Agenda item

W/12/01169/FUL: Land Opposite Paxcroft Farm, Paxcroft, Hilperton,

Minutes:

Public Participation

Mr Mike James spoke in support of the application.

Mr Chris Beaver, agent, spoke in support of the application.

 

 

The Planning Officer introduced a report which recommended refusal. It was highlighted that the principle of the development had been accepted with previous applications, with the current plans reduced in scale, but that Highways issues were the major concern with the new application.

 

The Committee then had the opportunity to ask technical questions of the officers. In response to queries, officers detailed the Highways objections to the proposed application, including the 50mph speed limit on the Primary Route Network with 14,000 cars per day on average, and that although the peak times for the Rugby Club would be on Saturdays and Sundays, over short periods of time at those peak times there would be significant numbers of vehicles, and the proposal as submitted would allow the possibility of visitors attempting to turn right across the road into the sight despite signage restricting this option. It was confirmed Highways regarded the creation of a right turning lane, though more costly, as the safest and thus preferred option.

 

Members also raised questions regarding similarities with access issues and Chippenham Golf Course, which officers did not regard as comparable, and details of accidents on the two main roads serving the proposed Rugby Club and the Chippenham course were given. Questions were also raised regarding recent housing developments in the area and the impact of this on the road network and access points.

 

Members of the public then had the opportunity to address the Committee with their views, as detailed above.

 

The Local Member, Cllr Ernie Clark, then spoke in support of the application.

 

A debate followed, where details of any signage required to prevent inappropriate turning into the sign was raised, and the safety of the proposed access arrangements was debated.

 

After debate, it was,

 

Resolved:

 

That Planning Permission be GRANTED for the following reason:

 

The development is hereby approved as subject to appropriate mitigation, that can be secured through the imposition of appropriate planning conditions, the development accords with the development plan and would cause no significant demonstrable harm to any acknowledged planning interests.

 

Subject to the following conditions:

 

1. The development hereby permitted shall begin before the expiration of three years from the date of this permission.

 

REASON: In accordance with Section 91 of the Town & Country Planning Act 1990 as amended by Section 51 of the Planning & Compulsory Purchase Act 2004.

 

2. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted 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:  To ensure that the development harmonises with its setting.

POLICY:  West Wiltshire District Plan 1st Alteration 2004 - C31A. 

 

3. No development shall take place within the proposed development 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 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

National Planning Policy Framework                                                                             

 

4. The development shall be carried out in accordance with the recommendations outlined in the Ecological Appraisal dated 19 August 2005 and updated “Badger and Bat Survey” dated 13 April 2012 submitted as part of this application.

 

REASON: To protect and conserve the natural environment.

National Planning Policy Framework

 

5. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

(i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

(k) retained historic landscape features and proposed restoration, where relevant.

 

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

POLICY: West Wiltshire District Plan 1st Alteration 2004 - C31a & C32

 

6. 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: West Wiltshire District Plan 1st Alteration 2004 – C31a & C32

 

7. Notwithstanding the requirements of Condition 5, no development shall take place until a scheme of planting to provide a screen for the site along its boundaries has been submitted to, and approved in writing by the Local Planning Authority and the approved scheme shall be fully implemented within 6 months of the commencement of development.  All planting shall be properly maintained for a period of 5 years.  Any plants, which die, are removed or become damaged or diseased within this period shall be replaced in the next planting season with others of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation.  The screen shall be retained thereafter.

 

REASON: In the interests of the amenities of neighbouring properties and the appearance of the locality.

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C32 & C38

 

8. Notwithstanding the requirements of condition 5, the existing natural hedgerow along the west boundary of the site shall be retained and reinforced where necessary in accordance with a scheme to be submitted to, and approved in writing by, the Local Planning Authority before any work starts on site.  Any such reinforcement shall be carried out during the planting season October-March inclusive, following the first occupation of the adjacent building/s and properly maintained for a period of five years including replacement of any plants which die, are removed or become damaged or diseased within this period with plants of a similar size and the same species, unless the Local Planning Authority gives written consent to any variation, and the approved scheme thereafter retained.  The Local Planning Authority shall be advised in writing when the planting has been undertaken so that initial compliance with the condition can be checked.

 

REASON: In the interests of the amenities of neighbouring properties, the protection of native habitats and to maintain and enhance the appearance of the site.

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C32 & C38.

National Planning Policy Framework

 

9. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to, and approved in writing by, the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner. The landscape management plan shall be carried out in accordance with the approved details.

 

REASON: To secure the proper development of the site and in the interests of the establishment and long term management of the landscaped areas.

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C32

 

10. No sound reproduction or amplification equipment (including public address systems and loudspeakers) which is audible at the site boundary shall be installed or operated on the site without the prior written approval of the Local Planning Authority.

 

REASON:  In order to safeguard the amenities of the area in which the development is located.

POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C38.

 

11. Notwithstanding the submitted details of floodlighting and prior to the installation of any lighting equipment, details of all external lighting within the site, including playing pitches, road areas etc and details of the lighting columns, external cowls, louvres, or other shields to be fitted to reduce light pollution shall be submitted to an approved in writing by the Local Planning Authority.  The lighting shall be provided in accordance with the approved plans.

 

REASON: In the interests of nature conservation and visual and residential amenity.

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C1, C35 & C38

National Planning Policy Framework

 

12. The floodlighting hereby permitted shall only be used between the hours of 15.00 and 22.00.

 

REASON: In order to minimise nuisance and protect rural amenities and protected species.

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C1, C35 & C38

 

13. The proposed access road, footways, footpaths, verges, junction, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, and car parking shall be constructed and laid out in accordance with details to be submitted to and approved in writing by the Local Planning Authority in writing before their construction begins. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and methods of construction shall be submitted to the Local Planning Authority.

 

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

 

14. No development shall commence until a signing scheme which prevents vehicles from making a turn into the site from the Semington direction has been submitted to and approved in writing by the Local Planning Authority.  The signing scheme shall be fully installed in accordance with the approved scheme before the first use of the development and thereafter subsequently retained.

 

REASON: In the interests of highway safety

 

15. The development shall not commence until a Travel Plan which meets the current required standard and is in accordance with the Department for Transport publication 'Making residential travel plans work: good practice guidelines' and Supplementary Planning Guidance 'Development Related Travel Plans in Wiltshire', has been submitted to and approved in writing by The Local Planning Authority.  The Travel Plan shall be implemented in accordance with the approved details.

 

REASON: In order to promote alternative means of travel and to manage the effects of any additional traffic in the interests of sustainability.

 

16. Details of storage areas for wheeled refuse bins, designed so as to minimise their impact on the appearance of the street scene shall be submitted to and approved in writing by the Local Planning Authority.  The approved storage area shall be provided prior to the development being first occupied and shall be maintained as such thereafter.

 

REASON:  In the interests of the appearance of the street scene.

POLICY: West Wiltshire District Plan 1st Alteration 2004 – C31a & C32

 

17. Notwithstanding the provisions of Part 4, Class B of The Town & Country Planning (General Permitted Development) Order 1995, as maybe subsequently amended, no car boot sales or other markets shall be permitted within the application site.

 

REASON: In the interests of highway safety and to protect residential amenity.

 

18. The development hereby permitted shall be limited to D2 (Assembly and Leisure) and ancillary D1 (Non-Residential Institutions) uses of the Schedule to the Town & Country Planning (Use Classes) Order 1987, or in any provision equivalent to those classes in any statutory instrument revoking and re-enacting that Order, with or without modification.

 

REASON: Because the use hereby permitted is acceptable whereas other uses including the same use class may not be.

 

19. The development hereby permitted shall not be carried out except in complete accordance with the details on the submitted plans:

 

Dwg 1031/001 rev C received on 20.06.2012

Dwg 1031/002 rev A received on 20.06.2012

Dwg 1031/003 rev A received on 20.06.2012

Dwg 1031/004 rev A received on 20.06.2012

Dwg 1031/006 rev E received on 20.08.2012

Dwg 1031/008 rev G received on 20.08.2012

Dwg 1031/009 rev B received on 20.08.2012

Dwg 1031/010 rev D received on 20.08.2012

Dwg 1031/011 rev B received on 20.06.2012

Dwg 1031/013 rev A received on 20.06.2012

Dwg 1031/014 rev A received on 20.06.2012

Dwg 1031/015 rev F received on 20.08.2012

Dwg 1031/016 rev A received on 20.08.2012

Dwg GA01 rev B received on 20.06.2012 or Dwg GA03 received on 20.08.2012

Dwg SPA03 received on 20.08.2012

 

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

 

INFORMATIVES:

 

1. The applicant is advised to contact both Natural England and the District Ecologist with regard to protected species before and during construction.

 

2. The applicant is advised to contact the County Archaeologist with regard to the archaeological interest of the site and the requirements in respect of condition 3.

 

3. With regard to drainage, the applicant is advised that

(a) on site arrangements for foul drainage will need to comply with the Building Regulations,

(b) an Environmental Permit may be required from the Environment Agency depending on discharge volumes,

 

4. The applicant is advised that appropriate pollution measures should be used during the construction and operation of the site.  The applicant should refer to the pollution prevention guidance on the following website for future information:

www.environment-agency.gov.uk/business/topics/potential39083.aspx

 

5. Further to the requirements of condition 14, the signing scheme shall consist of a banned turn sign which is enforced via a traffic regulation order and an additional sign indicating that drivers shall use the roundabout to ‘U’ turn in order to enter the site when approaching from the Semington direction.  Both signs and the order making process shall be provided at the full expense of the developer.

 

6. The applicant is advised to contact the Council’s Rights of Way Warden (Paul Millard) when/if any dead trees are to be felled in the hedge line along the western boundary to ensure that signage is adequate and a person is present on the byway during felling to prevent danger to users.

 

7. Further to the requirements of condition 11, the proposed lighting scheme should comply with guidance issued by the Institution of Lighting Engineers.

 

8. To request the Rugby Club include a note on their website for visiting teams approaching from the Devizes direction, advising them to comply with the traffic order to use the roundabout and not turn right into the grounds.

 

9. To request a similar note for those approaching from the Trowbridge direction to use Hilperton Drive, and not the Trowbridge-Devizes Road that runs through Hliperton village.

Supporting documents: