Agenda item

Erection of 24 dwellings (10 affordable and 14 market dwellings) and associated works and widening of the public right of way along the eastern site boundary.

Public Participation

 

• Mr Les Durrant – spoke in support of the application

 

The Senior Planning Officer David Millinship introduced a report which recommended that the application for the erection of 24 dwellings, 10 of which would be affordable and 14 sold at market value, be approved. The scheme would also involve associated works and the widening of the public right of way alongside the eastern boundary of the site. Key details were stated to include the principle of development, design, highway conservation and landscape impacts.

 

Attention was drawn to the measures that the proposed development was on a brownfield site, within the defined settlement boundary of Marlborough and adjoined other residential areas. The scheme would involve the retention and enhancement of a wooded tree belt surrounding the site and new areas of landscaping would be created. 

 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought on whether it would be possible to condition who the market rate properties were sold to and it was confirmed that this would not be possible.

 

In response to a query about whether the development would comply with the design guide approved by Wiltshire Council on 20 February 2024, the Senior Planning Officer was not able to say categorically but it was his understanding that it would meet most of the recommendations. The proposed development was judged to be capable of satisfying the requirements of good design as set out in Core Policy 57 of the Wiltshire Core Strategy. It was noted that there was a proposed condition in the report relating to the construction materials to be used.

 

Members of the public then had the opportunity to present their views to the committee as detailed above. It was confirmed that the rubble on the site was a legacy of the old railway station in Marlborough.

 

The Unitary Division Member, Cllr Jane Davies, was not in attendance.

 

The Senior Planning Officer was given the opportunity to respond to the points raised by the public.

 

So that the Committee had something to debate, the Chairman, seconded by Cllr Adrian Foster, proposed that the application be granted, subject to entering into a legal agreement to secure the financial contributions in the report and to secure a scheme of 10 affordable housing units, as well as to secure the requirement to enter into an agreement with the Local Highway Authority to complete the widening and surfacing of MARL30).

 

A debate followed where the provision of affordable housing was discussed. As the conclusion of the debate, it was:

 

Resolved

 

To GRANT the application for the erection of 24 dwellings, 10 of which would be affordable and 14 sold at market value, and associated works including widening of the public right of way along the eastern site boundary.

 

Conditions

 

1.Timeframe

 

The works 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 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2. Approved Plans

 

The development hereby permitted shall be carried out in accordance with the following approved plans and documents unless otherwise varied by details submitted to and approved in writing by the local planning authority in accordance with the conditions of this planning permission:

 

• C8671.PL.050 REV K - Proposed Site Plan

• C8671.PL.051 REV G - Enlarged Proposed Site Plan

• C8671.PL.051-1 REV D - Enlarged Proposed Site Plan for Future Connections

• C8671.PL.052 REV E - Proposed Surface Finishes Plan

• C8671.PL.053 REV E - Proposed Refuse Strategy Plan

• C8671.PL.054 Rev F - Proposed Land Use Plan Sheet 1 of 2

• C8671.PL.054 - 1 Rev A - Proposed Land Use Plan Sheet 2 of 2

• C8671.PL.055 REV J - Proposed Affordable Tenure Plan

• C8671.PL.056 REV G - Proposed Boundary Treatment Plan

• C8671.PL.057 REV F - Indicative Landscape Plan Sheet 1 of 2

• C8671.PL.057 -1 REV A - Indicative Landscape Plan Sheet 2 of 2

• C8671.PL.058 REV A - Proposed Materials Schedule Sheet 1 of 2

• C8671.PL.059 REV A - Proposed Materials Schedule Sheet 2 of 2

• C8671.PL.070 REV G - Proposed Site Section A- A and Section B-B

• C8671.PL.110 REV D - Plot 1 - 3 - Proposed Floor Plans and Elevations

• C8671.PL.130 REV D - Plot 4 - 5 - Proposed Floor Plans and Elevations

• C8671.PL.150 REV D - Plot 6 - 9 - Proposed Floor Plans and Elevations

• C8671.PL.170 REV D - Plot 10 - 13 - Proposed Floor Plans and Elevations

• C8671.PL.190 REV D - Plot 14 - 17 - Proposed Floor Plans and Elevations

• C8671.PL.210 REV D - Plot 18 - 20 - Proposed Floor Plans and Elevations

• C8671.PL.230 REV F - Plot 21 - 24 - Proposed Floor Plans and Elevations

• Retention Removal Tree Plan Sheets 1 of 2 and 2 of 2 - C871.PL.060 Rev A

• Indicative details of boundary fencing tree retention- C871.PL.071 Rev A

• Sketch showing planting adjacent to bat corridor- C871.PL.072 Rev A

• Design and Access Statement (A3 Landscape) Cherry Orchard (Revised June 2023) Rev G

• Ground Investigation Report-6219-B/GIR, October 2018

• Phase 1 Contaminated Land & Geotechnical Desk Study-6219-B/DS

• Flood Risk Assessment and Drainage Strategy - Issue 4 (dated 10th Sept 2021) - Acl592/21021/FRA/DS

• Additional Information Statement requested by the LLFA (dated 10th Feb 2022) - Acl631/21021/TN

• Drainage Strategy & Surface Management Update Statement (dated 7th Dec 2022)- Acl698/21021/A/DS

• Additional Information Statement requested by the LLFA (dated 5th May 2023)- Acl759-21021-TN

• Drainage Update Technical Appendices-parts-1 and 2 (dated 6th Oct 2023)- Acl807-21021

• Ecological Assessment (Ethos) - ETH21-106  - V.4

• Biodiversity Net Gain Results (Ethos, November 2023) – V.2

 

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

 

3. Materials

 

No development of the new buildings shall progress above ground floor slab level until full details, including a Materials Plan, of the materials and finishes to be used, including external walls, all visible features on external facades and roofs (including external walls, brickwork, lintels/cills, roof tiles, windows, joinery/paint colour, rainwater goods, doors and garage doors and porches) have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

The details to be submitted under this condition shall include for example, product literature and photographic examples (submitted electronically in pdf format) and shall not include links to manufacturer/ vendor web sites. If requested, samples of materials and finishes are to be made available for inspection on the development site. The details to be submitted of the porches shall include all construction materials, which will be expected to be of traditional construction and not of GRP pre-fabrication.

 

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

 

4. Scheme of footpath widening

 

No part of the development shall be occupied until the improvements to the section of the MARL30 Public Right of Way (area as indicated on approved plan C8671.PL.051-1 Rev D) have been fully implemented and the construction works given approval by the Local Highway Authority. The works shall be fully inspected throughout construction by the Local Highway Authority.

 

REASON: In the interests of highway safety.

 

5. External Lighting

 

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.

 

REASON: In the interests of the amenities of the area to minimise unnecessary light spillage above and outside the development site and for the protection, mitigation and enhancement of biodiversity.

 

6. Ecology – Compliance with assessment

 

The development hereby approved shall be carried out in strict accordance with the submitted Ecological Assessment (Ethos) - ETH21-106 - V.4.

 

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity

 

7. Ecological Enhancements Plan

 

Notwithstanding the approved plans, no development shall commence until an Ecological Enhancements Plan has been submitted as well as specifications and full details of the following ecological features to be submitted and approved in writing by the Local Planning Authority, in accordance with the provisions set out within the Ecological Assessment (Ethos) - ETH21-106 - V.4:

 

• Details of artificial bat boxes and roof tiles to include one integrated bat brick for each house backing on to the woodland edge, three bat boxes for the woodland and a bat access tile for each dwelling within the development.

• 24 integral bird nesting bricks will be installed into the buildings and four external bord boxes within the new orchard and retained habitat.

• 24 integrated bee bricks to be installed one per housing unit (ideally south-facing)

• Insect hotel.

 

Prior to first occupation, all approved ecological features shall be implemented thereafter and maintained for the lifetime of the development.

 

REASON: For the protection, mitigation and enhancement of biodiversity

 

8. Site planting scheme

 

i) No development shall commence until details of a site planting scheme have been submitted to and approved in writing by the local planning authority, the details of which shall include:

 

a) all soft surfacing materials,

c) a detailed plan identifying existing trees and hedges to be retained and a planting plan and specification showing all plant species, supply and planting sizes and planting densities, and details of after-care.

 

ii) All so-approved planting shall be carried out no later than the first planting and seeding season following the first occupation of any part of the development or the substantial completion of the development whichever is the sooner.

 

iii) All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock.

 

iv) Any trees or plants (including existing trees and hedges to be retained) which, within a period of five years from first occupation of the development, 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. 

 

REASON: To ensure a satisfactory landscaped setting for the development.

 

9. Implementation of Boundary Fencing

 

Prior to first occupation, the approved boundary fencing and all means of enclosure, including wall and railings, shall be constructed/installed in accordance with the details of approved plan no. C8671.PL.056 REV G (Proposed Boundary Treatment Plan) and retained in accordance with the approved details thereafter.

 

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

 

10. Landscape and Ecology Management Plan (LEMP)

No development shall commence until a Landscape and Ecology Management Plan (LEMP), in accordance with the measures outlined in the Ecological Assessment, shall be submitted to and approved in writing by the Local Planning Authority.  The LEMP shall 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 include the recommendations set out within the Ecological Assessment (ETH21-106 - V.4).

- 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 to ensure long-term management of landscape and ecological features 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.

 

11. Tree Protection Plan

 

No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until tree protection fencing has been erected in the location shown on approved plan no. C8671.PL.060 Rev A (Retention/Removal Tree Plan Sheet 1 of 2) in accordance with protective fencing design specifications of British Standard 5837: 2012: "Trees in Relation to Design, Demolition and Construction - Recommendations".

 

The protective fencing shall remain in place for the construction phase of the development until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations and construction shall be completed strictly in accordance with the recommendations of the submitted Arboricultural Method Statement (Author: Sharples Tree Services, Dated: October 2021).

 

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

 

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

 

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

 

REASON: 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 enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

12. Construction And Environmental Management Plan (CEMP)

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 the Local Planning Authority and approved in writing. The Plan shall include the recommendations set out within the Ecological Assessment 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:

 

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

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

iii.            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.

 

iv.            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.

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

vi.            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.

 

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.

 

13.      Construction Management Plan

 

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 details to be submitted under this condition shall include all details of timing and phasing of proposed measures to ensure that they are in place and maintained for so long as required.

 

The construction/demolition phase of the development shall be carried out fully in accordance with the construction management plan at all times. The development shall not be carried out otherwise than in full accordance with the Plan without the prior written permission of the Local Planning Authority.

 

Reason: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

         

14. Hours of Demolition/Construction

 

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: Core Policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

15. Highways - Visibility Splays

 

The development hereby permitted shall not be first brought into use until splays have been provided on all private driveways (with planted boundary treatments) on both sides of the access from the rear of the existing footway based on co-ordinates of 2.4m x 2.4m. The splays shall always be kept free of obstruction above a height of 600mm.

 

REASON: In the interests of highway safety.

 

16. Highways - Electric Vehicle Charging

 

No dwelling hereby permitted shall be occupied until an electric vehicle charging point has been provided for that unit in accordance with details first to have been submitted to and approved in writing by the local planning authority. The details to be submitted for consideration under this condition will be expected to comply with Approved Document S of the Building Regulations 2010.

 

REASON: In accordance with national move to reduce reliance on fossil-fuelled vehicles, and to avoid the need for retro-fitting of electric vehicle charging facilities at a later date.

 

17. Parking and Vehicle Turning

 

No part of the development hereby permitted 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: To ensure adequate off-street parking provision and vehicle turning manoeuvring space in the interests of amenity and highway safety and to prevent displaced parking on to adjacent highway. To meet National guidance in relation to Electric Vehicle Charging.

 

18. Drainage Works compliance

The development hereby permitted shall not be occupied until the works set out in the approved drainage strategy (including foul drainage) have been implemented in full and completed in accordance with the submitted and approved details. The drainage works must be delivered in full accordance with the details set out in Drainage Update Technical Appendices-parts-1 and 2 (dated 6th Oct 2023)- Acl807-21021. All foundations shall be at 1.6m depth for unity and to ensure that they are all in chalk. All soakaways shall be located in chalk and not the above layers (as per Table 5.1).

 

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.

 

19. Bioretention rain garden planter Maintenance Plan

 

Prior to first occupation a management and maintenance plan for the on-going maintenance of the bio-retention rain garden planters shall be submitted and approved in writing by the Local Planning Authority.

Each householder shall be provided with the approved plan upon taking occupation of each new dwelling.

 

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.

 

20. Contaminated Land

 

No development shall commence on site (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition), until the below requirements of steps (i) to (ii) have been fully complied with and no dwellings shall be occupied until the requirements of steps (iii) and (iv) have been complied with.

 

If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until step (iv) has been complied with in full in relation to that contamination.

 

Step (i) Submission of Remediation Scheme:

 

If any unacceptable risks are identified as a result of the investigation and assessment referred to in step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared. This should detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment, should be submitted to and approved in writing by the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures.

 

Step (ii) Implementation of Approved Remediation Scheme:

 

The approved remediation scheme under step (ii) must be carried out in accordance with its requirements. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works.

 

Step (iii) Reporting of Unexpected Contamination:

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it should be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment should be undertaken in accordance with the requirements of step (i) above and where remediation is necessary, a remediation scheme should be prepared in accordance with the requirements of step (ii) and submitted to and approved in writing by the Local Planning Authority.

           

Step (iv) Verification of remedial works:

 

Following completion of measures identified in the approved remediation scheme a verification report must be produced. The report should demonstrate the effectiveness of the remedial works.

 

The verification report should be submitted to and approved in writing of the Local Planning Authority.

 

Step (v) Long Term Monitoring and Maintenance:

 

If a monitoring and maintenance scheme is required as part of the approved remediation scheme, reports must be prepared and submitted to the Local Planning Authority for approval at the relevant stages in the development process as approved by the Local Planning Authority in the scheme approved pursuant to step (ii) above, until all the remediation objectives in that scheme have been achieved.

 

All works must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11” and other authoritative guidance.

 

REASON: Core policy 56, To reduce the risks associated with land contamination. Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

INFORMATIVES

 

1.    This planning permission is to be read alongside the associated legal agreement drafted under the provisions of Section 106 of the Town and Country Planning Act. 1990 (as amended) (the s.106 agreement) the requirements of which must be met, before the development can commence or at such a time as defined within the s.106 agreement, along with the requirements of the conditions of this planning permission.

 

2.    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 https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.

 

3.    The attention of the applicant is drawn to the contents of the letter from Fisher German LLP dated 4th May 2023 pertaining to the pipeline (Fisher German/Exolum) that crosses part of the site. Development and intrusive activities are prohibited within the Pipeline Easement Strips without specific consent from Exolum. You should not undertake any work or activity without first contacting Exolum for advice and, if required, a Works Consent. For a copy of Exolum’s Standard Requirements for Crossing or Working in Close Proximity to Exolum Pipelines, please visit https://lsbud.co.uk/wp- content/uploads/2021/10/lsbud-standard-requirement-uk-um.pdf for further information.

 

4.    There are water mains crossing or close to the site. Thames Water do not permit the building over or construction within 3m of water mains. If planning significant works near the mains (within 3m) Thames Water will need to check that the development doesn't reduce capacity, limit repair or maintenance activities during and after construction, or inhibit their services. The applicant is advised to read the Thames Water guidance for working near or diverting our pipes.  If you are planning on using mains water for construction purposes, it's important you let Thames Water know before you start using it, to avoid potential fines for improper usage. More information and how to apply can be found online at thameswater.co.uk/buildingwater.

 

5.    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.

 

6.    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.

 

7.    The consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. All appropriate licences for skips or waivers for construction-related vehicles should be sought from the appropriate teams within the Council.

 

8.    Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.