Agenda item

E/09/01353/FUL - Full planning application for: Construction of a 248 berth canal boat marina basin with mooring jetties; walkways and service bollards; new access; administration/shower block; service quay with fuel, pump out, elsan disposal; tow-path lift bridge; 124 car parking spaces, 2 non-specific residential moorings; and landscaping - Lower Foxhangers Farm, Rowde, Devizes, Wiltshire, SN10 1SS

Minutes:

Public Participation:

 

  1. Mr Warren, the Agent, spoke in support of the application.
  2. Councillor Jonathon Seed, Unitary Member for Summerham and Seend, spoke in support of the application.

 

Councillor Nick Fogg was requested by the Chairman to refrain from voting as he arrived at 6:15pm and therefore did not have the benefit of all the information presented to the Committee.

 

Resolved:

 

Planning permission is GRANTED for the following reasons:

 

The proposal is considered to be acceptable in terms of its location and impact on visual amenity, highway safety, ecology, flood risk, archaeology and neighbour amenity.

 

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

The two moorings included as 'residential moorings' shall only be occupied by persons wholly or mainly employed at the marina complex, including the spouse and dependants of such persons. No other moorings shall be occupied as permanent residential moorings.

 

REASON:

These residential moorings are only permitted in order to meet the particular operational and security needs of the marina operator. Any additional residential moorings within this countryside location would be contrary to planning policy HC26 and the overarching theme of "sustainable development" of the housing strategy of local plan. This strategy seeks to guide development to the most sustainable locations. Such additional permanent residential moorings would set an undesirable precedent within the area and county as a whole.

 

3

No development relating to the erection of the shower block and office building shall commence on site until details and samples of the materials to be used for the external walls and roofs (including the veranda) 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.

 

4

No development relating to the shower block/office building shall commence on site until details of all eaves, verges, windows, doors and rainwater goods 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.

 

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 marina 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.

 

6

All landscaping contained on the approved plans shall be managed and maintained in accordance with the details set out in the Landscape Maintenance and Management Plan received on the 24th January 2010 unless otherwise agreed in writing.

 

REASON:

To ensure the proper management of the landscaped areas in the interests of visual amenity.

 

7

No part of the development hereby permitted, other the construction of the access itself and the associated highway works, shall commence until the new access arrangement from the A361 (including the new right hand turning bay and visibility splays) and alterations to the internal access road have been completed in accordance with the details shown on the approved plans. The visibility splays shall be kept free of obstruction to visibility at or above a height of 900 millimetres above the nearside carriageway level. The access shall be maintained as such thereafter and the visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON:

In the interests of highway safety.

 

8

The development hereby permitted shall not be first brought into use until the first forty metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON:

In the interests of highway safety.

 

9

No development shall commence on site until details of the stopping up of the existing vehicular access for vehicles have been submitted to and approved in writing by the Local Planning Authority (the access shall remain open for users of the public right of way only). That stopping up shall take place in accordance with the approved details within one month of the completion of the new access arrangement which is shown on the approved plans and then shall be maintained in that form thereafter. No later than one month after the completion of the new access arrangement, the sole means of vehicular access to the development shall be as shown on the plans hereby approved.

 

REASON:

In the interests of highway safety.

 

10

No part of the development hereby approved, other than the new access arrangement, shall first be brought into use until the parking spaces shown on the approved plans have been properly consolidated, suitably surfaced and laid out in accordance with details shown on those plans, and this area shall thereafter be maintained and remain available for this use at all times.

REASON:

To ensure that adequate provision is made for parking within the site in the interests of highway safety and amenity.

 

11

No development shall commence on site until an ecological method statement  has been submitted to and approved in writing by the local planning authority. This statement shall include pre-construction phase mitigation measures, construction stage mitigation measures as well as mitigation and enhancement measures to be carried out once the development has been completed and the marina is in operation. Development shall be carried out in accordance with the approved details.

 

REASON:

To ensure the proper protection and enhancement of protected species and their habitats.

 

12

No development shall commence until a Construction Environmental Management Plan, detailing pollution prevention measures, has been submitted to and approved in writing by the local planning authority. The development shall subsequently be implemented in accordance with the approved details and agreed timescale.

 

REASON:

To prevent pollution of the water environment. 

 

13

No development shall commence on site until full details of the means of foul sewage disposal 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 means of foul water disposal proposed is appropriate and adequately sized for the development.

 

14

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

 

REASON:

To ensure that the development can be adequately drained.

 

15

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), no gates, fences, walls or other means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere within the site.

 

REASON: 

In the interests of visual amenity.

 

16

No external lighting shall be installed on site (including the access road), or in association with the proposed highway improvement works, until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

REASON:

In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

17

No works shall commence on site until an archaeological photographic survey, including analysis, and photographic record of the remains of the railway viaduct has been submitted to and approved in writing by the Local Planning Authority. The results of the approved survey shall be supplied by the applicant to Wiltshire County Archaeology and British Waterways.

 

REASON: 

To secure the proper recording of the railway viaduct.

 

18

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.

 

19

No materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site without the prior approval in writing of the Local Planning Authority.

REASON: 

In the interests of the appearance of the site and the amenities of the area.

 

20

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 first brought into use 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 and visual amenity.

 

21

No development shall commence on site until details of recycling facilities (including location and range of facilities) have been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until the approved recycling facilities have been completed and made available for use in accordance with the approved details and they shall be subsequently maintained in accordance with the approved details thereafter.

 

REASON:

In the interests of public health and safety and visual amenity.

 

22

INFORMATIVE TO APPLICANT:

Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way that crosses the site. You are advised to contact the public right of way officer.

 

23

INFORMATIVE TO APPLICANT

The attention of the applicant is drawn to the contents of the attached letters from Wiltshire Fire and Rescue Service dated the 6th November 2009 and Wessex Water dated the 29th October 2009.

 

 

24

This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.  Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

 

Plan Ref: 1831/001 B, Date Received: 12th October 2009

Plan Ref: 1831/002 E, Date Received: 25th January 2010

Plan Ref: 1831/003 G, Date Received: 25th January 2010

Plan Ref: 1831/004 B, Date Received: 12th October 2009

Plan Ref: 1831/005 F, Date Received: 12th October 2009

Plan Ref: 1831/007 C, Date Received: 2nd February 2010

Plan Ref: 1831/010 B, Date Received: 25th January 2010

Plan Ref: 1831/011 A, Date Received: 2nd February 2010

Plan Ref: 1831/012, Date Received: 25th January 2010

Plan Ref: 1831/013, Date Received: 25th January 2010

Plan Ref: Fig 1A (1 of 3), Date Received: 2nd February 2010

Plan Ref: CAD/LCD-LFH-001, Date Received: 12th October

Plan Ref: Landscape Maintenance and Management Plan, Date Received: 24th January 2010

Plan Ref: E-G6903.00/01 Rev: RO, Date Received: 25th November 2009