Agenda item

15/00420/FUL - 68 Berryfield Park, Melksham, SN12 6EE

Minutes:

Public participation:

 

Mr Walsh spoke in support of the application.

 

The Senior Planning Officer outlined the report which recommended that the application for approval subject to conditions, including the proposal for an additional condition addressing the concerns of the parish council regarding construction methodology and traffic management.

 

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

 

Councillor Roy While spoke as a local member.

 

Issues discussed in the course of the debate included: The siting of the application; the impact of the proposals on the amenity of local residents; the views of the ecological officer; the designation of the locality as a small village and the context of the local plan; the views of the local resident and the concerns over the loss of open space.

 

Following consultation with the officers, it was proposed that, should the application be granted, condition 10 should be amended to provide protection to the areas designated for open space within the proposals.

 

Councillor Ernie Clark proposed and Councillor Chris Newbury seconded that the permission should be granted in line with the additional recommendations.

 

At the end of the debate the meeting;

 

Resolved to approve permission subject to the following amended 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.          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 1, Classes A, B, C, E, F and Part 2, Class A shall take place on the dwellinghouses hereby permitted or within their curtilage.

 

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; and in the interests of creating a sustainable form of development that will not have a detrimental impact on the surface water drainage and flooding within the area.

 

4.          The development hereby permitted shall be carried out in complete accordance with the Flood Risk Assessment prepared by Barnaby Associates (Revision 1 dated 14th January 2015). Finished floor levels shall be set no lower than 36.0m above Ordnance Datum (AOD). The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme.

 

REASON: In order to reduce the risk of flooding to the proposed development and future occupants.

 

5.          No development shall commence on site until a scheme for the discharge of foul water from the site 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.

 

6.          No development shall commence until a surface water drainage scheme for the site (including surface water from any access / driveway or any hard surface to be created), based on sustainable drainage principles (incorporating sustainable drainage details and permeability test results to BRE365) 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 submitted details shall clarify the intended future ownership and maintenance provision for all drainage works serving the site. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme. The approved and implemented scheme shall be maintained as such in perpetuity.

          

          REASON: To ensure that the site can be adequately drained

 

7.          No part of the development hereby permitted shall be 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 road safety and amenity.

 

8.          No development shall commence until an amended site layout plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall show the exact location of a new robust fence at the northern limit of the buffer area to the Berryfield Brook (entitled “6 metre vole buffer zone from bank on site layout plan 3774/002 Rev H).The scheme shall be implemented in accordance with the approved details and maintained as such in perpetuity.

 

         REASON: In the interests of biodiversity.

 

9.          No development shall commence until, a Construction Environmental Management Plan (CEMP) has been submitted to and agreed in writing by the local planning authority. The Plan shall provide details of the following:

 

a.       Installation of fencing at northern edge of 6m buffer area to prevent access during construction and to protect the buffer area during the course of construction.

b.      Sensitive site clearance to take account of potential presence of nesting birds, amphibians, reptiles and hedgehogs

c.       Site compounds and storage of materials outside the 6m buffer area

d.      Implementation of recommendations in section 7.5 of Ecological Survey report by Michael Woods Associates dated January 2015

e.       Development shall be carried out in full accordance with the approved CEMP.

 

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

 

10.       No development shall take place on site, until a Landscape and Ecology Management Plan has been submitted to and approved in writing by the local planning authority. The plan shall include the following:

 

a.    Implementation of recommendations in sections 7.5 and 7.6 of Ecological Survey report by Michael Woods Associates dated January 2015

b.    Enhancements for nesting birds, roosting bats, reptiles, amphibians and hedgehogs; including the installation of integral bat boxes/tubes and nest boxes for House sparrows, Starlings and Swifts within the new dwellings

c.    Landscaping scheme, including a wildflower seed mix within the grassed part of the 6m buffer area to the Berryfield Brook, retention of the majority of the scrub within the 6m buffer area with planting of additional tree and shrub species to provide fruit, berries and seeds for wildlife, and appropriate native riparian species on the bank of the brook; this shall include species names, species provenance, supplier details, location on site, preparation and planting methodologies, aftercare and maintenance

d.    Maintenance of the fencing to protect the 6m buffer zone and prevent access by residents and dogs

e.    Long-term management of retained and newly created habitats

f.      Long-term management of retained open space

g.    The approved plan shall be complied with during and after the completion of the development hereby approved and in relation to the open space within the site, this shall thereafter be retained as open space.

 

REASON: To ensure the enhancement and appropriate management of priority habitats and mitigation for protected species.

 

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

 

a.       A Construction Traffic Management Plan;

b.      the parking of vehicles of site operatives and visitors;

c.       loading and unloading of plant and materials;

d.      storage of plant and materials used in constructing the development;

e.       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.

 

12.       No external lighting shall be installed on site until plans showing the type of light appliances, the height and position of fittings, illumination levels and light spillage have been submitted to and approved in writing by the local planning authority.

 

REASON: to minimise light spillage into the adjacent brook corridor habitats to maintain dark foraging and commuting corridors for bats, in the interests of biodiversity.

 

13.       The development hereby permitted shall be carried out in accordance with the following approved plans: 3774 – 001 Rev B Site Location Plan; 3774 – 002 Rev H Site Plan; 3774 – 004 Plans and Elevation Plots 1-4; 3774 – 005 Plans and Elevations Plots 5-6; 3774 – 006 Plans and Elevations Plots7-8; 3774 – 007 Site section and Street Scene; 3774 – 008 Roof Plans; The Application Form, the Transport Technical Assessment; The Ecological Survey (January 2015); The Flood Risk Assessment and Drainage Strategy (January 2015).

 

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

 

INFORMATIVE TO APPLICANT

 

The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. 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. All British bat species 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). Please see the Council’s website for further information:

http://www.wiltshire.gov.uk/planninganddevelopment/biodiversityanddevelopment.htm or visit https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals

 

INFORMATIVE TO APPLICANT

 

There are public storm and foul water sewers crossing the site, for which the sewerage undertaker normally operates a no build over/near with a clear zone each side of the sewer. The applicant should seek confirmation as soon as possible from the undertaker on this issue with shown layout and whether the undertaker will require formal diversion of their apparatus under a Water Industry Act agreement to achieve the current layout

 

There will be a need to obtain formal Land Drainage Consent for any proposed outfall to a water course to cover any permanent and/or temporary works to form the outfall prior to construction of any Stormwater drainage works on site as required under the Land Drainage Act 1991 in order to comply with LDC legislation – please note that if changes are required to drainage proposals to obtain LDC you may need to apply for variations of any planning approved scheme

 

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.

 

Protection of Existing Assets:

 

A public surface water sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public surface water sewers. It is recommended that the applicant contacts Wessex Water Sewer Protection Team for further advice on this matter. Building over existing public surface water sewers will not be permitted (without agreement) from Wessex Water under Building Regulations.

 

Building Near to a Public Sewer:

 

No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Wessex Water. Please contact our Sewer Protection Team to discuss further 01225 526333.

 

Separate Sewer Systems:

 

Separate systems of drainage will be required to serve the proposed development. No surface water connections will be permitted to the foul sewer system.

 

INFORMATIVE TO APPLICANT

 

When discharging the surface water condition, the following is expected:

 

          i.          Whilst submitting technical details and design calculations may help illustrate that surface water management can be achieved, there also needs to be a supporting formal strategy report which explains the technical information presented and can be readily understood by the non-technical reader. If the development comes forward in discreet phases, each phase will need to be supported by 'phase specific' documents.

         ii.          Adequate attenuation arrangements should be provided from the outset of development ensuring that no uncontrolled surface water is permitted from the site at any stage of development.

       iii.          Any outflow from the site must be limited to existing run-off rates and volumes and discharged incrementally for all return periods up to and including the critical 1 in 100 year event.

       iv.          Sufficient attenuation volume must be provided within the site to hold the surface water run-off from the developed site up to the critical 1 in a 100 event, including 30% allowance for climate change for the lifetime of the development. Attenuation areas must not be situated in areas at risk from flooding (i.e. fluvial, surface water, ground water etc.). Drainage calculations must be included to demonstrate this (e.g. Windes or similar sewer modelling package calculations that include the necessary attenuation volume).

        v.          Exceedence flow occurs during short but very intense rain storms, or if system blockage occurs etc. The large volume of runoff generated from impermeable surfaces during such events may not all be captured by the drainage system and unless otherwise intercepted a proportion could flow uncontrolled onto land under other ownership or into a watercourse/floodplain. CIRIA good practice guide for designing for exceedance in urban drainage (C635) requires that the run-off from the site during the critical 1 in 100 year storm plus climate change allowance must not be permitted to flow uncontrolled from the site (unless alternative arrangements have been made) and must not reach unsafe depths on site. For surcharge / flooding from the system (which is indicated by the preliminary calculations within the FRA), overland flood flow routes and "collection" areas on site (e.g. car parks, landscaping) must be shown on a drawing.

       vi.          Where infiltration forms part of the proposed storm water system such as infiltration trenches and soakaways, soakage test results and test locations are to be submitted in accordance with BRE digest 365.

     vii.          The adoption and maintenance of the drainage system for the lifetime of the system must be addressed and clearly stated.

 

INFORMATIVE TO APPLICANT

 

Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written Flood Defence Consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8 metres of the top of the bank of the River Mude which is designated as 'main river'. The need for Flood Defence Consent is over and above the need for planning permission. To discuss the scope of our controls and to obtain an application form please contact Daniel Griffin on 01258 483421.

 

 

 INFORMATIVE TO APPLICANT

 

There must be no interruption to the existing surface water and/or land drainage arrangements 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. This would apply, for example, to the existing overland flow paths shown on the Flood Map for Surface Water. Water Efficiency and Climate Change

INFORMATIVE TO APPLICANT

 

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

 

a.     the use of plant and machinery

b.    oils/chemicals and materials

c.     the use and routing of heavy plant and vehicles

d.    the location and form of work and storage areas and compounds

e.     the control and removal of spoil and wastes.

 

The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

Supporting documents: