Agenda item

A report by the Case Officer is attached.

The following person spoke against the proposal:

 

Mr Godfrey Marks, representing Bradford Preservation Trust

 

The following people spoke in favour of the proposal:

 

Mr Chris Beaver, the applicant’s agent

Mr David Maude, a local resident

Cllr John Potter, Mayor of Bradford on Avon

 

The Committee received a presentation by the Area Development Manager which set out the main issues in respect of the application. He introduced the report which recommended that planning permission be granted subject to the satisfactory completion of a legal agreement and conditions.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

Members then heard the views of Cllr Magnus Macdonald, a local Member who was attending on behalf of Cllr Rosemary Brown, the local Member, both of whom welcomed and fully supported the application, stating that it was crucial to the future of Bradford on Avon. 

 

After discussion,

 

Resolved:

 

To delegate authority to the Area Development Manager to grant planning permission subject to a legal agreement to secure the following:

 

i)            30% Affordable Housing to be provided on site.

 

ii)            A financial contribution towards the provision of secondary school places totalling £498,030 which would be index linked.

 

iii)          A financial contribution towards the provision of primary school places totalling £470,381 which would be index linked.

 

iv)          A financial contribution towards the provision of affordable childcare totalling £161,530 which would be indexed linked.

 

v)            A financial contribution towards the provision of GP surgery facilities totalling £53,750 which would be indexed linked.

 

vi)          A financial contribution towards Phase 3 of the Bradford on Avon Historic Core Zone works totalling £155,000 which would be indexed linked (in the event that this works does not occur monies will be made available to bus service enhancements to serve the development site).

 

vii)         A financial contribution towards the cost of making Traffic Regulation Orders relating to waiting, speed limits, weight limit and temporary closure of Cemetery Lane totalling £15,000 which would be indexed linked.

 

viii)     A financial contribution towards the monitoring of the Travel Plans for the Development totalling £5,000 which would be indexed linked.

 

ix)          A financial contribution towards the outdoor leisure facilities at Culver Close / Victory Field totalling £30,907 which would be indexed linked.

 

x)           A financial contribution towards the expansion of Bradford on Avon cemetery totalling £3,750 which would be indexed linked.

 

xi)          A financial contribution towards monitoring, improving and mitigating air quality issues within the Bradford on Avon Air Quality Management Area totalling £20,000 which would be indexed linked.

 

xii)         The practical completion of the new Anthony Best Dynamics factory and the relocation of the business onto the development before the first occupation of the 50th open market dwelling.

 

xiii)       The practical completion of phase 1 of the ‘work-hub’ development before the first occupation of the 80th open market dwelling.

 

xiv)       The provision of circa 1.5 hectares of public open space on site (including equipped play areas),  with payment of a commuted sum towards its initial management if the Council is requested to adopt it.

 

xv)        The provision of private allotments.

 

xvi)     The provision of a series of highway improvement works including widening of pedestrian facilities from the site to the junction of Wooley Street/Silver Street; provision of a new roundabout; provision of a new access to the employment area with realignment to highways; and dedicated pedestrian crossings and refuges on Holt Road.

 

 

And subject to the following planning 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 the housing development until details and samples of the materials to be used for the external walls and roofs of the housing development 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       No development shall commence on the employment development until details and samples of the materials to be used for the external walls and roofs of the employment development 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 shall commence on the allotment development until details and samples of the materials to be used for the external walls and roofs of the communal barn 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       No development shall commence on the respective employment or housing sites until a scheme of hard and soft landscaping has been submitted to and approved in writing for those sites by the Local Planning Authority, the details of which shall include for each:-

 

          - 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); and

       - retained historic landscape features and proposed restoration, where relevant.

 

          REASON: To ensure a satisfactory landscaped setting for the development and to protected and enhance biodiversity interests.

 

6       No development shall commence on site until a scheme of phasing programme for the development and associated landscaping has been submitted to and approved in writing by the Local Planning Authority. 

 

          REASON: To ensure the development is phased so as to minimise any harm during the construction period and that a satisfactory landscape setting is created and to protect and enhance biodiversity interests.

 

7       All soft landscaping contained in the approved details of landscaping shall be carried out in accordance with the approved phasing programme required by condition 4.

 

          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 to protected and enhance biodiversity interests.

 

8       No building shall be first occupied until a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas, (other than small, privately owned, domestic gardens, but for the avoidance of doubt including the allotments) has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out in accordance with the approved details.

 

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

 

9       No development shall commence on site until a habitat and ecological management plan has been submitted to and approved in writing by the Local Planning Authority. This shall include:

          * a set of detailed objectives;

          * a drawing showing the locations of habitat features of importance for bats;

          *a requirement for those with landscape management responsibilities to ensure bat habitat features are retained and enhanced through appropriate management for the lifetime of the development;

          * a programme of management works including annual and less frequent works required to maintain the bat habitat features in good condition.

          * details of monitoring for compliance against the plan objectives.

 

          The habitat and ecological management plan shall be carried out in accordance with the approved details.

 

          REASON: In the interests of preserving and enhancing biodiversity and protected species.

 

 

10     Notwithstanding the hereby approved plans, no development shall commence on site until details of the design, external appearance and decorative finish of all railings, fences, gates, walls, bollards and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved phasing programme required by condition 4.

 

          REASON:  In the interests of visual amenity and the character and appearance of the area.

 

11     No development shall commence on those parts of the site within the root protection areas/canopies of protected and retained trees until a full 'No-Dig' specification for works within these areas has been submitted and approved in writing by, the Local Planning Authority. The construction of the surface shall be carried out in accordance with approved details and thereafter retained.

 

          REASON: In order to protect trees on and adjacent to the site which are to be retained with surfacing placed near to or over the trees root system.

 

12     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 windows, doors or other form of openings other than those shown on the approved plans, shall be inserted in the:

          -             east elevation of plot 11;

          -             north elevation of plot 67; and

          -             north elevation first floor of plot 133.

 

          REASON:  In the interests of residential amenity and privacy.

 

13     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 garages hereby permitted shall not be converted to habitable accommodation.

 

          REASON:  To secure the retention of adequate parking provision, in the interests of highway safety.

 

14     No development of the proposed impermeable parking areas and hardstandings shall commence on site until details of surface water drainage from these areas, including oil interceptors has been submitted and approved by the Local Planning Authority. The areas/hardstandings shall not be first brought into use until the oil interceptors have been installed in accordance with the approved details. Thereafter the oil interceptors shall be retained in accordance with the approved details. Roof water shall not pass through the interceptors.

 

          REASON: To minimise the risk of pollution of the water environment.

 

15     No development shall commence on site until the final scheme for the discharge of foul water from the site, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

 

          REASON: To ensure that the development can be adequately drained, minimise the risk of pollution and minimise the risk of flooding on the site and downstream.

 

16     Any facilities above ground for the storage of oils, fuels or chemicals shall be sited on an impervious base and surrounded by impervious walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bund. The associated development shall not be first occupied until such facilities have been constructed and completed in strict accordance with plans approved by the Local Planning Authority.

 

          REASON: To prevent pollution of the water environment

 

17     No development shall commence 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 in writing by the Local Planning Authority; and

          b) The approved programme of archaeological work has been carried out in accordance with the approved details.

 

          Furthermore the development shall be carried out in accordance with the ‘Method Statement for Landscape Construction Works within Area of Archaeological Interest’ by McGregor Smith received on 20 December 2013.

 

          REASON: To protect archaeological interest and to enable the recording of any matters of archaeological interest.

 

18     No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme shall be maintained and managed after completion.

 

          REASON: To ensure that the development can be adequately drained, minimise the risk of pollution and minimise the risk of flooding on the site and downstream.

 

19     No development approved by this permission shall be commenced until a Construction Environmental Management Plan, incorporating:

 

          - a working method statement for road construction detailing how the works will be controlled;

       - details of how bat monitoring and vibration monitoring will be used during construction to avoid harm to bats and instability in the mine;

       - position, design and timescale for protective fencing which will be erected to exclude construction machinery from land above Coombe Mine;

       - working restrictions to minimise impacts on bat movement at night;

          - pollution prevention measures,

 

          has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

 

          REASON: In order to protect the natural environment.

 

20     All fixed plant and machinery shall be so sited and designed in order to achieve a Rating Level of -5dB below the lowest measured background noise level, determined at the nearest noise sensitive receptor. Measurements and assessment shall be carried out in accordance with BS4142:1997.

 

          REASON: In order to safeguard the amenities of the area in which the development is located.

 

21     The working hours during the construction phase shall be limited to:

          Monday – Friday:                  0800 - 1800

          Saturdays:                              0830 – 1300

          Sundays/Public Holidays: None

 

          REASON: In order to safeguard the amenities of the area in which the development is located.

 

22     Vehicle deliveries shall be limited to:-

          Monday – Friday:                  0800 – 1800

          Saturdays:                              0900 – 1300

          Sundays/Public Holidays:  None

 

          REASON: In order to safeguard the amenities of the area in which the development is located.

 

23     No development shall commence until a final external lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include plans showing all public, private domestic and private commercial external lighting. The scheme shall detail the type of light appliance, the height and position of fitting, illumination levels and light spillage. The scheme shall achieve Environmental Zone Category E2 levels or less, complying with guidance issued by the Institution of Lighting Engineers. Furthermore the scheme shall be designed specifically to achieve light levels that avoid harm as far as reasonably practical to bats by complying with the lux plot contained in scheduled additional information “eg12492: Further Information to Inform a HRA” and scheduled drawing “0066-1300-004 Rev A”; and reducing light levels towards 1 lux near trees along the sites northern boundary. The scheme shall include details of when lanterns will be switched off at night.

 

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

 

24     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 and any adjacent sites for at least the last 100 years and a description of the current condition of the sites 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 and the potential impact of any adjacent sites.

 

          Step (ii) If the above report indicates that contamination may be present on, under or potentially affecting the proposed development site from adjacent land, or if evidence of contamination is found, a more detailed site investigation and risk assessment should 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 must be 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.

 

25     No development shall commence until a scheme of public art, including a timetable for delivery, has been submitted to and approved in writing by the Local Planning Authority. The public art shall be provided in accordance with the agreed timetable.

 

          REASON: In the interest of public amenity and appearance of the development.

 

26     No development shall commence until details of bat and bird boxes (including those integrated into the fabric of the built environment), including a plan to show their location have been submitted to and approved in writing by the Local Planning Authority. These shall subsequently be installed before any dwelling is first occupied.

 

          REASON: In order to preserve and enhance biodiversity interests.

 

27     No part of the development shall be first occupied until the entrance of Combe Mine county wildlife site has been fitted with a protective metal grill to prevent public access.

 

          REASON: In order to minimise potential disturbance to protected species and their habitat.

 

28     No tree will be felled or pruned unless it has been assessed by a professional ecologist for risks to bats within the previous 12 months and the works are undertaken following the advice of the ecologist.

 

          REASON: In the interests of protected species.

 

29     No hedgerow or tree removal will be undertaken on the site until advanced planting works are completed in accordance the approved phasing programme required by condition 4.

 

          REASON: In the interests of protected species.

 

30     Notwithstanding the details submitted, no development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. No part of development shall be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture that serve that part of the development have all been constructed and laid out in accordance with the approved details, unless an alternative programming arrangement is agreed in the approved details.

 

          REASON: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

31     The roads, including footpaths and turning spaces, shall be constructedso 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.

 

32     The Class B1 and B2 development hereby approved shall not be first brought into use until that part of the service road which provides access to it has been constructed, and all parking and manoeuvring spaces have been completed in accordance with the approved plans. The parking and manoeuvring spaces shall only be used for the purpose of parking and manoeuvring at all times.

 

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

 

33     No Class B1 or B2 development shall commence on site until details of secure covered cycle parking and changing and shower facilities have been submitted to and approved in writing by the Local Planning Authority.  The spaces, and changing and showering facilities, shall be made available for use prior to the first occupation of the development hereby permitted and shall be retained for use at all times thereafter.

 

          REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car.

 

34     No building shall be occupied on the respective parts of the site (employment/residential) until a Green Travel Plan for the respective part of the site has been submitted to and approved in writing by the Local Planning Authority. The Residential Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The employment use Travel Plan shall identify measures that are disincentives for employee travel as single car occupants. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results. The travel plans shall each have a minimum period of operation of 6 years from the date of first occupation of the respective land uses.

 

          REASON: In the interests of road safety and reducing vehicular traffic to the development.

 

35     Before the development hereby permitted is commenced, a Construction Traffic Management Plan shall be submitted to and approved in writing by the local planning authority. The Plan shall identify what routes are to be used by construction lorries and vans to serve the site, how the construction traffic will avoid adding to congestion in Bradford on Avon and Holt, what arrangements will be put in place to ensure exiting lorries and vans do no cause mud and other deleterious materials being deposited on the local roads

 

          REASON: In order to ensure that existing highway users are not unduly inconvenienced degree by development related construction traffic

 

36     The access to the designated allotments shall be limited to maintenance and service vehicles only.

 

          REASON: In order to define the terms of this permission and highway safety.

 

37     The 25 parking spaces opposite residential units 68-80 within the work-hub employment area shall be made available for public parking at weekends, bank holidays and from 18.00 to 07.00 hrs (the next day) on all other days.

 

          REASON: In order to alleviate on-street parking demand and make an efficient use of the development’s off-street parking provision.

 

38     No development shall commence until detail of new bus stop positions and facilities within the vicinity of the site have been submitted to and approved in writing by the Local Planning Authority. Those details shall include an agreed timetable for the works.

 

          REASON: In order to improve sustainable transport options for those living and/or working at the development without prejudice to existing residents and workers.

 

39     The development hereby permitted shall be carried out in accordance with the following approved plans listed in schedule

 

          Submission Document Schedule: Issue no.10 – 28/01/2014 by Planning Sphere

 

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

 

Informative(s):

 

1       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.

 

2       There are ordinary watercourses either within or in close proximity to the site. If you intend to obstruct the flow in the watercourse (permanently or temporarily, including culverting) you will require prior Land Drainage Consent from Wiltshire Council as the Lead Local Flood Authority. You are advised to contact the Drainage Team to discuss their requirements:-

http://www.wiltshire.gov.uk/communityandliving/civilemergencies/drainage/drainageordinarywatercourseconsent.htm

 

3       Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover:

          - the use of plant and machinery

          - oils/chemicals and materials

          - the use and routing of heavy plant and vehicles, including wheel-wash

          - the location and form of work and storage areas and compounds

          - the control and removal of spoil and wastes.

 

          The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at:

          http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx.

 

4       The archaeology work should be conducted by a professional archaeological contractor and there will be a financial implication for the applicant.

 

5       It should be noted that the new Part L Clause 25 of the 2013 Building Regulations may require documentation of a low carbon/centralised energy strategy approved by the local authority.

 

6       The developer is encouraged to consider the installation of sprinkler systems within the development in the interests of fire safety.

 

7       The applicant is advised that erection of a grille across the entrance of Coombe Mine is likely to require a licence from Natural England.

 

8       Within the submission of landscaping condition discharge the following matters will be expressly addressed:

 

          * details of a planting scheme along northern boundary of the site and timescale for its implementation which is necessary to provide a commuting route for bats as soon as possible during the construction programme;

          * details of planting that will be undertaken around the entrance to Coombe Mine to provide visual screening; and

          * planting plans will demonstrate how dark bridges will be created to encourage bats to cross new roads.