Agenda item

Residential development (use class C3) for up to 145 homes,

community orchard, children's play areas (LEAP), tree planting,

habitat creation and ecology buffers and mitigation; site drainage

and associated infrastructure. All matters reserved except for

access.

Public Participation

David Jenkins spoke in objection to the application.

Francis Morland spoke in objection to the application.

Jemma Shorrock, agent, spoke in support of the application.

Cllr John Masson, Heywood Parish Council, spoke in objection to the application.

 

The Senior Planning Officer, Gen Collins, presented a report recommending approval of an outline application for residential development (use class C3) for up to 145 homes, community orchard, children's play areas (LEAP), tree planting, habitat creation and ecology buffers and mitigation; site drainage and associated infrastructure. All detailed matters were to be reserved for a full application except for access.

 

Key issues were stated to include the principle of development, impact on landscape, heritage, highway safety and drainage. It was stated the agenda supplement included details of an update to the officer recommendation. The impacted of the tilted balance as a result of the lack of five-year housing land supply was explained, along with no technical highways objections, with details provided around proposed mitigations on highways impacts.

 

Members of the Committee then had the opportunity to ask technical questions of the officers. Details were sought on the contribution to bus service improvements included within the proposed terms for the s.106 agreement, on management of the green space on the site, on drainage matters, on the impact of additional traffic which in the view of officers would not be significant, and confirming the site was not presently an allocated housing site.

 

Members of the Public then had the opportunity to address the Committee, as detailed above.

 

The local unitary Member, Councillor Suzanne Wickham, then spoke in objection to the application. She raised issues relating to flooding and drainage, health provision, concerns relating to the proposed access and other matters.

 

In response to public comments officers provided details of extending lower speed limits around the bend of the road were the application approved and other highways mitigations, and that officers considered the proposals within safe guidelines. It was stated the NHS had not responded to the application, and drainage matters would be able to be appropriately conditioned at the reserved matters stage.

 

The item was then opened for debate. There being no further discussion, on the motion of Councillor Tony Trotman, seconded by Councillor James Sheppard to approve the application in accordance with the updated officer’s recommendation, it was then,

 

Resolved:

That the Head of Development Management be authorised to grant

planning permission, subject to completion of a planning

obligation/Section 106 agreement covering the matters set out in the

report; and subject also to the planning conditions listed below

 

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.    An application for approval of the reserved matters specified in Condition 3 below, must be made to the Local Planning Authority before the expiration of three years form the date of this permission.

 

REASON: To comply with Section 92 of the Town and Country Planning Act 1990.

 

3.    No development shall commence 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.

 

The development shall be carried out in accordance with the approved details. The reserved matters shall be submitted as a single phase, unless otherwise agreed by the Local Planning Authority.

 

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.

 

4.    The development hereby permitted shall make provision for the following:

 

(a) Up to 145 dwellings;

(b) Public open space to be sited, laid-out and equipped in accordance with the West Wiltshire Leisure and Recreation DPD (or any subsequent replacement DPD); and to include at least 4,106 sq m of general public open space and at least 171 sq m of equipped play space.

 

The ‘layout of the development’ and the ‘scale of the development’ (as to be submitted and approved under condition no. 2) shall accommodate the above broadly in accordance with the following plans:

 

• Dwg Ref: 191119L 02 01 J (Illustrative Masterplan) dated 06/22

• Dwg Ref: 191119 PP 01 (Building Height Parameter Plan) dated 11/22

• Dwg Ref: 191119 PP 04 Rev A (Areas Parameter Plan) dated 11/22

• Dwg Ref: 191119 PP 02 (Open Space Parameter Plan) dated 11/22

• Doc Ref: 191119 R 02 01 D (Design & Access Statement) dated 07/22

• Doc Ref: 4712_01E_EcIA Ecological Impact Assessment

 

Prior to commencement of the development, a programme, or phasing plan, for the delivery and completion of the dwellings and the public open space(s) shall be first submitted to, and approved in writing by, the local planning authority. The dwellings and the public open space(s) shall then be delivered and completed in accordance with the approved programme.

 

REASON: To ensure the creation of a sustainable development which is in character with its surroundings and in accordance with the terms of the planning application.

5.    The ‘means of access’ to the site and the off-site highways works shall be provided in accordance with the following drawing:

 

Dwg Ref: 4403-532 D (Proposed Site Access Layout) dated 17/08/23

 

In addition, the final layout shall include a 3 metre wide shared-use cycleway within the application site, as indicated at note 7 on illustrative Masterplan 191119L/02/01/J.

 

Prior to commencement of the development, a programme for the delivery and completion of the means of access, the off-site highways works and the shared-use cycleway shall be first submitted to, and approved in writing by, the local planning authority. The means of access to the site, the off-site highways works and the shared-use cycle way shall then be delivered and completed in accordance with the approved programme.

 

All visibility splays shown on Dwg Ref: 4403-532 D (Proposed Site Access Layout) dated 17/08/23 shall be provided prior to first use of the new means of access to the site from The Ham by any vehicle other than any vehicle connected with the initial construction of this access. The visibility splays shall thereafter be retained clear of any obstructions to visibility in perpetuity.

 

REASON: To ensure proper and timely delivery of the means of access to the site and the off-site highways works in accordance with an agreed programme and in the interests of highway safety and sustainability.

 

6.    Application/s for the approval of the reserved matters shall be in accordance with section 4.7 of the approved Design and Access Statement (Dwg Ref: 191119 R 02 01 D) regarding sustainability. An Sustainability Statement shall be submitted with each reserved matters application which demonstrates this, and the development shall be implemented in accordance with the Sustainability Statement.

 

REASON: to comply with policy CP41 and in the interests of climate change.

 

7.    No development shall commence within the area edged in red on the Location Plan (Ref 191119L/01 01) until:

 

a) A written programme of archaeological investigation, which should include on-site excavation work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved 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 enable the recording of any matters of archaeological interest

 

8.    No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details.

 

REASON: In the interests of sustainable development and climate change adaptation.

 

9.    No development shall commence on site until a scheme for the discharge of surface water from the site has been submitted to and agreed in writing by the local planning authority. This should include detailed drainage calculations which demonstrate that discharge rates from the whole developed area (2.507ha) of the site do not exceed:

 

• 1 in 1 year storm event - 1.65 l/s

• 1 in 30 year storm event - 4.14 l/s

• 1 in 100 year storm event - 5.15 l/s

 

REASON: To ensure that the development does not increase local flood risk (as a result of increase impermeability and sub-catchment transfer)

 

INFORMATIVE:

As part of the above condition, detailed drainage information must include:

• Calculations and drawings for the drainage system design showing conveyance routes are designed to convey without flooding the critical 1 in 30 year + climate change rainfall event.

• Calculations and drawings for the drainage system design showing attenuation features are designed to attenuate without flooding the critical 1 in 100 year rainfall event + climate change.

• Calculations should include an allowance for increased surface water runoff, as a result of urban creep, in accordance with LASOO guidance.

• Hydraulic Models should set the MADD factor / additional storage volume factor to 0m3 / ha in order to prevent an overestimation of storage capacity in the proposed

drainage network.

• As a result of the discharge to the surface water sewer, the applicant should also confirm the above hydraulic parameters are met when considering a surcharged outfall.

 

10. (a) No development shall commence on site until a detailed drainage ownership and management plan has been submitted to the local planning authority for approval in writing. This shall detail the required maintenance activities for drainage (including SuDS) features, along with details on how frequently these activities will be completed, and the party responsible for maintenance (e.g. private residential owners / Wessex Water / private management company). The development shall be carried out and latterly maintained in accordance with the approved drainage ownership and maintenance plan.

(b) Also no development shall commence on site until copies of legal agreements which confirm that the developer has the right to cross 3rd party land and discharge to the ordinary watercourse in perpetuity have been submitted to the local planning authority and agreed in writing. The legal agreements must demonstrate that the developer has permission to cross third party land to enable the drainage system to be constructed, and for it to be maintained throughout its whole design life.

 

REASON; To prevent an increase in local flood risk (as a consequence of poor maintenance) over the design life of the development.

 

INFORMATIVE: If a new sewer is requisitioned by Wessex Water, then part (b) of this condition will not be required; however evidence of the requisitioned sewer will be required, as well as confirmation from Wessex Water that the applicant is permitted to discharge to their asset.

 

11. The development hereby approved shall not commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures:

 

i. An introduction consisting of a 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 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;

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

x. Details of how surface water quantity and quality will be managed throughout construction;

xi. Details of the safeguarding measures to deal with the following pollution risks:

• the use of plant and machinery

• wheel washing and vehicle wash-down and disposal of resultant dirty water

• oils/chemicals and materials

• the use and routing of heavy plant and vehicles

• the location and form of work and storage areas and compounds

• the control and removal of spoil and wastes

xii. Details of safeguarding measures to highway safety to include:

• A Traffic Management Plan (including signage drawing(s))

• Routing Plan

• Details of temporary/permanent Traffic Regulation Orders

• pre-condition photo survey - Highway dilapidation survey

• Number (daily/weekly) and size of delivery vehicles.

• Number of staff vehicle movements.

xiii. In addition, the Plan shall provide details of the ecological avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:

a. Pre-development species surveys including but not exclusively roosting bats, otter, water vole and birds.

b. Phasing plan for habitat creation and landscape works including advanced planting proposals including pre-development provision of ‘alternative space for recreation’.

c. Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g.

protection fencing.

d. Working method statements for protected/priority species, such as nesting birds, reptiles, amphibians, roosting bats, badger and dormice.

e. 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.

f. Key personnel, responsibilities and contact details (including Site

Manager and ecologist/ECoW).

g. 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.

 

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

 

Construction hours shall be limited to 0730 to 1800 hrs Monday to Friday, 0730 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.

 

The development shall subsequently be implemented in accordance with the approved details of the CEMP.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, and detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase and in compliance with Core Strategy Policy 62.

 

12. Prior to the start of construction ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority.

 

The LEMP will detail long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development (other than small, privately owned, domestic gardens) including, but not exclusively: Wildlife ponds and wetland for SUDS, Floodplain Wetland Mosaic (wet grassland, scrapes, reedbed), native tree and scrub planting, semi-natural neutral meadow grassland and retained hedge, scrub and trees.

 

The LEMP will include:

 

• A phasing plan demonstrating the timing of habitat creation works in relation to Zone A and Zone B TBMS landscape buffers and advanced planting proposals including predevelopment provision of ‘alternative space for recreation’ will be completed in advance of or alongside vegetation stripping.

• A plan specifying the location and type of integral bird nesting features (including for swift) and bat roosting features to be provided. Numbers to be provided in line with best practice guidelines.

• Distinguishing between formal and informal open space and land required to meet mitigation and BNG objectives.

• Details of how habitats created will be managed to achieve predicted BNG gains for the duration of the development.

• A mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.

• Details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured.

 

The LEMP shall be implemented as approved 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 lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority. The plans will be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2011, ‘Guidance for the

Reduction of Obtrusive Light’ (ILP, 2011), and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

Where light spill has the potential to impact bat habitat, a lighting impact assessment must be submitted with the reserved matter application(s) to demonstrate the requirements of section 8.3 of the Trowbridge Bat Mitigation Strategy February 2020 are met.

 

The approved lighting shall be installed and maintained in accordance with the approved details and no additional external lighting shall be installed. This condition will be discharged when a post-development lighting survey conducted in accordance with section 8.3.4 of the Trowbridge Bat Mitigation Strategy has been submitted to the

Local Planning Authority demonstrating compliance with the approved lighting plans, having implemented and retested any necessary remedial measures.

 

REASON: In the interests of the amenities of the area, to minimise unnecessary light spillage above and outside the development site and to ensure lighting meets the requirements of the Trowbridge Bat Mitigation Strategy.

 

14. No development shall commence on site until an Acoustic Design Scheme for the protection of the proposed dwellings from external traffic noise has been submitted to and approved in writing by the Local Planning Authority. The Acoustic Design Scheme shall use Good Acoustic Design (in accordance with the Professional Practice

Guidance: Planning and Noise New Residential Development (May 2017 or later versions)) to achieve the following noise limits:

 

a. bedrooms shall achieve an 8-hour LAeq (23:00 to 07:00) of 30dB(A) and an LAmax,F of 45dB based on the 10th highest measured level.

b. living rooms and dining rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A)

c. external noise levels within private external amenity spaces shall not exceed 55 dB LAeq,16hr (0700 – 2300)

 

The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained. For the avoidance of doubt, using closed windows to achieve the internal noise level target shall only be considered once all other good acoustic design acoustic mitigation measures have been utilised.

 

A post completion report, prepared by the acoustic consultancy who designed the Acoustic Design Scheme or other suitably qualified expert, shall be submitted to the LPA to a timetable as detailed within the approved Acoustic Design Scheme to confirm compliance with the approved scheme and approved in writing by the LPA. Any additional steps required to achieve compliance shall be taken, as necessary. The

report shall provide evidence that the approved Acoustic Design Scheme has been fully implemented.

 

REASON: To safeguard the amenities of the occupiers of the new development.

 

INFORMATIVE: A good acoustic design process should be followed to ensure that the internal noise criteria are achieved with windows open. Using closed windows to achieve the internal noise level target shall only be considered once all other good acoustic design acoustic mitigation measures have been utilised. When relying on closed windows to meet the internal guide values, there needs to be an appropriate method of ventilation that does not compromise the façade insulation or the resulting internal ambient noise level.

 

15. No development shall commence on site until an Acoustic Design Scheme for the protection of internal noise levels and private external amenity areas of the proposed dwellings from entertainment and industrial noise has been submitted to and approved in writing by the local planning authority. The Acoustic Design Scheme shall use Good

Acoustic Design (in accordance with the Professional Practice Guidance: Planning and Noise- New Residential Development (May 2017 or later versions)) and it shall include the site layout (showing barrier blocks), internal dwelling layouts, façade construction

including design and installation and manufacturers details of windows and ventilation and boundary treatments.

 

Unless alternative criteria are agreed with the local planning authority for areas of the site which are within 320 m of the West Wiltshire Trading Estate boundary, (ie closer than existing dwellings), the design shall achieve a rating level (LArTr), due to noise from West Wiltshire Trading Estate, of equal to and no greater than typical background sound levels (LA90T) for facades with openable windows to habitable rooms (living

rooms and bedrooms) and for private external amenity areas when assessed using BS4142:2014+A1:2019 or any subsequent version.

Unless alternative criteria are agreed with the local planning authority, internal noise levels from entertainment noise, shall be designed to not exceed the following:

 

• NR 20 dB Leq,15minutes

• NR 20 dB LFMax

• The LFN Reference Curve within Table 9 of NANR45 revision 1 December 2011 - Procedure for the Assessment of Low Frequency Noise Complaints.

 

A post completion report, prepared by the acoustic consultancy who designed the Acoustic Design Scheme or other suitably qualified expert, shall be submitted to the LPA to a timetable as detailed within the approved Acoustic Design Scheme to confirm compliance with the approved scheme and approved in writing by the LPA. Any

additional steps required to achieve compliance shall be taken, as necessary. The report shall provide evidence that the approved Acoustic Design Scheme has been fully implemented. The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained.

 

REASON: To safeguard the amenities of the occupiers of the new development.

 

INFORMATIVE: A good acoustic design process should be followed to ensure that the internal noise criteria are achieved with windows open. Using closed windows to achieve the internal noise level target shall only be considered once all other good acoustic design acoustic mitigation measures have been utilised. When relying on closed windows to meet the internal guide values, there needs to be an appropriate method of ventilation that does not compromise the façade insulation or the resulting internal ambient noise level.

 

16. Prior to commencement of development a scheme for the provision of at least one public ‘rapid charging’ point in a publicly accessible parking area or bay shall be submitted to and improved in writing by the local planning authority. The public rapid charging point shall be installed and be ready for use prior to the first occupation of the 100th dwelling or in accordance with a programme to be first agreed by the local

planning authority, whichever is the sooner. The public rapid charging point shall thereafter be retained and shall remain operational at all times (other than when under-going reasonable maintenance).

 

REASON: In the interests of mitigating the impact of the development on the environment in accordance with Core Policy 60(vi).

 

17. Prior to commencement of the development a Construction Traffic Management Plan shall be submitted to and approved by the Local Planning Authority. The Plan shall include details of construction vehicle routing, construction staff vehicle parking areas within the site, local road cleaning, and measures to prevent excessive mud and dust

being deposited on the public highway. The site construction shall be carried out in accordance with the approved plan.

 

REASON: In the interests of highway safety and road user convenience.

 

18. Within three months of the commencement of the development the existing northern vehicular access point to Glenmore Farm (for the avoidance of doubt the vehicular access to Hawkridge Road located 63 metres north-west of Shallow Wagon Lane) shall have been properly and permanently closed and the highway verge reinstated. Thereafter the access point shall remain closed in perpetuity.

 

REASON: In the interests of preventing continued use of an unsafe access point to the public highway when an alternative good standard access point is available for use.

 

19. Prior to occupation of the 30th dwelling, or in accordance with a programme to be first approved in writing by the local planning authority, two bus stops including shelters and raised height bus passenger access kerbing (one on Hawkeridge Road for northbound passengers, and one on The Ham for southbound passengers) shall have been provided in accordance with details to be first submitted to and approved by the Local Planning Authority.

 

REASON: in the interests of providing safe and convenient access to public transport for occupiers of the development.

 

Further Informatives:

The development should include water-efficient systems and fittings. These should include dual-flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating (as a minimum). Greywater recycling and rainwater harvesting should be considered. An appropriately submitted scheme to discharge the condition will include a water usage calculator showing how the development will not exceed a total (internal and external) usage level of 110 litres per person per day.

 

The applicant is advised to receive all necessary Highway Authority Approvals before commencing works within the Highway.