Agenda item

Anne Henshaw and Sue Baker spoke against the application.

 

Andy Cockett spoke in support of the application.

 

Kate Moorly (Calne Without Parish Council) spoke against the application.

 

The planning officer, Mark Staincliffe, introduced the report which recommended to delegate authority to the Area Development Manager to grant planning permission, subject to the signing of a Section 106 agreement within 6 months of the date of the resolution of this Committee and the conditions and informatives, as amended by the late observations, outlined in the report. In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe, to then delegate authority to the Area Development Manager to REFUSE planning permission for the reasons set out in the report. The application was for the development of 56 residential dwellings, open space, landscaping, sustainable urban drainage, vehicular access and associated infrastructure and engineering works; plans and maps relating to the proposal and the previously permitted application were shown. It was highlighted that an application had been granted for the entirety of the site at  appeal.

 

The officer explained that an 85 bedroom dementia care home had been previously consented, however, the applicant had been unable to secure an operator and the application now sought permission to construct 56 residential units in lieu of the care home. It was outlined that the parking requirements met the Council’s plans and consultations had been favourable subject to the planning application. The officer further stated that the dementia care home had the benefit of full planning permission and could be implemented immediately, subject to discharging any pre-commencement conditions. The principle of built development in this location had therefore been established;  furthermore, there were no requirements for the dementia care home to be built within the newly proposed residential area in policy terms or by way of legal agreement.

 

The officer drew attention to the late observations for the item and highlighted that outside of the red outline on the map, access had already been constructed and granted planning permission and hence, the fact that condition 6 be deleted was noted in the late observation.

 

The Committee was then invited to ask technical questions, for which there were none.

 

Members of the public were then invited to speak, as detailed above.

 

The division member for Calne South, Cllr Hill, was permitted to speak and several raised concerns, such as:

Wiltshire required a dementia care home and thus, this should be delivered;

a dementia care home, as opposed to the proposed residential site, would provide additional employment opportunities to the immediate Calne area;

the site had only been marketed for 1 year for someone to agree to build the care home and this was not sufficient;

the site had been established as intended for business and the Council should safeguard this;

the core strategy stated that housing growth must be carefully balanced with job creation;

attention and due respect ought to have been given to the later stages of the neighbourhood plan.

 

Local member, Cllr Crisp, noted that she shared Cllr Hill’s concerns and raised further concerns such as: there would be 120 employment opportunities once the care home was built in comparison to 39 construction employment opportunities per year, yet for the construction side, this would only be whilst the proposed site was being erected; the site was situated on a greenfield site; demonstrable harm could occur, due to the increased traffic flow upon those who lived in close proximity to the site.

 

Following the statements, the planning officer advised that the planning inspector had established the principle of built development for the site and that the applicant had voluntarily sought to locate a new provider for the dementia care home. Indeed, he stressed that it had not been a requirement for the applicant to locate a new provider for the previously proposed care home. The officer then outlined that the 1 year marketing exercise was deemed as acceptable, as government guidance, such as paragraph 22 of the NPPF, discourages the retention of undeliverable sites & appeal decisions have confirmed that a 6 month marketing exercise is acceptable. He also advised that there were no protection policies for sites, such as the one in question and that the Calne neighbourhood plan was not sufficiently advanced to have been given significant weighting in the decision making process. It was stated that to regard the Calne neighbourhood plan as significantly advanced could lead to an error in law. The officer highlighted that there had been no conclusions of adverse impacts on the surrounding area.

 

The Chairman raised the issue of separation distances between the proposed site and the current residential dwellings in the area. The officer advised that houses in the Knowle were more likely to be affected than houses in the Fairway, however, it was advised that additional landscaping could not be provided as this could compromise the proposed access road to the Bowood Estate and was not necessary; as the separation distance was adequate to ensure that there would be no significant adverse impact on adjoining properties.

 

In the debate that followed several issues were raised, such as the following: the harm to the local area would be greater if the proposed residential dwellings were to be built, as opposed to the dementia care home; housing growth ought to be delivered at an appropriate rate as per Core Policy 8; that certain Core Polices were not applicable to this site and thus, it would be prudent for members to only quote and refer to applicable policies in relation to this application; as the council do not currently have a 5 year housing land supply of deliverable housing site, paragraph 49 of the NPPF is engaged and  there is no reason to withhold permission and deliver further housing at this site. 

 

Cllr Crisp, seconded by Cllr Marshall, proposed that the application be refused. The motion was put to the vote and failed.

 

The Committee shared the local community’s desire for a new care home, yet noted that Core Policy 46 was not applicable, nor was policy Core Policy 35, as the consented use did not fall into us class B1, B2 or B8.

 

Cllr Hutton, seconded by Cllr Sturgis, moved the officer’s recommendation. The motion was put to the vote and passed.

 

Resolved:

 

That authority is delegated to the Area Development Manager to GRANT planning permission, subject to conditions listed below and completion of a S106 legal agreement within six months of the date of the resolution of this Committee.

 

In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Area Development Manager to REFUSE planning permission for the following reason:-

 

The application proposal fails to provide and secure the necessary and required Services and infrastructure supporting the proposed residential development including Affordable Housing; Waste; Public Open Spaces; Air Quality Management and is therefore contrary to Policies CP3 & CP43 of the Wiltshire Core Strategy adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

 

CONDITIONS AND INFORMATIVES:

 

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:

D29 16 P4 Rev A - Tree Protection Plan

Received 11 November 2015

MARD-15-04-01 rev A - Site Location Plan

MARD-15-04-02 rev B - Planning Layout

MARD-15-04-03 rev C - Proposed Materials Layout

MARD-15-04-04 rev B - Enclosures Layout

MARD-15-04-05 rev B - Storey Heights Layout

MARD-15-04-06 rev B - Adoption Layout

394-CH-010 rev D - Drainage Strategy

RED20064-11B Sheet 1 - Landscape Proposals rev B

RED20064-11B Sheet 2 - Landscape Proposals rev B

RED20064-11B Sheet 3 - Landscape Proposals rev B

RED20064-11B Sheet 4 - Landscape Proposals rev B

RED20064-11B Sheet 5 - Landscape Proposals rev B

Received 25 January 2016

House Types Booklet rev C

Received 26 January 2016

 

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

 

3.    No development shall commence on site until the exact 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

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 buildings 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 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, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, 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.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the roads are laid out and constructed in a satisfactory manner.

 

6.    No part of the development shall be first occupied, until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 600mm above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

7.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), the garages hereby permitted shall not be converted to habitable accommodation.

 

REASON: To secure the retention of adequate parking provision, in the interests of highway safety.

 

8.    No construction works shall take place anywhere on the site outside the hours of 0730 and 1800 on Mondays-Fridays and 0800 and 1300 on Saturdays. Works shall not take place at any time on Sundays and Bank or Public Holidays. No burning of waste or other materials shall take place anywhere on the site at any time.

 

REASON: To ensure the retention of an environment free from intrusive levels of noise, activity and pollution in the interests of the amenity of the area.

 

9.    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 and information regarding existing ordinary watercourses within the site (as well as pollution protection to the proposed attenuation pond), 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

10.No development shall commence on site until a scheme for the discharge of foul water from the site, including full details of pumping station/finishes/fencing/prevention measure to prevent pollution of proposed adjacent attenuation pond and other SUDS features, 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

11.No development shall commence on site (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition), until steps (i) to (iii) below have been fully complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until step (iv) has been complied with in full in relation to that contamination. Step (i) Site Characterisation: An investigation and risk assessment must be completed to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings submitted to and approved in writing by the Local Planning Authority. The report of the findings must include: - A survey of the extent, nature and scale of contamination on site; - The collection and interpretation of relevant information to form a conceptual model of the site, and a preliminary risk assessment of all the likely pollutant linkages; - If the preliminary risk assessment identifies any potentially significant pollutant linkages a ground investigation shall be carried out, to provide further information on the location, type and concentration of contaminants in the soil and groundwater and other characteristics that can influence the behaviour of the contaminants; - An assessment of the potential risks to - human health, - property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, - adjoining land, - groundwater and surface waters, - ecological systems, - archaeological sites and ancient monuments. This must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11" and other authoritative guidance. Step (ii) Submission of Remediation Scheme: If any unacceptable risks are identified as a result of the investigation and assessment referred to in step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared. This should detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment, should be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. Step (iii) Implementation of Approved Remediation Scheme: The approved remediation scheme under step (ii) must be carried out in accordance with its requirements. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works. Step (iv) Reporting of Unexpected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it should be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment should be undertaken in accordance with the requirements of step (i) above and where remediation is necessary, a remediation scheme should be prepared in accordance with the requirements of step (ii) and submitted to and approved in writing by the Local Planning Authority. Step (v) Verification of remedial works: Following completion of measures identified in the approved remediation scheme a verification report (referred to in PPS23 as a validation report) must be produced. The report should demonstrate the effectiveness of the remedial works. A statement should also be provided by the developer which is signed by a person who is competent to confirm that the works detailed in the approved scheme have been carried out (The Local Planning Authority can provide a draft Remediation Certificate when the details of the remediation scheme have been approved at stage (ii) above). The verification report and signed statement should be submitted to and approved in writing of the Local Planning Authority. Step (vi) Long Term Monitoring and Maintenance: If a monitoring and maintenance scheme is required as part of the approved remediation scheme, reports must be prepared and submitted to the Local Planning Authority for approval at the relevant stages in the development process as approved by the Local Planning Authority in the scheme approved pursuant to step (ii) above, until all the remediation objectives in that scheme have been achieved. All works must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11" and other authoritative guidance.

 

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

12.No development shall commence until a Landscape, Ecological and Arboricultural Management Plan (LEAMP) has been submitted to and approved in writing by the Local Planning Authority. The submitted LEAMP shall have particular regard to the measures secured under Condition 21 of the permission N/12/04038/FUL and the addendum to the Ecological Impact Assessment (dated 20th October, 2015) so as to support and enhance the ecological mitigation measures previously agreed. All capital works shall be carried out to the approved timescales and all areas identified in the LEAMMP shall be managed in accordance with the approved prescriptions in perpetuity. All monitoring reports shall be submitted in writing to the local planning authority.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure adequate protection, mitigation and compensation for protected species, priority species and habitats.

 

13. 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) 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; h) measures for the protection of the natural environment; and 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: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, 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.

 

14.INFORMATIVE TO APPLICANT: Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

15.INFORMATIVE TO APPLICANT:

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].

 

16.INFORMATIVE TO APPLICANT:

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

17.INFORMATIVE TO APPLICANT:

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

18.INFORMATIVE TO APPLICANT:

The applicant should note that any works on, over or near (within 8m of top of bank) an ordinary water course will require a separate formal Land Drainage Consent application and approval, as will any new proposed connection.

 

19.INFORMATIVE TO APPLICANT:

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

20.INFORMATIVE TO APPLICANT:

The applicant is advised that the development hereby approved represents chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. A separate Community Infrastructure Levy Liability Notice will be issued by the Local Planning Authority. Should you require further information with regards to CIL please refer to the Council's Website

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy