Agenda item

Reinstatement of a stretch of approximately 140m of the B4069, the Lyneham Banks section, located 2km northwest of Lyneham, including associated engineering, land drainage works and demolition.

Callan Powers, Senior Planning Officer, introduced a report which recommended that the application for the reinstatement of a stretch of approximately 140m of the B4069, known as the Lyneham Banks section, located 2km northwest of Lyneham, including associated engineering, land drainage works and demolition, be approved with conditions.

 

The officer explained that the road was a single carriageway road up a steep hill to Lyneham, that had been closed since February 2022 following a major landslip. Slides of the damage were shown to the Committee, which was quite extensive, and the road remains currently unusable.

 

The Committee was informed that the application site extends to approximately 4 hectares and includes land above and below the road. The land below the road was described as agricultural with the land above the road being occupied by an incomplete dwelling.

 

The Committee heard that there were no landscape or heritage concerns with the proposal.

 

As a result of the road closure, detours were in place, putting pressure on a single-track road which had to be made one way, and the Committee heard there were long diversions in place that have had significant effects on local residents.

 

Plans were shown of the proposed works, which included a herringbone drainage system and engineering works to redesign the slope. Site management plans covering the construction phase would require conditioning to ensure the works are completed in a timely manner.

 

The proposal would deliver substantial benefit and subject to planning conditions, officers were very supportive.

 

In response to technical questions from Members of the committee, the officer explained that the application was before the committee as it had met the threshold for a regulation 3 application (being a Wiltshire Council application which had received at least 1 objection from a member of the public). It was further confirmed that had it not received any objections, the application would likely have been made under delegated authority.

 

In relation to a query about compulsory purchase, Jack Francis, from the Councils highways project team, explained that there was an agreement in principle for the land to the north of the highway, and ongoing negotiations regarding land to the south. The Committee was informed of the statutory powers available to the Council, if required.

 

In relation to land drainage, the scheme would improve matters and there would not be additional flow as a result of the works, in fact the solution would provide a 20% betterment.

 

In response to questions regarding the cost of the scheme, Members were advised that this was not a planning consideration. However, Members could look back at reports which went to the Cabinet meeting on 16 April 2024 for further details, including potential costs.

 

It was furthermore confirmed that the intention was that there would be no built form on the land to the north of the road and that the incomplete dwelling would be removed. In relation to the stability of the rest of the road, officers confirmed that it would continue to be monitored.

 

Members then queried how locals were managing without the road and whether it had been proved that it was better to reinstate the road. Officers responded by informing Committee that the temporary arrangements had been very difficult for the local community, and that the temporary arrangements were not considered suitable for the long-term.

 

In terms of alternatives, the highways team confirmed they had looked at a lot of options, including abandoning the route and looking elsewhere. The “do nothing” scenario was considered very unsatisfactory, and the Committee were reminded that Wiltshire Council as the Highways Authority has a duty to repair the road, but such powers would not extend to creating a new road and route (and that such a proposal was not before the Committee in any case).

 

The only option open for Committee consideration was to repair the existing route.

 

There were no public speakers. Cllr Elizabeth Threlfall read a statement for the unitary division Member for Lyneham, Cllr Allison Bucknell, who was unable to attend, due to her attendance at a concurrent planning appeal.

 

Cllr Bucknell’s statement paid tribute to the officers for all their hard work to get things to this point. Within her statement Cllr Bucknell requested a minor amendment to condition 5 requesting an additional bullet point, for the following:

 

j) confirming the points of contact within the project team/on-site construction team (when known) to keep local residents, and the parish councils fully informed of the on-site progress.

 

Officers stated they were supportive of this minor amendment.

 

Cllr Threlfall then spoke as the unitary division Member for Brinkworth. Cllr Threlfall stated that there had been international interest in the engineering project, and that the project had received a large number of bidders for its construction, and was particularly pleased to read that the road would last for 60 years.

 

Cllr Threlfall described the issues that locals were having with increased traffic on local lanes and speeding. Cllr Threlfall echoed Cllr Bucknell’s request to maintain communication with local residents and the respective parishes. 

 

Cllr Threlfall then proposed the officer recommendation, with Cllr Bucknell’s amendment. This was seconded by Cllr Pip Ridout.

 

A debate followed where Members were supportive of the application and were looking forward to getting the situation resolved. It was highlighted that the finances for the project had been looked at by the Financial Planning Task Group and that the Environment Select Committee had undertaken scrutiny.

 

At the conclusion of the debate it was,

 

Resolved:

 

To grant permission, subject to the following conditions:

 

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

Drawing No. LYN-ATK-GEN-XX-DR-LL-000001 Rev C02: Landscape Plan, dated 29/02/24 and received 29 February 2024;

Drawing No. LYN-ATK-GEN-XX-DR-CD-000001 Rev C01: Drainage Layout Plan 1, dated 15/12/23 and received 29 February 2024;

Drawing No. LYN-ATK-GEN-XX-DR-CD-000002 Rev C02: Drainage Layout Plan 1, dated 16/12/23 and received 29 February 2024;

Drawing No. LYN-ATK-GEN-XX-DR-CD-000003 Rev C01: Field Drainage Layout Plan, dated 15/12/23 and received 29 February 2024;

Drawing No. LYN-ATK-GEN-XX-DR-LL-000004 Rev P01.1: Cross Section, received 23 April 2024;

Drawing No. LYN-ATK-SRW-XX-DR-CB-000001 Rev C01: Retaining Wall General Arrangement, dated 14/12/23 and received 23 May 2024;

Drawing No. LYN-ATK-GEN-XX-DR-CH-000006 Rev C01: Proposed Site Plan Sheet 1, dated 20/02/24 and received 29 February 2024;

Drawing No. LYN-ATK-GEN-XX-DR-CH-000007 Rev C01: Proposed Site Plan Sheet 2, dated 20/02/24 and received 29 February 2024;

Drawing No.  LYN-ATK-HGN-XX-DR-CH-000013 Rev C01: Proposed Retaining Wall Profile, dated 20/02/24 and received 29 February 2024;

Document No. LYN-ATK-EGN-XX-SP-CH-000001 Rev C01: Landscape Specification, dated 14/12/23 and received 23 April 2024;

Document No. LYN-ATK-GEN-XX-RP-LW-000001 Rev 1.0: Flood Risk Assessment, dated 28/02/2024 and received 29 February 2024;

Document No. LYN-ATK-GEN-XX-RP-LP-000002 Rev 1.0: Design and Access Statement, dated 29/02/2024 and received 29 February 2024;

Document No. LYN-ATK-EGT-XX-RP-CE-000001 Rev 1.0: Geo-Environmental Assessment Report, dated 27/02/24 and received 29 February 2024;

Document No. 5214576/GEO/RP/02 Rev 1.0: Ground Investigation Report, dated 02/06/23 and received 29 February 2024;

Protected Species Report, dated 26/02/24 and received 29 February 2024;

Preliminary Ecological Appraisal Rev 2.0, dated 28/02/2024 and received 29 February 2024; and

Application Form, dated 29/02/2024 and received 29 February 2024.

 

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

 

2. 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.

 

3. No development shall commence, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. 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).

 

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

 

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.

 

4. No development shall take place until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The LEMP should 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 be implemented in full and for a minimum period of 5 years, to ensure establishment and development of suitable natural features within the site.

 

REASON: To ensure the successful establishment 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.

 

5. No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement should include, at a minimum, details of:

a) the parking of vehicles of site operatives and visitors;

b) loading and unloading of plant and materials;

c) storage of plant and materials used in constructing the development;

d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, if needed and where appropriate;

e) wheel washing facilities;

f) measures to control the emission of dust and dirt during construction;

g) a scheme for recycling/disposing of waste resulting from demolition and construction works;

h) measures for the protection of the natural environment; and

i) hours of construction, including deliveries.

j) how communications will be made with residents and Parish Councils, includingcontact details for reporting any issues.

 

The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

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 minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

6. Development shall not proceed other than in accordance with the recommendations set out at Section 7.2 of the approved Geo-Environmental Assessment Report regarding management of contaminated land, including the provisions for the handling of materials contaminated with asbestos.

 

REASON: To manage risks associated with land contamination in the construction phase and thereafter.

 

7. 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.

 

INFORMATIVES TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

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.

 

The applicant should note that the works hereby approved involve works on land where there is known or suspected asbestos contamination. Asbestos materials should only be removed by a licenced contractor, Asbestos waste is classified as 'special waste' and as such, can only be disposed of at a site licensed by the Environment Agency. Any contractor used must also be licensed to carry 'special waste'.