Agenda item

Public Participation

Mrs Judy Rose spoke in objection to the application.

Mrs C Gay spoke in objection to the application.

Mr Nigel Keen, agent, spoke in support of the application.

Cllr Nigel Carter spoke in objection on behalf of Devizes Town Council.

The Area Development Manager introduced the application which recommended that planning permission be granted subject to conditions for the creation of an amended vehicular access off Station Road car park from that approved as part of the historic leisure park permission for application K/13235/O. The officer confirmed the previous permission, approved subject to a legal agreement in 1991 and including a proposed access road from a different location to that proposed in the new application, remained valid as work had been begun on the site many years ago, meeting the requirements of the standard condition on permission lapsing in the event of no work begin done, even if there had been little change since.

Key issues were stated to include the existing planning status of the site, impact on the character and appearance of the area, and impact on trees and ecology. One late item was reported, an additional letter of objection, and its contents detailed.

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to queries it was stated that the level of consultation was felt to have been sufficient, and that it was not possible to impose an end completion date condition to an application. It was confirmed any plans for the site the access road would lead to, beyond that which already had permission, would have to be the subject of a new application.

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

The Unitary division member, Councillor Sue Evans, then spoke in objection to the application, noting the many objections from the Town Council and residents including concerning traffic management, impact upon residents and biodiversity.

A debate followed where members discussed whether the proposed access location and impact was an improvement on the access which had existing permission and whether the level of consultation had indeed been sufficient. It was agreed any future plans for the wider site were not relevant to the existing application, but it was discussed whether it was reasonable to impose a condition restricting the applicants to only one access, in the event of the current application being approved.

Resolved

To approve planning permission 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 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;

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

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

d) finished levels and contours;

e) means of enclosure;

f) all hard and soft surfacing materials;

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

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

l) A 5.5m wide tree belt consisting of trees of a size and species and density to be agreed in writing with the Local Planning Authority, shall be planted to the south of the southern boundary of the site in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428

REASON: To ensure a satisfactory landscaped setting for the development and to preserve the connective wildlife corridor which the site currently contributes to. 

3.            The tree belt along the southern boundary as detailed in the approved details of landscaping shall be carried out in advance of clearance of the site for development; 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. 

REASON: To ensure a satisfactory landscaped setting for the development and to preserve the connective wildlife corridor which the site currently contributes to. 

4.            All soft landscaping within the red line boundary of the site comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the completion of the access road;  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. 

REASON: To ensure a satisfactory landscaped setting for the development and to preserve the connective wildlife corridor which the site currently contributes to. 

5.            No development shall commence on site until details of all earthworks have been submitted to and approved in writing by the Local Planning Authority.  These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, and the nature and source of the material, showing the relationship of proposed mounding to existing vegetation and surrounding landform. The development shall not be first brought into use until such time as the earthworks have been carried out in accordance with the details approved under this condition.  

REASON: To ensure a satisfactory landscaped setting for the development.

6.            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.

7.         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) 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.

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

A00 Location Plan, received 31 October 2014

A01 Survey Plan, received 31 October 2014

A001 Proposed Site Plan, received 31 October 2014

A201 Proposed Road Elevation and Field Access Elevation, received 31 October 2014

A301 Proposed Access Section A-A, received 18 December 2014

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

9.          Notwithstanding the planning permission granted under reference K/13235/O in 1991, there shall be a single means of vehicular access to the leisure park from Station Road car park and if the permission hereby granted is implemented, the access formerly approved under planning permission K/13235/O shall not be constructed.

REASON: The construction of two vehicular access points from the car park would cumulatively have an adverse impact on the character and appearance of the area; and in the interests of road safety.

Councillor Nick Fogg MBE left the meeting after this item.