Agenda item

Outline application (all matters reserved except external access) for residential development of up to 25 dwellings with access to Romsey Road, parking, opens space, landscaping and drainage.

Public Participation

Ivor Ellis spoke in objection to the application.

Gemma Ward spoke in objection to the application.

Aaron Smith spoke in support of the application.

Matt Smith spoke in support of the application.

 

Lynda King, Senior Planning Officer, presented a report which recommended that permission be refused for outline application (all matters reserved except external access) for residential development of up to 25 dwellings with access to Romsey Road, parking, open space, landscaping and drainage

 

The background to the application was explained to be the similar as the previous items at Minutes 15-17, having received initial approval by the Committee on 16 August 2023 subject to the signing of a s.106 legal agreement, with revisions to the National Planning Policy Framework (NPPF) and the impact on the planning balance and other material considerations leading to a change in recommendation from the officers.

 

Key issues included the principle of development, the site being outside the limits of development, scale of the application, and stated positive impact on local education provision.

 

Members of the Committee had the opportunity to ask technical questions of the officer. In response to queries it was confirmed Whiteparish was designated as a large village, and that no housing sites within the settlement boundary were included in the emerging Local Plan. Details were also sought on pedestrian access to the site, planning policies for new development in villages, grading of the agricultural land that would be lost and its size, and that it was for the Committee to determine how much weight to give to the material considerations, with Members noting the site, whilst outside the limits of development, was bordered on two sides by that limit and other properties.

 

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

 

The Local Unitary Member, Cllr Richard Britton, then spoke in support of the application, noting the community benefits of the application listed in the report.

 

The Committee noted the changed position with the NPPF, but that weight could also be given to other material considerations as appropriate. The previously approved conditions and legal agreement terms were raised.

 

Following a brief discussion, and on the motion of Cllr Adrian Foster, seconded by Cllr Stewart Palmen, it was then,

 

Resolved:

 

To grant planning permission, subject to the prior completion of a S106 Agreement in respect of the Heads of Terms referred to within the committee report for 16 August 2023, 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:

 

The scale of the development;

The layout of the development;

The external appearance of the development;

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)    Approved plans

 

The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

 

·         Site Location Plan – drawing no. P22-1712_DE_001_A_01, received on 12 Dec ember 2022

·         Proposed Access Arrangement- drawing no. 1294-008, received on 12 December 2022

·         Land Use Plan- drawing no. P22-1712_DE_004_B_01, received on12 December 2022.

 

 

 

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

 

5)    No development above slab level shall commence on site until the exact details and samples of the materials 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 railings, fences, gates, walls, bollards and other means of enclosure development shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

7)    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;

·         finished levels and contours;

·         other vehicle and pedestrian access and circulation areas;

·         all hard and soft surfacing materials;

·         minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

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

 

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.

 

8)    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.

 

9)    No development shall commence within the redline boundary marked on Pegasus Group Drawing: P22-1712_DE_001_A-01, dated 09/08/2022 until:

 

a)  A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved in writing by the Local Planning Authority; and

 

b)  The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance and the impact, and to make this evidence (and any archive generated) publicly accessible.

 

10) Details of the surface water drainage scheme, (including sustainable drainage details), the foul water drainage scheme and timetables for their implementation shall be submitted to the local planning authority for approval with or before the submission of reserved matters. No development shall commence until those schemes have been approved in writing by the local planning authority, and the surface water drainage scheme and the foul water drainage scheme shall then be implemented in accordance with the approved schemes and timetables, and thereafter retained.

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.

 

11) Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing. The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:

 

a)    Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing.

 

b)   Working method statements for protected/priority species, such as nesting birds and reptiles.

 

c)    Mitigation strategies already agreed with the local planning authority prior to determination, such as for great crested newts, dormice or bats; this should comprise the pre-construction/construction related elements of strategies only.

 

d)   Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW) shall be present on site.

 

e) Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).

 

f)  Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence.

 

Development shall be carried out in strict accordance with the approved CEMP.

 

The CEMP shall also address the following:

 

     i.        An introduction consisting of construction phase environmental management plan, definitions and abbreviations and project description and location;

    ii.        A description of management responsibilities;

 

  iii.        A description of the construction programme;

  iv.        Site working hours and a named person for residents to contact;

    v.        Detailed Site logistics arrangements;

  vi.        Details regarding parking, deliveries, and storage;

 vii.        Details regarding dust and noise mitigation;

viii.        Details of the hours of works and other measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; and

  ix.        Communication procedures with the LPA and local community regarding key construction issues – newsletters, fliers etc.

 

REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and are supervised by a suitably licensed and competent professional ecological consultant where applicable, and the development is carried out in such a way as to not cause a nuisance to local residents.

 

12) Prior to the start of construction, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

 

REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.

 

13) No external light fixture or fitting will be installed within the application site unless details of existing and proposed new lighting have been submitted to and approved by the Local Planning Authority in writing. The submitted details will demonstrate how the proposed lighting will impact on bat habitat compared to the existing situation.

 

REASON: to avoid illumination of habitat used by bats.

 

14) The residential development hereby approved shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage).

 

Within 3 months of each phase being completed and the housing being brought into use, a water efficiency report certifying that this standard has been achieved shall be submitted to the local planning authority for its written approval.

 

REASON: To ensure compliance with the prevailing mitigation strategy for nutrient neutrality in the water catchment within which this development is located.

 

15) 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 2.4 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 59 metres to the west and 59 metres to the east from the centre of the access in accordance with the approved plans (ref: 1294-008). Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 900mm above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

16) Notwithstanding the submitted details, the proposed development shall not be occupied until means/works have been implemented to avoid private water from entering the highway.

 

REASON: To ensure that the highway is not inundated with private water.

 

17) No development shall commence until full construction details of the proposed 2m wide footway across the site frontage together with dropped kerbs and tactile paving, street lighting and drainage, has been submitted to and approved by the Local Planning Authority; the footway and associated work shall be constructed in accordance with the approved details prior to first occupation of the development.

 

REASON: In the interests of highway safety.

 

18) There shall be no burning undertaken on site at any time.

 

REASON: In the interests of the amenities of local residents.

 

19) Construction hours shall be limited to 0800 to 1800 hrs Monday to Friday, 0800 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.

 

REASON: In the interests of the amenities of local residents.

 

20) Prior to commencement of development an acoustic report shall be submitted to the LPA for approval in writing prior to implementation. The report shall demonstrate that the internal and external amenity standards of BS8233:2014 Guidance on sound insulation and noise reduction for buildings (or any subsequent version) and WHO Guidelines for Community Noise (1999) can be achieved within the development. The report must include full details of any scheme of mitigation required to achieve this which, if approved, must be implemented in full and maintained in that way in perpetuity.

 

General: In discharging this condition the applicant should engage an Acoustic Consultant. The consultant should carry out a background noise survey and noise assessment according to BS8233: 2014 (or any subsequent version) and demonstrate that internal and external noise levels will not exceed the guideline noise levels contained in Section 7.7 (table 4) of BS8233:2014. The report should also demonstrate that internal maximum noise levels in bedrooms will not normally exceed 45dB LAmax between the hours of 23:00 and 07:00.

 

REASON: In the interests of the amenities of local residents and the occupiers of the new dwellings.

 

21) No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:

 

     i.        The movement of construction vehicles;

    ii.        The cutting or other processing of building materials on site;

  iii.        Wheel washing and vehicle wash down facilities;

  iv.        The transportation and storage of waste and building materials;

    v.        The recycling of waste materials (if any)

  vi.        The loading and unloading of equipment and materials

 vii.        The location and use of generators and temporary site accommodation

viii.        Where piling is required this must be Continuous flight auger piling wherever practicable to minimise impacts.

 

The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.

 

REASON: In the interests of the amenities of local residents.

 

22) Concurrent with the reserved matters application a Sustainable Energy Strategy (SES) shall be submitted for the approval in writing by the local planning authority. The SES shall set out the measures to deliver sustainable construction and climate change adaption, and include an implementation schedule and any approved infrastructure shall be provided in accordance with the approved schedule.

 

 

 

REASON: To ensure that the development is carried out to the prevailing sustainable construction and climate change adaption principles.

 

23) For the avoidance of doubt, the number of dwellings to be developed on the site shall not exceed 25 in number.

 

REASON: To ensure that the development is carried out in accordance with the principles considered at the Outline stage.

 

Informative Notes

 

1)    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 XXXX.

 

2)    The development hereby approved will be subject to the Community Infrastructure Levy. Wiltshire Council has now adopted a Community Infrastructure Levy (CIL) charging schedule. CIL is a charge that local authorities can place on new development in their area.  The money generated through CIL will contribute to the funding of infrastructure to support growth.

 

More information and the charging schedule for CIL can be found using the following link:

 

http://www.wiltshire.gov.uk/planninganddevelopment/dmcommunityinfrastructurelevy.htm

 

3)    The programme of archaeological work required by Condition 9 will comprise:

 

     i.        an initial phase of exploratory archaeological investigation (a field evaluation) prior to the commencement of development to establish if there are any areas of archaeological interest that will be impacted by the proposed development

    ii.        Further archaeological investigation of any areas of archaeological interest, either prior to the commencement of, or during, development

  iii.        A programme of post-fieldwork assessment, analysis, reporting and publication commensurate with the significance of the archaeological results.

 

4)    A water efficiency calculation will be needed to discharge condition 14. For guidance on how to do this and what is required, please refer to the following document: ‘The Building Regulations 2010 – Sanitation, hot water safety and water efficiency’, Appendix A (p36-44).

 

 

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/504207/BR_PDF_AD_G_2015_with_2016_amendments.pdf

 

5)    There is a low risk that great crested newts may occur at the development site. Great crested newts are protected all times by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. Planning permission for development does not provide a defence against prosecution under this legislation or substitute for the need to obtain a great crested newt mitigation licence if an offence is likely. For all construction and ground clearance works it is advised to follow advice from an independent ecologist.

 

6)    The habitat within the proposed development site and the surrounding area is suitable for roosting, foraging and commuting bats. An increase in artificial lux levels can deter bats which could result in roost abandonment and/or the severance of key foraging areas. Artificial light at night can have a substantial adverse effect on biodiversity. Any new lighting should be for the purposes for safe access and security and be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

7)    The applicant will be required to enter into a S278 (Highways Act) legal agreement with Wiltshire Council for the footway work and bellmouth.

 

8)    The layout for the Reserved Matters application shall closely follow that set out on the Illustrative Masterplan (drawing no. P22-1712_DE_003_B_01).

 

It was requested it be noted that the decision to approve permission was unanimous.