Agenda item

A report by the Case Officer is attached.

The following people spoke against the proposal:

 

Ms Kay Pidgeon, a local resident and representing RADAR (Residents Against Development Affecting Recreational Land)

Mr Huw Tyson, a local resident

Mr Matthew Martin, a local resident

Cllr Andrew Phillips, representing Chippenham Town Council

 

The following people spoke in favour of the proposal:

 

Mr Michael Orr, CSJ Planning, representing the applicant

Ms Anna Sabine, representing the applicant and Chippenham Rugby Club

Mr Philip Meek, representing Westinghouse Cricket Club

 

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 and the imposition of conditions. Attention was also drawn to the late observations.

 

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 Cllrs Nina Phillips and Judy Rooke, local members, who both objected to the proposal.

 

After discussion,

 

Resolved:

 

To grant planning permission for the following reason:-

 

The proposed development is considered to be of a density, layout, scale and appearance that is appropriate to the context of its surroundings and without significant impact upon amenities of existing residential occupiers.  Subject to the imposition of appropriately worded planning conditions and, critically, a legal agreement that ensures delivers community infrastructure and a compensatory package of replacement sporting facilities that would be lost as a result of redevelopment of the application site, the proposal is considered to comply with the provisions of adopted North Wiltshire Local Plan policies C2, C3, NE11, NE14, NE17, T3, H3, H5, CF2 and CF3 together with national policy guidance contained in PPS3, PPS9, PPS17, PPS23 and PPS25.

 

Subject to:-

 

(a)          All parties entering into a legal agreement under Section 106 of The Act in respect of the following issues:

·           Financial contribution towards the provision of education facilities

·           Provision and maintenance of public open space

·           Provision of affordable housing on site

·           To ensure mitigation package of replacement sporting facilities proposed under planning application 11/00420/FUL is provided prior to development taking place

 

(b)          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. No development shall commence on site until details of the design, external appearance and decorative finish of all railings, fences, gates, walls, bollards and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to the development being occupied / brought into use.

 

REASON:  In the interests of visual amenity and the character and appearance of the area.

 

3. 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.

 

4 (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree 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 is removed, uprooted or destroyed or dies, another tree 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.

 

  (c) No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. 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.

 

In this condition “retained tree” means an existing tree 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.

 

5. No dwelling on the development hereby approved shall be occupied until sufficient space for the parking of 153 vehicles together with a vehicular access thereto has been provided in accordance with details submitted to and approved in writing by the Local Planning Authority. The said space shall not be used other than for the parking of vehicles or for the purpose of access.

 

Reason: To ensure that adequate provision is made for parking within the site in the interests of

highway safety.

 

6. 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 to, or extensions or enlargements of any building forming part of the development hereby permitted.

 

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 enlargements.

 

7. No development shall commence on site until details of the storage of refuse, including details of location, size, means of enclosure and materials, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved refuse storage has been completed and made available for use in accordance with the approved details and it shall be subsequently maintained in accordance with the approved details thereafter.

 

REASON: In the interests of public health and safety.

 

8. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

9. No development shall commence on site until details of the works for the disposal of sewerage 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 ensure that the proposal is provided with a satisfactory means of drainage.

 

10. No development shall commence on site until a scheme to deal with contamination of the land has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the public, buildings and the environment when the site is developed. The site shall be fully decontaminated in accordance with the approved scheme before any part of the development is first occupied.

 

REASON: In the interests of public health and safety.

 

11. No development shall commence within the application site 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.

 

12. Prior to the commencement of development full and complete details of the proposed treatment of the existing access to the site shall have been submitted to and approved in writing by the Local Planning Authority.  Such details shall include means of enclosure at each end (which shall specifically include the provision of substantial gates), surfacing of the land and method of ensuring future security of the land so as to prevent the land becoming a focus for noise, disturbance and anti-social behaviour.  Development shall be carried out in complete accordance with the details so agreed.

 

REASON:  So as to secure a satisfactory treatment of this part of the application site and to prevent an adverse impact upon the amenities of neighbouring residents.

 

13. Prior to the commencement of development an Ecological mitigation Plan shall have been submitted to and agreed in writing by the Local planning Authority.  Such a Plan shall include: (a) the timing and supervision of construction works so as to avoid unnecessary damage to active birds nests; (b) a scheme for lighting across the site (both construction and any permanent lighting) to ensure protection of bat foraging areas and commuting corridors; (c) the provision of bat and bird boxes within the development.  Development shall be carried out in complete accordance with the agreed details.

 

REASON:  To mitigate against the loss of existing biodiversity and nature habitats.

 

14. Notwithstanding that demonstrated on submitted plan reference 3341/205 – type E rev.A, the first floor bedroom 1 window in the rear elevation of plot 01 E shall not be created and shall instead be substituted with an alternative window inserted in to the south-east side facing elevation of that property.  Development shall be carried out in complete accordance with this planning condition unless otherwise agreed in writing with the Local Planning Authority prior to the commencement of construction of plot 01 E.

 

REASON:  In the interests of securing the amenity of existing residents in Park Avenue.

 

15. The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. 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.

 

Location plan 3341/101 rev.A  (date stamped 14^th January 2011)

Site plan 3341/103 rev.T  (date stamped 29^th July 2011)

Adoption and management 3341/110  (date stamped 29^th July 2011)

Site survey 3341/102  (date stamped 14^th January 2011)

Existing trees plan 3341/105 rev.A  (date stamped 14^th January 2011)

Existing buildings to be demolished 3341/106 rev.A  (date stamped 14^th January 2011)

Street elevations sections AA-CC 3341/108 rev.B  (date stamped 29^th July 2011)

Street elevations sections DD-FF 3341/109 rev.B  (date stamped 29^th July 2011)

House type A floor plans and elevations 3341/201 rev.B  (date stamped 14^th January 2011)

House type B floor plans and elevations 3341/202 rev.B  (date stamped 14^th January 2011)

House type C floor plans and elevations 3341/203 rev.A  (date stamped 14^th January 2011)

House type D floor plans and elevations 3341/204 rev.A  (date stamped 14^th January 2011)

House type E floor plans and elevations 3341/205 rev.A  (date stamped 14^th January 2011)

House type F floor plans and elevations 3341/206 rev.A  (date stamped 14^th January 2011)

House type G floor plans and elevations 3341/207 rev.B  (date stamped 14^th January 2011)

House type H floor plans and elevations 3341/208 rev.A  (date stamped 14^th January 2011)

House type J floor plans and elevations 3341/209 rev.A  (date stamped 14^th January 2011)

House type K floor plans and elevations 3341/210 rev.A  (date stamped 14^th January 2011)

House type L floor plans and elevations 3341/211 rev.A  (date stamped 14^th January 2011)

House type M floor plans and elevations 3341/212 rev.A  (date stamped 14^th January 2011)

Apartments block 1 floor plans 3341/301 rev.A  (date stamped 14^th January 2011)

Apartments block 2 floor plans 3341/302 rev.A  (date stamped 14^th January 2011)

Apartments block 3 (affordable) floor plans 3341/303 rev.C  (12^th May 2011)

Apartments block 1 elevations 3341/304 rev.A  (date stamped 14^th January 2011)

Apartments block 2 elevations 3341/305 rev.A  (date stamped 14^th January 2011)

Apartments block 3 elevations 3341/306 rev.C  (date stamped12^th May 2011)

Single garage floor plans and elevations 3341/401 rev.A  (date stamped 12^th may 2011)

Double garage floor plans and elevations 3341/402  (date stamped 14^th January 2011)

Triple garage floor plans and elevations 3341/403 rev.A  12^th May 2011)

Cycle store units 33-44 floor plans and elevations 3341/404 rev.A  (date stamped 12^th May 2011)

Cycle store units 15-26 floor plans and elevations 3341/405 rev.A  (date stamped 12^th may 2011)

Sheds floor plans and elevations 3341/406  (date stamped 14^th January 2011)

Quad garage floor plans and elevations 3341/407  (date stamped 29^th July 2011)

Single garage – type 02 floor plans and elevations 3341/408  (date stamped 29^th July 2011)

Double garage – type 02 floor plans and elevations 3341/409  (date stamped 29^th July 2011)

Landscape principles PHL237-1 rev.C  (date stamped 14^th July 2011)

Drainage Strategy 10051-C001 rev.D  (date stamped 30^th August 2011)

 

Planning Supporting Statement  (date stamped 14^th January 2011)

Design and Access Statement (date stamped 14^th January 2011)

Design and Access Statement addendum (dated August 2011)

Sustainability Statement  (date stamped 14^th January 2011)

Construction Management Plan  (date stamped 14^th January 2011)

Site Waste management Plan  (date stamped 14^th January 2011)

Flood Risk Assessment  (date stamped 14^th January 2011)

Archaeological Desk-Based Assessment  (date stamped 14^th January 2011)

Transportation Assessment  (date stamped 14^th January 2011)

Statement of Community Engagement  (date stamped 14^th January 2011)

Hydrock Desk Study  (date stamped 14^th January 2011)

Additional letters and information Hydrock/Wessex Water  (date stamped 24^th February 2011)

Ecology and Protected Species Survey  (date stamped 14^th January 2011)

Reptile Survey  (date stamped 14^th June 2011)

Arboricultural Implications Assessment  (date stamped 14^th January 2011)

Westinghouse Sports Ground Mitigation Package  (date stamped 14^th January 2011)

Supporting Evidence Tennis and Bowls Provision  (date stamped 11^th March 2011)

Westinghouse Mitigation Package Appendix 1 (date stamped 14^th January 2011)

Westinghouse Mitigation Package Appendix 2 (date stamped 14^th January 2011)

Westinghouse Mitigation Package Appendix 3 (date stamped 14^th January 2011)

Westinghouse Mitigation Package Appendix 4 (date stamped 14^th January 2011)

 

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

 

16.  Prior to the commencement of development a Construction management Plan shall have been submitted and approved in writing by the Local Planning Authority.  Such a Construction Management Plan shall include detailed and specific measures that shall be employed during the construction phase of development so as to keep noise and disturbance to surrounding residents to the absolute minimum.  It shall include, but not be limited to, such measures relating to the timing of constructions works, method of access and egress from the site, and procedure for dealing with any legitimate and reasonable complaints raised by residents in respect of noise and disturbance during that construction phase of development.  Development shall be carried out in complete accordance with those details so agreed under the terms of this planning condition.

 

REASON:  So as to ensure a neighbourly construction phase of development and, by extension, so as to minimise unnecessary noise and disturbance to surrounding residents during that phase.