Agenda item

Outline application for 4 detached dwellings with garages (All matters reserved except access and layout)

Public Participation

Tony Allen (Agent) spoke in support of the application.

 

The Senior Planning Officer drew attention to late correspondence circulated at the meeting and introduced the outline application for 4 detached dwellings with garages, noting that the application had previously come to Committee on 13 October 2016, where it had been deferred for further information in respect of the provision of a footpath/cycle lane along the Western boundary of the site, extending southwards. The application was recommended for approval, subject to a S106 Legal Agreement and subject to conditions.

 

Members of the Committee then had the opportunity to ask technical questions of the Officers, it was noted that the section 106 only related to a small section of land, and did not cover the land proposed for preservation for the aspiration of a future path. The application was for 4 dwellings, and a development of that size did not warrant the provision of a footpath.

 

The land was partly owned by Highways and partly by the land owner, so any future development of a footpath on that reserved land would need negotiation with the landowner. A footpath was originally offered as part of the initial housing development at Longehedge, however there were now 673 houses on the site, and it was now considered a sustainable location.

 

Members of the public then had the opportunity to present their views to the Committee as detailed above.

 

The Unitary Division Member; Councillor Ian McLennan noted that he felt that in terms of the footpath/cycle path, the wider site should be looked at as a whole, as most of the employment land had not been sold to anyone yet. The housing development ended with connection to the Longhedge employment land, he felt there was every case to be made for a path to go to that land, creating a connection, with possible access to the park and ride somehow.

 

Councillor Ian McLennan proposed Refusal against Officers recommendation, due to the non provision of a footpath/cycle path. This was seconded by Cllr Ian Tomes

 

The Committee discussed the application, noting that it was unsure how a development of this size could have been allowed to take hold without ensuring there were footpaths and access points to the city, however the application for consideration was for 4 dwellings and was not responsible for the provision of a footpath.

 

The Longehedge development was now considered as a sustainable development. The ownership of a footpath, if the land was developed at a later date was largely a civil matter, and so unless it was incorporated in to a S106 legal agreement, this was not a planning consideration.

 

There was no policy background for a cycleway and no evidence that there was a Community aspiration for one.

The Committee voted on the motion put forward by Cllr McLennan, it was not carried. Cllr Westmoreland then put forward a second motion for Approval with conditions in line with Officer’s recommendation; this was seconded by Cllr Hewitt.

 

Resolved

That application 16/06154/OUT be approved subject to all parties entering into a S106 legal agreement which secures the following:

 

·       A 2 metre wide footway shall have been constructed and made permanently available for use by pedestrians, adjacent the A345 road, and to link from the access to the proposed development, to the adjacent pathway network, to allow pedestrian access to adjacent services and facilities.

 

Then delegate to the Head of Development Management to APPROVE subject to the following conditions:

 

01. This permission relates to the detailed approval of the access and layout only. Approval of the details of the scale, appearance of the buildings, and the landscaping of the site (herein called the reserved matters) shall be obtained from the Local Planning Authority in writing as per condition 03 below.

 

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.

 

02. Plans and particulars of the reserved matters referred to in condition 01 above, relating to the scale, appearance of any building to be erected, and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

 

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.

 

03. Applications for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.

 

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.

 

04. 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.

 

05. The development shall be carried out in general accordance with the following plan(s):

 

Drawing 0771/01 Rev S dated September 2013, as deposited with the local planning authority on 23.06.16.

 

REASON: For the avoidance of doubt

 

06. No part of the development hereby permitted shall be first occupied until the 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.

 

07. No part of the development shall be first brought into use until the visibility splays shown on the approved plans (ref: 0771/01 Rev S) have been provided with no obstruction to visibility at or above a height of 0.9m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

Reason: In the interests of highway safety

 

08. No development shall commence on site until details of the access including improved junction radii, kerbs, surfacing (not loose stone or gravel), drainage and an extension to the existing footway have been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the access

improvements detailed above have been provided in accordance with the approved details.

 

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

 

09. No development shall commence on site until a scheme of acoustic insulation for the purposes of preventing the ingress of road traffic noise and noise from the proposed business park has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include details of acoustic glazing and ventilation systems. Any works which form part of the approved scheme shall be completed prior to the premises being occupied and shall be maintained in accordance with the approved details at all times thereafter.

 

REASON: In the interests of the amenities of future occupiers of the proposed dwellings.

 

10. No development shall commence on site until a scheme of acoustic screening for the purposes of protecting the residential properties and their external amenity space from road traffic noise and the proposed business park has been submitted to and approved in writing by the Local Planning Authority. Any works which form part of the approved

scheme shall be completed prior to the premises being occupied and shall be maintained in accordance with the approved details at all times thereafter.

 

REASON: In the interests of the amenities of future occupiers of the proposed dwellings.

 

11. No construction work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

REASON: In order to limit the impact of works on residential amenity

12. No burning of waste shall take place on the site during the construction phase of the development.

 

REASON: In order to limit the impact of works on residential amenity

13. No development shall take place within the application site until a written programme of archaeological investigation, has been submitted to, and approved in writing by the Local Planning Authority. The approved programme of archaeological mitigation has been carried out in accordance with the approved details.

 

REASON: To safeguard the identification and recording of features of archaeological interest.

 

14.Before development commences, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority which secures protection of habitats and species during the construction period, including pollution prevention measures. The development shall be carried out in accordance with the agreed CEMP.

 

REASON: In order to prevent pollution of the water environment and to protect habitats and species during the construction period so as to limit the impacts of the development

 

15. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use/occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

Informatives

 

1. With regard to archaeology (Condition 13 above) the work should be conducted by a professionally recognized archaeological contractor in accordance with a written scheme of investigation agreed by this office and there will be a financial implication for the applicant.

 

2. 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 Wiltshire Council.

 

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