The papers for this application are contained in Agenda Supplement 1, which was published on 16 August 2016.
Minutes:
Mark Staincliffe, Area Team Leader, presented a report as detailed in the agenda supplement which explained a section 106 agreement for approval of the application for 56Residential Dwellings at Marden Farm, Calne, had not been signed within six months as directed by the committee owing to the death of the owner of the site, with the land now in probate. It was requested authority be delegated to complete the approval when possible.
No questions or public statements were received.
Councillor Toby Sturgis, seconded by Councillor Peter Hutton, moved the officer’s recommendation with an addition specifying the authority extended as necessary to cover the period until completion of probate.
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 or one month after the completion of Probate, whichever is the later.
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 & CP55 of the Wiltshire Core Strategy Adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012
1 Thedevelopmentherebypermittedshall be begun beforethe expiration of three years from the date of thispermission.
REASON: Tocomply with theprovisionsofSection 91 of theTown and Country PlanningAct1990 as amended bythe PlanningandCompulsoryPurchase Act 2004.
2 Thedevelopmentherebypermittedshall becarried out in accordance with the followingapproved plans:
D29 16 P4 Rev A- TreeProtection Plan Received 11 November 2015
MARD-15-04-01revA -Site Location PlanMARD-15-04-02rev B -PlanningLayout
MARD-15-04-03revC -Proposed Materials LayoutMARD-15-04-04rev B- Enclosures Layout
MARD-15-04-05revB -StoreyHeightsLayoutMARD-15-04-06rev B- Adoption Layout
394-CH-010revD - DrainageStrategy
RED20064-11BSheet1 -LandscapeProposalsrevB RED20064-11B Sheet2 -LandscapeProposalsrevB RED20064-11B Sheet3 -LandscapeProposalsrevB RED20064-11B Sheet4 -LandscapeProposalsrevB RED20064-11B Sheet5 -LandscapeProposalsrevB
Received 25 January2016
HouseTypesBooklet rev CReceived 26 January 2016
REASON:For theavoidance of doubt andin theinterestsofproper planning.
3 Nodevelopmentshall commence onsite until the exactdetailsandsamplesofthe materialsto be usedfor theexternalwallsand roofs have been submitted toand approved in writing bythe Local PlanningAuthority. Developmentshall becarried out in accordancewith theapproveddetails.
REASON: The application contained insufficient informationto enable this matter to be considered prior togranting planning permission and thematterisrequiredto be agreed withthe Local PlanningAuthority beforedevelopmentcommences inorder that thedevelopmentisundertakenin anacceptable manner, inthe interestsofvisual amenity and thecharacter andappearance of the area.
4 All softlandscaping comprised in the approved detailsoflandscaping shall be carriedout in the first plantingandseeding season followingthe firstoccupation of the buildings orthe completion of the development whicheveristhe sooner. All shrubs, trees and hedge planting shall be maintainedfree fromweeds and shall be protectedfromdamageby vermin and stock.Anytreesorplantswhich,within aperiod of five years,die, areremoved, orbecomeseriouslydamaged or diseasedshall be replaced in thenextplanting season with others ofa similar sizeand species, unless otherwise agreedin writing by the local planning authority. All hardlandscapingshall also be carried out in accordance with the approved detailsprior tothe occupation of anypartofthe developmentorin accordance with aprogrammeto be agreed inwritingwith the Local PlanningAuthority.
REASON: To ensurea satisfactory landscapedsetting forthe developmentandthe protectionofexisting important landscapefeatures.
5 Nodevelopmentshall commence onsite until detailsofthe estateroads,footways,footpaths,verges,junctions,streetlighting, sewers, drains, retaining walls,service routes, surface wateroutfall,vehicle overhang margins, embankments, visibilitysplays,accesses,carriagewaygradients, drivegradients,carparkingand street furniture, including thetimetablefor provisionofsuch works, have been submitted toand approved by theLocal Planning Authority. The developmentshall not be firstoccupied until the estateroads,footways,footpaths,verges,junctions,streetlighting, sewers,drains, retaining walls,service routes, surface water outfall,vehicle overhang margins,embankments, visibility splays,accesses, carriagewaygradients,drive gradients, car parking and street furniture have all been constructedand laid out inaccordance with the approved details.
REASON: The application contained insufficient informationto enable this matter to be considered prior togranting planning permission and thematterisrequiredto be agreed withthe Local PlanningAuthority beforedevelopmentcommences inorder that thedevelopmentisundertakenin anacceptable manner, to ensurethatthe roads are laid out and constructed in asatisfactorymanner.
6 No partofthe developmentshall befirst occupied,until the visibility splaysshown on theapproved plans have been provided with no obstructionto visibility ator above aheightof600mm above the nearside carriagewaylevel.The visibility splaysshall be maintained free of obstruction at alltimesthereafter.
REASON:In the interestsofhighwaysafety.
7 Notwithstanding the provisionsofthe Town and CountryPlanning (General PermittedDevelopment)(England)Order2015(oranyOrderrevoking or re-enactingor amending thatOrderwith or withoutmodification), thegaragesherebypermittedshall not be convertedto habitable accommodation.
REASON: Tosecurethe retention of adequateparking provision, inthe interests ofhighwaysafety.
8 Noconstructionworks shall take place anywhere onthe site outside the hours of0730and1800 on Mondays-Fridays and 0800 and 1300on Saturdays.Works shall not take place at anytime onSundaysand Bank or PublicHolidays.
Noburningofwasteorother materialsshalltakeplace anywhere on the site atanytime.REASON: To ensure theretention of anenvironment freefrom intrusive levels ofnoise,activityand pollution in the interestsofthe amenity of the area.
9 Nodevelopmentshall commence onsite until a schemefor thedischarge ofsurfacewater fromthe site(includingsurface water from the access/ driveway),incorporating sustainable drainagedetailsandinformation regarding existing ordinarywatercourseswithin the site (as well as pollution protection to theproposedattenuation pond), hasbeensubmittedto andapproved in writingby the Local Planning Authority.
The developmentshall not befirst occupied until surface waterdrainagehas been constructedin accordance with the approved scheme.
REASON: The application contained insufficient informationto enable this matter to be considered prior togranting planning permission and thematterisrequiredto be agreed withthe Local PlanningAuthority beforedevelopmentcommences inorder that thedevelopmentisundertakenin anacceptable manner, to ensurethat the development can be adequately drained.
10 Nodevelopmentshall commence onsite until a schemefor thedischarge offoul water
fromthe site, including full detailsofpumpingstation/finishes/fencing/prevention measureto preventpollution of proposed adjacent attenuation pond and otherSUDS features, hasbeensubmittedto and approved in writing bythe LocalPlanningAuthority.
The developmentshall not befirst occupied until foul waterdrainage hasbeen constructed inaccordance with the approved scheme.
REASON: The application contained insufficient informationto enable this matter to be considered prior togranting planning permission and thematterisrequiredto be agreed withthe Local PlanningAuthority beforedevelopmentcommences inorder that thedevelopmentisundertakenin anacceptable manner, to ensurethat the proposal isprovided with a satisfactorymeans of drainage anddoesnot increasethe risk offloodingor pose a riskto publichealth or the environment.
11 Nodevelopmentshall commence onsite(other than that required to becarried out aspart ofa scheme ofremediation approved by the Local PlanningAuthorityunder thiscondition),untilsteps(i) to (iii)belowhave beenfullycomplied with. If unexpected contamination is foundafterdevelopmenthasbegun, development must behalted onthat partofthe site affected by theunexpected contamination to theextent specifiedby the Local Planning Authorityin writing untilstep (iv)hasbeencomplied with in full in relationto that contamination.
Step(i) SiteCharacterisation:
Aninvestigation and risk assessment mustbe completedto assessthe natureand extent ofanycontaminationon the site, whetherornotitoriginateson thesite. Theinvestigation and risk assessment mustbe undertakenby competent personsanda writtenreportofthe findingssubmittedto and approved in writing bythe LocalPlanningAuthority.The reportofthe findingsmust include:
- Asurveyof the extent, nature and scale of contamination onsite;
- Thecollection and interpretation ofrelevantinformationto form a conceptual model ofthe site,and apreliminary riskassessmentofallthe likelypollutantlinkages;
- Ifthe preliminary riskassessmentidentifies anypotentiallysignificantpollutantlinkages aground investigation shall be carried out, toprovidefurtherinformation onthe location, type andconcentration of contaminantsinthe soil andgroundwaterand other characteristics that can influencethe behaviourofthe contaminants;
- Anassessment ofthe potential risksto: humanhealth,
- property(existing or proposed)including buildings, crops,livestock, pets,woodland andservice lines and pipes,
- adjoiningland,
- groundwaterandsurfacewaters,o ecologicalsystems,
- archaeological sites andancient monuments;
Thismustbe conducted in accordance with DEFRA and the Environment Agency's"ModelProceduresfor the Management ofLand Contamination, CLR 11"and otherauthoritativeguidance.
Step(ii) Submission of Remediation Scheme:
Ifanyunacceptablerisksare identified asa result ofthe investigationandassessment referredto in step(i) above,a detailed remediation scheme tobring thesiteto a condition suitablefor the intended usemustbe prepared. Thisshoulddetail the works requiredto remove anyunacceptablerisksto human health, buildingsand other propertyand thenatural and historicalenvironment, should besubmittedto and approved in writing bythe LocalPlanningAuthority.The schememust include all worksto be undertaken, proposedremediation objectives and remediationcriteria, atimetable of worksand site management procedures.
Step(iii) Implementation ofApproved Remediation Scheme:
The approved remediation scheme understep(ii) mustbe carried out in accordance with itsrequirements. TheLocalPlanningAuthoritymust begiven atleast two weekswrittennotification of commencement ofthe remediationschemeworks.
Step(iv)ReportingofUnexpected Contamination:
In the event that contamination is found at anytime when carryingoutthe approveddevelopmentthatwas not previouslyidentified it should be reportedin writing immediatelyto the Local PlanningAuthority.An investigation and riskassessment shouldbe undertaken in accordance with therequirements ofstep(i)above and where remediation is necessary, aremediationscheme should be prepared in accordance with therequirementsofstep(ii)andsubmittedto and approved in writing bythe LocalPlanningAuthority.
Step(v) Verification ofremedial works:
Followingcompletion of measuresidentifiedinthe approved remediationschemea verificationreport (referredto in PPS23 as avalidation report) must beproduced.The report should demonstratethe effectiveness ofthe remedial works.
A statement should alsobe provided bythe developerwhich is signedby a person who iscompetent toconfirm that the works detailed in the approved scheme have been carried out(The LocalPlanningAuthoritycan provide a draft Remediation Certificate when the detailsofthe remediationschemehave been approved at stage(ii)above).
The verification report and signedstatement should be submitted to andapproved in writingofthe Local PlanningAuthority.
Step(vi)LongTermMonitoring and Maintenance:
Ifa monitoring andmaintenance scheme is required as part ofthe approved remediationscheme, reportsmustbe prepared andsubmittedto the Local PlanningAuthorityfor approvalat therelevantstagesinthe development processas approved bythe Local PlanningAuthorityin the scheme approvedpursuant tostep(ii)above,until all the remediation objectives in that schemehave been achieved.
Allworksmust be conducted in accordancewith DEFRA and the Environment Agency's "ModelProceduresfor the Management ofLand Contamination, CLR 11"and otherauthoritativeguidance.
REASON: To ensurethat risksfromlandcontamination tothe futureusers ofthe land andneighbouringlandare minimised, togetherwith those to controlled waters,propertyandecological systems, andto ensurethat thedevelopment can becarried out safelywithoutunacceptablerisksto workers,neighboursandotheroffsitereceptors.
12 Nodevelopmentshall commence until a Landscape, Ecological and Arboricultural Management Plan (LEAMP)hasbeensubmittedto and approved in writing bythe LocalPlanningAuthority.The submitted LEAMP shall have particular regard tothe measuressecured under Condition 21 ofthe permission N/12/04038/FULandthe addendum tothe Ecological Impact Assessment (dated20thOctober, 2015)so asto supportandenhance theecological mitigationmeasurespreviouslyagreed.
Allcapital worksshall be carried out tothe approved timescales and all areas identified in theLEAMMP shall be managedin accordance with the approved prescriptions in perpetuity.Allmonitoring reports shallbe submittedin writing to thelocal planning authority.
REASON: The application contained insufficient informationto enable thismatter to beconsidered prior to granting planningpermission and the matterisrequiredto be agreed withthe Local PlanningAuthority beforedevelopmentcommences inorder that thedevelopmentisundertakenin anacceptable manner, to ensureadequateprotection, mitigation and compensationfor protected species, priorityspecies and habitats.
13 Nodevelopmentshall commence onsite(including any worksofdemolition), until a Construction Method Statement, which shall include thefollowing:
a) the parking ofvehicles of site operatives and visitors;
b) loadingand unloading ofplantandmaterials;
c) storage ofplant andmaterialsusedinconstructing the development;
d) the erection andmaintenance of securityhoardingincluding decorative displaysand facilities for publicviewing,where appropriate;
e) wheel washingfacilities;
f) measuresto controlthe emission ofdust and dirt during construction;
g) aschemefor recycling/disposing of wasteresulting from demolition and construction works;
h) measuresfor the protection of the natural environment; and
i) hours ofconstruction, includingdeliveries
hasbeen submitted to, and approved in writing by, the LocalPlanningAuthority. 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 constructionmethod statement.
REASON: The matterisrequiredto be agreed with theLocal Planning Authority beforedevelopmentcommencesin order that the development is undertakenin an acceptablemanner, tominimise detrimental effects tothe neighbouring amenities, theamenities ofthe area in general,detrimentto the natural environment throughthe risks ofpollution and dangersto highwaysafety,during theconstruction phase.
1 INFORMATIVETO APPLICANT:
Anyalterationsto the approved plans,brought aboutby compliance with Building Regulationsor anyother reasonmustfirstbe agreedin writing with the Local Planning Authority beforecommencementofwork.
2 INFORMATIVETO APPLICANT:
Thispermissionshall beread in conjunction with an Agreement made underSection 106 ofthe Town and CountryPlanningAct, 1990 and datedthe [INSERT].
3 INFORMATIVETO APPLICANT:
Theapplicantshouldnote that the grantofplanning permission doesnot include anyseparatepermission which may be needed to erect a structurein the vicinity of a publicsewer.Suchpermission should be sought direct fromThames WaterUtilities Ltd /Wessex Water ServicesLtd. Buildingsare not normally allowedwithin 3.0metres of aPublicSeweralthoughthismay vary dependingon the size, depth, strategicimportance,available accessand theground conditionsappertaining to the sewerinquestion.
4 INFORMATIVETO APPLICANT:
Theapplicantisrequested tonotethat thispermission does notaffect anyprivatepropertyrightsandthereforedoesnot authorisethe carrying out ofanyworkon land outside theircontrol. If such works arerequireditwill be necessary forthe applicant to obtain thelandownersconsentbefore suchworkscommence.
Ifyou intend carrying out works in the vicinity of the siteboundary,you arealso advised that itmay be expedient toseekyourown advice with regard tothe requirementsofthe PartyWall Act1996.
5 INFORMATIVETO APPLICANT:
Theapplicantshouldnote that anyworks on,overor near (within 8moftop of bank) an ordinarywatercourse will require aseparateformal Land Drainage Consentapplication andapproval,as will any new proposedconnection.
6 INFORMATIVETO APPLICANT:
Please notethat Councilofficesdo nothavethe facilityto receive material samples.Pleasedelivermaterial samples to siteandinform the Planning Officer where theyare to befound.
7 INFORMATIVETOAPPLICANT:
Theapplicantisadvisedthat thedevelopmenthereby approved representschargeabledevelopmentunder theCommunityInfrastructure Levy Regulations 2010(as amended)andWiltshire Council's CIL Charging Schedule. AseparateCommunityInfrastructureLevyLiability Notice will be issued by the Local Planning Authority. Should you require furtherinformationwith regards to CIL please refer to theCouncil'sWebsite www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy