Agenda item

Erection of 190 dwellings, car parking, access including extension to Empress Way, green infrastructure including open space and landscaping, infrastructure, drainage, utilities and engineering works. Off-site highway works at junction of Astor Crescent / Empress Way and Tidworth Road. Land reserved for 2-form entry primary school.

 

Note: This text was amended following publication of the agenda to correct the description of the application.

 

Please refer to the amended report and map published in agenda supplement 1 for the correct details regarding the application.

Public Participation

Aaron Smith (agent) spoke in support of the application.

 

Adam Madge, Principal Planning Officer, introduced a report which recommended that the application for Erection of 190 dwellings, car parking, access including extension to Empress Way, green infrastructure including open space and landscaping, infrastructure, drainage, utilities and engineering works. Off-site highway works at junction of Astor Crescent / Empress Way and Tidworth Road. Land reserved for 2-form entry primary school, be approved with conditions and subject to a S106 agreement. 

 

Attention was drawn to the updated report published in agenda supplement 1, which corrected the description of the proposal and the division Member. An updated map of the site was also published in the supplement.

 

The officer stated that the site was on allocated land and had been to the Strategic Planning Committee before, on 10 August 2022. The S106 agreement had not yet been completed so permission had not yet been granted. Therefore, the application was back before the Committee as there had been some changes made to the proposal. Additionally, changes had been made to the National Planning and Policy Framework (NPPF).

 

Slides of the proposal (published in agenda supplement 3) were shown to the Committee, including the site, plans, elevations and access, of which there were 2 proposed. The site was mainly surrounded by green fields, but the land had been allocated in the new Local Plan, so if the Local Plan was approved by the Secretary of State for Housing, Communities and Local Government, that land would likely be built on.

 

In terms of changes to the proposal, there were some Skylark/Lapwing plots close to the sites as part of a mitigation scheme. Under the amended proposal, these sites would be moved as the land surrounding the site had been allocated for housing. This would form part of the S106 agreement. The Local Equipped Area for Play (LEAP) had been moved marginally. Furthermore, the affordable 2 bedroom dwellings were to be 2sqm bigger.

 

In terms of the second access to the site, the applicant had queried whether this was necessary, Wiltshire Council considered that it was, hence it forming part of the application. The recommendation before the Committee was to approve with conditions, subject to the successful completion of the S106.

 

Members of the committee then had the opportunity to ask technical questions of the officer. In response it was explained that the land for the Lapwing/Skylark sites was owned by the applicant, and this was suggested as part of the S106 legal agreement, rather than by condition. Therefore, it would be in place in perpetuity and if the applicant wanted to change this, they would need to come back to the council. Some Members highlighted that the new location for the Lapwing/Skylark plots was at Beacon Hill where there was a lightly used firing range. In addition, there was an application for a more extensive shooting school there and they questioned whether this was suitable. The officer had not been aware of this and advised that officers could take away an action to ensure that Ecologist was aware and double check that the location was suitable.

 

The green spaces within the site would also be covered by the S106 agreement, and usually within that it was agreed that a management company would manage the green spaces.

 

In relation to the second access, it was the judgement of the Wiltshire Council Highways Officer that this was required. It was felt they would not have stated this without evidence to back it up, and therefore it would be defendable at appeal. The second access was discussed last time the proposal came to the Committee. It was in the conditions that the second access would need to come into use at the 180^th dwelling. However, Members previously had felt more comfortable with it coming into use at 160 dwellings. Members could amend this condition again if they were minded to do so.

 

It was noted that in the report published in the agenda originally, there was a typographic error on page 32, where it referred to the 18^th dwelling, when this should read the 180^th dwelling. This had been corrected in the version of the report included in supplement 1.

 

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

 

The unitary division member, Cllr Tony Pickernell had been unable to attend the meeting, so had passed on some comments which the Chairman read on his behalf. Cllr Pickernell’s main concern, and that of Ludgershall Town Council, was the amount of traffic off the small bridge by the traffic lights in Ludgershall and the long stretch of road along to the development, which people sped down. As such they were wondering if some road management/traffic calming could be put in. The Chairman concurred with this as he had visited the site. The officer highlighted that there was money allocated (approximately £90,000) as part of the S106 for looking at traffic calming measures in Ludgershall. The highways officer had not recommended anything more. The Chairman stated that he would like something added to the proposal in relation to this if the application was approved.

 

Cllr Adrian Foster proposed the officer recommendation to approve, subject to conditions and a S106, with the amendment of condition 20 to require the second access to come into use at the 160^th dwelling, the addition of an informative regarding Empress Way, Ludgershall and traffic calming measures being implemented using the money allocated in the S106, and to request that the ecologist review the location for the lapwing/skylark plots. This was seconded by the Chairman.

 

A debate followed where noise from the shooting range in relation to the Lapwing/Skylark plots was discussed and some Members highlighted that birds in such locations were not concerned about the noise, and often there could be less disturbance in such areas, particularly for ground nesting birds as access was restricted. It was hoped the ecologist which reviewed whether the proposed location for the plots was suitable had some understanding of military firing ranges.

 

Members were generally supportive of the motion. Other issues raised included whether this would count towards the council’s Housing Land Supply (HLS) and whether there was a possibility the Town Council could manage the green open spaces. At the conclusion of the debate it was,

 

Resolved

 

That subject to the completion of a Section 106 covering the matters set out in the report at annexe 1 and below, the Head of Development Management be given delegated authority to then grant planning permission, subject to the conditions listed below.

 

Draft Section 106 Heads of Terms legal agreement to secure the following:

 

o        Air Quality monitoring - £10,000

o        Waste & Recycling Facilities – £19,190 (Note: this is different to the figure included in the agenda, due to an increase in fees)

o        Highways and Transport - £90,820

o        Public Art - £57,000

o        Sports -£77,976

o        Early Years / Nursery education provision - £385,484

o        Nutrient Neutrality - £831,850

o        Affordable Housing Provisions:-

•         60% of all affordable homes on-site (34) shall be provided as affordable rent tenure.

•         40% of all dwellings on-site (23) shall be provided as shared ownership tenure.

•         Tenure to be as defined in the planning obligation, or otherwise agreed in writing.

•           Creation of skylark and Lapwing plots at Beacon Hill Farm, Cholderton.

 

 

And subject to the following 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 plans list attached to this permission.

 

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

 

3.       No development shall commence until a site specific Construction Environmental Management Plan has been submitted to and been approved in writing by the local planning authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:

•         Arrangements for liaison with the Council's Public Protection Team

•         All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 08 00 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays.

•         Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.

•         Mitigation measures as defined in BS 5528: Parts 1 and 2 : 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.

•         Procedures for emergency deviation of the agreed working hours.

•         Control measures for dust and other air-borne pollutants.

•         Measures for controlling the use of site lighting whether required for safe working or for security purposes.

•         Construction traffic routing details

 

No burning of waste or other materials shall take place on the development site during the construction phase of the development.

 

REASON: In the interests of the amenities of surrounding occupiers during the construction of the development.

 

4.       The development shall be carried out strictly in accordance with the approved Flood Risk Assessment and Drainage Strategy dated 3rd March 2022, Reference 15675-HYD-XX-XX-RP- D-5001.

Prior to commencement of development the following additional drainage information shall be submitted to the local planning authority for approval in writing –

•         calculations which demonstrate that the proposed drainage design provides a sufficient level of water treatment to prevent pollution of the receiving groundwater. This can be undertaken based on the Simple Index Methodology outlined within the CIRIA SuDS Manual.

•         revised hydraulic modelling calculations setting the MADD value to 0m3/ha in order to ensure that the on-site attenuation storage is not overestimated. If the applicant believes that a value of 20m3/ha is appropriate, quantitative justification should be provided to support this.

•         evidence of the applicant’s engagement with the Water Company for the adoption of Sustainable Drainage Features.

•         plans showing finished floor levels (FFL) and threshold levels set to minimum FFLs at 150mm above adjacent infrastructure thoroughfare levels.

The development shall be carried out in strict accordance with the approved additional drainage information.

 

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.

 

5.       No development shall commence on site 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 details have been fully implemented in accordance with the approved plans.

 

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 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.

 

6.       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;

 

•         all hard and soft surfacing materials;

•         minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc.);

•         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc.);

 

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 ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

7.       All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

8.       Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing. The Plan will align with recommendations in Section 5 and Appendix IX of the submitted Ecological Appraisal and Phase 2 Surveys. Land Off Empress Way, Ludgershall, Wiltshire (Lyndsay Carrington Ecological Services, March 2022) and shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:

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

b)       Pre-construction/construction working method statements for protected/priority species, such as nesting birds, amphibians, reptiles and bats.

c)       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.

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

e)       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.

 

9.       Prior to the start of construction, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will align with recommendations in Sections 5.3, 5.8 and 5.9 and Appendices XII and IX of the submitted

 

Ecological Appraisal and Phase 2 Surveys. Land Off Empress Way, Ludgershall, Wiltshire (Lyndsay Carrington Ecological Services, March 2022). It will 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 and for the lifetime of the development in accordance with the approved details.

 

REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.

 

10.      Prior to construction commencing details of existing and proposed new lighting shall be submitted to and approved by the Local Planning Authority in writing. The submitted details must demonstrate that a level of 0.5Lux or less can be achieved at the edges of sensitive habitat features as defined in Section 4.2.2 and displayed on Appendix VII of the Ecological Appraisal and Phase 2 Surveys prepared by (Lyndsay Carrington Ecological Services (March 2022) including, but not exclusively; H2 along the northern boundary, H1 along the south western boundary, retained woodland shelter belts and new planting at the eastern and southern boundaries.

 

REASON: To avoid illumination of habitat used by bats.

 

11.      Prior to the commencement of development, a Plan shall be submitted to and approved in writing by the Local Planning Authority of: integral bat roosting and integral swift bricks within buildings. The agreed Plan shall show the specification of the swift bricks and bat roosting features to be provided on a minimum of 20% of the new dwellings (approximately 38) and where they will be located, together with a timetable for implementation.

 

REASON: to maintain and enhance biodiversity in accordance with Wiltshire CP50, NPPF, and BS 42020:2013.

 

12.      Following completion of the dwellings and prior to their first occupation, a report from an appropriately qualified ecologist confirming that all integral bat roosting and integral swift brick features have been installed as per previously agreed specifications and locations together with photographic evidence shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON: To demonstrate compliance with Wiltshire CP50, NPPF and BS 42020:2013.

 

13.      No development shall commence within the red line boundary of application 20/06554/FUL until:

 

a)       A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

 

b)       The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON:  To  enable  the  recording  of  any  matters  of  archaeological  interest. This is in accordance with Paragraph 205 of the NPPF, which states that ‘Local planning authorities should require developers to record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance

 

and the impact, and to make this evidence (and any archive generated) publicly accessible’.

 

The programme of archaeological work should provide for the investigation in advance of the commencement of development of an area in the north-east of the application area where exploratory geophysical survey and archaeological investigation identified evidence for Roman settlement. This should be followed by a programme of assessment, analysis, reporting, publication, and archiving commensurate with the significance of the results to achieve the public benefit of the exercise.

 

14.      No development 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 it is likely that contamination may be present on the site.

 

Step (ii)   If the above report indicates that contamination may be present on or under the site, 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 that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

15.      Prior to the commencement of development the applicant shall undertake an Air Quality Assessment (AQA) or Screening Assessment, to be approved in writing by the Local Planning Authority prior to commencement of construction. This must quantify the effect of the development on existing local authority air quality monitoring locations and sensitive receptors as well as the proposed development. It must also identify and make adjustments for all core strategy based development in the developments locality. Use of CURED data in the AQA is expected along with any other currently accepted approaches to AQA. Any recommended measures to effectively mitigate emissions shall be implemented in accordance with the AQA.

 

REASON: Development proposals, which by virtue of their scale, nature or location are likely to exacerbate existing areas of poor air quality, will need to demonstrate that measures can be taken to effectively mitigate emission levels in order to protect public health, environmental quality and amenity, in accordance with Core Policy 55 of the Wiltshire Core Strategy.

 

16.      No development shall commence on site until a scheme of Ultra Low Energy Vehicle infrastructure has been submitted to the LPA. The scheme must be approved by the LPA prior to implementation and thereafter be permanently retained.

 

REASON: Development proposals, which by virtue of their scale, nature or location are likely to exacerbate existing areas of poor air quality, will need to demonstrate that measures can be taken to effectively mitigate emission levels in order to protect public health, environmental quality and amenity, in accordance with Core Policy 55 of the Wiltshire Core Strategy.

 

17.      Within 6 months of first occupation of the development hereby approved a full travel plan shall be submitted based on the framework travel plan. The full travel plan when approved shall be implemented including the appointment of a travel plan co-ordinator for three years from the date of first appointment.

 

REASON: In the interests of promoting sustainable patterns of travel to and from the development.

 

18.      Prior to first occupation of any dwelling hereby permitted the access from the development to the extension of Empress Way shall be provided with visibility with nothing to exceed the height of 600mm above carriageway level between the carriageway edge, and a line drawn from a point 2.4 metres back along the centre line of the access from the carriageway edge, to a point on the nearside carriageway edge 90 metres to the west. The visibility so provided shall thereafter be maintained.

 

REASON: In the interests of safe and convenient access.

 

19.      Prior to first occupation of any dwelling hereby permitted the extension of Empress Way including its verges and footways as detailed on plan number ITB15328-GA-005/F, to provide access to the development, shall have been provided to base course level and lit by street lighting.

 

REASON: In the interests of safe and convenient access.

 

20.      Prior to first occupation of the 160th dwelling hereby permitted the extension of Empress Way including its carriageway and footways as detailed on plan number ITB15328-GA-005/F, to provide access to the development, shall have been surfaced in tarmacadam wearing course.

 

REASON: In the interests of ensuring that the access road is properly completed. HIGHWAYS

 

21.      The development hereby approved shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage). Within 3 months of each phase being completed and the development brought into use, a post construction stage certificate certifying that this standard has been achieved shall be submitted to the local planning authority for its written approval.

 

REASON: To ensure that the development will be nutrient neutral.

 

DRAINAGE INFORMATIVES:

1.       Occupation of the development should be phased and implemented to align with the delivery by Southern Water of any sewerage network reinforcement required to ensure that adequate waste water network capacity is available to adequately drain the development. The applicant should note that if the intention is to offer the roads for adoption, the LLFA does not provide for the approval of drainage suitable for adoption by the Highway Authority. Further approval should be ascertained from the Highway Authority.To find out more about the processes required to secure road adoption, contact the Highway Authority at HighwaysDevelopment@wiltshire.gov.uk

 

2.       The applicant should note that new Sewerage Sector Guidance (published 1st April 2020) enables Water Companies to adopt SuDS features as part of the surface water drainage network.

3.       If the intention is to offer the drainage scheme up for adoption the applicant will need to consult with Southern Water, prior to the submission of any drainage scheme details to the local planning authority, to ensure compliance under the new adoption codes and to formally commence the adoption process.

4.       Applicants  should  contact  Southern  Water  for  further  information/  discussion. The Lead Local Flood Authority will support any applications brought forward through the Southern Water adoption process.

5.       There must be no interruption to the existing surface water and/or land drainage arrangements of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively.

6.       Wiltshire Council is the land drainage authority under the Land Drainage Act 1991. Land drainage consent is required if a development proposes to discharge flow into an ordinary watercourse  or  carry  out  work  within  8m  of  an  ordinary  watercourse. An ordinary watercourse is a watercourse that does not form part of a main river. The term watercourse includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows.

7.       Wiltshire Council’s land drainage bylaws can be downloaded here. The land drainage consent application form and guidance notes can be found on our website here.

8.       There are private soakaways proposed in the boundaries of properties. Homeowners will need to be made aware of their maintenance responsibilities and this should be written into the deeds of the properties

9.       It is noted that if surface water drainage will be offered for adoption by Wiltshire Council and the Water Company; the applicant will need to apply for adoption of these assets separately to this planning application.

10.      The application states that foul drainage will discharge to a public sewer. This requires consultation with the sewerage undertaker for the area.

 

 

INFORMATIVE:

Public footpath LUDG2 runs through part of the development. The rights of way users must be safeguarded: the current route of the footpath must not be obstructed, except where temporary closures or diversions are required to construct the second point of access, or a diversion order must be achieved to divert the footpath to an unobstructed route. The legal line of the PROW route must be kept open at all times, except where temporary closures or diversions are required to construct the second point of access. The definitive (legal) width of the route is 1m but a corridor of at least 2m must be kept open at all times, except in the above circumstance.

 

INFORMATIVE:

The traffic calming scheme shall be designed to achieve traffic speeds on the road no greater than 20mph.

 

INFORMATIVE:

Traffic calming/management should be implemented on Empress Way in Ludgershall using some of the money allocated for Highways and Transport in the S106 agreement.

 

 

Plans list