Agenda item

16/10513/FUL - Land at Restrop Road, Purton, Swindon

Minutes:

Public participation

 

Chris Minors, the agent, spoke in support to the application.

 

Dr Richard Pagett, speaking on behalf of Purton Parish Council, spoke in objection to the application.

 

The Planning Officer, Jemma Foster, introduced a report which recommended granting planning permission, subject to conditions and the completion of a S106 agreement, for residential development of 38 dwellings including access, car parking, landscaping and other associated infrastructure.

 

Key issues highlighted included: principle of development; impact on character and appearance of the area; impact on highway safety and conformity with the Neighbourhood Plan.

 

Members of the Committee then had the opportunity to ask technical questions

of the officer which focused on: boundary treatment for the proposed play area; the permitted development rights proposed to be removed; the design of the dwellings and in particular its suitability for the disabled and elderly; the local need for smaller housing and housing for the elderly; the construction method statement and in particular the construction of the buildings at reasonable hours and highways concerns.

 

Members of the public then had the opportunity to address the Committee, as

detailed above.

 

Cllr Jacqui Lay, Division Member, spoke regarding the application with the main points focusing on the lack of recent consultation with the public; the length of time that the application has been on hold for; the need to look at villages individually and consider the local needs; the importance of the Purton Neighbourhood Plan; the appearance and character of the locality; the planning history of Restrop Road; concerns over parking arrangements; additional homes not necessarily safeguarding services; concerns over waste collection; the construction method statement and in particular construction vehicles and highways concerns.

 

At the start of the debate a proposal was moved by Cllr Peter Hutton, seconded

by Cllr Howard Greenman to grant planning permission as detailed in the report and subject to the additional conditions detailed below.

 

During the debate the main points raised were: the feasibility of a construction management plan; highways concerns; the design of the dwellings; permitted development rights; access for disabled and the elderly; the need for housing for the elderly as well as affordable housing; the specificity of the Purton Neighbourhood Plan; the need to preserve the development as it is proposed and make sure the Lifetime Houses deliver what they say they will and the floor plan and its indication of where disabled access can be added; and future access arrangements to adjacent land.

 

Resolved

 

To delegate authority to the Head of Service to approve subject to a s106 agreement and conditions in accordance with the officer recommendation contained in the report subject to additional conditions as follows:

 

Demolition or construction works on the site hereby approved shall not take place outside 07:30hrs to 17:30hrs Mondays to Fridays and 08:00hrs to 12:30hrs on Saturdays not at any time on Sundays or Bank Holidays.

 

No works shall commence on site until a construction traffic management plan detailing how construction traffic will access the site has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

 

No dwelling shall be occupied until the boundary treatment around the equipped play area has been submitted to and approved in writing by the Local Planning Authority. The play area shall not be first put into use until the boundary treatment has been erected in accordance with the approved details.

 

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 permitted shall be carried out in accordance with the following approved plans:

Drawing Number 085_101 (location plan), 600 (topographical) received by the Local Planning Authority on 2nd November 2016

Drawing Number 085_105A (Street Scene) received by the Local Planning Authority on 5th April 2017

Drawing Numbers: 085_104 G (storeys), 085_109 F (access & movement), 2601 P6 (levels), H100 P8 (drainage), 101 P5 (vehicle track analysis), 102 P5 (visibility),  PERW20671-10 F (landscape) received by the Local Planning Authority on 17th August 2017

Drawing Number: PERW20671-03 E (tree protection) received by the Local Planning Authority on 11th May 2018

Drawing Numbers: 085_102 rev H (materials), 085_107_1 rev G (fences & enclosures) received by the Local Planning Authority on 12th November 2018

House Pack:085_: 120-1A, 124-1A, 124-2A, 126-1A, 126-2A, 127-1A, 127-2A, 127-3A, 128-1B, 128-2A, 130-1A, 130-2A, 130-3A, 130-4A, 131-1B, 131-2A, 131-3A, 133, 136-1A, 137-1 and Drawing Number 085_100 AA (Planning Layout) received by the Local Planning Authority on 13th November 2018

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

3

The development shall be carried out in accordance with the materials submitted to the Local Planning Authority on 10th October 2018

REASON: To ensure the development is acceptable for its surroundings

4

No development shall commence on site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include, but not necessarily be limited to, the following:

a)         Risk assessment of potentially damaging construction activities

b)        Identification of 'biodiversity protection zones'

c)         Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements)

d)        The location and timing of sensitive works to avoid harm to biodiversity features

e)         The times during construction when specialist ecologists need to be present on site to oversee works

f)          Responsible persons and lines of communication

g)        The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person(s)

h)        Use of protective fences, exclusion barriers and warning signs.

i)          Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

A report prepared by a competent person(s), certifying that the required mitigation and/or compensation measures identified in the CEMP have been completed to their satisfaction, shall be submitted to the Local Planning Authority within 3 months of the date of substantial completion of the development or at the end of the next available planting season, whichever is the sooner.

REASON: To ensure adequate protection, mitigation and compensation for protected species, priority species and priority habitats.

5

No development shall commence on site until a landscape and ecology management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small, privately owned, domestic gardens) has been submitted to and approved in writing by the Local Planning Authority. The landscape and ecology management plan shall be carried out as approved 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, to ensure the proper management of the landscaped areas in the interests of visual amenity.

6

No development above slab level shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority.

No dwelling hereby approved shall not be occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture serving that dwelling has  been constructed and laid out in accordance with the approved details.

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner

7

No development shall commence on site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4m metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 58 metres to the north east direction and 50 metres to the south-west direction from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 0.6m above the level of the adjacent carriageway.  This also includes a 1m buffer in front of the hedge in order that the growth of the hedge does not encroach into the visibility splay.

REASON: In the interests of highway safety.

8

No development shall commence on site until full  details of a footway from the site to Reeds Gables Close alongside a timetable detailing when the footpath shall be provided have been submitted to, and approved in writing by, the Local Planning Authority.

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

9

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 and ensuring that any pipe/attenuation system does not allow ingress of ground water to the system plus all third party permissions and approvals, has been submitted to and approved in writing by Wiltshire Council.

The development shall then not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

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 ensure that the development can  be adequately drained without increasing flood risk to others

10

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 needed to existing public sewerage system to allow the site to be served and to prevent ingress of ground water into the sewer system , has been submitted to and approved in writing by Wiltshire Council.

 The development shall then not be first occupied until foul water drainage, including any required off site capacity improvements needed to existing public sewerage system to allow the site to be served, has been constructed in accordance with the approved scheme.

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 ensure that the development can  be adequately drained without increasing flood risk to others

11

No development shall commence on site until a construction management plan detailing drainage arrangements during the construction stage has been submitted to and approved in writing by Wiltshire Council. The development shall then be carried out in accordance with the approved details.

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 ensure that the development can be adequately drained without increasing flood risk to others during construction works

12

No dwelling hereby approved shall be first occupied until the associated allocated parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details.  This area shall be maintained and remain available for this use at all times thereafter.

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

13

The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

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

14

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 "Tree Work - Recommendations" or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

If any retained tree is removed, uprooted, destroyed or dies, another tree 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 fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows 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.

[In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later].

REASON: To ensure the retention of trees on and off site during the construction stage.

15

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

*           location and current canopy spread of all existing trees and hedgerows on the land;

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

*           a detailed planting specification showing all plant species, supply and planting sizes and planting densities/locations of trees, shrubs;

*              the native mix that is proposed along the sections of hedgerow that will be infilled

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.

16

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 building(s) 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.

17

Plot 6 and 10 as shown on the approved plans shall not be occupied until details of the obscure glazing to be used in the first floor window on the side elevation and details of how it will have restricted opening has been submitted to and approved in writing by the Local Planning Authority, and; the obscure glazing and restricted window opening has been installed in accordance with the approved details. The obscure glazing and restricted window opening shall be maintained in accordance with the approved details in perpetuity.

REASON: In the interests of residential amenity and privacy.

18

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

REASON:  To secure the retention of adequate parking provision, in the interests of highway safety.

19

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no window, dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the roofslpoes of the development hereby permitted.

REASON:  In the interests of residential amenity and privacy.

20

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015  (or any Order revoking or re-enacting or amending that Order with or without modification), no gates, fences, walls or other means of enclosure, other than those shown on the approved plans, shall be erected or placed forward of any wall of any dwelling (including a rear or side wall) which fronts onto a highway, carriageway or footpath.

REASON:  In the interests of visual amenity.

21

The development hereby permitted shall not be occupied until the approved sewage disposal works proposed have been completed in accordance with the submitted and approved details.

REASON: To ensure that the development is provided with a satisfactory means of drainage.

22

The development hereby permitted shall not be brought into use until details of the storage of refuse, including details of location, size, means of enclosure and materials, have been submitted to and approved in writing by the Local Planning Authority, and; no dwelling hereby approves shall be first occupied until the approved refuse storage has been completed and made available for use in accordance with the approved details. The approved refuge storage shall thereafter be maintained in accordance with the approved details.

REASON: In the interests of public health and safety.

23

No works shall commence on site until a site plan for the receptor area detailed on a map together with a description of pre-translocation works required at the receptor site and a clear prescription of the receptor site in perpetuity post-translocation alongside a timetable for the translocation of the slow worms has been submitted to and approved in writing by the Local Planning Authority. The development shall then 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 and in the interest of ecology

 

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 ?????/2018

2

INFORMATIVE TO APPLICANT:

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.

3

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.

4

INFORMATIVE TO APPLICANT:

There are public sewers crossing or close to your development. In order to protect public sewers and to ensure that Thames Water can gain access to those sewers for future repair and maintenance, approval should be sought from Thames Water where the erection of a building or an extension to a building or underpinning work would be over the line of, or would come within 3 metres of, a public sewer. Thames Water will usually refuse such approval in respect of the construction of new buildings, but approval may be granted for extensions to existing buildings. The applicant is advised to visit thameswater.co.uk/buildover

Thames Water have also advised:

No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water.  Any piling must be undertaken in accordance with the terms of the approved piling method statement. Reason: The proposed works will be in close proximity to underground sewerage utility infrastructure.  Piling has the potential to impact on local underground sewerage utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement.

'We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991.  Should the Local Planning Authority be minded to approve the planning application, Thames Water would like  the following informative attached to the planning permission:"A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality."

Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.

 

 

Supporting documents: