Agenda item

Public Participation

Mr Michael Sideras spoke in objection to the application.

Mr Groves spoke in support of the application.

Miss Sophia Thorpe spoke in support of the application.

 

The development control team leader introduced the application. The application had been brought back from the previous planning committee meeting to provide the additional information requested regarding the capacity of Seagry Brook and the situation with regards to M4 drainage. It was clarified that the proposed development would reduce the existing surface water discharge rate into Seagry Brook by 50% and M4 water did not affect the brook.  

 

The committee then had the opportunity to ask technical questions of the officer. This covered whether the road surfaces in the proposal would be permeable, which could not be guaranteed.

 

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

 

The local councillor, Councillor Howard Greenman commented the information provided by the Environment Agency was inadequate and he requested the detailed capacity of the brook before the M4 was constructed and in the present day.

 

A short discussion took place regarding the site not being in a major flood risk area, whether the proposed development was considered suitable in terms of its nature and location, maintenance of the brook and links proposed with the former chicken factory site . 

 

Resolved:

For Application N/13/00011/FUL

 

Planning Permission be delegated to the Area Development Manager to be GRANTED, subject to completion of the Section 106 Agreement for the following reason:

 

The proposed development, by reason of its siting, layout, access, design and materials, will not harm the character or appearance of the site or its setting in a Conservation Area. The proposed drainage and ecological mitigation measures are adequate, as is the level of S106 provision. As such, the proposal accords with Policies C3, NE11, HE1, H3, H6 and CF3 of the adopted North Wiltshire Local Plan 2011 and Sections 7, 10, 11 and 12 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 details and samples of the materials to be used for the external walls and roofs 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: In the interests of visual amenity and the character and appearance of the area.

 

 

3        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 buildings 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.

 

 

4        No part of the development hereby permitted shall be first brought into use until the access (road width at entrance to site 5.5m width), and layout  have been completed in accordance with details shown on the approved plans ITB6118-GA-006 Revision B ‘Proposed Site Access Arrangements’.  The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.    

 

 

5        No part of the development hereby permitted shall be first brought into use and parking spaces have been completed in accordance with the details shown on the approved plans (drawing ITB6118-GA-010 Revision A titled ‘Proposed Parking Arrangements’ and parking schedule included in Table 1 of the Technical Note – Post Application Matters). The areas shall be maintained for those purposes at all times thereafter.

 

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

 

 

6        No part of the development shall be first occupied until the visibility splays shown on the approved plans have been provided with no obstruction to visibility as detailed on drawing  ITB6118GA-009 Revision B ‘Proposed Site Access Arrangements’.  The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

 

7        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.  In line with (Drawing ‘Service Margin Provision’ numbered ITB6118-GA-12 Rev B).  

 

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

 

 

8        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 buildings or structures, or wall, fence or other means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere on the site on the approved plans.

 

REASON:  To safeguard the character and appearance of the area and mitigate against flood risk.

 

 

9        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 extensions, fencing, walls, outbuildings, sheds, greenhouses or any other type of building shall be erected, no orchards or other extensive planting, and no raising of ground levels, shall be permitted within Flood Zone 3, as delineated on the Flood Map in Appendix D and the Site Layout Plan in Appendix E of the Flood Risk Assessment.

 

REASON: To ensure that there will be no increased risk of flooding to other land/properties due to impedance of overland flood flows and/or reduction of flood storage capacity and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions.

 

 

10      No materials, including spoil arising from the excavation of the conservation ponds, shall be deposited (either permanently or temporarily) within Flood Zone 3 as delineated on the Flood Map in Appendix D and the Site Layout Plan in Appendix E of the Flood Risk Assessment during the course of development.

 

REASON: To ensure that there will be no increased risk of flooding to other land/properties due to impedance of flood flows and/or reduction of flood storage capacity.

 

 

 

 

11      No development shall commence on site until a scheme for the discharge of surface water from the site, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall also include details of how the scheme shall be maintained and managed after completion. 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.

 

 

12      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.

 

13      The development hereby permitted shall not be first 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.

 

 

14      No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i)             A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination.  The report shall confirm whether or not it is likely that contamination may be present on the site.

 

Step (ii)             If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment shall be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority. 

 

Step (iii)           If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

REASON:  To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

15      Notwithstanding the approved drawings, no works shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority:

 

(i)       Full details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls / walls, service routes, surface water outfall, visibility splays, accesses, carriageway gradients, driveway gradients, car parking and street furniture, including timetable for provision of such works unless an alternative timetable is agreed in the approved details;

(ii)      Submission of a Landscape and Ecological Management Plan, to include details of pre and post-construction measures together with monitoring details; and

(iii)     Full details and samples of all external materials.

 

The works shall be carried out in accordance with the approved details.

 

REASON: In the interests of the character, appearance, amenity and highway safety of the area.

 

16      Notwithstanding the approved drawings, the development hereby permitted shall not be first occupied until details of the following have been submitted to and approved in writing by the Local Planning Authority:

 

(i)       Full details of the improvements to Public Footpath 8 (including specification details  and in line with drawing titled ‘Indicative Footpath 8 Improvements’ numbered ITB6118-GA008 Revision A); and

(ii)      Full details of the Seagry Road traffic calming measures including specification details (in line with drawing titled ‘Potential gateway feature and visual narrowing on Seagry Road’ numbered ITB6118-GA-007 Revision C).

 

The 10th (tenth) dwelling shall not be first occupied until the Seagry Road traffic calming measures have been provided in accordance with the approved details;

 

The works shall be carried out in accordance with the approved details.

 

REASON: In the interests of preserving the character and appearance of the listed building and its setting.

 

 

17      Finished floor levels shall be set no lower than 55.305 metres above Ordnance Datum.

 

REASON: To reduce the risk of flooding to the proposed development and future occupants.

 

 

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

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

(iv)     loading and unloading of plant and materials;

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

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

(vii)    wheel washing facilities;

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

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

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

(xi)     hours of construction, including deliveries; and

(xii)    demolition works and disposal of demolition materials

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.

 

 

 

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

 

121207-HF-TPP rev A-AM - Tree Protection Plan

 

Received 21 December 2012

 

1117.11 A - House Type 'B': Plot nos. 15, 16, 17, 20 & 21

1117.12 A - House Type 'C1': Plot nos. 1 & 9

1117.13 A - House Type 'C2': Plot nos. 2 & 3

1117.14 A - House Type 'E': Plot nos. 8 & 13

1117.15 A - House Type 'F1': Plot no. 19

1117.16 A - House Type 'F2': Plot no. 14

1117.17 A - House Type 'G1': Plot no. 18

1117.18 A - House Type 'G2': Plot no. 12

1117.20 A - Garages to Plot nos. 13, 14 & 19

 

Received 11 February 2013

 

MWA 1117.22 - Garden Stores: Typical Design

 

Received 27 February 2013

 

274/P4 rev B - Landscape Strategy

 

Received 11 March 2013

 

1117.10 B - House Type 'A': Plot nos. 6 & 7

1117.19 B - House Type 'D': Plot nos. 4, 5, 10 & 11

 

Received 19 March 2013

 

1117.06 H - Proposed Site Plan

1117.21 C - Proposed Site Plan

 

Received 15 May 2013

 

ITB6118-GA-006 Revision B - Proposed Site Access Arrangements

ITB6118-GA-010 Revision A - Proposed Parking Arrangements

ITB6118-GA-009 Revision B - Proposed Site Access Arrangements

ITB6118-GA-008 Revision A - Indicative Footpath 8 Improvements

ITB6118-GA-007 Revision C - Potential gateway feature and visual narrowing on Seagry Road

 

Received 21 June 2013

 

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

 

 

 

 

 

INFORMATIVES:

 

1        Any alterations to the submitted and 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        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.

 

 

3        There must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.

 

 

4        Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws the prior written consent (Flood Defence Consent) of the Environment Agency is required for any proposed works (permanent or temporary) or structures (including any surface water drainage outfall) in, under, over or within 8 metres of the top of the bank of the Sutton Benger Brook, designated a ‘main’ river. The need for this consent is over and above the need for planning consent. The applicant is advised to contact Daniel Griffin on 01258 483421 to discuss the scope of the Environment Agency's controls.

 

Resolved:

For Application N/13/00012/CAC

 

Conservation Area Consent be GRANTED, for the following reason:

 

The proposed development, by virtue of the extent, type and quality of buildings to be demolished and prospect of a suitable replacement, will not harm the character or appearance of the Conservation Area or its setting. As such, the proposal accords with Policies C3 and HE2 of the adopted North Wiltshire Local Plan 2011 and Section 12 of the National Planning Policy Framework.

And subject to the following conditions:

 

1        The works for which Conservation Area Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

 

REASON:  To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

 

2        No building operations 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.

 

 

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

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

(xiv)   loading and unloading of plant and materials;

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

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

(xvii)  wheel washing facilities;

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

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

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

(xxi)   hours of construction, including deliveries; and

(xxii)  demolition works and disposal of demolition materials

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.

 

 

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

 

Red Line Plan

 

Received 21 December 2012

 

1117.21 C - Proposed Site Plan

 

Received 15 May 2013

 

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