Agenda item

Public Participation

Mr Paul Joliffe, Neil Pearson Associates, spoke in support of the application.

Mr Chris Miles, FMW Consultancy, spoke in support of the application.

 

The Senior Planning Officer presented a report which recommended the application be delegated to the Area Development Manager to grant permission subject to the completion of a section 106 legal agreement. Key issues were stated to include the visual, highways and environmental impact, and impact on residential amenity.

 

Members of the Committee then had the opportunity to ask technical questions of the officers. It was confirmed that although the site lay close to the railway line, there were no plans to move materials on or off site by rail in the future. Details were sought on the noise barrier than was to be installed for the protection of residential amenity with some concerns of intrusiveness, and it was confirmed this would be up to 6m high and any cladding could be covered by a condition. Clarity was also sought on the robustness of conditions restricting hours of operation, and whether these could be strengthened further.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The Local Member, Councillor Phillip Whalley, then spoke in objection to the application, highlighting traffic concerns and the scale of vehicles still permitted down narrow C roads even with a traffic order in place.

 

A debate followed, where the noise barrier’s proximity to a residential caravan site was raised, and whether the landscaping to shield this was sufficient to offset concerns about its impact on residential amenity. The potential impact of the site in operation as a waste transfer station was assessed, along with the impact on the road network, and the need to clarify that loading and unloading from vehicles, even when not in motion, should be included as prohibited works during the suggested hours of no operation.

At the end of debate, it was,

 

Resolved:

 

To delegate to the Area Development Manager to grant planning permission, subject to the prior completion of a Section 106 legal agreement to secure the highway matters outlined in section 9.5 in the report (i.e. improvements to C159 and provision of TRO), 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, unless otherwise required by conditions contained within this schedule:

           

Plan Ref:       VL.2012/60/11 Rev. B - Site Layout Plan, dated 6 November 2013.

Plan Ref:       VL.2012/60/12 - Proposed Buildings - Plans, dated June 2013.

Plan Ref:       VL.2012/60/13 - Proposed Buildings - Elevations, dated June 2013.

Plan Ref:       NPA 10589 301 Rev. P4 - General Arrangement, dated 25 June                            2013.

Plan Ref:       VL.2012/60/20 – Site Functions Plan, dated April 2014.

 

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

 

3.         No development shall commence on site until full detail of the improvements to the C159 have been submitted to and approved in writing by the Local Planning Authority. The scheme shall provide for the provision of passing bays and installation of traffic priority road markings and signage. Those improvements shall be completed in accordance with the approved details before the development hereby permitted is commenced and shall be maintained throughout the duration of the development.

 

REASON:      In the interests of highway safety and to ensure that adequate highway capacity is available to accommodate the additional traffic generation by the proposed development.

 

4.         Prior to the commencement of any other part of the development the new access to the site shall have been completed in accordance with the detailed plans to be approved by the Local Planning Authority.  There shall be no other access to the site other than from the approved access. Access to the land to the east of the approved site (the blue edged land) shall be provided only via the new site access road.

 

REASON:      In the interests of highway safety.

 

5.         Notwithstanding the proposed access details shown on the submitted drawings, any gates to the site shall be set back from the new carriageway edge by a minimum distance of 18 metres, and shall be designed to not open towards the highway.

 

REASON:      In the interest of highway safety, and to accommodate the longest lorries likely to visit the site clear of the carriageway.

 

6.         The site access road, car parking areas and yard servicing areas shall be completed in accordance with details which shall first have been submitted to and approved by the Local Planning Authority prior to the development being brought into beneficial use.

 

REASON:      To ensure that traffic using the site access does not prejudice the safety of highway users by way of muck being dragged off the site.

 

7.         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 2.4 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 160 metres to the west and 160 metres to the east from the centre of the access in accordance with detailed plans to be submitted to and approved by the local planning authority. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 600mm above the level of the adjacent carriageway.

 

REASON:      In the interests of highway safety.

 

8.         No development shall commence on site until a Green Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. 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.

 

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

 

9.         No development shall commence on, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters:

 

-        the anticipated number, frequency and types of vehicles to be used during construction;

-        the means of access to and from the site and routing of vehicles during construction;

-        the parking of vehicles by site operatives and visitors clear of the highway,

-        the loading and unloading of plant, materials and waste clear of the highway,

-        the storage of plant and materials used in construction of the development clear of the highway and trees;

-        the erection and maintenance of security hoarding clear of the highway;

-        the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway;

-        measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security clear of the highway;

-        details of public engagement both prior to and during construction works;

-        A traffic management plan for the public highway;

-        Details of advance warning signage (highway and/or otherwise);

 

The approved Plan shall be implemented and adhered to throughout the entire construction period.

 

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.

 

10.       No development shall commence on site until details and samples of the materials to be used for the external walls and roofs of buildings and the acoustic wall 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.

 

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

 

-        indications of all existing trees and hedgerows on the land;

-        details of any to be retained, together with measures for their protection in the course of development;

-        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;

-        finished levels and contours of the land;

-        means of enclosure;

-        car parking layouts;

-        other vehicle and pedestrian access and circulation areas;

-        hard surfacing materials;

-        biodiversity enhancement proposals

-        minor artefacts and structures (e.g. refuse and other storage units, signs, lighting etc);

 

All hard and soft landscape works shall be carried out in accordance with the approved details and shall be completed prior to the occupation of any part of the development or in accordance with a programme agreed in writing by the Local Planning Authority. 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.

 

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

 

12.       No development shall commence on site until an Ecological Management Plan for the post-construction management of all habitats within the site has been submitted to and approved in writing by the Local Planning Authority.  The Plan shall be implemented as approved.

 

REASON:      In order to ensure that appropriate measures are taken to protect wildlife and promote biodiversity and to safeguard the special character of the area.

 

13.       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 prevent the increased risk of flooding and prevent pollution of the water environment.

 

14.       No development approved by this planning permission shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

 

[1]       A preliminary risk assessment which has identified:

 

a)         all previous uses;

b)        potential contaminants associated with those uses;

c)         a conceptual model of the site indicating sources, pathways and receptors;

d)        potentially unacceptable risks arising from contamination at the site.

 

[2]       A site investigation scheme, based on [1] to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

[3]       The results of the site investigation and detailed risk assessment referred to in [2] and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

[4]       A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in [3] are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented as approved.

 

REASON:      To protect controlled waters from pollution by contaminants (due to past site uses as a railway yard) mobilised by construction.

 

15.       If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted and obtained written approval from the Local Planning Authority for an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

 

REASON:      To prevent pollution of the water environment.

 

16.       The development shall only be carried out in accordance with the Ecological Mitigation Strategy by Nicholas Pearson Associates, entitled 'Proposed Metal Salvaging, Recycling and Waste Facility at Thingley Junction, Chippenham - Mitigation Strategy' and dated July 2013.

 

REASON:      In order to ensure that appropriate measures are taken to protect wildlife and promote biodiversity and to safeguard the special character of the area.

 

17.       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 have been submitted to and approved in writing by the Local Planning Authority.  The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

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

 

18.       No operations shall take place on the site, including the movement and loading and unloading of vehicles within the site, except between the hours of:

 

07:00 - 18:00 Monday to Friday

07:00 - 14:00 Saturdays

 

No operations, including the movement of vehicles, shall be carried out at any time on Sundays, Bank or Public Holidays.

 

REASON:     In the interests of highway safety and amenity.

 

19.       The total number of HGV vehicle movements associated with the development hereby permitted shall not exceed the following limits:

 

            30 movements [15 in and 15 out] per day Monday to Friday

            16 movements [8 in and 8 out] per day Saturdays

 

            No HGV movements shall take place outside the hours of operation stated in condition 18 of this permission.

 

REASON:      To secure the level of traffic assessed as acceptable in the Transport Statement and to reduce the potential for disturbance caused by vehicular movements.

 

20.       A written record shall be maintained at the site office of all movements in and out of the site by HGVs.  Such records shall contain the vehicle’s registration and operating company’s identity and time/date of movement.  The records shall be made available for inspection by the Local Planning Authority on request and retained for a duration of not less than three months.

 

REASON:      To enable the Local Planning Authority to monitor the operations and ensure vehicle movements do not exceed that stated in condition 19.

 

21.       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. Associated pipe work should be above ground and protected from accidental damage.  All filling points and tank overflow pipe outlets should be detailed to discharge into the bund.  Such facilities shall be constructed and completed in strict accordance with plans approved by the Waste Planning Authority prior to the first use of the development.

 

REASON:      To prevent pollution of the water environment.

 

INFORMATIVE

 

The applicant is reminded that no vehicles with a maximum gross weight of more than 7.5 tonnes are permitted to gain access to or egress from the site along the section of C159 between the site entrance and the A350 at Notton.  Movements of vehicles to/from the site may be monitored by the Council without prior warning.