Minutes:
Paul Turner, David Taylor and Tony Clarke spoke against the application.
Dan Washington spoke in support of the application.
Peter Pearson (Corsham Town Council) spoke against the application.
The planning officer, Mark Staincliffe, introduced the report which recommended to delegate authority to the Area Development Manager to grant planning permission subject to the signing of a Section 106 agreement within 6 months of the date of the resolution of this Committee and the conditions and informatives, as amended by the late observations, outlined 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 development of 170 dwellings, including a medical centre/community hall; photographs and a map were shown. It was highlighted that the proposed application was a resubmission of application 14/04179/OUT, that had been dismissed at a planning appeal. The officer explained that 2 days prior to the item being heard previously, serious concern had been raised by ecologists and Natural England that surveys on bats had not been undertaken and thus, the reason for refusal of the application had been based on ecological grounds. It was confirmed that this was then appealed and that the planning inspector had purely refused the application on ecological grounds and had not cited any additional reasons for refusal, for which he had been at liberty to do.
The officer then drew the meeting’s attention to the late items included in the agenda supplement and stated that Natural England had not raised any objections to the granting of planning permission to the proposed site. It was confirmed that both ecologists and Natural England were satisfied that work could be carried out, without endangering any protected species.
The officer explained that Core Policy 2 was no longer engaged, as there was no ability to demonstrate a 5 year land housing supply. It was noted that central government outlined that planning should be granted, where there was not a 5 year housing supply, unless any adverse impacts significantly and demonstrably outweighed the benefits.
The Committee was then invited to ask technical questions and it was confirmed that the maintenance of the public open spaces in the proposed application would be controlled by a management company, of which the owners of the proposed properties would pay for. Also, that to develop on the area marked within the blue line on the map would require additional planning permission. Further, that conditions 17 and 18 listed in the report denoted that there would be 2 refuge points on either side of the road; that pedestrians would be able to cross the road from the proposed site and that the additional noted 4 cars on the road related to the number of additional queuing vehicles on the road; which is how the Local Authority determined additional road users. It was then confirmed that the proposed site layout was only an indicative map and that there was likely to be onsite flood mitigation features to ensure that the development would not contribute to an increase in flooding, but this would be resolved by way of planning condition and further information. The officer remarked that there was a mistake in the report and that there had been no objection from any drainage comments.
The officer also confirmed that education contributions would be made if the proposed application was to be accepted and that the Corsham schools would be expanded to provide additional pupil places, as a result of the proposed development. Indeed, there was an excess of £1 million to ensure there would be sufficient capacity at the Corsham schools.
Members of the public were then invited to speak, as detailed above.
Cllr Trotman raised objections on behalf of the local member, Cllr Tonge.
Following the statements, concern was raised by members over the lack of a 5 year housing supply and thus, how it was a greater challenge for them to exercise their decision making powers. Concern was also raised about how Corsham had surpassed the Core Strategy target for 2026 and it was expressed that such a development could endanger the quality of life in Corsham and could be deemed as environmentally unsustainable for the area. The officer advised that an environmental statement would require months of work and that, as it had been stated that one was not needed when a screening opinion was carried out, it was unlikely that the applicants would submit one given. It would be likely that the applicants would appeal for non-determination of the application if committee deferred on this basis. An environmental statement was not submitted or requested when considering the previous application or appeal.
Cllr Whalley, seconded by Cllr Greenman, moved to defer the application until the cumulative impact on Corsham through a full environmental impact assessment had been conducted. The motion was put to the vote and failed.
Cllr Trotman, seconded by Cllr Hutton, moved the officer’s recommendation to grant planning permission, subject to the late representations and that heads of terms of agreement were to be replaced by conditions. 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.
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 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
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 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 buildings 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.
5 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 protect controlled waters from pollution.
6 No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following: a) the parking of vehicles of site operatives and visitors; b) loading and unloading of plant and materials; c) 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; has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.
REASON: 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 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.
7 The development hereby permitted shall be carried out in accordance with the following approved plans:
3657/203
12731-500-001 Sheet 1,2 & 3
FIGURE 4.1
FIGURE 4.2
REASON: For the avoidance of doubt and in the interests of proper planning.
8 No more than 170 dwellings shall be developed on the application site edged red on the submitted Site Plan.
REASON: For the avoidance and in the interest of proper planning
9 The development hearby approved shall not commence until a foul water drainage strategy is submitted and approved in writing by the local Planning Authority in consultation with Wessex Water acting as the sewerage undertaker.
A drainage scheme shall include appropriate arrangements for the agreed points of connection and the capacity improvements required to serve the proposed development phasing. The drainage scheme shall be completed in accordance with the approved details and to a timetable agreed with the local planning authority.
REASON: There is limited capacity within the downstream sewerage system to accommodate the predicted foul flow from the proposed development. Network modelling of the foul sewerage system is required to ascertain the nature and extent of capacity improvements. The condition will 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 properties.
10 Details submitted as part of any reserved matters application for the site shall be in accordance with the mitigation measures set out in the submitted document 'Land at Bradford Road, Corsham: Summary of Results and Proposed Mitigation' (Engain, 2015) and the Council's appropriate assessment for this application (dated 27/12/15).
REASON: To mitigate against the loss of existing biodiversity and nature habitats.
11 Prior to the commencement of development, an Ecological Management and Monitoring Plan shall be submitted to and approved in writing by the Local Planning Authority. The Ecological Management and Monitoring Plan shall be in general accordance with the measures set out in the submitted 'Land at Bradford Road, Corsham: Summary of Results and Proposed Mitigation' document, and provide full details for the establishment and long-term management of semi-natural features within the site, including:
" Translocation of sections of the existing hedgerow along Bradford Road " Establishment of all new areas of planting / landscaping
" Establishment of wildflower grassland
" Establishment of wetland habitats within the SUDs
" Long-term management of all hedgerows, woodland, grassland and wetland habitat features
" A schedule for monitoring of the condition of newly established habitat features, and post-development bat activity at the site.
The site shall be maintained in accordance with the long-term management measures set out in the Ecological Management and Monitoring Plan unless otherwise agreed in writing by the Local Planning Authority. Results of ecological monitoring shall be submitted to the Local Planning Authority in accordance with the monitoring schedule.
REASON: To mitigate against the loss of existing biodiversity and nature habitats.
12 Any reserved matters application shall be accompanied by a lighting scheme for that part of the site, including a lux plot clearly demonstrating that dark corridors (<1 lux) will be retained in accordance with the submitted 'Land at Bradford Road, Corsham: Summary of Results and Proposed Mitigation' document, and the Council's appropriate assessment of this application (dated 27/12/15).
REASON: To ensure that the proposed lighting doesn't have a detrimental impact on protected species..
13 No part of the development hereby approved shall be commenced 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 shall be carried out in accordance with the approved details and thereafter retained.
REASON: In the interest of the visual amenity of the area and in the interests of public safety.
14 No development shall commence on site until a scheme for the discharge of stormwater water from the site, including any required on site or 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.
15 No development shall commence until a foul and surface water drainage scheme for the site, based on sustainable drainage principles 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. No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The scheme shall include details of how the scheme shall be maintained and managed after completion. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
REASON: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.
16 Prior to the first occupation of any dwelling the pedestrian visibility splays and the footway alterations on drawing Transport Assessment Figure 4.4 SK03 shall be provided and thereafter permanently retained.
REASON: In the interest of highway and pedestrian safety.
17 Prior to the first occupation of any dwelling the pedestrian refuge, visibility splays and bus layby on drawing Transport Assessment Figure 4.5 SK05 shall be provided and thereafter permanently retained
REASON: In the interest of highway and pedestrian safety.
18 Prior to the first occupation of any dwelling the pedestrian refuge and visibility splays on drawing Transport Assessment Figure 4.6 SK06 shall be provided and thereafter permanently retained.
REASON: In the interest of highway and pedestrian safety.
19 Prior to the first occupation of any dwelling the visibility splays at the Park Lane access of 2.4 x 120 metres in each direction at a height not exceeding 600mm above carriageway level shall be provided and thereafter permanently retained.
REASON: In the interest of highway and pedestrian safety.
20 Prior to the first occupation of any dwelling the visibility splays at the Bradford Road access of 2.4 x 160 metres in each direction at a height not exceeding 600mm above carriageway level shall be provided and thereafter permanently retained.
REASON: In the interest of highway and pedestrian safety.
21 Prior to the first occupation of any dwelling the pedestrian refuge and visibility splays on drawing Transport Assessment Figure 4.7 SK07 shall be provided and thereafter permanently retained.
REASON: In the interest of highway and pedestrian safety.
22.Prior to the occupation of the 50th dwelling on site full details of the improvement scheme at A4 / B3109 shall be have been submitted to and approved in writing by the local planning authority and implemented as approved and permanently maintained in operation thereafter unless the roundabout secured at appeal under application 13/05188/OUT is implemented first. Should the roundabout secured under application 13/05188/OUT be implemented after the works approved and implemented by this condition there will be no requirement for the works approved by this condition to be permanently maintained.
23.No building hereby approved shall be occupied before a travel plan has been submitted to and approved in writing by the local planning authority. The travel plan shall be implemented as approved and permanently maintained in operation thereafter
24.No building hereby approved shall be occupied before a travel plan has been submitted to and approved in writing by the local planning authority. The travel plan shall be implemented as approved and permanently maintained in operation thereafter.
25.No building hereby approved shall be occupied before a scheme for the right turning lane at the access from Bradford Road including resurfacing and visibility splays has been implemented in accordance with details which shall first have been submitted to and approved in writing by the local planning authority.
26.No building hereby approved shall be occupied before a scheme for the right turning lane at the access from Park Lane including resurfacing and visibility splays has been implemented in accordance with details which shall first have been submitted to and approved in writing by the local planning authority.
27.No building hereby approved shall be occupied before a scheme for street lighting improvements over the Park Lane frontage of the site and a scheme for street lighting improvements of Bradford Road over the site frontage and as far as Toghill Crescent has been implemented in accordance with details which shall first have been submitted to and approved in writing by the local planning authority.
28.No building hereby approved shall be occupied before a scheme for the Widening and resurfacing of the footway between the Bradford Road site access and the Toghill Crescent area (as shown on TA drawing Figure 4.1) has been implemented in accordance with details which shall first have been submitted to and approved in writing by the local planning authority. The scheme shall make provision for the relocation of any lighting columns and electricity or telephone poles within the footway.
29.No building hereby approved shall be occupied before a scheme for the proposed minor highway improvement at the A4 / B3353 mini roundabout and minor highway improvement at the A4 Bath Road / Park Lane mini roundabout has been implemented in accordance with details which shall first have been submitted to and approved in writing by the local planning authority.
INFORMATIVE TO APPLICANT:
Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way that crosses the site. You are advised to contact the PROW officer on [INSERT]
INFORMATIVE TO APPLICANT:
The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.
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.
INFORMATIVE TO APPLICANT:
Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.
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.
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].