Agenda item

Public Participation

 

Mike Kerton spoke in support of the application.

 

The Planning Officer introduced the report which recommended that planning permission be GRANTED subject to the signing of a Section 106 agreement.

 

He explained that the site was contained within the boundaries of Westwells, had been subject to a long and varied history and a previous outline application granted in 2005, although technically expired, remained a material consideration and showed the long-standing development aspirations.

 

He highlighted that objections received due to the ecological sensitivity of the site had since been withdrawn, leaving the key issue being the use of Moor Park as the principle access. Substantial objections had been received from close residents especially those residing in Moor Park, however the Committee’s attention was drawn to the previously approved outline application plans which clearly marked Moor Park as being an access point for the site, and assessments on the access against both current and previous standards had shown it was adequate to take the proposed development.

 

He explained that the development had been included within the core strategy and was required to meet the 5 year housing land supply, noted the benefits in redevelopment and highlighted the extensive suite of conditions.

 

Roger Witt, Senior Development Control Officer then explained that the existing access did not meet the standard on the minimum permissible splays for the speed limit and would require land from the adjacent properties if this was to be met. He explained that Moor Park was designed to allow up to 100 dwellings and the additional traffic generated would be approximately equivalent to 1 extra vehicle every 2 minutes at peak time and every 4-5 minutes off peak.

 

The Committee then had the opportunity to ask technical questions of officers and it was confirmed that the proposed application was the same as the previous application and number of dwellings on site had increased by one from 38 to 39 which gave a density of just under 28 per hectare. Concern was raised over the possibility of mineshafts being located within the site however this had been addressed in the conditions in that they required a survey to be undertaken and mitigation work completed as required.

 

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

 

The Local Member, Councillor Dick Tonge noted that the site was derelict, containing dangerous buildings and a tank full of rubbish and water, and confirmed there were no mineshafts on the site. He highlighted the key concern as being the access through Moor Park, explaining that it was a fundamental objection both now and 8 years ago. He highlighted that the issue with the existing access not meeting the required standards was difficult to understand and bemusing to residents given its use when a factory was operational there. He requested that if the Committee were minded to approve the concerns of residents on heavy construction traffic be considered and that the existing entrance be used for these.

 

In the debate that followed an addition to the conditions to explore the possibility of using the existing access for construction traffic was proposed, seconded and agreed. The Committee noted both that site had been separated and developed for a different use than Moor Park and the need for appropriate open space. Concern raised over the concept being unsuitable for the location with inadequate highways were balanced by recent Planning Inspectorate decisions which highlighted no weight had been given to resident’s concerns regarding traffic. It was confirmed that the site was now classed as abandoned meaning a new application would be needed should it be brought back into use as a factory.   

 

Resolved:

 

To DELEGATE to the Area Development Manager for planning permission to be GRANTED subject to the signing of a Section 106 agreement for the following reason:

 

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic, social and environmental conditions of the area.

 

The proposed development by virtue of its scale, form and layout will secure the redevelopment of a redundant derelict site and deliver residential development necessary to meet identified requirements  in  both  adopted  and  emerging  plans  in  accordance  with  previous  historic permissions issued at the site. The proposed development of the site accords with policies C1; C2;

 

C3; NE9; NE11; NE17; NE 18; H3; T2; T3; CF2; CF3 of the Adopted North Wiltshire Local Plan 2011 and paragraphs 1 – 16 of the National Planning Policy Framework.

 

Subject to 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 all the existing buildings on site 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-C3

 

3.     No development shall commence on site until details and samples of the materials to be used for the external walls and roofs 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-C3

 

4.     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:-

 

•         location and current canopy spread of all existing trees and hedgerows on the land;

•         full details of any to be retained, together with measures for their protection in the course of development;

•         a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

•         finished levels and contours;

•         means of enclosure;

•         car park layouts;

•         other vehicle and pedestrian access and circulation areas;

•         all hard and soft surfacing materials;

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

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

•         tree(s), of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428

 

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

 

POLICY- C3

 

5.     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- C3

 

6.     No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until a Tree Protection Plan showing the exact position of each  tree/s and their protective fencing in accordance with British Standard 5837: 2012: “Trees in Relation to Design, Demolition and Construction -Recommendations”; has been submitted to and approved in writing by the Local Planning Authority, and;

 

The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

 

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 “Tree Work – Recommendations” or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

 

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

 

[In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs 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.

 

POLICY-C3

 

7.     No development shall commence on site until details of all earthworks, including retention of bunds on site, have been submitted to and approved in writing by the Local Planning Authority.  These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, and the nature and source of the material, showing the relationship of proposed mounding to existing vegetation and surrounding landform. The development shall not be occupied/first brought into use until such time as the earthworks have been carried out in accordance with the details approved under this condition.

 

REASON: To ensure a satisfactory landscaped setting for the development.

 

POLICY-C3

 

8.     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 footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

POLICY-C3

 

9.     No development shall commence on site until details of the stopping up of all existing accesses, both pedestrian and vehicular, have been submitted to and approved in writing by the Local Planning Authority. That stopping up shall take place in accordance with the approved details within one month of the first use of the approved access. No later than one month after the first occupation of the development, the sole means of vehicular and pedestrian access to the development shall be as shown on the plans hereby approved.

 

REASON: In the interests of highway safety. POLICY-C3

 

10.No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

POLICY- C3

 

11.Any garage doors installed at any time in the garage(s) hereby permitted shall be fitted so that its leading edge does not project forward of the leading wall of that garage.

 

REASON: In the interests of highway safety and convenience.

 

POLICY- C3

 

12.No dwelling shall be occupied until the parking space(s) together with the access thereto, have been provided in accordance with the approved plans.

 

REASON: In the interests of highway safety and the amenity of future occupants.

 

POLICY-C3

 

13.Notwithstanding the details shown on the submitted plans and forms, no development shall commence on site until details of the integral car ports 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 – C3

 

14.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), the integral car ports hereby permitted shall not be converted to habitable accommodation, nor any external doors fitted.

 

REASON:  To safeguard the amenities and character of the area and in the interest of highway safety.

 

POLICY – C3

 

15.No development (excluding demolition and site clearance) shall commence on site until a detailed and finalised scheme for the discharge of surface water from the site, incorporating sustainable drainage details in accordance with the submitted drainage strategy dated  13/3/12,  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.

 

POLICY-C3

 

16.No development shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing public sewer 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 and does not increase the risk of flooding or pose a risk to public health or the environment.

 

POLICY-C3

 

17.The  development  hereby  permitted  shall  not  be  occupied  until  the  approved sewage disposal works proposed have been completed in accordance with the submitted and approved details.

 

REASON: To ensure that the development is provided with a satisfactory means of drainage.

 

POLICY-C3

 

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

 

a)              The demolition of existing structures in site and removal and disposal of waste materials;

 

b)              Demolition and construction traffic access, including measures to facilitate use of the existing site access from Westwells Road;

 

c)              the parking of vehicles of site operatives and visitors;

 

d)              loading and unloading of plant and materials;

 

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

 

f)               the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

 

g)              wheel washing facilities;

 

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

 

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

 

j)                measures for the protection of the natural environment.

 

k)              hours of construction, including deliveries;

 

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

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-C3

 

19.No development shall commence (excluding approved demolition and site clearance works) until the applicant has submitted additional geotechnical and ground investigations the findings and any necessary mitigation proposals and remedial have been approved in writing by the Local Planning Authority. The report must assess and consider the following matters. Two individual hotspots of lead and naphthalene were recorded in the grey angular fine gravel surface covering in TP07 and TP04, these occurrences should be removed where present below proposed private garden areas. Due to the pre-mentioned the entire site should be screened for similar substances and remediated appropriately. Two shallow rotary cored boreholes to allow at least 5 – 6m of penetration into the underlying Oolitic Limestone horizon in order to gain additional geotechnical data for pile design, should it be considered. An additional day’s trial pitting is required in order to reduce uncertainty of the thickness of the quarry discards in the northern and southern site areas. TRL-DCP testing across site to gain a better understanding of CBR values at formation depth is required.

 

Examination of the underlying soils and assessment of the chemical nature of the underlying soils during the site clearance phase of works at the site to collect samples of the shallow soils for testing  for  typical  munitions  residues,  predominately  accelerant  and  explosive  breakdown products.

 

REASON: In the interests of residential amenities.

 

20.Pursuant to condition 19

 

Step (ii) Submission of Remediation Scheme:

 

If any unacceptable risks are identified as a result of the investigation and assessment referred to in step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared. This should detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment, should be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures.

 

Step (iii) Implementation of Approved Remediation Scheme:

 

The approved remediation scheme under step (ii) must be carried out in accordance with its requirements. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works.

 

Step (iv) Reporting of Unexpected Contamination:

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it should be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment should be undertaken in accordance with the requirements of step (i) above and where remediation is necessary, a remediation scheme should be prepared in accordance with the requirements of step (ii) and submitted to and approved in writing by the Local Planning Authority.

 

Step (v) Verification of remedial works:

 

Following completion of measures identified in the approved remediation scheme a verification report  (referred  to  in  PPS23  as  a  validation  report)  must  be  produced.  The report should demonstrate the effectiveness of the remedial works.

 

A statement should also be provided by the developer which is signed by a person who is competent to confirm that the works detailed in the approved scheme have been carried out (The Local Planning Authority can provide a draft Remediation Certificate when the details of the remediation scheme have been approved at stage (ii) above).

 

The verification report and signed statement should be submitted to and approved in writing of the Local Planning Authority.

 

Step (vi) Long Term Monitoring and Maintenance:

 

If a monitoring and maintenance scheme is required as part of the approved remediation scheme, reports must be prepared and submitted to the Local Planning Authority for approval at the relevant stages in the development process as approved by the Local Planning Authority in the scheme approved pursuant to step (ii) above, until all the remediation objectives in that scheme have been achieved.

 

All works must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures  for  the  Management  of Land  Contamination,  CLR  11”  and  other  authoritative guidance.

 

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

21.All development shall be carried out in full accordance with the agreed bat mitigation measures, as set out in the submitted Bat Survey Report v4 (ADAS UK, September 2012), without the approval of the Local Planning Authority.

 

     Prior to commencement of development a bat monitoring plan shall be submitted to and approved in writing by the Local Planning Authority.  The monitoring plan shall clearly set out the methods and timing of annual post-construction monitoring of bat roosting, foraging and commuting activity to be carried out during the first three years upon completion of the construction phase, as necessary  to  assess  the  effectiveness  of  the  approved  bat  mitigation measures. Annual monitoring reports shall be submitted to the Local Planning Authority in accordance with the agreed monitoring plan.

 

     All external lighting shall be installed and maintained in full accordance with the details provided in the External Lighting Impact Assessment (URS, 2012, Ref: 47063838). No additional or alternative external lighting may be installed without the approval of the Local Planning Authority.

 

REASON: In the interests of the protection of protected species of wildlife and their habitat.

 

22.The  development  hereby  permitted  shall  be  carried  out  in  accordance  with  the following approved plans:

 

List of plans to follow as additional information

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

POLICY-C3

 

Informatives

 

1.     Any  alterations  to  the  approved  plans,  brought  about  by  compliance  with  Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

2.     This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990.

 

3.     The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer.  Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary  depending  on  the  size,  depth,  strategic  importance,  available access and the ground conditions appertaining to the sewer in question.

 

4.     The applicant should note the contents of the attached letter from Wessex Water and the requirements regarding existing Foul Sewers on site.

 

5.     The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

6.     The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place.  Please note that this consent does not override the statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please see Natural England’s website for further information on protected species.