Agenda item

A report by the Case Officer is attached.

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application.

 

Members of the Committee then asked technical questions after which Cllr Rod Eaton, the local Member made a statement in support of the application.  He also reported that the Melksham Town Council of which he was Town Mayor and the Melksham Community Area Partnership supported the application.

 

After discussion,

 

Resolved:

 

To grant planning permission for the following reason:-

 

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

 

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       The development hereby approved shall not be occupied until a Green Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

 

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

 

          Wiltshire & Swindon Structure Plan 2006 - POLICY: DP1

 

3       No part of the development hereby permitted shall be occupied until the internal access, turning areas and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

          REASON: In the interests of highway safety.

 

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

 

4       No part of the development hereby permitted shall be occupied until the overspill car parking space together with a vehicular access thereto has been provided in accordance with details submitted to and approved in writing by the Local Planning Authority.  The said space shall not be used other than for the parking of vehicles or for the purpose of access.

 

          REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

          West Wiltshire District Plan 1st Alteration 2004 – POLICY: T10

 

5       No development shall commence on site (including any works of demolition), until a Construction Method Statement which shall include details of how demolition will be undertaken and what provision will be made to protect bats should they be discovered in any parts of these two buildings has been submitted to and approved in writing by the Local Planning Authority.  The development shall not be carried out otherwise than in accordance with the approved construction method statement without the prior written permission of the Local Planning Authority.

 

          REASON: To minimise the detrimental effects to the neighbouring amenities and the natural environment.

 

          PPS9 and West Wiltshire District Plan 1st Alteration 2004 – POLICY: C38 

 

6       No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

          REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

          West Wiltshire District Plan 1st Alteration 2004 - POLICY: C35 and C38

 

7       Prior to the occupation of the site full details of the Air Source Heat Pumps which shall include noise data shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented and brought into operation in accordance with the approved scheme and thereafter retained.

 

          REASON: In the interests of the conservation of energy resources

 

          West Wiltshire District Plan 1st Alteration 2004 – POLICY: C34

 

8       Prior to the occupation of the site full details of the solar panels including location shall be 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.

 

          West Wiltshire District Plan 1st Alteration 2004 – POLICY: C31a and C34

 

9       No part of the development shall be brought into use until details of the stopping up of the existing pedestrian access from Addison Road on to the site has been submitted to and approved in writing by the Local Planning Authority. That stopping up shall take place in accordance with the approved details within one month of the first occupation of the development. No later than one month after the first occupation of the development, the sole means of pedestrian access to the development shall be as shown on the plans hereby approved.

 

          REASON: In the interests of highway safety.

 

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

 

10     Prior to the occupation of the development hereby approved details of the bus stop/shelter shall be 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.

 

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

 

11     This permission shall be for a limited period only expiring on 21^st July 2013 or before which date the use(s) hereby permitted shall be ceased.

 

REASON: To acknowledge the particular circumstances in this case and to retain control over the future use of the site.

 

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

 

*           details of any trees and hedges to be retained, together with measures for their protection in the course of development;

 

            *           hard surfacing materials;

 

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

 

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

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32

 

13     All hard landscaping works shall 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.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32

 

14     No retained tree//hedgerow(s) shall be cut down, uprooted or destroyed, nor shall any retained tree//hedgerow (s) be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority.  Any topping or lopping approval shall be carried out in accordance BS3998: 1989 British Standard for Tree Work or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

 

If any tree/hedgerow is removed, uprooted, destroyed or dies, another tree/hedgerow shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

 

No equipment, machinery or materials shall be brought on to site for the purpose of development, until a scheme showing the exact position of protective fencing to enclose all retained trees and hedgerows beyond the outer edge of overhang of their branches in accordance with British Standard 5837: 2005: Tree in Relation to Construction, has been submitted and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details.  The protective fencing 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 tree/hedgerow” means an existing tree and hedgerow which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the period expiring on 21^st July 2013 or before which date the use(s) hereby permitted shall be ceased.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any tree or group of trees to be retained on the site or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land].

 

REASON:  To prevent trees and hedgerows being retained on or adjacent to the site from being damaged during the construction works and in the interest of visual amenity.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C32

 

15     Prior to the occupation of the site details of the storage of waste, 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 waste storage has been completed and made available for use in accordance with the approved details and it shall be subsequently maintained in accordance with the approved details thereafter.

 

         REASON: In the interests of public health and safety.

 

West Wiltshire District Plan 1st Alteration 2004 - POLICY: C31a and C38

Wiltshire and Swindon Waste Core Strategy 2006-2026 – POLICY: WCS6