation and mitigation as outlined  in paragraphs 6.4 and 6.5 of the desk based assessment produced by CGMS and dated November 2011, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority;

 

The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON:  To enable the recording of any matters of archaeological interest.

 

Policy CN21

 

6)    No development shall commence until a surface water management scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development as set out in the FRA prepared by Hydrock Final Report dated May 2012, has been submitted to and approved in writing by the local planning authority. The scheme shall include pollution prevention measures. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The details shall also include specification of how the scheme shall be maintained and managed after completion.

 

REASON: To prevent the increased risk of flooding, ensure future maintenance of the surface water drainage system, and prevent pollution of controlled waters.

 

Policy: NPPF and the NPPF Technical guidance

 

7)    Infiltration systems shall only be used where it can be demonstrated that they will not pose a risk to groundwater quality.

 

REASON: To ensure the protection of controlled waters, in particular groundwater beneath the site, given the site's proximity to a potable ground water abstraction.

 

Policy: NPPF and the NPPF Technical guidance.

 

8)    No development approved by this permission shall be occupied or brought into use until a scheme for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved by the Local Planning Authority. The approved drainage works shall be completed and maintained in accordance with the details and timetable agreed.

 

REASON: To ensure adequate adoption and maintenance and therefore better working and longer lifetime of surface water drainage schemes.

 

Policy: NPPF and the NPPF Technical guidance

 

9)   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 a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

 

REASON: To ensure that any previously unidentified contamination which is subsequently found on site is dealt with appropriately to ensure the protection of controlled waters.

Policy G2 (viii)

 

10) No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning

Authority. The scheme shall be implemented in accordance with the agreed details.

 

REASON: In the interests of sustainable development and prudent use of natural resources.

 

Policy G3

 

11) No development approved by this permission shall be commenced until a Construction Environmental Management Plan, incorporating pollution prevention measures, has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

 

REASON: To prevent pollution of the water environment

 

Policy G2 (Viii)

Policy- G2 General Policies

 

12) The details of all lighting proposed including street lighting, lighting for footpaths, communal parking areas and the employment land including the intensity of the lighting and design for light column shall be submitted to and approved in writing by the Local Planning Authority prior to the development of each phase of development, and the works shall subsequently accord with the approved scheme.

 

REASON: To ensure that the lighting scheme respects the overall design qualities from the development.

 

Policy G2 (Viii)

 

13) No development within each subsequent reserved matters submission shall take place until full details of the requirements of that reserved matters submission site in terms of both hard and soft landscape works, to include the phasing of implementation, have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved prior to the first use of the development hereby permitted. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle or pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units signs, lighting etc); proposed and existing functional services above and below ground (eg. Drainage, power, communications cables, pipelines etc, indicating lines, manholes, supports etc) retained historic landscape features and proposals for restoration where relevant).

 

REASON:  To enable the Local Planning Authority to secure a satisfactory standard of design and implementation for the landscaping of the proposed development, in the interests of visual amenity.

 

Policy G2 (iv)

 

14) No development within each subsequent reserved matters submission shall take place until details of the requirements of that reserved matters submission site in terms of earthworks have been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed showing the relationship of proposed mounding to existing vegetation and surrounding landform. Development shall be carried out in accordance with the approved details.

 

REASON: To enable the Local Planning Authority to ensure that the proposed earthworks will relate satisfactorily to existing features within the site and its surroundings in the interests of visual amenity.

 

Policy G2 (iv)

 

15) No works or development within each subsequent reserved matters submission shall take place until full details of the requirements of that reserved matters submission in terms of all proposed tree planting and the proposed times of planting, have been approved in writing by the Local Planning Authority and all tree planting shall be carried out in accordance with those details and at those times.

 

REASON: To ensure the satisfactory establishment of the approved scheme for the landscaping of the site.

 

Policy G2 (iv)

 

16) Before any development commences on site including site works of any description, all the existing trees to be retained shall be protected by a fence of a type and in a position to be approved by the Local Planning Authority, erected around each tree or group of trees. Within the areas so fenced, the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon. If any trenches for services are required within the fenced areas, they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 2 inches (60mm) or more shall be left unsevered.

 

REASON: In the interest of the amenity and the environment of the development.

 

Policy G2 (iv)

 

17) No development shall commence until full construction details of the internal road layout, including footways, drainage, visibility splays, parking, carriageway and driveway gradients have been submitted to and approved in writing by the Local Planning Authority.  The development shall be constructed in accordance with the approved details within 12 months of the occupation of the last dwelling.

 

REASON:  To ensure that the roads are laid out and constructed in a satisfactory manner.

 

Policy G2 (ii)

 

18)The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON:  To ensure that the development is served by an adequate means of access.

 

Policy G2 (ii)

 

19) Notwithstanding the provisions of Classes A-C inclusive of schedule 2 (Part 1) to the Town and Country Planning (General Permitted Development Order 1995, (or any Order revoking and re-enacting that Order with or without modification).  There shall be no extensions to the dwellings nor the erection of any structures within the curtilage unless otherwise agreed in writing by the Local Planning Authority upon submission of a planning application in that behalf.

 

REASON:  To enable the Local Planning Authority to ensure that sufficient space is retained around the dwellings in the interests of neighbourliness and amenity.

 

Policy D3

 

20) Prior to the first occupation of the dwellings hereby permitted details of the key pad gate into the development from the school footpath shall be provided to the local planning authority to show how access will be restricted to those who only live on the development. Such details as have been approved shall be implemented prior to the completion of the 50^th dwelling.

 

REASON:  To ensure the safety of children travelling to and from school to Highbury Avenue

 

21)The development hereby approved shall be carried out in accordance with the following plans and documents:

 

Site Location Plan

600-02 Site Layout rev AA

600-03 Materials Distribution Layout rev A

600-04 Affordable Housing Distribution Plan revC

600-05 Storey Heights Plan rev C

600-06 Street Scenes (Sheets 1 to 4) rev C

600-07 Boundaries & Enclosures Plan rev  C

600-08 Boundaries & Enclosures Details

600-09 Section across POS between proposed & existing flats rev A

600-10 Proposed Site Location Plan  rev A

600-11 Sections through site

650-01 Dwelling Design Pack rev  B

698-01 Flats 33-38 Elevations rev  A

698-02 Flats 33-38 Floor Plans rev A

699-01 Flats 39-47 Elevations rev A

699-02 Flats 39-47 Floor Plans

Supporting Planning Statement prepared by Woolf Bond Planning dated June 2012

Dwelling Design Pack design proposals August 2012 rev B

RPS Ecology report May 2012

Phase 1 Habitat survey  22^nd December 2011

Hydrock Flood Risk Assessment May 2012

Energy Statement Energist UK May 2012

DCA Salisbury Housing Mix Core Policy 6

ACD Arboricultural Implications Assessment 20/6/12

ACD Landscape Specification May 2012

ACD Landscape Management and Maintenance Plan May 2012

ACD Tree report 3^rd October 2011

RPS Highbury Avenue Design and Access statement  June 2012

Transport statement prepared by Odyssey consulting engineers. May 2012

Archaeological Desk Based Assessment prepared by CGMS and dated November 2011

Reconomy Site Waste Management Plan Dated 25^th July 2012

Statement of community involvement by Woolf Bond Planning dated May 2012

 

REASON: For the avoidance of doubt and in accordance with national guidance in the

interests of proper planning.

 

22) Prior to the first occupation of the dwellings hereby permitted details of the key pad gate into the development from the school footpath shall be provided to the council to show how access will be restricted to those who only live on the development. Such details as have been approved shall be implemented prior to the completion of the 50^th dwelling.

 

REASON: To ensure the safety of children travelling to and from school to Highbury Avenue

 

Informative

 

Retention of native trees on site is strongly advised particularly for the higher value

specimens. Where removal of trees and scrub is necessary the replanting of

replacement native species in appropriate places should be included in the plans. This will maintain, and potentially increase (if additional trees are planted) the biodiversity of the site.

 

Informative

 

The development should include water efficient systems and fittings. These should

include dual-flush toilets, water butts, water-saving taps, showers and baths,

and appliances with the highest water efficiency rating (as a minimum). Greywater

recycling and rainwater harvesting should be considered.

 

An appropriate submitted scheme to discharge the condition will include a water usage calculator showing how the development will not exceed a usage level of 105 litres per person per day.

 

Informative

 

Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover:

- the use of plant and machinery

- oils/chemicals and materials

- the use and routing of heavy plant and vehicles

- the location and form of work and storage areas and compounds

- the control and removal of spoil and wastes.

The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at:http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx.