Agenda item

The following person spoke against the proposal:

Mr Tony Peacock, Showell Protection Group Coordinator

 

The following person spoke in favour of the proposal:

Mr Des Dunlop, the agent

 

The Committee received a presentation by the Case Officer which set out the

main issues in respect of the application, with a recommendation that planning permission be granted subject to the signing of a Section 106 legal agreement within six months of the date of this meeting and to conditions.

 

Members then had the opportunity to ask technical questions after which they

heard statements from members of the public as detailed above, expressing

their views regarding the planning application.

 

After some discussion,

 

Resolved:

 

To delegate authority to the Head of Development Management to grant planning permission, subject to conditions listed below and the completion of a S106 legal agreement covering the highway matters, 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 Head of Development Management to refuse planning permission on the grounds that the proposal fails to secure the necessary highway mitigation works required to make the development acceptable.

 

Conditions

 

1          The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

REASON:  To comply with the provisions of Section 92 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 of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

 

(e)       The scale of the development;

(f)        The layout of the development;

(g)       The external appearance of the development;

(h)       The landscaping of the site;

The development shall be carried out in accordance with the approved details.

 

REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

 

3          All access to the site for clearance, construction or other works in connection with this permission shall be from the proposed roundabout unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: In the interests of highways safety.

 

4          The development shall be carried out in accordance with the parameters plan submitted on 26th August 2016 and the written addendum dated 25th February 2013 with a maximum height of 8.5m in plot 300; 12m on plot 400 and 15m on plots 100 and 200.

 

Reason: To protect the setting of the heritage assets nearby and the landscape character of the area

 

 

5          No development shall commence within the site until:

 

a)         A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

 

b)        The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON:  To enable the recording of any matters of archaeological interest.

 

6          No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been undertaken and until:

 

a)         The Local Planning Authority has been provided with written confirmation that, in the opinion of the developer, the site is likely to be free from contamination which may pose a risk to people, controlled waters or the environment. Details of how this conclusion was reached shall be included.

b)        If, during development, any evidence of historic contamination or likely contamination is found, the developer shall cease work immediately and contact the Local Planning Authority to identify what additional site investigation may be necessary.

a)         In the event of unexpected contamination being identified, all development on the site shall cease until such time as an investigation has been carried out and a written report submitted to and approved by the Local Planning Authority, any remedial works recommended in that report have been undertaken and written confirmation has been provided to the Local Planning Authority that such works have been carried out. Construction shall not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out.

REASON:  To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

7          Prior to the commencement of the development hereby permitted a full lighting scheme for the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved scheme.

 

Reason: In the interests of the visual amenity of the countryside and local residents.

 

8          All fixed plant and machinery shall be so sited and designed in order to achieve a rating level of -5dB below the lowest measured background noise level, determined at each of the nearest noise sensitive receptors ie Holywell Guest House, Showell Cottages and Showell Farm.

 

Reason: To protect residential amenity.

 

9          The parking provision for all individual units on the site shall be in accordance with the requirements of the Wiltshire local Transport plan (LTP3) Car Parking Strategy, with quantum of parking not below the minimum standard for the appropriate planning use class, and areas of parking used for no other purpose.

 

Reason: To ensure that adequate provision is made for car parking within the site in the interests of highway safety.

 

10        No development shall commence on site until details of the stopping up of all existing accesses, both pedestrian and vehicular, have been submitted to and approved in writing by the Local Planning Authority. That stopping up shall take place in accordance with the approved details within one month of the first use of the approved access. No later than one month after the first occupation of the development, the sole means of vehicular and pedestrian access to the development shall be as shown on the plans hereby approved.

 

REASON: In the interests of highway safety.

 

11        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 the provision of such works, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until these details have been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

Reason: In the interests of highway safety and convenience.

 

12        No development shall commence on site until details of the provision for the loading, unloading and parking of goods vehicles within the site have been submitted to and approved in writing by the Local Planning Authority. No part of the development hereby approved shall be first brought into use until provision has been made. this space shall be maintained for such purpose at all times thereafter.

 

 

Reason: To ensure adequate provision is made for loading/unloading and lorry/van parking within the site in the interests of highway safety.

 

13        The buildings hereby permitted shall not be greater in height than the following parameters: Plot 300 8.5m; plot 400 10m and plots 100 & 200 12m as indicated on drawing DR-411-102 Rev 01.

 

Reason: To protect the setting of the nearby listed buildings and the open character of the surrounding landscape.

 

14        Prior to the first occupation of any of the development hereby permitted, the cycle/path along Patterdown Road as indicated on the approved plans, shall be provided in accordance with details to have first been submitted to and approved in writing by the local planning authority, unless and until the cycleway/footway linking to the town centre,  through the remainder of the South West of Chippenham Strategic Allocation in the Wiltshire Core Strategy, is provided.

 

Reason: To ensure that sustainable routes to the town centre are provided.

 

15        Prior to submission of a reserved matters application for the site, an Ecological Monitoring and Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved Ecological Monitoring and Management Plan shall include the following elements:

•           A framework demonstrating how and where the ‘Ecological Management and Enhancement Measures’, as set out in Table 4-1 of the submitted ‘Ecological Summary Report’ (Ref. eg12459TP), shall be implemented across the site

•           A scheme for the translocation of the existing species-rich hedgerow (where this cannot be retained) to landscaped areas within the site

•           A programme for monitoring the ecological effects of the development

The approved Ecological Monitoring and Management Plan shall set a framework for all reserved matters applications, which shall only be permitted where in accordance with the approved Ecological Monitoring and Management Plan, and will include timescales for implementing the approved measures.  The site shall be managed in accordance with the approved Ecological Monitoring and Management Plan in perpetuity unless agreed in writing by the Local Planning Authority, and monitoring reports shall be submitted to the Local Planning Authority in accordance with the monitoring programme therein.

 

Reason: To maintain and enhance biodiversity and protected species in accordance with NE10, NE11, NE14 and Circular 06/2005

 

16        Any reserved matter application shall be supported by a lighting plan for that phase of development (including a lux plot).  Any approved lighting plan shall demonstrate that light spill will be minimised through sensitive lighting design and timers, and that light levels shall be maintained at current lux levels or below 1 lux in the following parts of the site, as identified in the Ecological Monitoring and Management Plan or through any subsequent ecological survey reports:

•           Confirmed bat roosts / flight lines / foraging areas;

•           Bat boxes; and

•           Darkened corridors to be maintained through the site.

Lighting levels shall be maintained across the site in accordance with the approved lighting plan(s), unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: Circular 06/2005 and the Habitats Regulations (2010).

 

17. No more than 6000sqm gross floor area of the land use class B1(b)/B1(c)/B2 industrial , 930sqm of B8 distribution and 5,100sqm of B8 warehousing (or a variation on these levels of development so as not to exceed 78 two-way vehicle movements in the AM peak (0800-0900) and 84 two way vehicle movements in the PM peak (1700-1800) based on trip rates set out in the Peter Brett Associates Transport Assessment (December 2012) in table 6.1 (B1(b)/B1(c)/B2) , table 6.2 (B8 distribution) and table 6.3 (B8 warehousing) shall be occupied until the M4 J17 Improvement scheme as shown on Atkins drawing numbers WHCC_OS-ATK-HGN-T07178-DR-D-001Revision P01.5 dated 14/01/16 and WHCC_OS-ATK-HGN-T07178-DR-D-0002 Revision P01.4 dated 14/01/16 is completed and open to traffic.

 

Reason: To ensure the safe and effective operation of the strategic road network.