Agenda item

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.

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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.

Applications for the approval of the reserved matters shall be in accordance with the principles and parameters described and identified in the Design and Access Statement and approved Parameter Plans. A statement shall be submitted with each reserved matters application which demonstrates that the application proposals comply with the Design and Access Statement or, where relevant, explaining why they do not.

REASON:  So as to provide certainty and clarify the expectations for the form of development to take place on the site.

Limits of permission

The residential element of the development hereby granted planning permission shall not exceed 750 dwellings.

REASON:  To define the limits of the planning permission and to set the maximum number of dwellings to be constructed on the application site.

No more than 12,710 sqm (gross) of employment floorspace [Use Classes B1, B2, B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification)] shall be constructed on the site pursuant to this planning permission.

REASON: To define the limits of the planning permission and to set the maximum amount of employment floor space to be constructed on the application site.

The total gross retail floorspace available for use by customers (excluding toilets and other ancillary facilities) of all premises falling within Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) shall not exceed 200 sqm.

REASON:  To define the limits of development and to ensure retail development on the site does not adversely impact upon the town centre.

Phasing

8.

As part of the first reserved matters application a phasing plan for the whole site shall be submitted to the local planning authority for approval in writing.  The phasing plan shall include details of the intended number of market and affordable dwellings for each phase of development together with general locations and phasing of key infrastructure, including surface water drainage, green infrastructure, community facilities and access for pedestrians, cyclists, buses and vehicles.  Development shall take place in complete accordance with the phasing plan so agreed.

REASON:  So as to ensure a balanced development for the benefit of future residents and Chippenham town as a whole.

Refuse and recycling

9.

No development shall commence on site until details of the storage of refuse, including details of location, size, means of enclosure and materials, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved refuse storage has been completed and made available for use and maintained in that condition thereafter in complete accordance with the approved details.

REASON: In the interests of public health and safety as well as effective and efficient refuse collection.

Tree protection

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As part of the first Reserved Matters application, an Arboricultural Impact Assessment, a Tree Retention and Removal Plan as well as an Arboricultural Method Statement shall be provided for the entire site.  Such documents shall show all retained trees with Root Protection Areas plotted so as to demonstrate the necessary alignment of utilities and drainage so as to retain and respect trees on the site.  Development shall take place in complete accordance with the details so agreed.

REASON: In the interests of securing a form of development that retains and respects existing trees on the site.

No operations shall commence on site in connection with the development until a scheme showing the position of protective fencing to enclose all retained trees and hedgerows in accordance with British Standard 5837: ‘2005: Trees in Relation to Construction’has been submitted to and approved in writing by the Local Planning Authority. Protective fencing must be erected in accordance with the approved plans and shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site.  Such fencing shall not be removed or breached during construction operations without prior written approval by the Local Planning Authority.

In this condition “retained trees” means an existing tree which is to be retained in accordance with the approved plans and particulars; the paragraphs above shall have effect until the expiration of five years from the completion of the development.

REASON: To prevent trees being retained from being damaged during the construction works, in the interest of visual amenity

Contamination

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No development shall commence on site (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition), until steps (i) to (iii) below have been fully complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until step (iv) has been complied with in full in relation to that contamination.

Step (i)         Site Characterisation:

An investigation and risk assessment must be completed to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings submitted to and approved in writing by the Local Planning Authority. The report of the findings must include:

A survey of the extent, nature and scale of contamination on site;

The collection and interpretation of relevant information to form a conceptual model of the site, and a preliminary risk assessment of all the likely pollutant linkages; If the preliminary risk assessment identifies any potentially significant pollutant linkages a ground investigation shall be carried out, to provide further information on the location, type and concentration of contaminants in the soil and groundwater and other characteristics that can influence the behaviour of the contaminants; An assessment of the potential risks to

·         human health,

·         property (existing or proposed) including buildings, crops,  

·         livestock, pets, woodland and service lines and pipes,

·         adjoining land,

·         groundwater and surface waters,

·         ecological systems,

·         archaeological sites and ancient monuments;

This must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11” and other authoritative guidance.

Step (ii)         Submission of Remediation Scheme:

If any unacceptable risks are identified as a result of the investigation and assessment referred to in step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared. This should detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment, should be submitted to and approved in writing by the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures.

Step (iii)        Implementation of Approved Remediation Scheme:

The approved remediation scheme under step (ii) must be carried out in accordance with its requirements. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works.

Step (iv)         Reporting of Unexpected Contamination:

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it should be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment should be undertaken in accordance with the requirements of step (i) above and where remediation is necessary, a remediation scheme should be prepared in accordance with the requirements of step (ii) and submitted to and approved in writing by the Local Planning Authority.

Step (v)          Verification of remedial works:

Following completion of measures identified in the approved remediation scheme a verification report (referred to in PPS23 as a validation report) must be produced. The report should demonstrate the effectiveness of the remedial works.

A statement should also be provided by the developer which is signed by a person who is competent to confirm that the works detailed in the approved scheme have been carried out (The Local Planning Authority can provide a draft Remediation Certificate when the details of the remediation scheme have been approved at stage (ii) above).

The verification report and signed statement should be submitted to and approved in writing of the Local Planning Authority.

Step (vi)         Long Term Monitoring and Maintenance:

If a monitoring and maintenance scheme is required as part of the approved remediation scheme, reports must be prepared and submitted to the Local Planning Authority for approval at the relevant stages in the development process as approved by the Local Planning Authority in the scheme approved pursuant to step (ii) above, until all the remediation objectives in that scheme have been achieved.

All works must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11” and other authoritative guidance.

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

Archaeology

No development shall commence within the area indicated until 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.  The approved programme of archaeological work shall be carried out in complete accordance with the approved details.

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

Drainage

No development shall commence on sight until a surface water drainage scheme for the site based on sustainable drainage principles (SUDS) and an assessment of the hydrological and hydrogeological context of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details prior to completion of the development.  The scheme shall also include details of how the scheme is to be managed after completion.

REASON: To ensure that the development can be adequately drained.

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No development shall commence on site until a foul water drainage strategy is submitted and approved in writing by the local Planning Authority.  The drainage scheme shall be completed in accordance with the approved details and to a timetable agreed with the local planning authority.

REASON: To ensure that proper provision is made for sewerage of the site and that the development does not increase the risk of sewer flooding to downstream property.

Amenity

No building services plant shall be installed until a scheme for its siting and design has been submitted to and agreed in writing by the local planning authority. Development shall be carried out in accordance with the approved scheme and retained as such thereafter.

REASON: To protect the amenity of nearby residents, especially those sited closest to the care home.

No external lighting shall be erected on the site until a scheme for such lighting has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved scheme and retained as such thereafter.

REASON: To protect the amenities of nearby residents.

Construction phase

No development shall commence on site (including any works of demolition), until a Construction Environmental Method Statement has been submitted to and agreed in writing by the local planning authority, which shall include the following: 

a.  the parking of vehicles of site operatives and visitors;

b.  detailing of routing arrangements for lorry traffic associated with the development;

c.  loading and unloading of plant and materials;

d.  storage of plant and materials used in constructing the development;

d.  the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e.  wheel washing facilities;

f.    measures to control the emission of dust and dirt during construction;

g.  a scheme for recycling/disposing of waste resulting from demolition and construction works; and

h.  measures for the protection of the natural environment.

i.    hours of construction, including deliveries;

j.    measures for protection of retained habitat features

k.  sensitive working protocols including vegetation clearance to avoid impacts upon protected species

The approved Statement shall be adhered to throughout the construction period. The development shall not be carried out other than in accordance with the approved Statement without the prior written permission of the Local Planning Authority.

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

During the site preparation and construction of the development, activity which may give rise to noise audible beyond the site boundary shall not be undertaken outside the following hours unless written permission is obtained from the Local Planning Authority:

-       08:00 to 18:00 Monday to Friday

-       09:00 to 13:00 Saturday

-       No working Sundays and Bank Holidays

This shall include, excavation, construction, loading, unloading, deliveries or any similar construction related activity.

REASON: To protect the amenity of nearby residents.

Highways

No development shall commence on the site unless and until a phasing plan for the development has been submitted to and approved in writing by the local planning authority in relation to highway infrastructure. The phasing plan shall include, inter alia, full details in relation to the completion of the road junctions at Pew Hill, Malmesbury Road and Hill Corner Road, and the connecting distributor road. The development shall be completed in accordance with the approved phasing plan.

REASON: In order to ensure that the development proceeds in an acceptable manner.

There shall be no vehicular accesses to Hill Corner Road, Malmesbury Road or the B4069 other than those shown on the Revised Illustrative Masterplan – Rev.A (received 23^rd December 2013).

REASON: In the interests of highway safety, and to deter rat-running through the site and onto Hill Corner Road.

Prior to the commencement of the development a detailed drawing showing the network of cycle/footpaths to serve the site, with particular emphasis on access to the proposed primary school and the employment areas, shall be submitted to and approved by the local planning authority.   Development shall be carried out in complete accordance with those details so agreed.

REASON: In the interests of sustainable transport and to ensure that a comprehensive approach to movement within to and from the site has been secured.

The gradient of all private drives shall not at any point be steeper than 7% for a distance of 5 metres from its junction with the prospectively maintainable highway.

REASON: In the interests of highway safety.

There shall no gates provided on any private accesses served from the prospectively maintainable highways, unless otherwise agreed in writing by the local planning authority.

REASON: In the interests of highway safety

No development within any individually approved phase of the development shall commence on site until details of the estate roads, footways, footpaths, unsegregated pedestrian/cycle routes, 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 within any particular phase, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, unsegregated pedestrian/cycle routes, 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, unless an alternative timetable is agreed in the approved details.

REASON: To ensure that the roads and paths are laid out and constructed in a satisfactory manner, and are of adequate amenity for users.

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 binder course level between the dwelling and existing highway.

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

No dwelling shall be occupied until the parking space(s) for that dwelling, together with the access thereto, have been provided in accordance with the approved plans. Parking provision for all dwellings shall meet the minimum parking standards set out in the Wiltshire LTP3 2011-2026 Car Parking Strategy, March 2011, and any garages counting towards parking spaces shall be provided with minimum internal dimensions of 3m by 6m per vehicle space; provision shall be made for the parking of cycles for all dwellings in accordance with Appendix 4 of the LTP 2011-2026 Cycling Strategy

REASON: In the interests of highway safety and the amenity of future occupants

No development of the employment land shall commence on site until details of secure covered cycle parking, changing and shower facilities have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details and made available for use prior to the first occupation of the buildings to which they relate and shall be retained for use at all times thereafter.

REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car

Approved plans

30.

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

1:5000 Site Location Plan (dated 12^th January 2012)

Revised Illustrative Masterplan – Rev.C

Parameters – Land Uses – Rev.B

Parameters – Amounts – Rev.B

Parameters – Building Heights – Rev.B

Parameters – Access – Rev.B

Parameters – Landscape – Rev.B

Environmental Statement: Supplement

Environmental Statement (dated February 2012)

Design and Access Statement (dated March 2012)

All Received  23rd December 2013, unless otherwise stated.

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

1.

INFORMATIVES TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

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This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the [INSERT].

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The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.