Agenda item

13/03987/FUL - 249/250 Winsley Road, Bradford on Avon

A site visit had been arranged for Members of the Committee. Details of the site visit have been sent separately.

Minutes:

Public Participation

Andy Green spoke in objection to the application.

 

The Planning Officer outlined the report which recommended the application for approval subject to planning conditions and a S106 agreement for contributions to Education and Open Space. The site description and an overview of the proposed development were also given noting that the site levels had been amended.

 

The Area Development Manager outlined the relevant planning policy. 116 letters of objection had been received which were outlined in the report. The Area Development manager drew attention to the relevant planning considerations.

 

Members were invited to ask technical questions about the site.

 

Members of the public were invited to speak on the application as listed above.

 

Cllr Rosemary Brown as local member spoke in objection noting that the site visit had been a worthwhile exercise. The main points raised included: Issues around access, pedestrian safety, the amended site levels, light pollution, ecological survey and the density of the number of houses. A statement from a local teacher was also read highlighting similar concerns.

 

The debate focused on the density of the number of houses and concerns with parked cars on the road side which would reduce motorists’ visibility when exiting the development. A motion for refusal was not accepted by the committee. A new motion was to move the officer’s recommendation with additional conditions was proposed. The new conditions included a construction management plan where deliveries would not be allowed from 8am to 9am and 2.45pm to 3.45pm. It was noted that on street parking restrictions would not be able to be imposed by a planning application but this could be examined separately as a highway matter if problems arose. At the end of the debate it was;

 

Resolved

 

To delegate to the Area Development Manager to grant permission, subject to the prior completion of a Section 106 legal agreement in relation to the following matters:-

 

  • Delivery of contributions towards education costs of a total of £76,449.
  • Delivery of contributions towards the cost of offsite play and open space provision at a total cost of £11,175

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

 

7752-1D Site layout

7752-12A Street view

7752-3a House Type B

7752-4a - House Type C

7752-12 - House Type D

7752-6B - House Type E1

7752-7C - House type E2

7752-8A House type E3

 

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

 

3

No development shall commence on site until all the existing buildings on site have been permanently demolished and all of the demolition materials and debris resulting there from has been removed from the site.

 

REASON:  In the interests of the character and appearance of the area [and neighbouring amenities].

 

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3

No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

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

 

No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

 

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

b) finished levels and contours;

c) means of enclosure;

d) car park layouts;

e) other vehicle and pedestrian access and circulation areas;

f) all hard and soft surfacing materials;

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

 

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

 

All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

(In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the date of this permission).

 

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, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, 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 have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

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

 

Notwithstanding the visibility splays indicated on the approved plan Ref 7752-1D – Site Layout), no development shall commence on site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4m metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 41m metres to the west and 49m metres to the east from the centre of the access. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 300mm above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

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), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

 

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

 

No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)", have been submitted to and approved in writing by the Local Planning Authority.  The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

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

 

No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), 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.

 

No development shall commence within the area indicated [Site Location Plan: received 11 April 2014] 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.

 

Prior to the commencement of development a report including an ecological site survey and details of all necessary mitigation measures shall be submitted to the local planning authority for written approval. The works thereafter will be completed in accordance with the recommendations and timescales of the approved report.

 

Reason: In the interests of ecological protection.

 

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

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

b)    loading and unloading of plant and materials;

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

d)    wheel washing facilities;

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

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

g)    hours of construction, including deliveries (no delivery vehicles shall access or egress from the site between 8:00 and 9:00am and 2:45 and 3:45pm Monday to Friday);

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.

 

 

 

INFORMATIVES

 

INFORMATIVE TO APPLICANT:

The applicant should note that under the terms of the Wildlife and Countryside Act 1981 and Countryside and Rights of Way Act 2000, it is an offence to disturb nesting birds or roosting bats.  You should note that the work hereby granted consent does not override the statutory protection afforded to these species and you are advised to seek expert advice if you suspect that the demolition would disturb any protected species. For further advice, please contact the district ecologist at Wiltshire Council.

 

INFORMATIVE TO APPLICANT

 

Water Supply and Waste Connections

 

New water supply and waste water connections will be required from Wessex water to serve this proposed development. Application forms and guidance information is available from the Developer Services web-pages at our website www.wessexwater.co.uk.

 

Please note that DEFRA intend to implement new regulations that will require the adoption of all new private sewers. All connections subject to these new regulations will require a signed adoption agreement with Wessex Water before any drainage works commence.

 

Further information can be obtained from our New Connections Team by telephoning 01225 526222 for Water

Supply and 01225 526333 for Waste Water.

 

S105a Public Sewers

 

On 1st October 2011, in accordance with the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, Wessex Water became responsible for the ownership and maintenance of thousands of kilometres of formerly private sewers and lateral drains (section 105a sewers). At the date of transfer many of these sewers are unrecorded on public sewer maps. These sewers can be located within property boundaries at the rear or side of any premises in addition to the existing public sewers shown on our record plans. They will commonly be affected by development proposals and we normally advise applicants to survey and plot these sewers on plans submitted for Planning or Building Regulations purposes.

 

More information relating to this transfer can be found on our website. It is important to undertake a full survey of the site and surrounding land to determine the local drainage arrangements and to contact our sewer protection team on 01225 526333 at an early stage if you suspect that a section 105a sewer may be affected.

 

INFORMATIVE:

 

This permission shall be read in conjunction with an agreement made under S106 of the Town and Country Planning Act, 1990.

 

Supporting documents: