Issue - meetings

Hybrid (full and outline) planning application descriptions (i) & (ii)

(i) Outline planning application: the erection of up to 284 dwellings, erection of a convenience store (Class E), erection of up to 872 sqm of new commercial floor space (Class E); and associated access, public realm; and landscaping works.

(ii) Full planning application: Erection of convenience store (333 sqm GIA) and 12 No. apartments, part demolition and external works to Innox Mills and change of use to Class E; external works and extension (180 sqm GIA) to Innox Place and change of use to (Class E); external works to Dyehouse and Brewery for as bat mitigation and change of use to a dual use internal market/Class E; demolition of former Cloth Factory Building; and associated access, public realm and landscaping work in commercial courtyard and along the Stallard Street frontage.

The listed building consent application proposes internal and external works and part demolition of Innox Mill; internal and external works, and extension to Innox Place. Although a separate application, the issues relevant to the impact upon the listed buildings (Innox Place and Innox Mill) are considered under this report.

This application was previously considered on 29 November 2023. The recommendation before the Committee is from Pages 132-149 of the agenda.

Public Participation

There was no public participation for this item.

Richard Hughes, Development Management Team Leader presented the report and provided an update on changes occurring following publication of the revised NPPF in December 2023 that may have a material impact on this planning application. The Committee were asked to consider the recommendation that the application still be granted planning permission subject to completion of the legal agreement.

Members of the Committee did not ask any technical questions of officers, there were no members of the public in attendance to address the Committee, and the Unitary Division Member for Trowbridge Central, Cllr Stewart Palmen moved a motion to continue to support the Committee’s previous decision as detailed in the report. This was seconded by Cllr Ernie Clark, and it was then,

Resolved:

That the Head of Development Management continues to be authorised to grant planning permission and listed building consent, subject to first completion of the planning obligation / Section 106 agreement currently in preparation covering the matters set out below, and subject also to planning conditions listed below.

Planning Obligations

·       Securing a review of the viability of the scheme prior to occupation of the 200th dwelling

·       Safeguarding the provision of the Station Car Park link road and access to ensure no ransom strip is formed and that any land required to facilities it is transferred to the Council at nil cost.

·       The setting up of a management company to manage all the public open space and strategic landscaping within the site as well as ensuring it is managed in accordance with the approved LEMP details.

Full and Outline Planning Conditions

1.    The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or, where relevant, before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.    With regard to those elements of the application in outline form, no development shall commence on those parts of the site until details of the following (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

a.    The scale of the development;

b.    The layout of the development;

c.    The external appearance of the development;

d.    The landscaping of the site;

e.    The means of access to the site.

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

REASON: The application was made in part for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

3.    With regard to those elements of the application in outline form, an application  ...  view the full minutes text for item 29

Hybrid (full and outline) planning application descriptions (i) & (ii)

(i) Outline planning application: the erection of up to 284 dwellings, erection of a convenience store (Class E), erection of up to 872 sqm of new commercial floor space (Class E); and associated access, public realm; and landscaping works.

(ii) Full planning application: Erection of convenience store (333 sqm GIA) and 12 No. apartments, part demolition and external works to Innox Mills and change of use to Class E; external works and extension (180 sqm GIA ) to Innox Place and change of use to (Class E); external works to Dyehouse and Brewery for as bat mitigation and change of use to a dual use internal market/Class E; demolition of former Cloth Factory Building; and associated access, public realm and landscaping work in commercial courtyard and along the Stallard Street frontage.

The listed building consent application proposes internal and external works and part demolition of Innox Mill; internal and external works, and extension to Innox Place. Although a separate application, the issues relevant to the impact upon the listed buildings (Innox Place and Innox Mill) are considered under this report.

Public Participation

Dean Plumley spoke in objection of the application.

Chris Beaver (agent) spoke in support of the application.

Ruaridh O'Donoghue (Senior Planning Officer) presented a report which recommended that the Head of Development Management be authorised to grant planning permission and listed building consent, subject to first completion of a planning obligation/Section 106 agreement covering the matters set out in the report and summarised in the recommendations and  subject to planning conditions.  

The officer showed the Committee the slides relating to the application, whilst explaining key details.

The site of approximately 4.07ha in area is located within Trowbridge Town Parish and comprises the whole former Bowyer’s site with the exception of Nos. 5-9 Stallard Street. It is adjacent to Trowbridge town centre, with the Trowbridge Railway Station and branch line to the west of the site with housing and Stallard Recreation Field behind and the River Biss adjoining the western and northern boundary of the site with neighbouring industrial parks.

The main issues highlighted in the officers presentation and detailed in the report were the principle of development, both for the outline and full applications, the need, design, neighbour amenity, heritage impacts, landscape, open space and visual impact, flood risk and drainage, environmental impact, ecological impact, highways and rights of way, financial viability and developer contributions and the Community Infrastructure Levy.  

The officer concluded that the substantial benefits of revitalising a site that has been a derelict eyesore for years outweighs its inability to delivery all the desired/required mitigation. Notably the following benefits –

• the regeneration of the site;
• the safeguarding of heritage assets;
• economic growth and expenditure; and,
• the provision of market housing.

In the context of paragraph 11d)ii of the report the officer concluded that the harm identified, does not significantly or demonstrably outweigh the benefits that this development would deliver.

Members of the committee then had the opportunity to ask technical questions of the officer. In response to the questions the officer explained that minimal weight should be given to the emerging Local Plan; the developments impact on traffic would have been considered if Bowyers was still trading, however, as the site is derelict there was no comparative data existing, part of the mitigation in this respect is that there were no objections from highways and Network Rail; a dedicated bat roost was being supplied in the former brewery building; consideration would be given to light spill and appropriate planting alongside the River Biss and the railway corridor to facilitate bat movements; the bulk of historic buildings on site were due to be retained with appropriate conditions detailed in the recommendations of the report; the provision of housing would count as a significant material benefit of the scheme; high quality design would be achieved through suggested conditions and detailed consents; the Methodist Chapel was demolished some years ago and would have required conservation area consent if it was still on site; the costs listed in the presentation would only be used on obligations in the application  ...  view the full minutes text for item 72