Agenda item

The following people spoke against the proposal:

 

Mr David Lymath, a local resident

Mr Wren, representing Save Calne Marsh Group

 

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  She introduced the report which recommended that the planning application be granted subject to conditions. She also drew Members’ attention to the late items.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

After discussion,

 

Resolved:

 

To grant planning permission for the following reason:-

 

The reserved matters of appearance, layout, scale and landscaping accords with the outline permission granted under 08/02438OUT and would not result in the detrimental impact on any residential amenities, landscape, ecology or highways.  The proposal thus accords with Policies C2, C3 and NE15 of the adopted North Wiltshire Local Plan 2011.

 

 

Subject to the following conditions:

 

 

1. Prior to the commencement of the development of Plots 38-285 (inclusive), details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

 

(1)  finished floor levels of all buildings;

(2)  finished levels across the site;

 

Where the development permitted is to be carried out in a phased manner, the development of each phase shall not start until details of the matters listed above have been submitted to and approved in writing by the local planning authority insofar as they relate to that phase.

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

 

POLICY – C3 NE15

 

 2. Prior to the commencement of development a tree and hedgerow protection plan in line with the requirements of BS 5837:2005 – “Trees in relation to construction – Recommendations” should be submitted to and approved in writing by the LPA. The approved method and line of protective fencing should be erected around the approved Root Protection/Construction Exclusion areas before any construction operations are commenced on site. The plan should consider likely requirements for temporary access, compounds and storage areas etc.

 

This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

REASON: Necessary for protection of existing retained landscape features during course of construction phases.

 

POLICY – C3

 

3. Prior to the occupation of the 1^st dwelling hereby permitted, details of the following matters (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the local planning authority:

 

 

(1) details of the play equipment to be installed on the "LEAP" in the position indicated on the drawing number PL-01 Revision Z.

 

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

 

POLICY – C3 NE15

 

4. The north eastern landscape buffer fronting the residential development along Sandpit Road shall be carried out in the first planting and seeding season following the commencement of development.  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.

 

POLICY- C3 NE15

 

 

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

 

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

 

POLICY- C3 NE15

 

6. (a) No retained tree or hedge shall be cut down, uprooted or destroyed, nor shall any retained tree or hedge be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

(b)  If any retained tree or hedge is removed, uprooted or destroyed or dies, another tree/hedgerow shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

In this condition “retained tree or hedge ” means an existing tree or hedge which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) 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.

 

POLICY- C3 NE15

 

7. The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

            REASON: To ensure that the development is served by an adequate means of access.

 

POLICY – C3

 

8. No dwelling shall be occupied until the parking space(s) together with the access thereto, have been provided in accordance with the approved plans.

 

REASON: In the interests of highway safety and the amenity of future occupants.

 

POLICY – C3

 

9. The development hereby permitted shall be constructed in accordance with the noise mitigation measures contained within paragraph 5.2.3 of the Noise Assessment prepared by ANV dated October 2008 unless otherwise approved in writing by the Local Planning Authority.

 

Reason: In the interests of the residential amenity of those residents fronting/adjoining Sandpit Road.

 

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON:  To safeguard the amenities and character of the area and in the interest of highway safety.

 

POLICY- C3

 

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions/extensions or external alterations to plots 70-84 inclusive and plots 246-257 inclusive.

 

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

 

POLICY-C3

12. The construction of any part of the development hereby granted shall not include the use on site of machinery, powered vehicles or power tools before 08:00 hours or after 18:00 hours on any weekday, nor before 08:00 hours or after 13:00 hours on any Saturday nor at all on any Sunday or Bank or Public Holiday without the prior approval in writing of the Local Planning Authority.

 

Reason:  In the interests of the amenity of local residents.

 

13. The existing access to the sales offices shall be used solely for that purpose and shall not be used by any residential or construction traffic.  Once the sales office ceases to be used in this location, the existing access shall be blocked up and planted in the first available planting season in accordance with dwg no. JBA/10/172-03C dated 1 March 2011.

 

Reason: For clarification in the interests of highway safety and the provision and retention of the landscape buffer along this boundary.

 

14. The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed in informative 2. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

REASON: To ensure that the development is implemented as approved.

 

INFORMATIVES:

1.         This decision should be read in conjunction with decision 08/02438OUT and the S106 agreement approved therein. 

 

2.         List of plans as referred to in Condition 14.

 

Dated 22 October 2010

 

PL-03B, PL-04a

HT-01B, 02B, 03a A, 03b, 04B, 05A A, 05B A, 05C A, 06A C, 06B, 06C A, 06D, 07A B, 07B, 07C A, 08A B, 08C B, 09a, 09b A, 10a, 10c, 11, 12A A, 12B A, 21B, 21A, 21B, 21C, 23a A, 23b A, 24, 25,

GAR-01 A, 02 A, 03A, 04 A, 05 A, 06 A, 07 A,

HT-AFAPT-01 B, 02 B, 03 A, 04 A05 A

HT-OPAPT-01 A, 02 A, 03 A, 04 A, 05 A 06 A, 07 A, 08 A

STORE 01 B

 

Dated 1 March 2011

 

Design and Access Statement

PL-01 Z, PL-05 H, PL-09 G PL-11 A, PL-12 B,

SS-01 D, 02

Per-01

HT-22a B, 22b B

JBA 10/172-01C, 2C, 03C, 04C, 05C, 06B, 07B, 08B and 09.

 

Dated 4 March 2011

 

RHSW/3677/06/001

 

Dated 11 March 2011

 

PL-01 AA

 

Dated 14 March 2011

 

JBA 10/172-01E, 2E, 03E, 04E, 05D, 06D, 07D, 08D and 09 LANDSCAPE EMP PLANS

 

3.         The Applicant should seek to ensure that arrangements are made in good time with the Highways Authority in respect of seeking the installation of street lighting and early adoption of the site access prior to first occupation.  The applicant is also invited to consider the provision and installation of a bus layby as part of the development proposals.