Agenda item

Public Participation

 

Mr Fuller spoke in objection to the application

 

Paul Coleman and Councillor Anstey spoke in support of the application.

 

The Planning Officer introduced the report which recommended that the application be DELEGATED to officers for planning permission to be GRANTED subject to conditions.

 

It was explained that this was a hybrid application containing both detailed and outline plans. The established C2 use was confirmed as continuing and the designs were considered appropriate. Attention was drawn to the late observations in which details were given of an assessment on traffic increase and which addressed resident’s concerns.

 

The Committee was then given the opportunity to ask technical questions of the officers and it was queried whether it was right to include bin provision within the Section 106 agreement and whether it should be delegated in conjunction with the Waste Service.

 

Members of the Public then had the opportunity to address the Committee as detailed above.

 

The Local Member, Councillor Tonge expressed his concerns about the traffic implications and the cumulative effect on Neston. He requested that if the Committee were going to approve the application consideration was given to ways of diverting traffic towards the A4 and away from Neston and that the proposed minibus be made available for community use.

 

In the ensuing debate the need for this sort of facility in the community was highlighted and it was confirmed that a regular bus service passed at the end of the road.

 

RESOLVED:

 

Subject to no new and substantive issues being raised by the Council’s Ecologist and Natural England, including the addition and/or alteration of relevant planning conditions

And

Subject to all parties entering into a legal agreement under s106 of The Act in respect of (and following the covenants set out in existing legal agreement associated with permission 10/04093/FUL): age restrictions, provision of communal facilities, highway improvements, travel plan, minimum care requirements and contributions to bin/recycling provision in light of the proposed Waste Strategy , then:

To DELEGATE to officers for Planning Permission to be GRANTED for the following reason:

The site has a lawful use as a residential training centre (Class C2) and in common with previous permissions on this site, the proposal overcomes the reasons for dismissal of the subsequent appeal, under reference 05/02094/OUT. The legal Agreement associated with this panning permission secures, in perpetuity, the nature of the use permitted, sustainable travel and highway improvements. The revised design respects the character of the site and continues to provide significant landscape improvements. As was the case with previous permissions, traffic generation compares favourably with the lawful use and would be lower than potential alternatives. The biodiversity of the site, including protected species, will be preserved and enhanced. In light of the above, the proposal is considered to comply with policies C1, C2, C3, NE5, NE9, NE11, NE14, NE15, NE17, NE29, T1, T2, T3 and T4 of the North Wiltshire Local Plan 2011 as well as guidance contained within the National Planning Policy Framework.

Subject to the following conditions:

 

1.     The full development hereby permitted (as shown green on phasing plan dwg no. 2234/051) 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.     Prior to the commencement of the development hereby permitted (as shown shaded red on the phasing plan dwg no. 2234/051), 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:

 

(a)      The siting of the development (including existing and proposed levels);

(b)      The design of the development;

(c)      The external appearance of the development;

(d)      The landscaping of 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 approved details.

 

REASON: The application was made for outline planning permission.

 

3. (a)      The application for approval in respect of all matters        reserved in       Condition No.1 above shall be made to the    local planning authority      within a period of three years,   commencing on the date of this permission.

 

(b)      The development hereby permitted shall be begun before           the expiration of two years of the date of approval of the last     of the reserved matters to be approved.

 

REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 

4.     The approved landscaping scheme shall be implemented in accordance with a phased scheme of implementation to be submitted to and approved by the local planning authority before development commences. The landscaping shall be maintained thereafter for a period of not less than five years from the implementation of each phase. This maintenance shall include the replacement of any tree or shrub which is removed, destroyed or dies by a tree or shrub of the same size and species as that which it replaces, unless otherwise agreed in writing by the local planning authority.

 

REASON: In the interests of amenity.

 

5.     Prior to the commencement of the development hereby permitted and before any equipment, machinery or materials are brought onto the site for the purposes of the development, details of fencing to be erected for the protection of retained trees/hedges/shrubs shall be submitted to and approved in writing by the local planning authority. Fencing for the protection of retained trees/hedges/shrubs shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development and 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 written consent of the local planning authority.

 

REASON: In the interests of protecting the existing trees/ hedges/ shrubs on the site.

 

6.     No development shall take place until a detailed scheme for the positioning of all service trenches, pipe runs and/or drains has been submitted to and approved in writing by the Local Planning Authority. Such detailed scheme shall be configured such that no trenches, pipe runs and/or drains are sited within the root protection zone of retained trees set out in the approved landscape strategy and plans.

 

REASON: To maintain a vigorous and healthy root system to ensure the retention of trees in a safe and healthy condition.

 

7.     No development shall take place until details of the construction of all walls, fences and other means of enclosure have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in accordance with a timescale to be approved by the local planning authority

 

REASON:In the interests of amenity.

 

8.     No development shall take place until a scheme for remediation of ground contamination shall be submitted to and approved by the local planning authority. The remediation shall be carried out in complete accordance with the details agreed under this condition and with timescales, which shall be contained within the scheme. A remediation validation report shall be submitted to and approved by the local planning authority within three months of completion of the approved remediation works.

 

REASON:To avoid risk of contamination.

 

9.     Absolutely no external lighting (including any lighting installed for security purposes or used during construction) shall be installed anywhere on the site until full details (which shall include positioning, levels of luminance and hours of illumination), have been submitted to and approved in writing by the local planning authority. The lighting shall thereafter be installed and operated in accordance with the approved details, unless otherwise first agreed in writing by the local planning authority in the form of a separate planning permission in that regard.

 

REASON: In the interests of amenity and nature conservation.

 

10.Prior to the erection of any building hereby granted planning permission, details of all materials to be used externally shall be submitted to, and approved in writing by, the local planning authority. The development shall be built in the materials approved.

 

REASON: In the interests of visual amenity.

 

11.Prior to the first use or occupation of any building on the site, a demand responsive bus service for the use of residents and staff shall commence and be provided in perpetuity. Specific details of type of bus, days / hours of operation and area to be covered by the service, which shall be agreed in writing with the local planning authority prior to commencement of that service.

 

REASON: In the interests of highway safety and accessibility.

 

12.No development shall take place on the site until detailed schemes for the access road, junctions and footways along the access road (to include the installation of street lighting on the access road), has been submitted to, and agreed in writing, by the local planning authority. For the avoidance of doubt, details shall include any necessary Traffic Regulation Orders. Development shall be carried out in complete accordance with those details approved prior to the first use or occupation of any of the buildings hereby granted planning permission.

 

REASON: In the interests of highway safety and accessibility.

 

13.No development shall take place until detailed schemes for the upgrading of rights of way Box 49, Box 50, Box 51 and Corsham 63 (within 1500m of the site) have be submitted to, and agreed in writing by the local planning authority. For the avoidance of doubt, this shall include any necessary Traffic Regulation Orders. Development shall be carried out in complete accordance with those details approved prior to the first use or occupation of any of the buildings hereby granted planning permission.

 

REASON: In the interests of highway safety and accessibility.

 

14.Prior to first occupation of any of the buildings, the access road, access road footway, access road street lighting, junctions and rights of way improvements to be constructed on the detailed phase of development shall be completed in their entirety.

 

REASON: In the interests of highway safety and accessibility.

 

15.No development shall take place until a construction method statement, including phasing of development in relation to nature conservation interests has been submitted to and approved by the Local Planning Authority. The development shall be carried out in complete accordance with the approved statement.

 

REASON: In the interests of nature conservation.

 

16.Prior to the commencement of development a Site Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the Plan.

 

REASON: In the interests of the amenity and waste reduction objectives of the adopted Wiltshire and Swindon Waste Core Strategy July 2009.

 

Informatives:

 

1.     Attention is drawn to the Legal Agreement relating to this development or land which has been made pursuant to Section 106 of the Town and Country Planning Act 1990, Section 111 of the Local Government Act 1972, Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 or other enabling powers and the Deed of Variation dated 21/06/2011.

 

2.     The Council should like to encourage the applicant to introduce any measures in conjunction with Highways Officers to reduce the potential for turning left from the site to seek to ensure main routes from the development are used.

 

3.     If an on-demand bus service is provided for the site, local community groups would welcome the opportunity to share the use of the bus if feasible.