Agenda item

14/05980/FUL - Fairview House, Gypsy Lane, Warminster

Minutes:

Public Participation

Mr Michael Knight spoke in objection to the application.

Mr Martin Somervell MBE spoke in objection to the application.

Rev Denis Brett spoke in objection to the application.

Mr Paul Walsh spoke in support of the application.

Cllr Sue Fraser spoke on behalf of Warminster Town Council in objection to the application.

 

The Senior Planning Officer outlined the report which recommended the application for approval subject to conditions. Key issues were stated to include the principle of the development, and impacts upon the character and appearance on the area and local amenity. A committee site visit took place prior to the meeting.

 

Members of the Committee then had the opportunity to ask technical questions of the officer, where it was confirmed that as Fairview House was not a Listed Building, the process for demolition was simpler than would otherwise be the case.

 

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

 

The local Unitary Member, Councillor Andrew Davis, then spoke in objection to the application.

 

A debate followed, where the potential loss of amenity and extent of any overlooking was assessed within the context of the site and local area was discussed, along with restriction of working hours during construction and details regarding affordable homes provision, in the event permission was approved.

 

At the conclusion of debate, it was

 

Resolved

 

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

 

a)    4 units of affordable housing

b)   A financial contribution of £16,700 towards public open space;

c)    A financial contribution of £4,501 towards swimming pools and/or upgrades to boathouse in Warminster Park;

d)   A financial contribution of £5,158 towards sports halls; and

e)    A financial contribution of £1,320 towards the Wessex Stone Curlew Project; and, that permission be 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 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 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)     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;

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

c)     the finished levels and contours;

d)     the means of enclosure;

e)     car park layouts;

f)       other vehicle and pedestrian access and circulation areas;

g)     all hard and soft surfacing materials;

h)     minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc); and,

i)       all 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.

 

4

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.

 

5

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 first occupation or the completion of the development, whichever is the later].

 

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity and ecology.

 

6

No development shall commence on site until details of the screen fences to be located on the western boundary of the site have been submitted to and approved in writing by the Local Planning Authority.  The screen fences shall be erected in accordance with the approved details prior to the occupation of the dwellings hereby permitted and shall be retained and maintained as such at all times thereafter.

 

REASON: To prevent unacceptable overlooking & loss of privacy to neighbouring property.

 

7

The development hereby permitted shall not be first occupied until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

8

No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

9

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 to, or extensions or enlargements of 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 enlargements.

 

10

The development hereby approved shall not be first occupied until the refuse and recycling facilities shown on the approved plans have been provided and made available for use. These facilities shall be maintained in accordance with the approved details thereafter.

 

REASON: To ensure the provision of satisfactory facilities for the storage of refuse and recycling.

 

11

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 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

The development hereby approved shall be carried out in accordance with the recommendations made in Section 6 of the Nocturnal Emergence and Dawn Re-Entry Bat Surveys report (no. RT-MME-117290-01) dated August 2014 and Sections 6.2 and 6.3 of the Preliminary Ecological Appraisal report (no. RT-MME-116887-01) dated June 2014 both prepared by Middlemarch Environmental, unless otherwise agreed in writing with the local planning authority.

 

REASON: to ensure adequate protection and mitigation for protected species / priority species / priority habitats.

 

13

Bat boxes erected in suitable trees shall be at a minimum height of 4 metres from the ground.

 

REASON: to ensure adequate installation of bat boxes, as an enhancement for biodiversity

 

14

Prior to the commencement of any works associated with the development hereby approved, an Amphibian and Reptile Method Statement for site clearance and a Reptile and Amphibian Mitigation Strategy shall be submitted to the local planning authority for approval by the Council Ecologist. The approved method statement and mitigation strategy shall be implemented in full.

 

REASON: To ensure protection of priority and protected species.

 

15

Prior to the commencement of works associated with the development hereby approved, details of the replacement trees (10 trees) on the southern boundary, including species and container sizes, shall be submitted to the local planning authority for approval. Trees shall be of British origin and local provenance. The tree replacement planting shall be carried out in accordance with the approved details within 12 months of the completion of the development.

 

REASON: to ensure mitigation for loss of trees along the southern boundary, which is used by foraging/commuting bats.

 

16

Prior to the commencement of any works associated with the development hereby approved, details of the mitigation for house sparrows shall be submitted to the local planning authority for approval by the Council Ecologist. The approved details shall be implemented in full before the dwellings hereby approved are occupied.

 

REASON: to provide mitigation for the loss of nesting sites of a priority species, the House sparrow.

 

17

No development shall commence on site until details of the proposed ground floor slab levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels details.

 

REASON: In the interests of visual amenity.

 

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19

No development shall commence on site (including any works ofdemolition), 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)                           the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)                           wheel washing facilities;

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

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

h)                           measures for the protection of the natural environment.

i)                             hours of construction, including deliveries;

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.

 

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

 

3732/001 Rev H Site Plan and Location Plan, received 21 October 2014

3732/002 Rev B Plots 1 and 2 Plans and Elevations, received 21 October 2014

3732/003 Rev C Plots 1 and 2 Plans and Elevations, received 21 October 2014

3732/004 Rev C Plots 3 to 8 Plans and Elevations received 21 October 2014

3732/005 Rev B Plots 9 to 12 Plans and Elevations, received 21 October 2014

516/7343/1 Topographical Survey, received 18 June 2014

 

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

 

 

 

INFORMATIVE: Many species of bat depend on buildings for roosting, with each having its own preferred type of roost. Most species roost in crevices such as under ridge tiles, behind roofing felt or in cavity walls and are therefore not often seen in the roof space. Bat roosts are protected even when bats are temporarily absent because, being creatures of habit, they usually return to the same roost site every year. Bats are protected under The Conservation of Habitats and Species Regulations 2010 (as amended), which implements the EC Directive 92/43/EEC in the United Kingdom, and the Wildlife and Countryside Act 1981 (as amended). Please be advised that, if bats are discovered, all works should stop immediately and Natural England should be contacted for advice on any special precautions before continuing (including the need for a derogation licence).

 

 

INFORMATIVE: 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 of their 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 the Wessex Water New Connections Team by telephoning 01225 526222 for Water Supply and 01225 526333 for Waste Water.

 

 

INFORMATIVE: Separate systems of drainage will be required to serve the proposed development. No surface water connections will be permitted to the foul sewer system. If any further information is required please contact Wessex Water.

 

 

INFORMATIVE: The attention of the applicant is drawn to the contents of the attached letter from Wiltshire Fire and Rescue Service.

 

 

INFORMATIVE: This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the [insert date of future s106 agreement].

 

Supporting documents: