Agenda item

The following person spoke against the proposal:

Mr Mike Mills, representing Bowerhill Residents’ Action Group

Mr Colin Chapman, representing residents of Elm Close and Birch Grove

Mr Nick Westbrook, representing the Health & Wellbeing Steering Group

Cllr Paul Carter, representing Melksham Without Parish Council

 

The following person spoke in favour of the proposal:

Ms Vanessa Clipstone, representing RPS Planning & Development

 

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

main issues in respect of the application, with a recommendation that authority be delegated to the Head of Development Management to grant planning permission 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.

 

Members then heard the views of Cllr Roy While who explained that he had called in the application due to the concerns of the Melksham Without Parish Council & the local residents and the impact of the development on Road A365.

 

During discussion, Members questioned under the Heads of Terms of the Section 106 legal agreement if a figure had been agreed as a contribution from the developer for the expansion project at Melksham Oak Secondary School.  Furthermore, they enquired as to whether land available for the proposed new primary school would sufficient for its eventual expansion into a two form entry school.  The Head of Development Management explained that much would depend on the number of houses which were eventually built, bearing in mind that this was an outline application.

 

After further 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 areas set out below in the Heads of Terms. 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; highway works ; education provision and open space and is therefore contrary to the policies  of the Wiltshire Core Strategy adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

 

Heads of Terms for Section 106 legal agreement to secure the following:

·         30% affordable housing;

·         Provision of 1.4 hectares of land for a 1FE primary school and nursery facility;

·         Conditional provision of a further 0.6 hectares of land for a 1FE expansion to the above;

·         Commuted sum, to be based on the number of dwellings (less any exemptions), the number of places required, and the relevant capital cost multiplier at the time of determination, towards construction of 1FE primary school;

·         Commuted sum, to be based on the number of dwellings (less any exemptions), the number of places required, and the relevant capital cost multiplier at the time of determination, towards expansion project at Melksham Oak Secondary School;

·         Commuted sum of £120,000 towards pedestrian and cycle improvements;

·         Payments for legal orders related to cycleways, and 2 traffic regulation orders regarding speed restrictions;

·         Off site highways works to include 5 toucan crossings, capacity improvements to north and south arms of The Spa roundabout, and provision of a footway linking Spa Road and Western Way;

·         Provision of at least 8624sqm of public open space of which 415sqm to be equipped play to and the setting up of a management company to maintain the space or transfer to Melksham Without Parish Council; and

·         Commuted sum of £21,385 towards bin provision.

 

 

 

 

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:

 

(a)          The scale of the development;

(b)          The layout of the development;

(c)          The external appearance of the development;

(d)          The landscaping of the site;

(e)          The means of access to 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 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

3.

An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

4.

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

 

drwg: M.0347_03A - Site Location Plan received on 4 February 2016

 

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

 

5.

No more than 213 dwellings shall be erected on the site, unless the 0.6 hectares of land allocated for a single form entry expansion to the hereby approved 1 form entry primary school and nursery facility is also developed for housing; in which case no more than 235 dwellings shall be erected on the site.

 

REASON: To define the terms of the permission.

 

6.

There shall be no development of 3-storeys or greater. To the southern boundary on the eastern parcel of land adjoining existing housing, development shall be garden to garden.

 

REASON: In the interests of the character and appearance of the area and residential amenity.

 

7.

There must be no new buildings, structures (including gates, walls, fences or other means of enclosure) or raised ground levels within 5 metres of the top of any bank (or edge of culvert) of the watercourse(s) fronting or crossing the site.

 

REASON: To maintain an appropriate access to the watercourse for maintenance and/or possible future improvements.

 

 

 

8.

No development shall commence on site until a programme of phasing for the development (including off-site highway improvement works) in the context of an up to date masterplan has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

REASON: In order to define the terms of the permission.

 

9.

No development (above ground level) shall commence on each phase until the details of the materials to be used for the external walls and roofs (including samples) for that phase of the development has 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.

 

10.

No development shall commence on the residential phase(s) until a scheme of hard and soft landscaping for the application site (except the school) have been submitted to and approved in writing by the Local Planning Authority, the details of which shall include

*           location and current canopy spread of all existing trees and hedgerows on the land;

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

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

*           finished levels and contours;

*           means of enclosure and boundary treatments;

*           car park layouts;

*           other vehicle and pedestrian access and circulation areas;

*           all hard and soft surfacing materials;

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

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

*           arboricultural method statement;

 

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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

11.

No development shall commence on the school and nursery phase(s) until a scheme of hard and soft landscaping for that phase of the development has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include

*           location and current canopy spread of all existing trees and hedgerows on the land;

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

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

*           finished levels and contours;

*           means of enclosure and boundary treatments;

*           car park layouts;

*           other vehicle and pedestrian access and circulation areas;

*           all hard and soft surfacing materials;

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

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

*           arboricultural method statement;

 

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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

12.

All soft landscaping comprised in the approved details of landscaping shall be carried out in accordance with a detailed phasing scheme. 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.

 

 

 

13.

No development shall commence until a foul water drainage strategy and scheme, including details of phasing, is submitted to and approved in writing by the Local Planning Authority. The submission shall include appropriate arrangements for the agreed points of connection and the capacity improvements (including any works which may lie in third party land) required to serve the proposed development. The development shall be carried out in accordance with the details to be submitted to and approved in writing by the Local Planning Authority.

 

REASON: To ensure that proper provision is made for sewerage of the site and that the development does not increase the risk of sewer flooding to downstream property.

 

14.

No development shall commence until a storm water drainage strategy and scheme, including details of phasing, is submitted to and approved in writing by the Local Planning Authority. The submission shall include appropriate arrangements for the agreed points of connection and any capacity improvements (including any offsite works) to the downstream system (including any works which may lie in third party land). The development shall be carried out in accordance with the details to be submitted to and approved in writing by the Local Planning Authority.

 

REASON: To ensure that proper provision is made for storm drainage of the site and that the development does not increase the risk of flooding to downstream property/catchment.

 

15.

No development shall commence on the residential and education developments respectively until schemes for water efficiency for each element have been submitted to and approved in writing by the Local Planning Authority. The schemes shall be implemented in accordance with the agreed 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 and to prevent the increased risk of flooding, and ensure future maintenance of the surface water drainage system.

 

16.

The dwellings hereby approved shall achieve a level of energy performance at or equivalent to Level 4 of the Code for Sustainable Homes.  No dwelling shall be occupied until evidence has been issued and submitted to, and approved in writing by, the local planning authority certifying that this level or equivalent has been achieved.

 

REASON: To ensure that the objectives of sustainable development equal or equivalent to those set out in Policy CP41 of the Wiltshire Core Strategy are achieved.

 

17.

No development shall commence on the school and nursery phase(s) until evidence that that phase of the development is registered with a BREEAM certification body and a pre-assessment report (or design stage certificate with interim rating if available) has been submitted indicating that the development can achieve the “very good” BREEAM standard (or any such equivalent national measure of sustainable building which replaces that scheme). No phase of the development shall be occupied until a final Certificate has been issued certifying that the “very good” BREEAM standard (or any such equivalent national measure of sustainable building which replaces that scheme) has been achieved for that phase of the development.

 

REASON: To ensure that the objectives of sustainable development set out in policy CP41 of the Wiltshire Core Strategy are achieved.

 

18.

The construction of dwellings hereby permitted shall not commence on site until details of the storage of refuse, including details of location, size, means of enclosure and materials have been submitted to and approved in writing by the Local Planning Authority. A dwelling shall not be first occupied until the approved refuse storage for that dwelling has been completed and made available for use in accordance with the approved details and it shall be retained in accordance with the approved details thereafter.

 

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 for the interests of public health and safety.

 

19.

No development shall commence within the area indicated (proposed development site) until:

• 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

• 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.

 

 

20.

No development shall commence until a final noise mitigation strategy, including full scaled plans of any necessary features and any associated phasing plan has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be first brought into use or occupied until the relevant mitigation has been provided to serve each phase of the development. The approved mitigation shall be maintained in accordance with the approved details at all times thereafter.

 

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

 

21.

No external lighting shall be installed on site until plans, showing the type of light appliance, the height direction and position of fitting, illumination levels and light 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 submission shall:

 

a)         Identify those areas/features on the whole site that are particularly sensitive for foraging/commuting bats;

b)        Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications, including a Lux plot) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places; and

c)         Specify luminaires, heights and positions of fittings, direction and other features, e.g. cowls, louvres or baffles

 

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, to minimise unnecessary light spillage above and outside the development site and to protect wildlife interests.

 

22.

No development shall commence on each phase (including demolition, ground works, vegetation clearance) until a Construction Method Statement (CMP) for that phase has been submitted to and approved in writing by the local planning authority. The CMP shall include, but not necessarily be limited to, 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 including from pollution; and

i)                hours of construction, including deliveries.

 

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 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 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.

 

23.

No development shall commence on each phase (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) for that phase has been submitted to and approved in writing by the local planning authority. The CEMP shall include, but not necessarily be limited to, the following:

a)    Risk assessment of potentially damaging construction activities;

b)   Identification of ‘biodiversity protection zones’ (where required);

c)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements), including detailed mitigation measures for badgers, breeding birds and reptiles (precautionary site clearance), and the protection of trees and hedgerows;

d)   The location and timing of sensitive works to avoid harm to biodiversity features (e.g. daylight working hours only starting one hour after sunrise and ceasing one hour before sunset);

e)    The times during construction when specialists ecologists need to be present on site to oversee works;

f)     Responsible persons and lines of communication;

g)   The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person(s);

h)   Use of protective fences, exclusion barriers and warning signs, including advanced installation and maintenance during the construction period; and

i)     Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

A report prepared by a professional ecologist or the Ecological Clerk of Works certifying that the required mitigation and/or compensation measures identified in the CEMP have been completed to their satisfaction, and detailing the results of site supervision and any necessary remedial works undertaken or required, shall be submitted to the Local Planning Authority for approval within 3 months of the date of substantial completion of the development or at the end of the next available planting season, whichever is the sooner. Any approved remedial works shall subsequently be carried out under the strict supervision of a professional ecologist following that approval.

 

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

 

24.

No development shall commence until a Landscape and Ecological Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The content of the LEMP shall include, but not necessarily be limited to, the following information:

a)            Full specification of habitats to be created, including locally native species of local provenance and locally characteristic species -  this shall include a detailed specification for the attenuation features, ponds (permanent water features), hibernacula for amphibians, woodland planting, hedgerow reinforcement planting, bird boxes and bat boxes within dwellings and the new school, and the creation of a wildlife garden, forest school and/or orchard within the school grounds;

b)           Description and evaluation of features to be managed; including locations shown on a site map;

c)            Landscape and ecological trends and constraints on site that might influence management;

d)           Aims and objectives of management, including access for hedgehogs into gardens;

e)            Appropriate management options for achieving aims and objectives;

f)             Prescriptions for management actions;

g)           Preparation of a work schedule (including an annual work plan capable of being rolled forward over a 5-10 year period);

h)           Details of the body or organisation responsible for implementation of the plan;

i)             Ongoing monitoring and remedial measures;

j)             Timeframe for reviewing the plan; and

k)            Details of how the aims and objectives of the LEMP will be communicated to the occupiers of the development.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body/bodies responsible for its delivery.

The plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented.

The LEMP shall be implemented in full in accordance with the approved details.

 

REASON: To ensure the long-term management of protected and priority habitats and other landscape and ecological features, and to maintain and enhance these habitats and features in perpetuity.

 

25.

No residential unit shall be occupied until those parts of the Residential Travel Plan (by Peter Evans Partnership and dated January 2016) capable of being implemented prior to occupation have been implemented. Those parts identified for implementation after occupation shall be implemented in accordance with the timetable contained therein, and shall continue to be implemented as long as any part of the development is occupied. The Residential Travel Plan Co-ordinator shall be appointed and carry out the identified duties to implement the Residential Travel Plan for a period of at least 2 years following occupation of the last residential unit.

 

REASON: In the interests of reducing the amount of private car movements to and from the development.

 

26.

The primary school shall not be brought into use until a School Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The School Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from these results.

 

REASON: In the interests of road safety and in the interests of reducing the amount of private car movements to and from the development.

 

27.

Prior to occupation of the 20th dwelling two bus stops including shelters, perch seating and high access kerbs shall have been provided on Pathfinder Way in accordance with details to be first submitted to and approved by the Local Planning Authority.

 

REASON: In the interests of encouraging sustainable travel to and from the development.

 

28.

Prior to first occupation a pedestrian refuge shall have been provided on Pathfinder Way in association with the required toucan crossing of Pathfinder Way, in accordance with details to be first submitted to and approved by the Local Planning Authority.

 

REASON: In the interests of encouraging sustainable travel to and from the development and highway safety.

 

29.

Prior to first occupation a 2 metre wide footway shall have been provided along the western side of Pathfinder Way over the entire frontage of the site.

 

REASON: In the interests of encouraging sustainable travel to and from the development and providing safe and convenient pedestrian access to the development.

 

30.

Prior to first occupation a lowered kerb informal pedestrian crossing of Pathfinder Way, including tactile paving shall have been provided at the A365 / Pathfinder Way roundabout splitter island, in accordance with details to be first submitted to and approved by the Local Planning Authority.

 

REASON: In the interests of encouraging sustainable travel to and from the development and providing safe and convenient pedestrian access to the development.

 

31.

Prior to any development on the western side of Pathfinder Way part of the development, the existing field gate access to A365 Western Way shall have been properly and permanently closed to vehicles with the existing lowered kerbs replaced by high kerbs, and the grass verge reinstated.

 

REASON: In the interests of preventing inappropriate points of access to the development.

 

32.

Notwithstanding the details submitted, no development shall commence on each phase of the 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. No part of development shall 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 that serve that part of the development have all been constructed and laid out in accordance with the approved details, unless an alternative programming arrangement is agreed in the approved details.

 

REASON: In the interests of highway safety.

 

33.

The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON: In the interests of highway safety.

 

34.

No dwelling hereby approved shall be occupied until a public art scheme for the site and a timetable for installation has been submitted to and approved in writing by the Local Planning Authority. The development shall then 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, to ensure the proposal complies with the relevant public art policies.

 

INFORMATIVE: This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990.

 

INFORMATIVE: The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development.  Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy

 

INFORMATIVE: The applicant is advised that the reserved matters application should include low-rise development to reflect the adjacent development to the south east, and be sympathetic to the heritage and fringe of urban context.

 

INFORMATIVE: 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.

 

INFORMATIVE: The developer is advised, in accordance with the Dorset and Wiltshire Fire and Rescue Service advise to consider the use of sprinkler protection in all domestic properties and in particular any public buildings such as the hereby approved school and nursery facilities. Furthermore consideration should be given to the National Guidance Document on the Provision of Water for Fire Fighting and the specific advice of the Dorset and Wiltshire Fire and Rescue Service on the location of fire hydrants.

 

INFORMATIVE: The developer is advised that under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws the prior written consent (Flood Defence Consent) of the Environment Agency and/or the Lead Local Flood Authority may be required for any proposed works (permanent or temporary) or structures in, under, over or within 8 metres of the top of the bank of the Bowerhill Watercourse, designated a ‘main’ river. The EA advise that a minimum 5 metre clear strip be provided to allow the riparian owner(s) responsible for the maintenance of the watercourse appropriate access to carry out routine maintenance and/or possible future improvement works. The need for any consent is over and above the need for planning consent. The applicant is advised to contact the Environment Agency on 01258 483421 for further information.

 

INFORMATIVE: The developer is advised that safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover:

- the use of plant and machinery

- oils/chemicals and materials

- the use and routing of heavy plant and vehicles

- the location and form of work and storage areas and compounds

- 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

 

INFORMATIVE: The developer is advised that the council will only operate its refuse and recycling services on private land where an indemnity is signed by the landowner. The council will also require an indemnity to operate on any roads prior to their adoption.

 

INFORMATIVE: The developer is advised that any archaeological work required by condition should be conducted by a professional archaeological contractor and there will be a financial implication for the applicant.

 

INFORMATIVE: The developer is advised 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.  Please visit the following websites for more information:

·         http://www.wiltshire.gov.uk/planninganddevelopment/biodiversityanddevelopment.htm

·         https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals

 

INFORMATIVE: The developer is advised that the Protection of Badgers Act 1992 protects badgers from cruel ill-treatment, including damage or destruction of their setts, or disturbance whilst a sett is in occupation. This Act makes it illegal to carry out work that may disturb badgers without a Natural England licence. Particular care should be taken when clearing ground prior to development, and if evidence of badger activity is found, (such as foraging routes, snuffle holes, latrines or established setts), then work must stop immediately while a professional ecologist is contacted for advice. Applicants are advised to pay particular attention to foundation ditches, which can be hazardous to badgers. Sloping boards or steps should be provided to allow badgers to escape from such ditches should they become trapped. Failure to consider this matter, leading to the death of individuals, may leave the developer liable for prosecution. Further information about badgers and licensing can be found at https://www.gov.uk/badgers-protection-surveys-and-licences

 

INFORMATIVE: The developer is advised that the Great crested newt is 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 great crested newts are discovered, all works should stop immediately and a professional ecologist should be contacted for advice on any special precautions before continuing, as a derogation licence may be required from Natural England.

 

INFORMATIVE: The developer is advised that all reptiles are legally protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and planning permission does not provide a defence against prosecution.

 

INFORMATIVE: The developer is advised that under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or to destroy a nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. Trees, scrub and other vegetation, such as dense ivy, are likely to contain nesting birds between 1st March and 31st August. Hedgerows, trees and woodland are present on the application site and should be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certerms, within six months of the date of this meeting: