Agenda item

Anne Henshaw spoke against the application.

 

The planning officer, Mathew Pearson, introduced the report which recommended that authority be delegated to the Area Development Manager to grant planning permission, subject to the completion of a Section 106 legal agreement within 6 months of the resolution of this Committee and the conditions and informatives listed in the report. In

the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe, to then delegate authority to the Area Development Manager to REFUSE planning permission for the reasons set out in the report. The application was for the construction of 42 homes and associated landscaping; photographs and a map of the site were shown. It was highlighted that the site was on agricultural land; which was outside of the settlement boundary, however, due to the 5 year land supply, Core Policy 2 was not considered up to date and thus, the application would be judged against the NPPF; specifically paragraphs 14-49, which advised that permission should be given unless adverse impacts would significantly and demonstrably outweigh the benefits. The officer noted that national policy regarded housing as a significant benefit and therefore, recommended that the Committee approve the application with regard to the position the Council found itself in, in terms of national policy. The officer outlined that to the North of the proposed application site, an application would be going to a planning appeal for 41 units, as opposed to the proposed 42 units on the proposed application site.

 

The Committee was then invited to ask technical questions and it was confirmed that there had been an approved planning application for the construction of the supermarket store ‘Tesco’s’ and that this application was still live, it was noted that the proposed ‘Tesco’s’, along with a couple of already established residential dwellings, would be on the opposite side of the road to the proposed development. It was highlighted that the lead time in appeals was 10 months. Concern was raised by members that the proposed land had been allocated for joint industrial and residential use and, therefore, if the erection of the 42 dwellings was to be permitted, there would be a minimal amount of the land left for industrial use. The officer explained that the site to the North of the proposed site was the site allocated for employment and not the site being subjected to permission at the meeting.

 

Members of the public were then invited to speak, as detailed above.

 

Cllr Ansell had sent her apologies for her absence at the meeting and thus, as Cllr Hill’s ward was adjacent to Cllr Ansell’s ward, the Chairman permitted Cllr Hill to speak on Cllr Ansell’s behalf.

 

Cllr Hutton sought clarification on conditions that referred to public protection and archaeology. The officer confirmed that contamination and archaeology conditions were included in the list of conditions.

 

Cllr Sturgis, seconded by Cllr Hutton, moved the officer’s recommendation as outlined in the report. The motion was put to the vote and passed.

 

Resolved:

 

That authority is delegated to the Area Development Manager to GRANT planning permission, subject to conditions listed below and completion of a S106 legal agreement within six months of the date of the resolution of this Committee.

 

In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Area Development Manager to REFUSE planning permission for the following reason:-

 

The application proposal fails to provide and secure the necessary and required Services and infrastructure supporting the proposed residential development including Affordable Housing; Waste; Public Open Spaces; Air Quality Management and is therefore contrary to Policies CP3 CP43 & CP55 of the Wiltshire Core Strategy Adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

 

CONDITIONS AND INFORMATIVES:

 

1          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; and

(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 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

2          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.

 

3          The reserved matters to be submitted pursuant to Condition 1 above shall relate to a scheme comprising up to 42no. dwellings and no more, together with associated landscaping including on-site public open space and play provision.

 

REASON: In order to secure an appropriate quantum of development for the application site.

 

4          The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan: 01112/02 - Topographical Survey; 1097-F01 - Proposed Site Access Junction Received 13 November 2015

 

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

 

5          The development hereby permitted shall not be first occupied until the access to the site has been laid out and properly consolidated as detailed on plan number Drawing 1097-F01 'Proposed Site Access Junction' Rev -, dated July 2015.

 

REASON: In the interests of safe and convenient access to the development.

 

6          No dwelling shall be occupied until the access to the development has been provided with visibility splays with nothing to exceed the height of 600mm above carriageway level from a point 2.4 metres back along the centre line of the access to points on the nearside carriageway edge 160 metres to the north, and 160 metres to the south. The visibility so provided shall thereafter be maintained in accordance with drawing 1097- F01 'Proposed junction analysis'.  Any vegetation/ hedgeline shall set back at least 1m from the visibility splay and maintained as such thereafter, in perpetuity.

 

REASON: In the interests of safe and convenient access to the development.

 

7          No part of the development shall be brought into occupied until a 2m - 2.5m wide footway/shared use path has been provided over the entire site frontage in accordance with details to be first submitted to and approved by the Local Planning Authority. The details to be submitted shall include for the relocation of the existing lighting columns to the rear of the new footway and proposals for hedgeline / vegetation to the rear of the new footway.

 

REASON: In the interests of safe and convenient pedestrian access to the development.

 

8          No part of the development shall be occupied until a 2m - 2.5 metres wide footway/shared use path including new roadside kerbs has been provided on the highway verge on the western side of the C394 road, between the end of the existing footway near 249 Oxford Road and the end of the shared use cycleway just north of the access to New Cottages, in accordance with details to be first submitted to and approved by the Local Planning Authority. The details to be submitted shall include for the relocation of the existing lighting columns and proposals for hedgeline / vegetation to the rear of the new footway.

 

REASON: in the interests of safe and convenient pedestrian access to the development.

 

9          No dwelling shall be occupied until a pedestrian crossing / refuge has been provided over the C394 in accordance with details to be first submitted to and approved by the Local Planning Authority.

 

REASON: In the interests of safe and convenient pedestrian access to the development.

 

10        No development shall take place until a Residential Travel Plan has been submitted and approved in writing by the Local Planning Authority. The Residential Travel Plan shall be actioned in accordance with details approved by the Local Planning Authority prior to first occupation.

 

REASON: In the interests of road safety and reducing vehicular traffic to the development.

 

11        No development shall commence on site until details of refuse and recycling facilities (including location and range of facilities and their means of operation) have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall not be first occupied until the approved recycling facilities have been completed and made available for use in accordance with the approved details. The approved recycling storage shall thereafter be maintained in accordance with the approved details.

 

REASON: In the interests of public health and safety.

 

12        No development shall commence on site until a scheme for the discharge of stormwater water from the site, including any required off site capacity improvements required to receive flows together with a connection point agreed with the sewerage undertaker and timetable, has been submitted to and approved in writing by the Local Planning Authority.

 

The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme, including any required off site works/improvements within the agreed timetable.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order  that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

13        No development shall commence on site until a scheme for the discharge of foul water from the site, including any required off site capacity improvements required to receive flows together with a connection point agreed with the sewerage undertaker and timetable, has been submitted to and approved in writing by the Local Planning Authority.

 

The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme, including any required off site works/improvements within the agreed timetable.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order  that the development is undertaken in an acceptable manner, 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.

 

14        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 o       human health,

o          property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

o          adjoining land,

o          groundwater and surface waters, o      ecological systems,

o          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.

 

15        The mitigation measures detailed in the approved Ecological Assessment (Resource & Environmental Consultants Ltd, April 2014 and October 2015), together with a timetable for implementation and measures to secure sensitive retention of mature and over mature trees within the development layout and a buffer of public open space / landscaping between the residential units and the wetland area to the south of the site, to be first agreed in writing by the Local Planning Authority, shall be carried out in full prior to the first occupation of the development hereby approved.

 

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

 

16        No development shall commence on site 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, the results and recommendations recorded and submitted to and approved in writing by the Local Planning Authority.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order  that the development is undertaken in an acceptable manner, to enable the recording of any matters of archaeological interest.

 

17        INFORMATIVE 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.

 

18        INFORMATIVE TO APPLICANT:

The applicant is reminded of the need to obtain separate Land Drainage Consent in respect of any alterations to existing watercourses, or works within 8m of the top of any bank thereto.

 

19        INFORMATIVE TO APPLICANT:

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].

 

20        INFORMATIVE TO APPLICANT:

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.

 

21        INFORMATIVE TO APPLICANT:

The applicant is advised that the development hereby approved represents chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. A separate Community Infrastructure Levy Liability Notice will be issued by the Local Planning Authority.

Should you require further information with regards to CIL please refer to the Council's Website

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructur elevy