Agenda item

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.

 

The Committee then received statements from the following members of the public expressing their views regarding this application:-

 

Mr John Davenport, a local resident, spoke objecting to the proposal.

Mrs Audrey Shotton-Gale, a local resident, spoke objecting to the proposal.

Cllr Allison Bucknell, a local resident, spoke objecting to the proposal.

 

On hearing the views of Cllr Toby Sturgis, as local Member, and after discussion,

 

Resolved:  To grant planning permission, subject to the conditions set out below, for the following reason:-

 

This is a satisfactory form of development in principle and in terms of access layout and scale. Therefore it is considered acceptable for outline planning permission to be granted as the proposal complies with policy TM4. The future submission of details in respect of this scheme should be able to ensure that the proposal complies with policies NE15 and C3 of the Local Plan 2011.

 

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 external appearance of the development;

(b)   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.  No development shall commence on site until details of the materials, sections through the canal at a scale of 1:20, engineering drawings including section details at a scale of 1:50 through the proposed bridge and engineering drawings including details at a scale of 1:50 of the lock gates to be constructed have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

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

 

POLICY – C3

 

4.  No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

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

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

(k) retained historic landscape features and proposed restoration, where relevant.

 

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

POLICY- C3

 

5.  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 building(s) 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.

 

POLICY- C3

 

6.  (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or     lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

(b)  If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

(c)  No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later.

 

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

POLICY-C3

 

7.  Prior to the commencement of any development on this site an updated habitat survey complete with recommendations and where necessary mitigating actions, carried out by a suitably qualified person, shall be submitted and approved by the Local Planning Authority. Thereafter any works shall be carried out and retained in accordance with any recommendations and or mitigating action that is suggested by the survey.

 

REASON: To mitigate against the loss of existing biodiversity and nature habitats.

 

POLICY: Planning Policy Statement 9: Biodiversity and Geological Conservation.

 

8.      No development shall commence until the applicant and the local planning authority have entered into a  legally binding agreement to include the following matters:

 

1) timetable for carrying out the works with appropriate milestone times for stages of the works  

2) measures to restore the site should the works not be completed within the agreed timescales

 

REASON: To ensure that the works are completed in a manner that minimises disturbance to the local community and minimises any adverse impact upon the local environment in accordance with Policy C3 of the North Wiltshire Local Plan 2011

 

Informatives

 

1.  The applicant should note that under the terms of the Wildlife and Countryside Act 1981 and Countryside and Rights of Way Act 2000, it is an offence to disturb nesting birds or roosting bats.  You should note that the work hereby granted consent does not override the statutory protection afforded to these species and you are advised to seek expert advice if you suspect that the demolition would disturb any protected species. For further advice, please contact the district ecologist at Wiltshire Council.

 

2.  The consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

 

3.  The applicant should note that where permission to remove a hedgerow is given, if the hedgerow is not removed within two years of the date the application was received by the Local Planning Authority a further notice must be submitted for its removal.

 

4.  This decision relates to documents/plans submitted with the application, listed below. No variation from the approved documents should be made without the prior approval of this Council. Amendments may require the submission of a further application.  Failure to comply with this advice may lead to enforcement action which may require alterations and/or demolition of any unauthorised buildings or structures and may also lead to prosecution.

 

Site location plans scale 1:10000 and 1:2500, footpath plan, phase one habitat survey method statement, plan cross section 1:20, road realignment 1:500, photos all date stamped 29/04/10