Agenda item

Outline Planning Application for residential development of 16 dwellings with all matters reserved.  Provision of new footways and dropped kerb crossings to Nicholas CofE Primary School and 18 public car parking spaces for Horefield residents/school use.

Public Participation

Kevin Hannah spoke in objection to the application

Hayley Hannah spoke in objection to the application

David Neal spoke in objection to the application

Valarie Creswell (IdmistonNP) spoke in support of the application

Tony Allen (Agent) spoke in support of the application

Andrew Oliver spoke on behalf of the Parish Council in support of the application

 

The Senior Planning Officer, Lucy Minting introduced the report for Outline Planning permission for a residential development of 16 dwellings with all matters reserved.  Provision of new footways and dropped kerb crossings to Nicholas CofE Primary School and 18 public car parking spaces for Horefield residents/school use. This application was recommended for approval subject to a S106 agreement.

 

The Officer clarified a mistake in report – p205, refers to it as full planning application, where as it actually is an outline application with all matters reserved.

 

The site was outside the limits of development and had been identified as a site for development in the adopted NP.

 

There was an outstanding permission for 20 dwellings at Porton, thus leaving a gap for a remaining 12 dwellings to be developed. This proposal of 16 dwellings was considered as filling that gap.

 

The LPA required the results of the tree survey and bats roost survey, this had now been submitted and was contained in the report.

 

Policy 12 of the NP identifies a lack of parking outside of the school. The application included the provision of 18 public parking spaces for public use. That number had increased from 15 to 18 since the last meeting.

 

A list of conditions was included at page 209.

 

Members then had the opportunity to ask technical questions, where it was noted that the probable reason for the proposed path crossing the road and not running through the existing school path was due to the need for public use whit when the school was closed.

 

The report stated that there was no to negligible evidence of bats. The use of the parking spaces was recommended to be included as part of the S106 agreement as they were not managed by Wiltshire Council.

 

The legal agreement would be delegated back to Officers, however when the full application was submitted it would come back to committee for consideration.

 

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

 

The representative from Idmiston Parish Council (IPC) noted that it had met to consider the application in May 2017 and supported the aims and objectives, adding that the proposal would deliver smaller housing for people to downsize and stay in the village.

 

The Division Member Cllr Mike Hewitt then spoke. There were 3 large sites brought forward for development. Two sites were not accepted by the IPC planning team, one came to this committee (Chalke House) and was approved. The time to develop that site was running out. This was the only other larger site to be built on. It was not easy to restrict development to just one or two. The village want smaller properties for elderly people to downsize into, and affordable housing. The developer has done a lot to try and alleviate the parking issues. The committee deferred the application last time pending further info on the ecology report for bats, this has now come back.

 

Cllr Hewitt moved the motion of Approval this was seconded by Cllr Westmoreland.

 

A debate followed where the key issues raised included, that during the school drop off times the road was congested.

 

Concerns about loss of on street parking to existing houses in Horefield.

 

A development of this scale may change the nature of the area. It was for the Parish Council to now engage with the developer and the existing residents to discuss the parking arrangements.

 

There had been a 47% turn out for the referendum on the NP.

 

This was an outline application. This proposal was for 2 sites which could each take 10, however the proposals were proposing 16 between the two.

 

Condition 4 may need adjusting, this could be delegated to Officers.

 

The Committee then voted on the motion of Approval in line with Officer’s recommendation, with conditions.

 

Resolved

That application 17/00842/OUT be APPROVED with conditions:

 

To delegate to officers to grant planning permission:-

 

(a)  Subject to the prior completion of a Section 106 legal agreement (for the provision of 5 affordable dwellings; financial contribution for waste and recycling containers; financial contribution towards off site recreational open space and the provision and transfer of 18 “public” spaces for Horefield resident/school use to the Parish Council.

 

And subject to the following conditions:

 

(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;

(e) The means of access to 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) The development hereby permitted shall be carried out in accordance with the following approved plans:

Plan Reference: 1:500 and 1:1000 Site Location Plans received by this office 19/12/2017, in so far as identifying the site location and red line of the application site only. 

Bat Potential Roost Feature Inspection Survey & Bird Potential Report January 2018, received by this office 20/02/2018

REASON: For the avoidance of doubt and in the interests of proper planning. This is an outline application to establish the principle of the residential development of the site with 16 dwellings, the provision of new footways and dropped kerb crossings to Nicholas CofE Primary School and 18 public car parking spaces for Horefield resident/school use only.  All matters are reserved (Scale, layout, external appearance, landscaping and means of access) so all submitted drawings are indicative only.

 

(5) No development shall commence on site until the exact details and samples of the materials including any finishes to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

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, in the interests of visual amenity and the character and appearance of the area.

 

(6) No development shall commence on site until a scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until foul water drainage for that dwelling has been constructed in accordance with the approved scheme and the last dwelling to be occupied on the site shall not be so occupied until the foul water drainage scheme for the whole of the site has been completed in accordance with the approved scheme.

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.

 

(7) No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the accesses/driveways), incorporating sustainable drainage details together with permeability test results to BRE365 has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until surface water drainage for that dwelling has been constructed in accordance with the approved scheme and the last dwelling to be occupied on the site shall not be so occupied until the surface water drainage scheme for the whole of the site has been completed in accordance with the approved scheme.

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.

 

(8) 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:-

* a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

* finished levels and contours;

* means of enclosure;

* car park layouts;

* other vehicle and pedestrian access and circulation areas;

* all hard and soft surfacing materials;

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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

(9) 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 dwelling 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.

 

(10) No development shall commence on site until details of the proposed paved footway, accesses, drive gradients, car parking and any other associated highway works, have been submitted to and approved by the local planning authority. The development shall not be first occupied until the works referred to above have been constructed and laid out in accordance with the approved details.

REASON: To ensure that the paved footways and associated highway works are constructed in a satisfactory manner.

 

(11)  No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site.

 

Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment has been carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

 

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

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 land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

(12) No development shall commence until details for the provision of a water supply and fire hydrants necessary to meet the fire-fighting needs of the housing development (including the installation arrangements and the timing of such an installation) have been submitted to and approved in writing by the Local Planning Authority.  The approved measures shall be implemented in full accordance with the agreed details.

REASON: To ensure that adequate measures for fire-fighting can be incorporated into the development, including the construction phase.

 

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

REASON:  To minimise disturbance to nearby residents during the construction.

 

(14)  The proposed development shall be undertaken in accordance with the recommendations and timings stipulated in section 4.0 of the Bat Potential Roost Feature Inspection Survey & Bird Potential Report (Daniel Ahern Ecology, January 2018).

REASON: To ensure implementation of appropriate mitigation measures for protected species and to ensure compliance with wildlife legislation and the NPPF.

 

(15)  The proposed development shall retain vegetative boundary features and shall not include the felling of any trees along the boundary of the site. Trees and hedgerow along the boundaries of the site shall be suitably protected during the pre-construction and construction phase.

REASON: To ensure appropriate protection for habitats and protected species and to ensure compliance with wildlife legislation and the NPPF.

 

(16)  No development shall commence until a Landscape and Ecological Management Plan (LEMP) has been submitted to the local planning authority for written approval. The LEMP shall include but not be limited to including the following: details of ecological mitigation measures to be implemented during construction including the protection of hedgerows and trees; details of the ecological enhancement measures to be implemented in accordance with section 4.0 of the Bat Potential Roost Feature Inspection Survey & Bird Potential Report (Daniel Ahern Ecology, January 2018) and these shall be shown on a site plan; and shall provide details/plans and schedules of proposed planting and soft landscaping.

REASON: To ensure appropriate avoidance, mitigation and enhancement measures for biodiversity and landscape.

 

(17)  No new external lighting shall be installed until a Sensitive Lighting Strategy has been submitted to the local planning authority for approval in writing. The lighting strategy shall specify the number, type and location of luminaires and lighting columns to be installed and will be accompanied by a lighting contour plan/lux plot. In addition, details of mitigation measures setting out how light spill onto retained habitats will be minimised and how the boundaries will be retained as dark corridors shall be submitted for approval.

REASON: To ensure appropriate mitigation for protected species and the retention of dark corridors along the site boundaries.

 

INFORMATIVE TO APPLICANT: S278 Agreement

The applicant should be advised that he will be required to enter into a S278 Legal Agreement with the Council to secure the highway works including the adoption of the new paved footway across the frontage of the application site.

 

 

INFORMATIVE TO APPLICANT: Reserved Matters Outstanding

The indicative layout submitted with the application is not considered acceptable, particularly with respect of the access and parking arrangements.  The applicant is advised to discuss the detailed proposals further with the parish council and the LPA (using the pre-application advice service) prior to submission of any reserved matters application/s.

 

 

INFORMATIVE TO APPLICANT: Wessex Water

Water Supply and Waste Connections

New water supply and waste water connections will be required from Wessex water to serve this proposed development. Application forms and guidance information is available from the Developer Services web-pages at our website www.wessexwater.co.uk.

Further information can be obtained from our New Connections Team by telephoning 01225 526222 for Water Supply and 01225 526333 for Waste Water.

Separate Sewer Systems

Separate systems of drainage will be required to serve the proposed development. No surface water connections will be permitted to the foul sewer system. An extract plan from Wessex Water records showing the approximate location of our apparatus within the vicinity of the site can be found on the application file which can be viewed on the council's website against the relevant application record.

 

INFORMATIVE TO APPLICANT: Community Infrastructure Levy

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development.  Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.

 

INFORMATIVE TO APPLICANT: Material Samples

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.