Agenda item

1

The development hereby permitted shall be begun either before the expiration of five 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;

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 five 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 details of the 'layout of the development' to be submitted under condition no. 2 shall be broadly in accordance with the Proposed Land Use Plan (no. PL02 (rev 1)) dated 24 March 2017.

REASON:  To clarify the terms of the planning permission and to accord with the documentation that supported the application, this in the interests of amenity.

5

The details of the 'scale of the development' to be submitted under condition no. 2 shall be strictly in accordance with the Scale and Massing Plan (no. PL03 (Rev 1)) dated 24 March 2017.  In particular, buildings/structures to be erected in 'Zone B' shown on the Plan shall not exceed 22m in height and project above 184m AOD; and buildings/structures in 'Zone A' shall not exceed 8m in height and project above 188m AOD.

REASON:  To clarify the terms of the planning permission and to accord with the documentation that supported the application, this in the interests of amenity.

6

The details of the 'layout of the development' and the 'appearance of the development' to be submitted under condition no. 2 shall include plans of all proposed earthworks including screen bunds.  The details shall include the proposed grading and mounding of land areas and the levels and contours to be formed, and the nature and source of the material, showing the relationship of proposed mounding to existing vegetation and surrounding landform. The development shall not be first occupied by guests or visitors until such time as the earthworks have been carried out in accordance with the details approved.  

REASON: Earthworks and screen bunds are proposed but there is insufficient detail in the outline application to enable approval of the details at this stage.  Detailed approval is required at the reserved matters stage in the interests of ensuring the amenities of the site and surroundings are safeguarded.

7

The details of the 'layout of the development' to be submitted under condition no. 2 shall include internal vehicular accesses, turning spaces and parking provision in accordance with the standards set out in the Wiltshire Council Local Transport Plan 2011-2026, or any plan replacing this.  No part of the development shall be first occupied by guests or first used by visitors until the internal accesses, turning areas and parking spaces have been completed in accordance with the approved plans. The areas shall be maintained for their planned purposes at all times thereafter.

REASON: In the interests of highway safety.

8

No part of the development hereby approved shall be first occupied or first used by paying guests or visitors until the 'means of access to the site' has been completed and all associated works carried out fully in accordance with the details set out in drawing no 0745-010 Rev C by KTC dated 17/01/17 ('Proposed Junction Improvements for Folly Lane/A362 Junction') and drawing no. 0745-009 Rev A by KTC dated 17/01/17 ('Proposed Entrance Layout from Folly Lane') forming part of the Design and Access Statement by Longleat Enterprises Ltd dated February 2017, and drawing no. 'Figure A2' by KTC dated 04/17 ('Potential Junction Improvements to Cley Hill Roundabout'). 

REASON:  To accord with the terms of the planning application, and to ensure highway safety and maintain the free flow of traffic on the wider highway network.

9

Prior to Folly Lane being used by any construction traffic associated with the development hereby approved, a survey of the whole route of Folly Lane to be used in connection with the development shall be carried out in accordance with a scheme which shall have been first submitted to and approved in writing by the local planning authority.  The scheme shall make provision for survey techniques which allow for the local planning authority to retain both a photographic record of the carriageway and roadside verges (hard and soft) and a non-invasive structural test of the integrity of the road. The results of surveys shall be provided to the local planning authority for ratification within 1 month of completion.

REASON: In the interests of highway safety, and to ensure that damage caused by construction traffic can be identified, on a comparative basis, and addressed through appropriate highway law.

10

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 or of any of the buildings by guests or visitors, 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.

11

The 'multi-purpose entertainment and immersive animal experience' elements of the development hereby approved shall function as ancillary to the hotel and conference facilities only and shall not operate as standalone destinations / visitor attractions in their own right.

REASON:  To accord with the terms of the application, and to safeguard the amenities of the locality and to avoid inconvenience being caused by additional traffic to users of the wider highway network.

12

Prior to the first use by paying guests or visitors of the buildings to be erected in the ‘multi-purpose entertainment and associated parkland, associated development area’ on the Proposed Land Use Plan, an Event Management Plan for this area shall be submitted to the local planning authority for approval in writing.  The Event Management Plan will set out in generic terms the types of events that will be held, and that will not be held, in that area.  For those to be held it will define how the events will be managed, this in terms of controlling numbers of guests/visitors at the events and the management of those guests before, during and after the events.  Thereafter events at the site shall be managed in accordance with the approved Event Management Plan.

REASON:  The application contains insufficient information to finalise an Event Management Plan at this time.  The Plan is required to safeguard the amenities of the locality and to avoid inconvenience being caused by additional traffic to users of the wider highway network.

13

No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until a Tree Protection Plan showing the exact position of each tree/s and their protective fencing in accordance with British Standard 5837: 2012: "Trees in Relation to Design, Demolition and Construction -Recommendations"; has been submitted to and approved in writing by the Local Planning Authority, and;

The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 "Tree Work - Recommendations" or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

[In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and the paragraphs above shall have effect until the expiration of five years].

REASON:  To safeguard and protect trees to be retained in the interests of amenity.

14

A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by the Local Planning Authority before first occupation of the development. The content of the LEMP shall include, but not necessarily be limited to, the following information:

a)            Details of the Management Company responsible for implementing the plan

b)           Consolidation of all mitigation elements relevant to the LEMP from the Ecological Impact Assessment Ecosulis, February 2017, Version 8

c)            The extent of all ecological and landscape features to be managed located up on a scaled plan

d)           Aims of management for each feature

e)            Management prescriptions for each feature

f)             Monitoring, including monitoring of dormouse boxes

g)           5 year work schedule capable of being rolled forward

h)           Mechanism for reviewing the plan

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.

15

No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage details have been submitted to and approved in writing by the local planning authority.  Illumination levels shall not exceed those specified for Environmental Zone 1 as set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)".  The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed without further approval under this condition.

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

16

(a)   Prior to first use of the hotel, the water park and the conference facilities by paying guests and/or visitors an Operational Noise Management Plan (ONMP) and an Event Noise Management Plan (ENMP) for these elements shall be submitted to the local planning authority for approval in writing.  Thereafter these elements of the development shall be managed strictly in accordance with the terms and limitations set out in the approved Plans.

(b)   Prior to commencement of the immersive animal experience elements of the development hereby approved an Operational Noise Management Plan (ONMP) for these elements shall be submitted to the local planning authority for approval in writing.  Thereafter these elements of the development shall be managed strictly in accordance with the terms and limitations set out in the approved Plan.

(c)   Notwithstanding (a) and (b) above, at all times all building services, plant and machinery forming any part of the development shall be so sited and designed in order to achieve a Level of -10dB below the lowest measured background noise level, determined to be LA90 (15min)dB at the nearest noise sensitive receptor.  For the purposes of this condition, measurements and assessments shall be carried out in accordance with BS4142:2014.

REASON:  In the interests of amenity.

17

No development shall commence on site until a scheme for the discharge of surface water from the site, incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use or first occupied until surface water drainage has been constructed in accordance with the approved scheme.

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 ensure that the development can be adequately drained.

18

Disposal of foul water from the site shall be strictly in accordance with off-site network 'Option 1' or ‘Option 4’ as set out in the Drainage Strategy (revision 1) by Burohappold Engineering dated 19 June 2017.

REASON: To accord with the terms of the application and to ensure adequate capacity in the wider foul water network.

19

No development shall commence on site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) 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'

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)

d)         The location and timing of sensitive works to avoid harm to biodiversity features

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.

i)          On-going 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 competent person(s), certifying that the required mitigation and/or compensation measures identified in the CEMP have been completed to their satisfaction, shall be submitted to the Local Planning Authority 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.

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

20

No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the construction phase of the development. It shall include details of the following:

·           The movement of construction vehicles;

·           The cutting or other processing of building materials on site;

·           Wheel washing and vehicle wash down facilities;

·           The transportation and storage of waste and building materials;

·           The recycling of waste materials (if any)

·           The loading and unloading of equipment and materials

·           The location and use of generators and temporary site accommodation

·           Pile driving (If it is to be within 200m of residential properties)

The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.

REASON:  To safeguard amenity.

21

No construction or demolition work using machinery or power tools shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

REASON:  To safeguard amenity.

22

In the event of a stopping-up or diversion order being made in relation to right of way WARM66, within 12 months of it being stopped-up or diverted the proposed separate 'new' right of way between Folly Lane and WARM1 shall be provided in accordance with a scheme to be first submitted to and approved in writing by the local planning authority.  Thereafter, the new right of way will become a definitive right of way and retained as such thereafter.

REASON:  To accord with the terms of the planning permission and ensure continued and beneficial connectivity within the local rights of way network.

23

During construction and thereafter air quality management controls shall be implemented in accordance with the 'mitigation measures' set out in the Air Quality Assessment report by Burohappold Engineering dated Feb 2017 and forming part of the planning application.

REASON:  To comply with the terms of the application and to ensure existing air quality levels are maintained.

24

The development hereby approved shall be constructed and thereafter operated strictly in accordance with the 'Travel Plan Measures' set out in the Framework Travel Plan by Key Transport Consultants Ltd dated February 2017 and accompanying the planning application.  Thereafter the Travel Plan Measures shall be monitored and reviewed in accordance with the 'Monitoring and Review' programme also set out in the Framework Travel Plan; and results of surveys and copies of the monitoring reports shall be made available to the local planning authority when requested.  Should the reports recommend changes to the Framework Travel Plan then such changes shall be first agreed in writing with the local planning authority prior to implementation.

REASON:  To accord with the terms of the application, and in the interests of highway safety and transport sustainability.

25

No part of the hotel building hereby approved shall be commenced until evidence that 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 building 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 the development.

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

26

No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

1. A preliminary risk assessment which has identified:

a.    all previous uses;

b.    potential contaminants associated with those uses;

c.    a conceptual model of the site indicating sources, pathways and receptors; and

d.    potentially unacceptable risks arising from contamination at the site.

A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

2. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

3. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

REASON:  To ensure that the development is not put at unacceptable risk from, or adversely affected by, unacceptable levels water pollution in line with paragraph 109 of the National Planning Policy Framework.

27

The details reserved by this planning permission (the 'reserved matters') shall incorporate the ecology mitigation measures set out in the Ecological Impact Assessment (Issue 8 - 19 June 2017) by Ecosulis and forming part of the application.

REASON:  To safeguard ecology interests.

28

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

PL01 (rev 0) dated 10/01/17 - Site Location Plan

PL02 (rev 1) dated 24/03/17 - Land Use Parameter Plan

PL03 (rev 1) dated 24/03/17 - Scale and Massing Plan

PL04 (rev 1) dated 04/04/17 - Access & Movement Parameter Plan (footpaths)

PL05 (rev 1) dated 24/03/17 - Access & Movement Parameter Plan (vehicles)

PL06 (rev 1) dated 24/03/17 - Indicative Master Plan

0745-007A dated 17/01/17 - Proposed Entrance Layout from Folly Lane

0745-009A dated 17/01/17 - Proposed Entrance Layout from Folly Lane

Fig A2 dated 04/17 - Potential Junction Improvements to Cley Hill Roundabout

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

29

INFORMATIVE TO APPLICANT:

Definitive public right of way 'WARM66' crosses the site.  No works affecting this right of way and/or no stopping-up of this right of way may commence unless or until a stopping-up or diversion order has come into effect.  The applicant must apply separately to Wiltshire Council for such an order, and it cannot be presumed that the granting of this planning permission will automatically be followed by the making of the order. 

If Wiltshire Council makes an order and any objections to it cannot be resolved, the matter will be referred to the Secretary of State for determination.  The Planning Inspectorate will make the determination on behalf of the Secretary of State.

30

INFORMATIVE TO APPLICANT:

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.

31

INFORMATIVE TO APPLICANT:

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.