Agenda item

 

Application Number	W/11/01373/FUL
Site Location	Church Farm, Church Street, Hilperton, Wiltshire, BA14 7RG
Development	Residential development of 20 units including conversion of existing buildings, new build and associated works
Recommendation	Approval
Division Member	Councillor Ernie Clark
Division	Hilperton
Town / Parish Council	Hilperton

 

Councillor Trevor Carbin left the room at that point, Minute No.110 refers.

 

Public Participation:

-       Mr Neil Millar spoke in objection to the application

-       Mr Spencer Westwood spoke in objection to the application

-       Mr Edward Sweet spoke in objection to the application

-       Mr Andrew Penna, agent, spoke in support of the application

 

During the debate members of the committee discussed the provision of affordable housing, the off and on site parking and the possible impact of the development on the character and appearance of the conservation area.

 

On being put to the vote a motion to refuse planning permission was lost, Councillor Clark asked for his vote in favour of refusing planning permission to be recorded.

 

Resolved:

 

To delegate authority to the Director of Development to grant planning permission subject to a legal agreement to secure the following:

i) a financial contribution towards the provision of 6 primary school places. Calculated at the 2011/12 cost multiplier of £12598 each, (totalling £75, 588 which would be valid on any S106 signed by 31.03.12);

ii) a financial contribution towards the provision of traffic calming, enhanced bus service infrastructure and a contribution of £2000 towards improvements to Bridleway HILP33 which links directly from the village to Middle Lane in Trowbridge;

iii) a financial contribution of £20,000 towards improvements to the village hall facilities.

iv) a financial contribution of £10,600 to be made in respect to enhancing off-site public open space provision, which shall ring fenced for improving the existing facilities at Hilperton Recreation Ground. [NB. Should the applicant wish to transfer the maintenance of the on-site public open space to the Council, there would be an additional financial contribution levied amounting to £27,915].

v) the provision of 3 affordable housing units on site (offered as the 2 x 2 bed units within Building B and 1 of the mid terrace 3- bed units within Building G) for rented accommodation as well as providing a commuted sum for off-site provision which shall be subject to a claw-back clause to allow for the ‘open book’ test to be revisited before any units are sold to ensure any subsequent improvement in viability is reflected in the commuted sum payment.

 

For the following reason(s):

 

The proposed development conforms to the Development Plan and the legal agreements and the conditions attached to it overcome any objections on planning grounds.

 

Subject to the following condition(s):

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 all the tin clad existing buildings (which are not identified for retention) have been permanently demolished and all of the demolition materials and debris resulting there from has been removed from the site.

 

REASON: In the interests of the character and appearance of the area [and neighbouring amenities].

POLICY: PPS5 - Planning for the Historic Environment and West Wiltshire District Plan 1^st Alteration 2004 policies C18 and C22.

 

3 For the avoidance of any doubt, the red brick and pantile roofing material used in building 2 (B _C) and the natural stone built boundary wall fronting Church Street shall be carefully dismantled and stored in a dry and secure place for re-use. The materials shall not be disposed of or otherwise taken off-site without the prior written approval of the Local Planning Authority.

 

REASON: In the interests of preserving the character and appearance of the Conservation Area.

POLICY: PPS5 - Planning for the Historic Environment and West Wiltshire District Plan 1^st Alteration 2004 policies C18 and C22.

 

4 No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

(a) the parking of vehicles of site operatives and visitors;

(b) loading and unloading of plant and materials;

(c) storage of plant and materials used in constructing the development;

(d) the erection and maintenance of security hoarding including decorative displays and

facilities for public viewing, where appropriate;

(e) wheel washing facilities;

(f) measures to control the emission of dust and dirt during construction;

(g) a scheme for recycling/disposing of waste resulting from demolition and construction works; and

(h) measures for the protection of the natural environment.

(i) hours of construction, including deliveries;

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement without the prior written permission of the Local Planning Authority.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

POLICY: PPG24 - Planning and Noise and West Wiltshire District Plan 1st Alteration 2004 policy C38 [NB. In addition to the requirements listed above, reader’s attention is also drawn to the terms of condition 15 below - which specifically covers ecological interests]

 

5 No development shall commence on site until details and samples of the materials to be used for the development, including the dwellings, external walls (including all the new means of site/plot enclosures) and roof materials have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

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

POLICY: PPS5 - Planning for the Historic Environment and West Wiltshire District Plan 1^st Alteration 2004 policies C18 and C31a.

 

6 No development shall commence on site until details of the proposed ground floor slab levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels details.

 

REASON: In the interests of visual amenity.

POLICY: West Wiltshire District Plan 1st Alteration 2004 policies C18, C31a and C38

 

7 Details of any external lighting shall be submitted to and approved in writing by the local planning authority before the dwelling houses hereby approved have been brought into use. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of preventing light pollution and nuisance

POLICY: West Wiltshire District Plan - 1st Alteration policies C35 and C38.

 

8 No development shall commence on site until details of the finish to external timber, including any paint or stain 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 brought into use.

 

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

POLICY: PPS5 - Planning for the Historic Environment and West Wiltshire District Plan 1^st Alteration 2004 policy C18 and C31a.

 

9 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.

 

10 The public open space on-site provision shall be made available simultaneously with the development being brought into use.

 

REASON: To ensure a satisfactory provision of public open space throughout the development in the interests of the amenity of future residents.

POLICY: Leisure and Recreation DPD January 2009 policy LP4

 

11 No development hereby approved shall commence until proposals for the future maintenance of the on-site public open space have been submitted to and approved in writing by the local planning authority. Thereafter, the said areas of open space shall be maintained in complete accordance with the terms of such a scheme as may be so approved unless the planning

authority gives written approval to any variation.

 

REASON: To ensure that the on-site public open space provision satisfies the interests and amenities of future residents.

POLICY: Leisure and Recreation DPD January 2009 policy LP4

 

12 No development shall commence on site until details of the 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 occupied until the 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 roads are laid out and constructed in a satisfactory manner.

 

13 The development hereby permitted shall not be occupied until provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway. Details of such provision shall have first been submitted to and approved by the Local planning Authority.

 

REASON: In the interests of Highway safety.

 

14 The junction onto the public highway shall have minimum 6m radii, whilst the gradient of the access road shall be no greater than 6.7% for the initial 6m and no greater than 8% thereafter.

 

REASON: In the interests of Highway safety.

 

15 No demolition work shall commence on the site until a Construction Method Statement for bats has been submitted to and approved in writing by the local planning authority. The Construction Method Statement should provide details of how works to the buildings with medium/high bat

potential shall be undertaken (following the Bat Absence/Presence Survey report by Marishal Thompson Group, dated June 2011). Details shall be submitted for the Council's written approval indicating the use of the locations of bat boxes, access tiles or bricks into the scheme. The development must be carried out in full accordance with the approved Construction Method

Statement.

 

REASON: In order to replace lost bat roosting opportunities and to maximise ecological conservation.

POLICY: PPS9 - Biodiversity and Geological Conservation.

 

16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order with or without modification, no development falling within Schedule 2, Part 1 Classes A-E of the Order, shall be carried out without the express planning permission of the Local Planning Authority.

 

REASON: In order to protect the amenity interests of neighbours and to safeguard the character of the Conservation Area and to enable the local planning authority to consider individually whether future additions and alterations should be granted.

POLICY: PPS5 - Planning for the Historic Environment and West Wiltshire District Plan - 1^st Alteration policies C18, C31a and C38.

 

17 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), no windows, doors or other form of openings other than those shown on the approved plans, shall be inserted in the northern rear elevation of buildings B _ C; or the northern and southern gable elevations of Building G; or the eastern and western gable elevations of Building H; or the eastern and western gable elevations of Building E, hereby permitted.

 

REASON: In the interests of residential amenity and privacy.

POLICY: West Wiltshire District Plan 1st Alteration 2004 policy C38

 

18 No development shall commence on site until details of the obscure glazing to be used throughout the scheme for all wc and bathroom windows have been submitted to and approved in writing by the Local Planning Authority. The obscure glazing shall be installed as approved and prior to the first occupation of the development hereby approved and thereafter shall be

maintained in accordance with the approved details.

 

REASON: In the interests of residential amenity and privacy.

POLICY: West Wiltshire District Plan 1st Alteration 2004 policy C38

 

19 Prior to the commencement of any development on site a scheme to deal with the risks associated with contamination of the site shall be submitted to and be approved in writing by the local planning authority. That scheme shall include all of the following elements unless specifically excluded by the Local Planning Authority.

1. A desk study identifying:

- all previous uses of the site for at least 100 years and a description of the current condition of

the site with regard to any activities that may cause contamination;

- a list of potential contaminants associated with those uses;

- a conceptual model of the site indicating sources, pathways and receptors; and,

- potentially unacceptable risks arising from contamination at the site.

2. A site investigation scheme, based on (1) to provide information for an assessment of the risk

to all receptors that may be affected, including those off site.

3. The results of the site investigation and risk assessment (2) and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken. The risk assessment shall be carried out in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination CLR11".

4. A verification report on completion of the works set out in (3) confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting.

 

REASON: To ensure that land contamination can be dealt with adequately and to prevent pollution of the water environment prior to the site being brought into residential use.

20 If, during the course of implementing the hereby approved development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval for an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

 

REASON: To prevent pollution of the water environment.

 

21 No dwellinghouse shall be occupied until the realignment of the boundary wall fronting Church Street has been completed in accordance with the approved plans.

 

REASON: In the interests of highway safety and to define the terms of this permission.

 

22 That for the avoidance of any doubt, the car breakers/reclamation business operations shall cease entirely prior to the commencement of any development hereby approved.

 

REASON: In order to define the terms of this permission and in the interests of residential amenity.

POLICY: PPG24 - Planning and Noise and West Wiltshire District Plan - 1st Alteration policy C38.

 

23 No demolition shall be undertaken on site until such time as a detailed schedule of the demolition works has first been submitted to and approved in writing by the Local planning Authority; such details to include:

Details of timing of demolition works;

Details of proposed demolition works, including hand demolition of the stone boundary wall fronting Church Street and B & C (identified as existing Building 2);

Details of proposed storage of (and retained) demolished walling and roofing materials;

and such works shall be implemented fully in accordance with such approved details unless otherwise agreed in writing by the Local Planning Authority.

 

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

POLICY: PPS5 – Planning for the Historic Environment and West Wiltshire District Plan 1^st Alteration 2004 – Policies C17 and C22.

 

24 The development hereby approved shall not be carried out except in complete accordance with the details shown on the following submitted plans:

LOCATION PLAN – received on 27.04.2011

EXISTING SITE PLAN – drawing no. PKE2241.01 received on 27.04.2011

EXISTING PLANS, SECTIONS, ELEVATIONS BUILDING 2 – drawing no. PKE2241.03 received on 27.04.2011

EXISTING ELEVATIONS BUILDING K – drawing no. PKE2241.04 received on 27.04.2011

EXISTING PLANS, ELEVATIONS BUILDING H – drawing no. PKE2241.05 received on 27.04.2011

EXISTING TREE PLAN – drawing no. 5506/3 received on 27.04.2011

PROPOSED SITE LAYOUT PLAN – drawing no. PKE2241.07M received 29.06.2011

PROPOSED BUILDING B, C AND D PLANS – drawing no. PKE2241.09B received 27.04.2011

PROPOSED BUILDING E DETAILS – drawing no. PKE2241.10C received on 27.04.2011

PROPOSED BUILDING F DETAILS – drawing no. PKE2241.11F received on 27.04.2011

PROPOSED BUILDING G DETAILS – drawing no. PKE2241.12D received on 27.04.2011

PROPOSED BUILDING H DETAILS – drawing no. PKE2241.13B received on 27.04.2011

PROPOSED BUILDING K PLANS, SECTIONS ELEVATIONS – drawing no. PKE2241.15A received on 27.04.2011

PROPOSED BUILDING L DETAILS – drawing no. PKE2241.16B received on 27.04.2011

PROPOSED SITE SECTIONS – drawing no. PKE2241.20 received on 27.04.2011

PROPOSED SITE SECTIONS – drawing no. PKE2241.21 received on 27.04.2011

LANDSCAPE DETAILS – drawing no. 5506/1B received on 27.04.2011

TREE DETAIL PLAN – drawing no. 5506/2A received on 27.04.2011

 

REASON: To ensure that the development is carried out in accordance with the approved plans that have been judged to be acceptable by the local planning authority.

 

Informative(s):

 

1. The applicant’s attention is drawn to the existence of the underground reservoir close to the road frontage and the access to it from the roadside.

 

2. The applicant/developer is advised of the need to submit plans, sections and specifications of the proposed retaining wall for the approval of the Highway Authority in acoordance with Section 167 of the Highways Act 1980. For information, this relates to retaining walls which are wholly or partly within 3.65m of a street and which are at any point of a greater height than 1.35m above the level of the ground at the boundary of the street nearest that point.

 

3. Reptiles are protected from injury/ killing under the Wildlife & Countryside Act (1981, as amended) therefore prior to the commencement of construction work, the site must be cleared with due care and attention for reptiles: any significant debris (logs, large stones, piles of garden waste) should be checked by hand for the presence of reptiles sheltering beneath; vegetation

should be cut down to 10cm, and left as such for several days before cutting further and removing the topsoil. All cuttings should be removed from the site. Vegetation clearance should take place outside the breeding bird season (March – August inclusive) unless checked beforehand by a suitably qualified ecologist for the presence of nesting birds.

 

3 It is recommended that the developer investigates the use of Sustainable Drainage Systems (SuDs) for surface water drainage on this site, in order to reduce the rate of run-off.and to reduce pollution risks. These techniques involve controlling the sources of increased surface water, and include:

a) Interception and reuse

b) Porous paving/surfaces

c) Infiltration techniques

d) Detention/attenuation

e) Wetlands

The variety of SUDS techniques available means that virtually any development should be able to include a scheme based around these principles.

 

Pollution Prevention 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 machinery, oils/chemicals and materials, the routing of heavy vehicles, the location of work and storage areas, and the control and removal of spoil and wastes. It is recommended that the applicant refers to the EA Pollution Prevention Guidelines, which can be found at: http://www .environment -aqency.qov. uk/business/topics/pollution/39083.aspx

 

4 The applicant/developer is advised to take note of the guidance provided by Wessex Water dated 9 May 2011.

 

5 Whilst the Geo Environmental Report (dated Nov 2007) prepared by Hyder Consulting has been fully assessed, the impacts of removing the underground storage tanks (USTs) requires further analysis. Once completed, a verification report is required to demonstrate the success of the work, as specified in item 4 of the above condition. Details of the proposed remediation should be prepared to address item 3 of the condition].