Agenda item

A report by the Case Officer is attached.

The following people spoke against the proposal:

 

Mrs Astrid Haydon, a local resident

Mr Mark Mullin, Treasurer of Osmond Fields & Rowbarrow Residents’ Association

Mr Tony Cannings, a local resident

 

The following people spoke in favour of the proposal:

 

The Revd. David Scrace, Vicar of Harnham

 

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that the planning application be approved subject to a Section 106 Agreement being entered into with respect to the provision of certain mitigation measures and to conditions.  He also reported the receipt of two further letters of objection.

 

The Case Officer explained the relevance of the recent Hampton Park appeal decision which related to an application for 500 dwellings at Bishopdown. At its meeting on 16 February 2011, this Committee had refused planning permission, contrary to officer advice, based on the presumption that until the Core Strategy had been adopted, the development of the site would be contrary to current adopted Local Plan polices.  This scheme had very recently been the subject of a major Public Inquiry appeal and the Secretary of State had in the last few days had issued his decision to allow the appeal.

 

A site visit had taken place earlier that morning in respect of the application at Rowbarrow now under consideration, which had been attended by Cllr Mark Connolly, Cllr Christine Crisp, Cllr Andrew Davis, Cllr Peter Fuller, Cllr Charles Howard, Cllr Julian Johnson, Cllr Francis Morland, Cllr Stephen Petty, Cllr Leo Randall, Cllr Tony Trotman, Cllr Ian West and Cllr Fred Westmoreland.

 

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.

 

Members then heard the views of Cllr Brian Dalton, the local member who, whilst welcoming in general terms the provision of additional housing, did not consider that the site was suitable for the proposed level of development.  He was disappointed that there had not been an overall development plan in this area which had resulted in the granting of a number of planning permissions over several years without the provision of improved infrastructure usually provided under a Section 106 legal Agreement with large scale developments.  

 

Members of the Committee then considered the application and  the following points were made during the debate:-

 

·                There was a need to protect what was left of the gap between Salisbury and Britford.

 

·                Most of the objections received appeared to be about the loss of a green field site. These sites should be protected and priority should be given to development taking place on brown field sites wherever possible.

 

·                Proposed access arrangements for works vehicles to the site did not appear to be completely satisfactory and it was suggested that the applicant explore the possibility of using an access from the adjoining dairy.

 

·                The possibility be explored of securing a proportion of the affordable homes for local people (should planning permission be granted).

 

After further discussion,

 

Resolved:

 

To grant planning permission for the following reasons:-

 

The site is not allocated in the current adopted Local plan, and technically forms part of open countryside. The proposal is therefore contrary to current local plan policies C7, & H23. However, the land subject of this application is referred to in the emerging SW Core Strategy as being suitable in principle for residential development, and the provision of additional dwellings, including affordable dwellings, would be in line with future Council planning policy. The proposal would also accord with sustainable housing guidance provided in PPS3, and in line with emerging Central Government planning policy.

 

Furthermore, the development would have little visual impact on the wider countryside, the design is considered acceptable, and the long term impacts on surrounding residential amenity would be limited. The utilisation of an established road system and junction would limit the impact of the additional dwellings on the highway system. The proposal would not have a significant impact on the heritage assets or the ecology of the area, or the protected river system.

 

Subject to:-

 

(a)       A Section 106 Legal Agreement being entered into with respect to the provision of the following mitigation measures:-

 

·                PROVISION OF 40 PERCENT AFFORDABLE HOUSING, TO INCLUDE SOME HOMES FOR LOCAL PEOPLE WHERE APPLICABLE UNDER COUNCIL POLICY

·                PROVISION OF ON SITE OPEN SPACE

·                FINANCIAL CONTRIBUTIONS TOWARDS PROVISION AND MAINTENANCE OF ON AND OFF SITE PUBLIC OPEN SPACE

·                CONTRIBUTIONS TOWARDS OFF SITE EDUCATIONAL FACILTIES

·                FINANCIAL CONTRIBUTION TOWARDS THE PROVISION OF OFF SITE COMMUNITY CENTRE/COMMUNITY FACILITIES

·                FINANCIAL CONTRIBUTION TOWARDS OFF SITE HIGHWAY FACILITIES/INFRASTRUCTURE – BUS LANE

·                FINANCIAL CONTRIBUTION TOWARDS THE PROVISION OF HOUSEHOLD WASTE RECYCLING FACILITIES FOR EACH DWELLING

·                PROVISION OF AND FINANCIAL CONTRIBUTION TOWARDS THE MAINTENANCE SCHEDULE FOR LANDSCAPE BUFFER ALONG SOUTHERN BOUNDARY

·                PROVISION OF, AND PROTECTION AND ENHANCEMENT OF EXISTING TREES BELT AND LINEAR PARK

 

(b)      The following conditions:-

 

01 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.

 

02 The development hereby approved shall be carried out in accordance with the plans, sections and elevations submitted on 7^th February 2011 (as listed on Tetlow King plans list issue sheet dated 2^nd February 2011), and the submitted Site Waste Management Plan, the Bat Survey Report dated September 2010, the submitted lighting details, the Arboricultural Implications Assessment by ACD dated 28^th January 2011, the Flood Risk Assessment/Surface Water Drainage Proposals, and the Construction Environmental Management Plan dated January 2011, unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: For the avoidance of doubt, and in order to limit the impact of the development on surrounding amenities, and surrounding environment, and protected species, including the SAC/SSSI.

 

Policy G2 G3 & C12 – impacts on general amenities and environment

 

03 Prior to first occupation of the dwellings hereby approved, a scheme for the protection of the occupiers of those dwellings located adjacent to the south eastern boundary of the site from noise generated by the adjacent commercial dairy operation shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed scheme.

 

REASON: In order to limit the impact of noise from the adjacent commercial dairy on future occupiers of the scheme.

 

Policy G2

 

04 Before development commences, exact manufacturers details of the materials to be used in the development shall be submitted to and agreed in writing by the Local Planning Authority. Unless otherwise agreed in writing with the Local Planning Authority, the palette of materials and colours used in the development shall accord with those shown in the design and access statement. Development shall be carried out in accordance with the agreed scheme. This condition relates to all dwellings and also the garages, walls, railings and hardstanding areas.

 

REASON: In order to ensure that the scheme is constructed in accordance with the aims of the development brief and the design and access statement and that the scheme is visually similar to the existing housing estate currently being constructed.

 

Policy G2

 

05 The garages hereby permitted shall not be converted to habitable accommodation.

 

REASON: In order to retain sufficient parking space on the proposal site in the interests of the wider highway network

 

Policy G2

 

06 Before occupation of any dwelling, the associated car parking serving that dwelling, including any visitor spaces, shall have been constructed, provided and made available for parking purposes for occupiers of that dwelling.

 

REASON: In order to retain sufficient parking space on the proposal site in the interests of the wider highway network

 

Policy G2

 

07 No development shall commence until:

 

a)A written programme of phased archaeological investigation and mitigation, which should include 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; 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.

 

Policy CN20 -23

 

08 Before works commence on site, the locations and designs of ecology enhancements detailed in the Ecology Assessment (ACD October 2010) will be supplied for approval by the Local Planning Authority . The works will be undertaken in accordance with the approved locations and designs.

 

REASON: In order to ensure that the ecological enhancements and mitigation measures are delivered.

 

Policy C12 & PPS9

 

09 Prior to any development commencing the trees adjacent to the development, namely the tree belt adjacent Downton Road and the trees adjacent to the right of way along the south eastern boundary of the site, shall be protected in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority. The agreed protection measures shall remain in place until the development has been completed.

 

REASON: In order to ensure that existing trees are protected during construction works.

 

Policy G2

 

10 Development shall be conducted in accordance with the approved Flood risk Assessment (ref: MJA Consulting - AMc/4260 Rev B, dated November 2008) and shall not begin until a surface water drainage schemefor the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed, and is to include details of how the scheme shall be maintained and managed after completion.

 

REASON: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity where practical, and to ensure future maintenance of the surface water drainage system.  

 

Policy G2 & G4, PPS25

 

11. No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details. 

REASON : In the interests of sustainable development and prudent use of natural resources.

 

Policy G1 & G2

 

12 Before occupation of any of the dwellings, a scheme for the timing of planting of the all the proposed tree and shrub planting within the red line of the application site shall be submitted to and approved in writing by the Local Planning Authority. Planting shall be carried out in accordance with the agreed scheme, and in accordance with the Landscape Specification and Landscape Management and Maintenance Plan by ACD dated January 2011.

 

REASON: In order to enhance the visual appearance of the area in the longer term, and to enhance the ecology of the area. 

 

Policy G2

 

13. Traffic related to the construction works shall only access the development site  between the hours of 0800hrs to 1800hrs on Mondays to Fridays, and between 0800hrs to 1300hrs on Saturdays. Construction works on site shall take only between 0730hrs and 1830hrs Mondays to Fridays and between 0730hrs and 1300hrs on Saturdays. No working or associated traffic on Sundays or public holidays. A scheme to limit the impact of construction works and construction traffic on existing residential properties, including routes of construction traffic, location of works compound, and mitigation measures to reduce the impact on noise, fumes, dust, lighting and vibration, shall be submitted to and approved by the Local Planning Authority prior to any such works commencing, including the clearance of the site. Construction works shall be carried out in strict accordance with the agreed scheme.

 

REASON: In order limit the impact of construction/development on residential amenities

 

Policy G2 – Amenities

 

14. 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 footway and carriageway to at least binder course (also referred to as base course) level between the dwelling and existing public highway.

REASON: In the interest of highways safety and general residential amenities

 

POLICY G2 – Amenities and highway system

 

15. No development shall commence on site until cross sections through the site showing details of existing and proposed gradients/finished floor levels of the development, including also proposed estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first brought into use until the dwellings, estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

REASON: To ensure that the development and roads are laid out and constructed in a satisfactory manner in the interest of general amenity and highway safety.

 

INFORMATIVE: -

 

1.Pollution

Safeguards should be implemented during the construction phase to minimise the risks of pollution and detrimental effects to the water interests in and around the site.
 Such safeguards should cover the use of plant and machinery, oils/chemicals and materials; the use and routing of heavy plant and vehicles; the location and form of work and storage areas and compounds and the control and removal of spoil and wastes.
 
PollutionPreventionGuidelines, canbefoundat:

http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx.
 
SustainableConstruction

Sustainable design and construction should be implemented across the proposed development.  This is important in limiting the effects of and adapting to climate change.   

The Code for Sustainable Homes should be complied with, achieving the highest level possible.  For details on compliance with the Code the applicant is advised to visit: http://www.communities.gov.uk/publications/planningandbuilding/codesustainabilitystandards.

 

SiteWasteManagementPlan
In England, it is a legal requirement to have a site waste management plan (SWMP) for all new construction projects worth more than £300,000.The level of detail that your SWMP should contain depends on the estimated build cost, excluding VAT. You must still comply with the duty of care for waste. Because you will need to record all waste movements in one document, having a SWMP will help you to ensure you comply with the duty of care.
Further information can be found at http://www.netregs-swmp.co.uk
 
The development should include water efficient systems and fittings. These should include dual-flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating (as a minimum). Greywater recycling and rainwater harvesting should be considered.

Any submitted scheme should include detailed information (capacities, consumption rates etc) on proposed water saving measures.  Please do not include manufacturer’s specifications.  Applicants are advised to refer to the following for further guidance 
http://www.environment-agency.gov.uk/homeandleisure/drought/31755.aspx
http://www.savewatersavemoney.co.uk/
 

2.The archaeological work should be conducted by a professional archaeological contractor in accordance with a Written Scheme of Investigation and mitigation agreed by this office. There will be financial implications for the applicant.

 

3. Construction access – The developer should be aware that there is considerable local concern regards the possible impact of the construction works on the general amenity of existing residents. Notwithstanding the requirements of condition 13 above, the Council urges the developer to take every necessary precaution to limit and restrict such impacts, and to liaise with local residents regards such works. Any alternative access route for construction traffic should be explored, although any such alternative solution may need additional consents.