Agenda item

Demolition of the existing buildings and construction of 28 affordable homes together with associated parking, access and landscaping

Public Participation

 

 

• Mr Dave Crucefix had a statement read out in opposition to the application

• Mr Hugh Tapper made a statement highlighting concerns he had about aspects of the application, including the party wall of the Grade II listed adjoining property.

• Mr Matt Holmes (Spruce Town Planning) spoke in support of the application

• Mr Paul Backhouse (Aster Communities) spoke in support of the application

 

The Senior Planning Officer, David Millinship, introduced a report which recommended that the application for the demolition of the existing buildings and construction of 28 affordable homes together with associated parking, access and landscaping, be approved subject to conditions and a legal (s.106) agreement. Key details were stated to include the principle of development, parking, preservation of the historic environment and impact upon neighbouring amenity.

 

It was noted that the existing 1970s building was constructed as a development of 32 units for people over the age of 55. The site was owned by the applicant, Aster Group, who were a Registered Provider Partner (housing) of Wiltshire Council. The replacement building, if approved, would include 13 one bedroomed units and 15 two bedroomed units, all of which would be affordable.

 

Attention was drawn to the location of the proposed development in a conservation area. When the existing building was built around 1972 it was constructed in a modern style that contrasted with the existing buildings, many of which were listed. The existing structure shared a party wall with the Grade II listed, 51 St Martins Place and, as such, a listed building application and party wall agreement would be required before the development could proceed.

 

Members of the Committee then had the opportunity to ask technical questions of the Senior Planning Officer. Details were sought about whether concerns had been raised about the construction of a taller structure towards the rear of the site where a terrace of bungalows were currently located. The Senior Planning Officer confirmed that the size of gable wall facing the Rectory dwelling to the south of the site had been reduced to reflect concerns about overlooking. It was noted that there would be some indirect overlooking of this property but the majority of the windows that could be impacted were in non-habitable rooms. The majority existing trees on the site boundary would be retained.

 

Further information was sought about the potential party wall agreement and listed building consent required and their relationship to the planning application. The Senior Planning Officer noted that Paragraph 200 of the National Planning Policy Framework (NPPF) required local planning authorities to identify and assess the particular significance of any heritage asset that may be affected by a proposal. He explained that demolition of York Place presented a high likelihood of direct impact upon historic fabric of 51 St Martins Place as part of the roof support would be lost once York Place was demolished. However, the Senior Planning Officer explained that the Committee could be satisfied that there were technical solutions to protect heritage assets. The listed building permission would cover the details of the demolition process.

 

 

Members of the public then had the opportunity to present their views to the Committee as detailed above. Mr Crucefix had a statement read out on his behalf.

 

Mr Hugh Tapper raised concerns about aspects of the application, including the scale of development, limited community space and available parking. He welcomed some of the amendments to the scale of the original proposals and was encouraged that they would be more sympathetic than the 1970s development. However, he expressed surprise that approval of the scheme might precede the knowledge and understanding of the measures required to protect the adjoining Grade II listed property at 51 St Martins.

 

The Unitary Division Member, Cllr Caroline Thomas then spoke in opposition the application as submitted on the grounds of overdevelopment of the site, the adverse impact on parking and potential to facilitate an increase in anti-social behaviour.

 

In response to the points raised by the public and Unitary Division Member, the Senior Planning Officer confirmed that the design had been considered in relation to Wiltshire’s emerging Design Guide. Although no balconies had been provided the development exceeded the requirements for communal space. The development was considered sustainable due to its location within walking distance to the town centre and within 100 metres of a bus stop.

 

The Highways Team noted that the existing building did not include any provision for off-street parking. They clarified that it would not be possible to condition that the applicant should pay for a Traffic Regulation Order and capacity parking study east of the A346. Similarly, it would not be possible to use S106 money to fund a residential parking permit scheme as such a scheme would require the support of 50 percent of local residents. The development comprised of one and two bedroomed units, so were unlikely to attract larger families requiring a large number of cars. The number of units had also been reduced to mitigate concerns about parking.

 

The Senior Planning Officer explained that a Parking Allocation Plan had been included in the proposed conditions outlined in the report, to make clear which units would have access to the parking spaces. A Travel Plan Monitoring Fee would be secured through a S106 agreement.

 

So that the Committee had something to debate, the Chairman, seconded by Cllr Stuart Wheeler, proposed that the application be granted subject to the conditions outlined in the report and the completion of a S106 agreement.  

 

A debate followed where the party wall agreement, provision of affordable housing, parking and architectural merits of the proposed scheme in relation to the existing 1970s building, were discussed.

 

A range of views were expressed about the role of the applicant and the potential loss of housing provision for older people in the existing building. Cllr Adrian Foster wanted it to be noted on record that he did not believe that the applicant had acted improperly. He noted the financial pressure on housing associations. 

 

Concerns were raised about the demolition process and its potential impact on the adjoining listed building at 51 St Martins, a heritage asset that was formerly the Seven Stars Pub. It was noted that there was a condition in the Senior Planning Officer’s report stipulating that the development could not commence until a Demolition Environmental Management Plan was in place. I may also be possible to commence demolition at the opposite end of the site to 51 St Martins.

 

In response to queries it was stated that S106 agreements had be compliant with Community Infrastructure Levy requirements, being relevant, necessary and reasonable. The Head of Development Management, Andrew Guest, advised that it would not be appropriate to condition that S106 funding was used to provide a crossing over the A346 to the nearby green as it would go beyond the legal requirements placed on the applicant.

 

At the conclusion of the debate, it was:

 

Resolved

 

To GRANT permission for the demolition of the existing buildings and construction of 28 affordable homes together with associated parking, access and landscaping, subject to the conditions outlined in the report and the completion of a S106 agreement.

 

Conditions

 

1.    Time Limit

 

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:

 

• Location Plan - PP1397-100-01 Rev.P1;

• Site Plan - PP1397-100-02 Rev.P6;

• Ground floor plan – PP1397-100-03  Rev.P8;

• First floor plan - PP1397-100-04 Rev.P7;

• Second floor plan - PP1397-100-05 Rev.P6;

• Roof plan - PP1397-100-06 Rev.P5;

• Lower ground floor plan and elevations – PP1397-100-07  Rev.P8;

• Elevations 1 - PP1397-100-08  Rev.P7;

• Elevations 2 - PP1397-100-09  Rev.P6;

• Elevations 2 - PP1397-100-10  Rev.P5;

• Landscape Masterplan – SPP3292 90 001 Rev.E;

• Soft landscape plan - SPP3292 90 002 Rev.C.

 

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

 

3.    External materials/finishes

 

Notwithstanding the details of the approved plans, construction of the development hereby approved shall not proceed above finished floor/slab level until a schedule of all external materials and finishes shall be submitted to and approved in writing by the Local Planning Authority. As a minimum, the schedule shall provide details of the type, colour and texture of all external materials and finishes to be used, including all visible features on external facades such as external walls, roofs, windows, doors, hanging tiles and rainwater goods. The details shall include manufacturer and material name along with 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 proposed materials shall be appropriate to the Conservation Area location in accordance with the following:

 

• Characteristic Flemish and English bond to brick facades in street scene and return;

• Warm orange/red brickwork multi characteristic of the locality of varying mix with tile hanging in a similar warm tone;

• Stone elements (including window sills) to be in reconstituted/cast stone;

• Traditional vertical sliding sash windows;

• Traditional pattern ‘conservation’ rooflights;

• Windows and doors to be in painted timber to street façade, including slender glazing bars;

• Traditional style gutters, hoppers and downpipes;

• Dormers shown traditionally constructed with lead cheeks and roof matching main roof tiles;

• Details of chimney construction to include brickwork, masonry and flashing (material and construction);

• Traditional ridge tiles, gable ladders and slender roof eaves

• Roof - plain tiles/pantiles in clay and natural slate, not concrete derivatives.

 

Thereafter, the development shall be completed and maintained in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area on accordance with the aims of Core Policies 51, 57 and 58 of the Wiltshire Core Strategy, policies MARL9 and 13 of the Marlborough Area Neighbourhood Plan and the planning policy advice of the National Planning Policy Framework.

 

4.    Archaeological investigation

 

The development hereby approved shall not commence until a written programme of archaeological investigation, which should include proposals for on-site work and off-site work including the analysis, publishing and archiving of the results, has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved programme of archaeological work shall be carried out and the final report submitted to the local planning authority in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest in accordance with the aims of Core Policy 58 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

5.    Contamination

 

No development (except for demolition of existing buildings) shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site and the potential impact of any adjacent sites

 

Step (ii) If the above report indicates that contamination may be present on, under or potentially affecting the proposed development site from adjacent land, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

 

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

REASON: To ensure the risks associated with land contamination are identified and remediated in accordance with the aims of Core Policy 56 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

6.Tree Protection Plan

 

The development shall be implemented in strict accordance with the approved Tree Protection Plan and the mitigation measures set out within the submitted Arboricultural Method Statement (Author: Hillside Trees Ltd. Dated: August 2023, Report Version: 1.2) with the proposed tree protection barriers and ground protection measures laid out in full prior to the commencement of the development.

 

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: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity and protection of biodiversity in accordance with the aims of Core Policies 50, 51, 57 and 58 of the Wiltshire Core Strategy, policy MARL9 of the Marlborough Area Neighbourhood Plan and the Planning Policy Advice of the National Planning Policy Framework.

 

7.    Demolition Plan (DEMP)

 

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

 

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

ii. A description of management responsibilities;

iii. A description of the demolition programme;

iv. A named person and telephone number for residents and LPA to contact;

v. Detailed Site logistics arrangements;

vi. Details regarding parking, deliveries, and storage;

vii. Details regarding dust and noise mitigation;

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

ix. Communication procedures with the LPA and local community regarding key demolition issues – crusher durations etc..

 

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

 

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

 

Stone crushing shall be limited to 10.30hr to 15.30hrs Monday to Friday with no crushing at weekends or bank holidays. Where possible this shall take place away from sensitive noise receptors; and where located nears residential dwellings acoustic screening must be used to minimise potential impact.

 

REASON: To minimise detrimental effects to neighbouring amenities and the natural environment, during the demolition and construction phases in accordance with the aims of Core Policies 50 and 57 of the Wiltshire Core Strategy and the Planning Policy Advice of the National Planning Policy Framework.

 

8.    Construction, Transport and Env Plan (CTEMP)

 

No development shall commence, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works until a Construction Transport and Environmental Management Plan (CTEMP) has been submitted to and approved in writing by the Local Planning Authority. As a minimum, the Plan shall provide details of the following:

i. Details to demonstrate how runoff will be managed during construction (including initial demolition phase) to prevent an increase in flood and pollution risk;

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;

vii. the movement of construction vehicles and provision for parking of vehicles of site operatives and visitors;

viii. the cutting or other processing of building materials on site;

ix. the provision for loading and unloading of plant, materials and demolition materials;

x. the provision for storage of plant and materials used in constructing the development, as well as demolition materials;

xi. the provision for wheel washing and vehicle wash down facilities;

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

xiii. the provision for recycling/disposing of waste resulting from demolition and construction;

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

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

 

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. Where piling is required, this must be Continuous flight auger piling wherever practicable to minimise impacts. Ground workers should remain vigilant for visible and olfactory signs of contamination during demolition of on-site buildings.

 

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 approved Statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in full accordance with the Statement without the prior written permission of the Local Planning Authority.

 

REASON: To minimise detrimental effects to neighbouring amenities and the natural environment, during the demolition and construction phases in accordance with the aims of Core Policies 50 and 57 of the Wiltshire Core Strategy and the Planning Policy Advice of the National Planning Policy Framework.

 

9. Landscape and Ecology Management Plan (LEMP)

 

Prior to commencement of the development, a Landscape and Ecology Management Plan (LEMP) 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 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 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 in accordance Core Policies 50, 57 and 58 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

10. Drainage Strategy

 

No development shall commence on site (excluding demolition) until a scheme for the discharge of surface water from the site, including SuDS (sustainable drainage systems) and all third party approvals (as necessary), has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority and the sewerage undertaker. The details shall also include provision of the following:

 

i)               Evidence that additional ground investigations have been undertaken in line with the recommendations on Section 6.8 of the submitted ground investigation, to confirm the viability of deep bore soakaways on site.

ii)             Confirmation that the peak groundwater level is in excess of 1m below the base of the soakaway (as per the Wiltshire Council Soakaway Guidance) and confirmation of infiltration rates.

 

Following approval of steps i) and ii), the applicant shall submit for approval in writing by the LPA the following information:

iii)           Revised soakaway calculations to demonstrate that the deep bore soakaways offer a viable drainage strategy.

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

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

vi)           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. Notwithstanding the submitted drainage strategy plan; this plan shall be updated to utilise the same pipe numbering as shown in  the hydraulic modelling so that both can be considered in conjunction

vii)          Detailed Design Drawings of the proposed deep bore soakaways

viii)        Detail drawings of the proposed proprietary pollution capture systems

ix)           Cross sections and long-sections through the proposed attenuation tanks

x)             Drawings showing how overland exceedance flows in excess of the 1 in 100yr + cc storm are safely managed on site to prevent risks to people and property.

xi)           An confirming details of the proposed ownership, inspection and maintenance regime for the proposed drainage infrastructure.

 

 

The development shall be carried out and maintained in accordance with the approved details.

 

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.

 

11. Foul Drainage

 

No development shall commence on site (excluding demolition) until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

12. Highways – Travel Plan

 

No development shall commence until a draft Travel Plan-Welcome Pack has been submitted to and approved in writing by the Local Planning Authority in accordance with the recommendations of the submitted Travel Plan (dated August 2023).

 

No unit shall be occupied until those parts of the Travel Plan-Welcome Pack capable of being implemented prior to occupation have been implemented. The Welcome Pack will be provided to each unit on first occupation of that said unit and provided to each new occupier of that unit/any unit which remains in the control of the applicant for at least five years following first occupation of the last residential unit. If required, the Welcome pack shall be updated on issuing and comprise up-to-date information at the time of issue.

 

Reason: In the interests of reducing the amount of private car movements to and from the development in accordance with the aims of Core Policy 60, 62 and 64 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

13. Sustainable Energy Statement

 

Prior to the commencement of the development hereby approved, a final Energy and Sustainability Strategy shall be submitted and approved in writing by the Local Planning Authority in accordance with the principles set out within the submitted Energy and Sustainability Strategy (Revision C, dated September 2023). The development shall be implemented and maintained in accordance with the approved strategy thereafter.

 

REASON: In the interests of achieving sustainable development in accordance with WCS Core Policy 41 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

14. Site planting and hard-surface materials

 

Notwithstanding the details shown on the approved plans, no development shall commence until details of a hard and soft landscaping scheme have been submitted to and approved in writing by the local planning authority, the details of which shall include:

 

a) all hard and soft surfacing materials,

b) details of means of enclosure including gates and boundary treatments, (including details of any existing fencing/treatments to be retained)

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. 

 

v) All hard landscaping shall also be carried out in accordance with the approved details prior to the first 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, to provide some biodiversity enhancement and to protect the privacy of future occupiers and neighbours of the development in accordance with the aims of Core Policies 50, 57 and 58 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

15. Boundary enclosures

 

 

Prior to first occupation of the development hereby approved, the boundary fencing and means of enclosure shall be implemented in accordance with the details of the approved plans and maintained in that state thereafter.

 

REASON: In the interests of visual amenity and the character and appearance of the area in accordance with the aims of 57 and 58 of the Wiltshire Core Strategy, policy MARL9 of the Marlborough Area Neighbourhood Plan and the Planning Policy Advice of the National Planning Policy Framework.

 

16. Security measures

 

The development hereby approved shall not be occupied or brought into use until details of security measures, including CCTV, access control measures and signage, have been submitted to and approved in writing by the local planning authority. Thereafter, the development shall be completed and maintained in accordance with the agreed details.

 

REASON: In accordance with Wiltshire Core Strategy (2015) Core Policy 57 to incorporate measures to reduce actual or perceived opportunities for crime or antisocial behaviour.

 

17. Access, parking, refuse and cycle storage

 

No part of the development hereby permitted shall be occupied until the vehicular and pedestrian accesses (to include visibility splays and restrictive bollards), off-street car parking, vehicle turning areas, refuse storage and cycle storage areas have been constructed/laid out in full in accordance with the details shown on the approved plans.

 

Thereafter, the areas shall be kept available for their intended purposes and maintained free from obstruction (including but not limited to, the storage of materials).

 

REASON: To ensure safe access, adequate off-street parking provision and vehicle turning manoeuvring space in the interests of amenity and highway safety in accordance with the aims of Core Policies 60, 61 and 64 of the Wiltshire Core Strategy, policy MARL9 of the Marlborough Area Neighbourhood Plan and the Planning Policy Advice of the National Planning Policy Framework.

 

18. Parking allocation and EV charging

 

 

No part of the development hereby permitted shall be occupied until the off-street car parking spaces have been implemented in accordance with a car parking allocation plan and provided with electric vehicle charging points, in accordance with full details that shall first be submitted to and approved in writing by the local planning authority. Thereafter, the development shall be maintained in accordance with the approved details.

 

REASON: To ensure that car parking spaces are appropriately allocated to the units and that EVCPs are made available to future occupiers and visitors of the scheme in order to promote the use of low-carbon modes of transport and to prevent harm to the Marlborough Air Quality Management Area in accordance with the aims of Core Policies 55, 60, 61 and 64 of the Wiltshire Core Strategy and the Planning Policy Advice of the National Planning Policy Framework.

 

19. Ecology – Biodiversity mitigation and enhancement measures

 

 

The approved biodiversity mitigation and enhancement measures shall be incorporated into the development in accordance with:

 

- Section 6 and Appendices D, F, H and J of the Ecological Impact Assessment of Marlborough, York Place, Version 1.0, Date 19th April 2023 by Abricon Ltd.

- Proposed Planting Plan, Drawing number: SPP3292 92 002, Rev: A, Date: April 23, by Swan Paul Partnership Ltd.

 

or as otherwise specified in a relevant European Protected Species Licence superseding this permission. The installation of these features shall be supervised by a professional ecologist and this part of the condition shall be discharged when photographic evidence of installed features have been submitted to and approved in writing by the local planning authority. These measures will continue to be maintained and made available for wildlife for the lifetime of the development.

 

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity in accordance with the aims of Core Policies 50, 57 and 58 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

20. Ecology – Compliance with Ecology Strategies

 

The development will be carried out in strict accordance with the following documents:

 

• Section 6 and Appendices D, F, H and J of the Ecological Impact Assessment of Marlborough, York Place, Version 1.0, Date 19th April 2023 by Abricon Ltd.

• Proposed Planting Plan, Drawing number: SPP3292 92 002, Rev: A, Date: April 23, by Swan Paul Partnership Ltd.

 

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity in accordance with the aims of Core Policies 50, 57 and 58 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

21. Ecology – External lighting

 

 

No new external artificial lighting shall be installed at the site unless full details have first been submitted to and agreed in writing by the local planning authority.

 

REASON: In the interests of conserving biodiversity and the condition of North Wessex Downs Area of Outstanding Natural Beauty in accordance with the aims of Core Policies 50, 51, 57 and 58 of the Wiltshire Core Strategy and the planning policy advice of the National Planning Policy Framework.

 

          INFORMATIVES

 

1.    This permission shall be read in conjunction with the Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the [INSERT] the requirements of which must be complied with in addition to the conditions of this permission.

 

2.    Listed Building Consent is required for the works relating to the neighbouring Grade II Listed Building, No. 51 St Martins. Prior to the commencement of any works with potential to directly or indirectly impact upon the fabric and/or structural integrity of the listed building, a Listed Building Consent application shall be submitted to and approved in writing by the Local Planning Authority. The Listed Building Consent application shall include a programme of the proposed works and timescales for their implementation set out in relation to the programme and timescales works for the wider development scheme. The proposed works shall reflect the matters set out within the submitted ‘Application of the Party Wall Act’ statement and the comments made by the LPA’s Conservation Officer in relation to this planning application.

 

3.    The attention of the applicant is drawn to the contents of the letter from Thames Water dated 10th May 2023 pertaining to foul and surface water disposal and to existing services on the site.

 

4.    The applicant should note that Wiltshire Council’s Soakaway Guidance should be followed and Pre- treatment to remove silt should be considered into the soakaway design. The factor of safety and distance of soakaways from buildings or structures should be mentioned as a part of design to comply with the Wiltshire Council’s Soakaway Guidance.

 

5.    The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place. 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.

 

6.    The adults, young, eggs and nests of all species of birds are protected by the Wildlife and Countryside Act 1981 (as amended) while they are breeding. Please be advised that works should not take place that will harm nesting birds from March to August inclusive. All British birds, their nests and eggs are protected under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000 while birds are nesting, building nests and sitting on eggs. The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. This season is usually taken to be the period between 1st March and 31st August but some species are known to breed outside these limits.

 

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

 

8.    The roof of the existing building is used as a bat roost. Under the Conservation of Habitat Regulations, 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 Natural England licence will be required before any work is undertaken to implement this planning permission.

 

9.    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.

 

10. 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.

 

11. The application involves an extension to the existing/creation of a new vehicle access/dropped kerb. The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence will 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. Please contact our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk and/or 01225 713352 or visit their website at http://wiltshire.gov.uk/highways-streets to make an application. The applicant must also ensure that any works within 8m of a watercourse (including discharge to and/or piping of road side ditches) will require full Land Drainage Consent. Please contact the Drainage Team at Drainage@wiltshire.gov.uk

 

12. 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.

 

13. 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.

 

14. The application states that foul drainage will discharge to a public sewer. This requires consultation with the sewerage undertaker for the area. The surface water drainage strategy must comply with Developers-guidance-note-surface-water-soakaways-2.pdf (wiltshire.gov.uk),which sets out the standards that must be met for planning approval and adoption.

 

15. The council requires an indemnity in order to operate on any roads that are not adopted, including during any period where the council needs to deliver waste collection services prior to adoption. The required arrangements are set out in section 5.8 of the Council’s Waste guidance with a sample indemnity provided in Appendix C.