Agenda item

Public participation

 

Jo Davis spoke in support of the application.

 

Tim Woodward spoke in objection to the application.

 

The officer introduced the proposal, drawing attention to the recommendation in the late observations which recommended that permission be delegated to the Area Development manager to grant subject to a section 106 agreement and conditions

 

He corrected an error in the report, confirming that 115 dwellings were proposed. He highlighted that zoning will be used to control the type of buildings to be constructed in each area.

 

The Committee then had the opportunity to ask technical questions and it was confirmed that a condition would protect the zones proposed, and any changes to them would have to be approved by the Committee. Attention was drawn to an error in condition 35 of the report, and it was clarified that the supermarket could sell 20 per cent comparison goods. Conditions would control parking in the supermarket car park and ensure access from Langley Park to the train station.

 

Concern over traffic flow problems, which would be partially alleviated by the new link road and the installation of traffic signals at the Little George Roundabout. The Retail Impact Assessment indicated that the development would have no adverse impact on Chippenham town centre.

 

Queries over the heads of terms for the Section 106 agreement confirmed that as there was no impact on the town centre there was no justification for a contribution in that area. Had it been possible to get more money for education it would have been asked for. The 30% affordable housing was in line with the current local plan policy and to ask for any increase would weigh on the viability of the proposal. The Committee noted the need to show the funding required by the Chippenham Transport Strategy within the Section 106 proposal.

Although the parking was not owned by Wiltshire Council the applicants were happy for a condition which would allow its use by town centre visitors.

 

Members of the public then had the opportunity to address the committee as detailed above.

 

The local member, Cllr Caswill addressed the Committee. He urged the Committee to defer the application. He noted that the development was crucial for Chippenham, and supported the demolition of the majority of the existing buildings. Social housing was a vital issue, and he praised the extensive public consultation. He highlighted the need to ring-fence funding for the pedestrian lift at the railway station. He noted concerns regarding the impact of the development on the town centre, additional traffic and highways issues, the lack of open space, the effect on near-by housing and the loss of the White House.

 

In the debate that followed the benefits of the development to the community were noted. The proposal included a significant contribution to public openspace; and many of the highways issues were pre-existing and would not be resolved by the applicant.

 

Resolved:

 

In respect of 13/01776/OUT:

 

To DELEGATE to the Area Development Manager to grant planning permission subject to the signing of a  Section 106 agreement which should be approved by the Head of Sustainable Transport and the Head of New Housing; and

 

To DELEGATE to the Area Development Manager to alter, remove and add additional planning conditions prior to the issuing of the decision notice

 

The heads of terms for the planning obligation under section 106 of the Town and Country Planning Act 1990 are as follows:

 

Affordable Housing

30% on site affordable housing (70:30 social rented/shared equity provision)

 

Highways Contributions

£1.4m offsite highways work including junction improvements to Little George roundabout and a new junction at Pew Hill or works to be undertaken by the applicant /developer under section 278 agreement

 

£100,000 financial contribution to Wiltshire Council to deliver a DDA compliant lift on the northern side of the existing public foot/cycle bridge across the railway. Financial provision offered for a five year period and refundable to the applicant/developer if the works are not carried out in this time.

 

£100,000 financial contribution to improvements to Old Road to encourage foot and cycle connectivity into the town centre or works to be undertaken by the applicant/developer under a Section 278 agreement

 

Delivery of a new vehicle access through the application site to the boundary of the northern station car park to reduce traffic movements along Old Road. The details and final alignment of this route will be the subject of a future reserved matters application.

 

Secure a possible future landing point on the northern side of the railway within the application site for a new foot/cycle link across the railway line. The desired route is subject to external funding being identified and secured to deliver any foot/cycle bridge. The exact location of the landing point will be the subject of a future reswerved matters application.

 

Public Transport

£200,000 financial contribution to subsidise a new public transport route through the development site for a 3-4 year period.

 

Provision of bus stops along proposed internal link road.

 

Public Open Space

£250,000 financial contribution to off-site public open space improvements (£50,000 allocated to Built Leisure Facilities (Halls, Bowls, Artificial Turf etc) and £200,000 allocated to off-site open space and play facilities

 

Education

£310,000 financial contribution to education to be split between secondary and primary education

 

And subject to the following conditions:

 

1)    Application for approval of the reserved matters specified in Condition 3 below, accompanied by detailed plans and full particulars, must be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

2)    The development hereby permitted must be begun not later than the expiration of two years from the final approval of reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

 

3)    Details of the following reserved matters shall be submitted to and approved in writing by the Local Planning Authority for each plot before any part of the development of that plot is commenced and shall be implemented as approved:

(a)  Layout,

(b)  Scale,

(c)  Appearance

(d)  Access

(e)  Landscaping

 

4)    The development hereby permitted shall not be carried out except in broad accordance with the details shown on the submitted plans and documents, as detailed below:

 

Parameter Plan: Landscape – SK28-23 C

Parameter Plan: Movement – SK28-22- D

Parameter Plan Building Height – SK28 -21- D

Parameter Plan Land Use – SK28-20 –D

Master Plan-             SK28-3 REV F

Highway Plans-      IMA 12 066 015 Rev F

                                    IMA 12 066 028

                                    IMA 12 066 029

Technical Documents-

                                    Planning Statement

Design & Access Statement

                                    Transport Assessment

                                    Environment Statement

Drainage Statement

 

5)    No development shall commence on any plot of the development until full details of the colour, finish and texture of all new materials to be used on all external surfaces, for all buildings within that phase, together with samples of the facing materials and roof treatments have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details.

 

6)    No development shall take place on any phase of the development until details of the construction of all walls, fences and other means of enclosure for that phase of development has been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented and complete prior to the first occupation of the unit.

 

7)    The landscaping scheme for each plot of development, as required by condition 3 shall include:

 

a)    indications of all existing trees and hedgerows on the phase of development;

b)   details of any trees 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, bin and cycle stores 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)    details for the intended treatment of all boundaries of the phase of development

 

The above details shall be provided prior to the first occupation of any part of the plot to which the above details relate.

 

8)    Any trees or plants removed, dying, being severely damaged or becoming seriously diseased within 5 years of planting shall be replaced in the following planting season by trees or plants of a size and species similar to those originally required to be planted;

 

9)    The development shall comply with the following requirements:

                               i.        the hotel shall not exceed 3530 sq ms.

                             ii.        the buildings to be used for B1 & B2 use shall not exceed 3901 sq ms.

                            iii.        the buildings to be used for D2 use shall not exceed 2787 sq ms.

                            iv.        The building to be used for food retail purposes shall not exceed 3530 sqms net sales area

                             v.        The buildings used for A1 shall not exceed ?? sqms

                            vi.        Max number of residential units shall not exceed 115 units.

 

10)Prior to the first occupation of any building within the site, details and locations of the proposed signage for the footpaths and cycleways within the site directing people to the Town Centre and Railway Station shall be provided to and approved in writing by the Council. These signs shall be installed in accordance with the approved details and within 6 months of the first occupation of any building on site.

 

11)Prior to the removal of the building on Hathaway Retail Park shown for demolition on plan SK28-3 REV F full details of the colour, finish and texture of all new materials to be used on all external surfaces, together with samples of the facing materials and roof treatments have been submitted to and approved in writing by the Local Planning Authority. The development shall not be carried out other than in accordance with the approved details.

 

12)The retail store shall not be occupied until the building on Hathaway retail park shown for demolition has been demolished, all resulting materials and waste removed from the site and the new access provided.

 

13)Prior to the occupation of the food retail unit the new access into the existing northern surface level railway car park shown on Parameters Plan- Movement (SK28-22D) shall have been provided. The access shall thereafter be retained and made available for use by the general public.

 

14)No retained tree as shown on the Tree Survey plan within the Supplementary Arboricultural Report received by the Local Planning Authority on 2 August 2011 shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. All tree works shall be carried out in accordance with BS5837:2005 (Recommendations for Tree Work) and should be carried out before the commencement of any works.

 

15)No development, shall commence unless and until a combined ecological and landscaping management scheme has been submitted to and agreed in writing by the Local Planning Authority. The scheme must include all aspects of environmental enhancements and landscaping and details of species to be planted, timing of works, programme of implementation and future management with monitoring if deemed necessary by the Local Planning Authority. The agreed scheme shall be implemented in the first planting season following the first occupation of the development and shall be thereafter retained.

 

16)No development shall take place until a scheme of highways improvement in accordance with Drawing Numbers IMA 12 066 015 Rev F, IMA 12 066 028 & IMA 12 066 029 including the approval of necessary departures from standard, has been fully implemented and is constructed and open to traffic.

 

17)No building in each plot shall be first occupied until access, loading areas, car and cycle parking serving it have been provided in accordance with the approved plans for that plot and shall be thereafter retained.

 

18)The development hereby permitted in each plot shall not be first occupied until a scheme for the provision of adequate water supplies and fire hydrants, necessary for fire fighting purposes at the site, has been submitted to, and approved in writing by, the Local Planning Authority. The development shall not then be occupied until the scheme has been implemented.

 

19)No development shall take place on any plot of the development, until a Construction Method Statement for that plot has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

                                      i.        the parking of vehicles of site operatives and visitors;

                                    ii.        loading and unloading of plant and materials;

                                   iii.        storage of plant and materials used in constructing the development;

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

                                    v.        wheel cleaning facilities;

                                   vi.        measures to control the emission of dust and dirt during construction;

                                 vii.        a scheme for recycling/disposing of waste resulting from demolition and construction works;

                                viii.        measures to control noise during construction;

                                   ix.        a signage strategy for construction traffic.

 

20)No building hereby permitted shall be occupied until foul and surface water drainage works have been implemented for that building in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, and the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:

                               i.        provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

                              ii.        include a timetable for its implementation; and

                            iii.        provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

21)No external construction works or related deliveries shall take place outside 0700 to 1800 hours on Mondays to Fridays or 0700 to 1300 hours on Saturdays not at any time on Sundays or Bank and National Holidays except in an emergency.

 

22)Development shall not commence on any plot approved under condition 3 of this permission until that plot has been subject to a detailed scheme for investigation and recording of contamination of the land and risks to the development, its future uses and surrounding environment. A detailed written report on the findings including proposals and a programme for the remediation of any contaminated areas and protective measures to be incorporated into the buildings shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include proposals for the disposal of surface water during remediation. The remediation works shall be carried out and a validation report shall be submitted to and approved in writing by the Local Planning Authority in accordance with the approved proposals and programme. If during the course of the development further evidence of any type relating to other contamination is revealed, work at the location will cease until such contamination is investigated and remediation measures, approved in writing by the Local Planning Authority have been implemented.

 

23)Prior to the first occupation of any building on site, other than site clearance and demolition, full details of all site access arrangements shall have been completed in accordance with details, which shall have been submitted to, and approved in writing by the Local Planning Authority beforehand.

 

24)No artificial lighting shall be installed unless full and precise details of the lighting scheme have been submitted to and approved in writing by the Local Planning Authority. This shall include:

                              i.        A statement setting out why a lighting scheme is required, and the frequency and length of use in terms of hours of illumination throughout the year.

                            ii.        A site survey showing the area to be lit relative to the surrounding area, the existing landscape features and proposed landscaping features to mitigate the impacts of the proposed lighting.

                           iii.        Details of the make and catalogue number of any luminaires/floodlights.

                           iv.        Size, type and number of lamps fitted within any luminaire or floodlight.

                            v.        The mounting height of the luminaires/floodlights specified.

                           vi.        The location and orientation of the luminaires/floodlights.

                         vii.        A technical report prepared by either a qualified lighting engineer or the lighting company setting out the type of lights, performance, height and spacing of lighting columns. The light levels to be achieved over the intended area, at the site boundary and for 25 metres outside it.

                        viii.        The lighting shall be constructed and installed in full accordance with the approved details and shall thereafter be maintained in full accordance with the approved details.

 

25)No development of the food retail unit shall take place until full details of all proposed fixed plant installed on the building and/or site (and including all mitigation measures screening) has been submitted to and agreed in writing by the Local Planning Authority.  Such details shall include confirmation that the plant will not exceed -5dB below the lowest background noise level and that noise rating not exceed 37dB when measured at the nearest residential properties.  Development shall be carried out in complete accordance with such details so agreed and shall remain in that condition thereafter.

 

26)Prior to the first use or occupation of the food retail unit development hereby permitted details of the method of managing public access to the whole site outside the hours of opening of the superstore, shall be submitted to and approved in writing, by the local planning authority. The approved management plan shall be implemented prior to the first use of the development hereby permitted and permanently maintained thereafter.

 

27)No development shall commence on the food retail until a scheme to restrict shopping trolleys leaving the site has been submitted to and approved by the Local Planning Authority. The development shall not be first brought into use until the approved scheme has been brought into operation. The approved scheme shall be maintained in operation in accordance with the approved details.

 

28)No development shall take place on the food retail unit until details of secure covered cycle parking for both customers and staff (together with associated changing and shower facilities for staff) have been submitted to and approved in writing by the Local Planning Authority.  These facilities shall be provided in accordance with the approved details and made available for use prior to the first occupation of the development hereby permitted and shall be retained for use at all times thereafter.

 

29)Prior to the first occupation of the food retail unit the highway works, bus stop facilities and on-site pedestrian and cycle routes, including the link to the northern surface level railway station car park, shall be complete and in accordance with those general details shown on plan number SK28-3 REV F and full details of such highways works, which shall have first be submitted to and approved in writing by the local planning authority.

 

30)The food retail store shall not be opened for trade until the site access road and its associated footways, have been provided in accordance with the approved plan number IMA 12 066 015 Rev F.

 

31)The food retail store shall not be opened for trade until the car park circulatory aisles, the car parking spaces, the disabled spaces and the parent and child spaces have been provided, surfaced and marked out in accordance with the a parking plan that shall be submitted to and approved in writing by the Local Planning Authority. These vehicle parking spaces shall thereafter be retained at all times for their designated users.

 

32)The food retail store shall not be opened for trade until the store service road and its associated service yard have been provided in accordance with details to be submitted to and approved in writing with the Local Planning Authority.

 

33)Unless otherwise agreed in writing, at no time shall the service yard of the food retail unit be used for outside storage or any other purpose other the parking and manoeuvring of delivery lorries.

 

34)Unless otherwise agreed in the form of a separate planning permission in that regard, at no time shall the food retail unit hereby permitted be subdivided into a larger number of units.

 

35)The gross internal floor space of the food retail store hereby permitted shall not exceed 8800 square metres. The net retail sales area (defined by the National Retail Planning Forum, and reproduced in Appendix A of the PPS4 Practice Guide 2009) to be used for the sale of convenience goods at the food retail store shall not exceed 3530 square metres. There shall be no sale of comparison goods.

 

36)The unit hereby approved shall be used for food retail purposes only and for no otherpurpose of the schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order (without modification).

 

37)The non food retail development forming plot ‘Non Food Retail’ as identified on plan number SK28-20 REV D  shall not be subdivided so as to result in any retail units less than 929sqm

 

38)The non food retail development forming plot ‘Non Food Retail’ as identified on plan number SK28-20 REV D shall not be used other than for the sale of DIY/hardware items; garden products and plants; furniture; carpets and other floor coverings; electrical and gas goods; pets and pet products; camping equipment and goods that are ancillary and related to the main goods sold, provided that the ancillary goods comprise no more than 10% of the net sales floorspace of the individual unit and for no other purpose (including any other purpose in Class A1 of the Schedule of the Town and Country Planning  (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order without modification), unless the local planning authority gives written consent to any variation.

 

39)The introduction of mezzanine floors shall not be permitted without the prior written approval of the local planning authority.

 

40) The non food retail development forming plot ‘Non Food Retail’ as identified on plan number SK28-20 REV D,to which this planning permission relates, shall not be implemented if any part of the development for which planning permission was granted pursuant to planning application reference no N/10/04067/OUT is begun.

 

41)The residential development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

42)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting or modifying that Order), no windows or dormer windows, other than those expressly authorised by the reserved matters application, shall be constructed within the roofs of the dwellings hereby approved.

 

43)Prior to the occupation of any dwellings on the site, access for pedestrian and cycle users between the site and Tugela Road and Hawthorn Road shall be provided in accordance with details which shall first have been submitted to and approved by the local planning authority. The details for Hawthorn Road shall include for the provision of a vehicle turning facility at the end of the existing road, and shall show measures to restrict movement of motorised vehicles to or from the development site. The works shall be undertaken in accordance with the approved details.

 

44)The detailed design of the permitted foodstore shall make provision to accommodate a landing platform for a bridge for non motorised users crossing between the site and the south side of the railway. The design shall identify the route which potential future users of the bridge may use as a right of way between the prospectively maintainable highway and the bridge.

 

In respect of 13/01856/CAC:

 

To DELEGATE to the Area Development Manager to grant Conservation Area Consent subject to the completion of a Section 106 agreement.