Agenda item

Public Participation

• Mr Reed, local resident, spoke in objection to the application

• Mr Pomeroy, local resident, spoke in objection to the application

• Mr Smyth, local resident , spoke in objection of the application

• Mr Carpendale, Planning Consultant, spoke in support of the application

• Mr Carver, Highways Consultant, spoke in support of the application

 

 

The Area Team Leader introduced the report which recommended approval, subject to conditions. He explained that the planning application was for the demolition of 66 Damask Way and the erection of 23 dwellings (outline application with details of the means of access to be approved at this stage).  Members noted that since the preparation of the report an additional 5 letters of objection had been received.

 

Members of the Committee were informed that the application had received a great deal of local objection.  The site was within the current and projected town boundary limits, there were no supported highway concerns in terms of safety and capacity issues, there was no detrimental impact on the immediate landscape, the setting of the town or the nearby and important biodiversity habitats and the proposal would delivery an improved landscape setting at the edge of town.

 

Members then raised a number of technical issues in relation to the emergency access and the width of the access road and West Wiltshire District Plan policy C4 – landscape setting.

 

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

 

The local members, Councillors Keith Humphries and Andrew Davis, then spoke to the application. In particular they raised issues relating to the width of roads in the immediate area to take extra traffic movements, Kingdown School children walk past Damask Way on their way to and from school, severe concerns about the access to Damask Way, and the suitability of the emergency access to serve the site.

 

The Committee then considered the application and debated a number of issues. A concern was raised that there was insufficient detail supplied by the applicant to support an outline application of the scale proposed, that archaeological survey results were needed in advance:- that there could be an unacceptable impact on the River Avon and that insufficient highway analysis had been carried out.  Officers confirmed that there were no longer any objections from Natural England or the county archaeologist and that the information required to determine the application had been supplied by the applicants.

 

Resolved:

 

That the Area Development Manager be authorised to grant planning permission for this development in the event of a S106 Agreement being completed to secure the following:

 

An index linked education contribution towards 7 primary places (£12,713) per place and 5 secondary places (£19,155 per place)

 

An off-site leisure facilities contribution of £16,024 towards the upgrade of the tennis pavilion in Warminster Park

 

An offsite open space/play contribution of £15,297 towards the upgrade of the skate park in Warminster Park

 

A contribution of £6900 towards a creative arts programme

 

For the following reason(s):

 

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 and deliver a sustainable scheme which is in accordance with the Development Plan.

 

Subject to the following conditions

1       The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

          REASON:  To comply with the provisions of Section 92 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 details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

 

          (a)                          The scale of the development;

          (b)                          The layout of the development;

          (c)                          The external appearance of the development;

          (d)                          The landscaping of the site.

 

          The development shall be carried out in accordance with the approved details.

 

          REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

 

3       An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

          REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

4       Notwithstanding that this is an outline application with the scale and layout of the development for subsequent approval, the dwellings hereby permitted shall be of single/two storey construction only and shall not exceed the parameters referred to in the submitted Design and Access Statement, the layout shall be generally in accordance with the illustrative plan indicated on drawing 07179-2D and the development shall include the strategic landscape buffer as generally indicated on drawing 271/P5 included within the Landscape and Visual Appraisal.

 

          REASON: In the interests of amenity having regard to the characteristics of the site and surrounding development.

 

          POLICY: West Wiltshire District Plan 1st alteration 2004 – H1, C4 & C32

          The National Planning Policy Framework

 

5       No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

          REASON: In the interests of visual amenity and the character and appearance of the area.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – C31a

 

6       No development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details.

 

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

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 - H1 & C31a

 

 

7       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: West Wiltshire District Plan 1st Alteration – H1 & C31a

 

8       No development shall commence on site until details of the permanent closure of the emergency access to all vehicular traffic other than for emergency use only have been submitted to and approved in writing by the Local Planning Authority. The closure shall take place in accordance with the approved details prior to the occupation of the development and shall be retained in perpetuity and the access shall not be used other than for emergency purposes at any time. 

 

          REASON: In the interests of highway safety.

 

9       No development shall commence until a surface water drainage scheme for the site based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, and generally in accordance with the Foul and Surface Water Drainage Assessment (submitted August 2012) has been submitted to and approved in writing by the Local Planning Authority. The development shall subsequently be implemented in accordance with the approved details before the development is completed or first occupied.

 

          REASON: To prevent the risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – U2

          National Planning Policy Framework

 

10     No development shall commence on site until details of the works for the disposal of sewerage have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

          REASON: To ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

11     No development shall commence on site until details of all 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 (which shall not exceed existing site levels), and the nature and source of the material, showing the relationship of proposed mounding to existing vegetation and surrounding landform. The development shall not be [occupied/first brought into use] until such time as the earthworks have been carried out in accordance with the details approved under this condition.  

 

          REASON: To ensure a satisfactory landscaped setting for the development.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – C4 & 32

 

12     No development shall commence on site until a scheme of hard and soft landscaping for both the development site and the strategic landscape area has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

•        the precise boundaries of the proposed strategic landscape area to the east of the development site

•        location and current canopy spread of all existing trees and hedgerows on the land;

•        full details of any to be retained, together with measures for their protection in the course of development;

•        a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

•        finished levels and contours;

•        means of enclosure;

•        car park layouts;

•        other vehicle and pedestrian access and circulation areas;

•        all hard and soft surfacing materials;

•        minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

•        proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

•        retained historic landscape features and proposed restoration, where relevant.

 

          REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

          POLICY: West Wiltshire District Plan 1st alteration 2004 – C4 & C32

 

13     All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner. All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

          REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – C4 & C32

 

14     Notwithstanding the above requirements, the development hereby permitted shall be carried out as specified in the submitted and approved Arboricultural Method Statement, Tree Constraints and Protection Plan (Tree Research) and shall be supervised by an arboricultural consultant.

 

          REASON: In order that the local planning authority may be satisfied that the trees to be retained on site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – C32

 

15     A pre-commencement site meeting shall be held and attended by the developer's arboricultural consultant, the designated site foreman and a representative from the local authority to discuss details of the proposed work and working procedures prior to any demolition, site clearance and any development.  Subsequently, and until the completion of all site works, site visits shall be carried out on a monthly basis by the developer's arboricultural consultant.  A report detailing the results of site supervision and any necessary remedial works undertaken or required shall be submitted to and approved in writing by the local planning authority.  Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant following that approval.

 

          REASON: In order that that Local Planning Authority may be satisfied that the trees to be retained on site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – C32

 

16     Notwithstanding the requirements of condition 12, no development shall commence on site until a detailed landscape strategy for the strategic landscaped area is submitted to and approved in writing by the local planning authority.  This strategy shall include full detailed landscape plans, all details of proposed planting, proposed land uses, measures to reduce and/or manage recreational pressure on existing biodiversity habitats, long-term design objectives for the area, management responsibilities and maintenance schedules.  The strategy shall be carried out as approved in accordance with the approved details.

 

          REASON: To ensure the proper management of the landscaped areas in the interests of visual amenity and biodiversity.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 - C32

          National Planning Policy Framework

 

17     No development shall commence on site until details of any screen and boundary walls and/or fences have been submitted to and approved in writing by the Local Planning Authority.  The screen walls and/or fences shall be erected in accordance with the approved details prior to the occupation of the dwellings hereby permitted and shall be retained and maintained as such at all times thereafter.

 

          REASON: To prevent overlooking & loss of privacy to neighbouring property.

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – C31a & C38

18     No demolition works at 66 Damask Way shall be commenced or carried out contrary to the recommendation detailed in the approved Daytime Bat and Nesting Bird Survey Report (Sedgehill Ecology Services July 2012) for an update inspection of the building in the event of a 12 month time lapse prior to demolition.  Any update survey shall be submitted to and approved in writing by the local planning authority and the development carried out in accordance with the measures and/or timetable detailed in that survey.

 

          REASON: To mitigate against the loss of existing biodiversity and nature habitats.

 

          National Planning Policy Framework

 

19     Prior to the commencement of any development, a Construction Method Statement shall be submitted to the local planning authority for written approval.  The method statement shall provide details of the measures that will be implemented during the construction phase to prevent any harm or injury to protected species (namely reptiles, breeding birds and badgers). Development shall be carried out in full accordance with the method statement.

 

          REASON: To mitigate the loss against existing biodiversity and nature habitats

 

          National Planning Policy Framework

 

20     There shall be no lighting installed along the emergency access road.

 

          REASONS: In the interests of visual amenity and biodiversity

 

          POLICY: West Wiltshire District Plan 1st Alteration 2004 – C38

          National Planning Policy Framework

 

21     No development shall commence within the area indicated until:

 

a)      A written programme of archaeological investigation, 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; and

 

b)      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.

 

          National Planning Policy Framework

 

22     The development hereby permitted shall be carried out in accordance with the following approved plans:

 

          Dwg 07179-3 received 13.04.2012

          wg 7179-2D received 13.04.2012

          Dwg LDS/11200-TP1 received 13.04.2012

          Dwg LDS/11200-TP2 received 13.04.2012

          Dwg LDS/11200-TP3 received 13.04.2012

          Dwg IMA-10-088 Plan 5 received 13.04.2012 (IMA Transport)

          Dwg IMA-10-088 Plan 6 received 13.04.2012 (IMA Transport)

          Dwg IMA-10-088 Plan 004 received 04.07.2012 (IMA Transport)

          Dwg IMA-10-088 Plan 005 received 04.07.2012 (IMA Transport)

          Dwg 271/P5 received 13.04.2012 (Enderby Associates)

 

          REASON: To ensure the development is carried out in accordance with the plans that have been judged to be acceptable by the loca planning authority.

 

Informative(s):

 

1       Further to the requirements of condition 6, and for the avoidance of doubt, the applicant is advised that:

 

          This permission includes the construction of the access as indicated on the submitted plans (IMA-10-088 Plan 5, 004 and 005) with the internal layout of the road network for approval at the reserved matters stage.  Required details at that stage shall include, but not be limited to, long and cross sections for the internal road network.

 

          Parking levels are required to comply with the Wiltshire Parking Strategy; for garages to be considered as part of the parking provision, the internal dimensions must be a minimum of 3m wide and 6m deep with a minimum opening/door width of 2.1m.

 

          As a shared surface access road is proposed, an entry treatment should be included at the transition.

 

          Access details for nos 63, 64 and 65 Damask Way will need to be provided.

 

2       Further to the requirements of condition 9 and other drainage matters, the applicant is advised to consult with the Environment Agency with regard to:

 

          Any outflow which must be limited to greenfield run off rates and discharged incrementally for all return periods up to and including the 1 in 100 year storm

 

          The surface water drainage system which must incorporate enough attenuation to deal with run-off up to a 1 in a 100 year flood event including an allowance for climate change; drainage calculations must be included.

 

          Overland flood flow routes and collection areas which must be shown on a drawing using CIRIA good practice guide (C635)

 

          The adoption and maintenance of the drainage system

 

          The use of a sustainable drainage approach to surface water management (SUDS)

 

          Flood Defence Consent which is required for any proposed works in, under, over or within 8 metres of the top of the bank of the Swan River (01278 484603)

 

          Safeguards during construction to minimise the risk of pollution to the water interests in and around the site including the use of machinery, storage of oils and chemicals, the routing of heavy vehicles, the location of work and storage area and the control of spoil and wastes

          www.environment-agency.gov.uk/business/topics/pollution/39083.aspx

 

3       Further to the requirements of conditions 9 and 10, the applicant is advised to consult with Wessex Water in respect of:

 

          Connections to the water supply which will require an off site mains extension at the developer’s cost.

 

          The discharge of storm water to the water course to the northeast which will require the land drainage authority’s permission.

 

          Connections to the public sewer, the impact of foul flows on the downstream pumping station, works and/or contributions to provide additional storage at the pumping station and any other required improvements; these will require a S104 Adoption Agreement.

 

          Asset protection in respect of the existing water main in Damask Way which may need to be lowered at the new entrance; any new storm sewer to the water course to the northeast which may clash with an existing foul pumping main and foul sewer; sealing off water and sewer connections to no 66 Damask Way

 

          ‘Sewers for Adoption’ 7th Edition incorporating a new mandatory National Build Standard (NBS) for all new foul sewers and lateral drains and a signed S104 Adoption Agreement with the water company.

  

4       Further to the requirements of condition 17, it is expected that proposed boundary treatments along the rear/side garden areas of Nos 65 and 67 Damask Way and adjacent to the proposed access road are of appropriate height and design and of solid construction to minimise noise nuisance and overlooking.

 

5       Further to the requirements of condition 21, the work shall be conducted by a professional archaeological contractor and there will be a financial implication for the applicant.