Agenda item

Demolition of former coach depot buildings and bungalow; redevelopment of site for 27no. dwellings including associated highways, parking and landscaping.

Public Participation

 

·       Mel Clinton (Nash Partnership, on Behalf of Stonewater Housing) – spoke in support of/opposition to the application

·       Cllr Owen White, Lugershall Town Council – spoke in objection to the application

 

The Senior Planning and Conservation Officer Georgina Wright introduced a report which recommended that the application for the demolition of former coach depot buildings and bungalow; redevelopment of site for 27 dwellings including associated highways, parking and landscaping, be approved. Key details were stated to include the principle of development, design, highway and ecological impacts.

 

Attention was drawn that the plan references in Condition 2 of the report needed to be amended to correctly identify plans submitted for approval; and Condition 9 in the recommendation needed to be amended to include reference to the two metre wide footpath as well as the 1.5 metre wide footpath. It was also noted that outline permission for 25 dwellings was granted in 2017 and that as a subsequent reserved matters application had been submitted that was still undetermined, the original 2017 application remained a material consideration for the Committee when assessing the application before them. It was noted that the proposals had identified six affordable housing units, 22 percent of the total. However, the Applicant was a Housing Association and had indicated that it was their intention to build the site with 100 percent affordable housing.

 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning and Conservation Officer. Details were sought on whether discussions had been held with the nearby Tesco Express regarding access arrangements for their delivery vehicles. In response, the Senior Planning and Conservation Officer explained that, although Tesco had raised road safety concerns, Wiltshire Council’s Highways Team were satisfied that viable alternative arrangements were available. It was also noted that the extant permission from 2017 had set a precedent that 25 residential units could be adequately accessed using the same access point.   

 

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

 

The Unitary Division Member, Cllr Christopher Williams then spoke about the application, explaining that he had called the application in to gain clarification about the project and in particular the access.

 

In response to the points raised by the public and Unitary Division Member, the Senior Planning and Conservation Officer explained that the development had a H shaped cul-de-sac layout which would allow turning points for larger vehicles. She reiterated that Wiltshire Council’s Highways Team had not objected to the application on highway safety grounds.

 

So that the Committee had something to debate, the Chairman, seconded by Cllr Jerry Kunkler, proposed that the application be granted subject to the conditions outlined in the report, subject to the revisions advised by the Senior Planning Officer, and the agreement of a S106 agreement to secure affordable Housing and contributions towards off site infrastructure.

 

A debate followed where the number and height of the houses as well as the provision of affordable dwellings were discussed.

 

 

At the conclusion of the debate, it was:

 

Resolved

 

To GRANT permission for the demolition of former coach depot buildings and bungalow; redevelopment of site for 27 dwellings including associated highways, parking and landscaping, subject to Conditions and S106 to secure affordable housing and contributions towards off site infrastructure.

 

Conditions

 

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:

 

          Application Form & Certificate

          Ref: LP.01 Rev B – Location Plan.  Received – 25.03.2022

          Ref: DP.01 Rev B – Demolitions Plan.  Received – 25.03.2022

          Ref: SL.01 Rev R – Site Layout.  Received – 01.08.2023

          Ref: CSL.01 Rev R – Coloured Site Layout.  Received – 01.08.2023

          Ref: SE.01 Rev N – Street Elevations.  Received – 01.08.2023

Ref: CSE.01 Rev N – Coloured Street Elevations.  Received – 01.08.2023

          Ref: RP.01 Rev N – Roof Plan.  Received – 01.08.2023

Ref: 7280.214 Ref F – Proposed Access Arrangements Shared Space.  Received – 04.05.2023 Ref: P.1-2_8-9.e Rev C – Plots 1-2 and 8-9 (HT.3B5P) Elevations.  Received – 04.05.2023

Ref: P.1-2_8-9.p Rev C – Plots 1-2 and 8-9 (HT.3B5P) Floor Plans.  Received 0- 04.05.2023

          Ref: P.3-4.e Rev B – Plots 3-4 Elevations.  Received – 25.03.2022

          Ref: P.3-4.p Rev B – Plot 3-4 Plans.  Received – 25.03.2022

Ref: HT.2B4P(2blk).e Rev C – Plots 5-6 House Type 2B4P (2 block) Elevations.  Received – 25.03.2023

Ref: HT.2B4P(2blk).p Rev C – Plots 5-6 House Type 2B4P (2 block) Plans.  Received – 25.03.2023

Ref: HT.3B5P.e Rev A – Plots 7 & 14 House Type 3B5P Elevations.  Received – 25.03.2023

Ref: HT.3B5P.p Rev A – Plots 7 & 14 House Type 3B5P Floor Plans.  Received – 25.03.2022

Ref: HT.2B4P(4blk).e Rev D – Plots 10-13 House Type 2B4P (4 block) Elevations.  Received – 04.05.2023

Ref: HT.2B4P(4blk).p Rev D – Plots 10-13 House Type 2B4P (4 block) Plans.  Received – 04.05.2023

Ref: HT.2B4P(3blk).e Rev D – Plots 15-17, 18-20 House Type 2B4P (3 block) Elevations.  Received – 14.12.2022

Ref: HT.2B4P(3blk).p       Rev D – Plots 15-17, 18-20 House Type 2B4P (3 block) Plans.  Received – 15.12.2022

Ref: HT.3B5P(3blk).e Rev B – Plots 21-23 House Type 3B5P (3 Block) Elevations.  Received – 14.12.2022

Ref: HT.3B5P(3blk).p Rev B – Plots 21-23 House Type 3B5P (3 block) Floor Plans.  Received – 14.12.2022

Ref:    P.24-27.e Rev B – Plots 24-27 (2B Flats) Elevations.  Received – 01.08.2023

Ref: P.24-27.p1 Rev B – Plots 24-27 (2B flats) Floor Plans Sheet 1 of 2.  Received -0 01.08.2023

Ref: P.24-27.p2 Rev B – Plots 24-27 (2B Flats) Floor Plans Sheet 2 of 2.   Received – 01.08.2023

Ref: BCS.01.pe Rev E – Bin & Cycle Storage Plan and Elevations.  Received – 04.05.2023

Ref: SH.01.pe Rev B – Timber Shed Plans & Elevations.  Received – 25.03.2022

Ref: DML.01 Rev N – Dwelling Materials Layout.  Received – 01.08.2023

Ref: BML.01 Rev N – Boundary Materials Layout.  Received – 01.08.2023.

Ref: AHL.01 Rev R – Affordable Housing Layout.  Received – 01.08.2023

Ref: DREW1811106 Rev Q – Accommodation Schedule.  Received – 04.05.2023

Ref: EML.01 Rev B – Ecological Mitigation Layout.  Received – 01.08.2023

Ref: PVL.01 Rev N – Photovoltaic Panel Layout.  Received – 01.08.2023

          Ref: RSL.01 Rev N – Refuse Strategy Layout.  Received – 01.08.2023

 

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

 

3.    No development 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.

 

4.    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;

• means of enclosure;

• car park layouts;

• other vehicle and pedestrian access and circulation areas;

• all hard and soft surfacing materials;

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5.    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.

 

6.    No development shall commence on site (including any works of demolition), until a Demolition and Construction Management Statement (DCMS), together with a site plan, has been submitted to and approved in writing by the Local Planning Authority.  The DCMS shall include the following details:

 

1.  An introduction consisting of demolition phase environmental management plan and Construction phase environmental management plan, definitions and abbreviations and project description and location;

2. A description of the intended demolition programme;

3. A named person and telephone number for residents and the Local Planning Authority to contact during the construction phase;

4. The intended dust and noise mitigation during demolition and construction phases;

5. the intended parking of vehicles of site operatives, visitors and deliveries;

6. loading, unloading and storage of plant, equipment and materials;

7.  storage of plant and materials used in constructing the development;

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

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

10. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

11. wheel washing and vehicle wash down facilities;

12. measures to control the emission of dust and dirt during construction;

13. a scheme for recycling/disposing of waste resulting from demolition and construction works; and

14. measures for the protection of the natural environment.

15. hours of construction, including deliveries;

16. Measures to protect pedestrians visiting the shops and food store to the front of the site

17. a photographic pre-condition highway survey of the highway.  Within 6 months of the completion of the development hereby approved, any damage that has occurred to the highway shall be restored to its former condition in accordance with the pre condition survey.

 

The development shall be carried out in strict accordance with the approved DCMS at all times throughout the construction period .

 

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.

 

7.    No development shall commence on site (including any works of demolition), until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The Construction Method Statement shall include the following details:

 

1. Routing plan

2. Traffic Management Plan (including signage drawing(s))

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

4. Number of staff vehicle movements.

5. Details of temporary/permanent Traffic Regulation Orders

6. Phases plan

 

The development shall be carried out in strict accordance with the approved Construction Method Statement throughout the construction period.

 

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.

 

8.    Notwithstanding the approved plans, no development shall commence on site until a new access arrangement plan has been submitted to and approved in writing by the Local Planning Authority, to show rumble strips on the internal access track into the site.  None of the dwellings or development hereby approved shall be first occupied, until access into the development has been laid out and constructed in accordance with the agreed 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 highways safety.

 

9.    None of the dwellings or development hereby approved shall be first occupied until the 2 and 1.5 metre wide footway on the western side of the access road, as shown on Plan Ref: 7280.214 Ref F – Proposed Access Arrangements Shared Space, has been laid out and provided in accordance with the approved details.  The pathway shall be maintained and kept available for this use for the lifetime of the development.

 

REASON: In the interests of providing a safe access to the development.

 

10. None of the dwellings or development hereby approved shall be first occupied until the access, turning areas and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall always be maintained for those purposes thereafter and maintained free from the storage of materials.

 

          REASON: In the interests of highway safety.

 

11. 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 windows, doors or other form of openings other than those shown on the approved plans, shall be inserted in the southern elevation of Plots 1, 3, 7, 14 and 17 of the development hereby permitted.

 

          REASON:  In the interests of residential amenity and privacy.

 

12. Notwithstanding the submitted Drainage Strategy, 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 throughout the site, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

13.The dwellings hereby approved shall not be occupied until the Building Regulations Optional requirement of maximum water use of 110 litres per person per day has been complied with.

 

REASON: To ensure compliance with the prevailing mitigation strategy for nutrient neutrality in the water catchment within which this development is located; and to meet the demands of climate change.

 

14. None of the dwellings or development hereby permitted shall be first occupied until the bat mitigation and ecological enhancement measures set out in the submitted Phase 1 and 2 Bat Surveys; the Bat Emergence/Re-entry Surveys and Mitigation Report; and as identified on Plan Ref: EML.01 Rev B – Ecological Mitigation Layout have been installed in accordance with the agreed details.  The approved mitigation measures shall be maintained and retained on site for the lifetime of the development.

 

REASON: To ensure the protection of Protected Species and to enhance the biodiversity of the site

 

15. The dwelling hereby approved on Plot 1 shall not be first occupied until the 1.8 metre high wall has been erected along the full southern boundary of this plot in accordance with the details identified on Plan Ref: BLM.01 Rev N – Boundary Material Layout; and to a specification as identified in section 9.2 of Acoustic Consultants Ltd Noise Impact Assessment Reference 10121/SF dated 15.03.3023.  The wall shall be maintained and retailed thereafter for the lifetime of the development.

 

REASON: In the interests of the residential amenities of the occupants of Plot 1 to reduce the impact of noise.

 

16. Before the dwelling hereby approved on Plot 1 is first occupied, the 1st floor landing window on the southern elevation shall be permanently fixed shut and shall be retained as such for the life time of the development.

 

REASON: In the interests of the residential amenities of the occupants of Plot 1 to reduce the impact of noise.

 

17. No construction shall commence on the dwellings on plots 1, 2, 3, 8 and/or 9 until details of a scheme for protecting the future residents from external commercial/industrial noise has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed in accordance with the mitigation measures identified in section 9 of Acoustic Consultants Ltd Noise Impact Assessment Reference 10121/SF dated 15.03.3023.  The approved scheme shall also demonstrate, that to minimise funnelling of noise into the room but to enable ventilation, the first floor dual pane bedroom windows to plots 1 and 2 shall have one fixed pane and the other pane nearest the noise source shall be openable. The scheme shall also include full details of the intended mechanical ventilation system that will be provided to plots 1 and 2, including attenuators, required to meet the internal noise level target for noise from the system itself and external noise of 20dB LAeq as detailed in Acoustic Consultants Ltd letter dated 03.01.2024.  the development shall be constructed in accordance with the agreed scheme prior to the first occupation of the dwellings hereby approved.  A post installation noise assessment shall be carried out within 3 months of completion of the development to confirm compliance with the noise criteria and additional steps required to achieve compliance shall be taken, as necessary. The approved measures shall thereafter be permanently retained for the lifetime of the development.

 

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 residential amenities.

 

18.The internal floor plan layout of plots 24-27 shall be constructed to ensure that no windows to habitable rooms are positioned on the southern elevation facing Tesco Express. 

 

REASON: In the interests of the residential amenities of the occupants of Plots 24-27 to reduce the impact of noise.

 

19. No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 0800 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

          REASON: in the interests of the residential amenities of the area

 

20. No development shall commence on site until a scheme of Ultra Low Energy Vehicle infrastructure has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved scheme and the Ultra Low Energy Vehicle Infrastructure should be retained and maintained in accordance with the manufacturer’s details for the life time of the development

 

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 reduce the impact of the development on the area’s air quality and to mitigate emission levels in order to protect public health, environmental quality and amenity.

 

21. If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until a remediation strategy detailing how this contamination shall be dealt with and mitigated has been submitted to and approved in writing by the Local Planning Authority. The development shall recontinue in accordance with the approved details.

 

REASON: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site.

 

 

INFORMATIVES

 

1)    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.

 

2)    A European Protected Species Licence (EPSL) is required as the buildings on site are currently used as bat roosts. Under the Conservation of Habitats and Species Regulations 2017, it is an offence to harm or disturb bats or damage or destroy their roosts. Planning permission for development does not provide a defence against prosecution under this legislation. The applicant is advised that a European Protected Species Licence will be required before any work is undertaken to implement this planning permission.

 

3)    The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2017) it is an offence to disturb or harm any protected species including for example, breeding birds and reptiles. The protection offered to some species such as bats, extends beyond the individual animals to the places they use for shelter or resting. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. Please see Natural England’s website for further information on protected species.

 

4)    Please note that a short-form S278 agreement or vehicle cross-over licence will be required to undertake the access work on the public highway. The applicant is advised to contact Highways Development Control for further advice on this matter. With regard to this application anything outside of the red lining (including the Tesco store) is not included in the development. 

 

5)    Please note that the Council’s Waste Management Team will only operate on private land where an indemnity is signed by the landowner. The Council will also require an indemnity to operate on any roads prior to their adoption.

 

6)    Please note that no surface water drainage system should be installed in areas of potential mobile contamination.

 

7)    It is advised that you follow the risk management framework provided in Land Contamination: Risk Management, when dealing with land affected by contamination.  Please refer to our Guiding principles for land contamination for the type of information that is required in order to assess risks to controlled waters from the site.  Please consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed.  Please also refer to the contaminated land pages on gov.uk for more information

 

8)    Please note that the CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works is waste or has ceased to be waste. Under the Code of Practice:

 

 

• excavated materials that are recovered via a treatment operation can be reused on-site providing they are treated to a standard such that they are fit for purpose and unlikely to cause pollution

• treated materials can be transferred between sites as part of a hub and cluster project

• some naturally occurring clean material can be transferred directly between sites.

 

You should therefore ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on-site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. 

 

9)    You are advised to refer to the position statement on the Definition of Waste: Development Industry Code of Practice and the waste management page on GOV.Uk

 

10) Please note that contaminated soil that is (or must be) disposed of is waste. Therefore, its handling, transport, treatment and disposal are subject to waste management legislation, which includes:

 

 

•  Duty of Care Regulations 1991

•  Hazardous Waste (England and Wales) Regulations 2005

•  Environmental Permitting (England and Wales) Regulations 2016

•  The Waste (England and Wales) Regulations 2011

 

You should therefore ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. 

 

11) Please note that if the total quantity of hazardous waste material produced or taken off-site is 500kg or greater in any 12 month period, you will need to register with the Environment Agency as a hazardous waste producer. Refer to the hazardous waste pages on GOV.UK for more information.