Agenda item

Reserved Matters Details of Layout, Scale, Appearance and Landscaping for the erection of 123 dwellings and associated open space including play area, attenuation basins, and site infrastructure at Land at Quakers Road, pursuant to Outline Planning Permission 15/01388/OUT.

 

Public Participation

Ms Philippa Morgan, representing the Trust for Devizes, spoke in objection to the application.

Ms Kay Sibley, spoke in objection to the application.

Mr David Whatling, Devizes Sports Club Chairman, spoke in objection to the application.

Ms Rhian Powell, spoke in support of the application.

 

Jonathan James, Senior Planning Officer presented a report which recommended that planning permission be granted with conditions for reserved matters details of layout, scale, appearance and landscaping for the erection of 123 dwellings and associated open space including play area, attenuation basins, and site infrastructure at Land at Quakers Road, pursuant to Outline Planning Permission 15/01388/OUT.

 

Key issues were stated to include the following; the visual impact; the impact on neighbour amenity; the impact on highway safety and air pollution and impacts on the environment and ecology.

 

Photographs and plans of the site were shown to the meeting. The site was to the North of the town centre with good pedestrian links via Quakers Walk which was lined with trees protected by Tree Preservation Orders. Vehicular access to the site would be in the North East corner via Quakers Road to London Road. As well as properties the site would contain play equipment, drainage basins and a pump station in the North West corner. Concerns had been raised regarding the visual impact on the houses on Quakers Walk, this would be mitigated by existing trees and enhanced planting.

 

Concerns had also been raised regarding the possibility of impact on neighbour amenity for three properties on Quakers Road on the Northern Boundary of the site. The shortest distance between these properties boundaries and the proposed dwellings was 10.5m which met national guidelines and therefore would not have a significant impact.

 

The principle of development had already been established for the provision of up to 123 dwellings on this site at outline stage. So, issues such as noise, access to local services, ecology/wildlife, open space, flooding, drainage, air pollution, highway safety and the capacity of infrastructure to accommodate the proposed dwellings had all been considered at that stage. There had been extensive negotiations with the applicant. It was felt that the proposed conditions would mitigate any considerations. The National Planning Policy Framework (NPPF) identifies that there should be a presumption in favour of sustainable development for developments that are in accord with the development plan. The development was considered to comply with the policies of the Wiltshire Core Strategy (2015), the NPPF and the Devizes Area Neighbourhood Plan, therefore the recommendation was to approve with conditions.

 

There were no late observations.

 

Members of the committee then had the opportunity to ask technical questions of the officer. In response to questions from the committee, the Officer stated that; the property boundaries would be 1.8m to 2m high; the plans provided the possibility of access from the site to the neighbouring Devizes Sports Club, although this was not part of the current proposal; the cycleway was a requirement of the original consent by the Secretary of State, however the cycleway would not link to the footpath, the footpath was mainly internal and a strip of land between the site and the footpath was not owned by the applicant so they were unable to link these together, however there would be no physical barrier between the two.

 

Members of the public then had the opportunity to present their views, as detailed above.

 

The unitary division member, Cllr Laura Mayes, spoke in objection to the application. Cllr Mayes explained that whilst a lot of concerns regarding the proposal had been addressed there were issues that still concerned her. For example, the density of housing within the development and the distance from neighbouring properties. The 3 houses on the Northern Boundary were very close (only 10.5m) from the highest density of houses within the proposal. It was suggested that perhaps they could reduce density of houses near these properties and increase density elsewhere in the site where there was more space.  Other issues included the play area, Cllr Mayes felt this would be better as a grassed area rather than concrete. Cllr Mayes also questioned the road in the Northern part of the development. A mitigation on the impact of the iconic and rural beauty of Quakers Walk may be to push the houses forward and move the road behind them. 

 

In response to public statements the officer stated that privacy and light issues had been dealt with in the agenda report. Regarding the density of houses in the Northern part of the site it was stated that there were equally dense areas elsewhere in the site, it was comprised of a mix of densities. The cycle path and play area had been dealt with in the outline consent and the application had been formed from the outline stage.

 

Cllr Mark Connolly proposed a motion to approve the reserve matters application, with conditions, as per the officer recommendation. The motion was seconded by Cllr Paul Oatway, QPM.

 

A debate followed where Cllr Connolly stated that we have to consider the application on its merits and that the committee could not start moving houses around. The application met with the Devizes Neighbourhood Plan (DNP) and Wiltshire Core Strategy (WCS). Although sympathetic to the neighbouring 3 properties identified in the report they could not refuse the application on those grounds.

 

Other Cllrs stated that the proposal was restrained by the outline planning permission. However, the applicant had engaged in over 8 months of discussion and had made design changes to mitigate issues.  It was agreed that the committee could not make detailed changes to the design. The application met with planning policy. Once again, although sympathetic to neighbouring properties there was no valid planning reason to refuse the application.

 

At the conclusion of the debate it was;

 

Resolved:

 

That approval of reserved matters be granted, with conditions, as per the officer recommendation.

 

1.         No development shall commence on site until an enhanced scheme landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:-

•           a Landscape plan that includes all ecological mitigation and enhancement features (in addition to habitats created).

 

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

 

2.         No development shall commence on site until a revised Landscape Maintenance and Management Plan (LMMP), including the requirements and conclusions as set out in the Landscape Architects comments (received on the 5th April 2019; at Appendix 1) has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved in accordance with the approved details.

 

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 the proper management of the landscaped areas in the interests of visual amenity.

 

3.         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.

 

4.         No development or earthworks shall take place until a Root Protection Area (RPA) fence in accordance with BS 5837-2012 Design, Demolition and Construction has been erected and checked by the applicants Arboricultural Consultant, Site Manager and Wiltshire Council Arboricultural Officer. Once the fence has been erected, it shall remain in situ until ALL development or earthworks have been completed. Any changes to the area of fencing must be agreed in writing by the LPA.

 

REASON: In order that the development is undertaken in an acceptable manner, to enable the Local Planning Authority to ensure the protection of trees on the site in the interests of visual amenity.

 

5.         No walls shall be constructed on site, until a sample wall panel for each material, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

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

 

6.         The development hereby approved shall not 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 have all been constructed and laid out in accordance with the approved details.

 

REASON: In order that the development is undertaken in an acceptable manner, to ensure that the roads are laid out and constructed in a satisfactory manner and in the interests of highway safety.

 

7.         No dwelling shall be occupied, until cycle parking facilities have been provided in full and made available for use. The cycle parking facilities shall be retained for use in accordance with the approved details at all times thereafter.

 

REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car.

 

8.         The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: In order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.

 

9.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions/extensions or external alterations, including windows, doors or any other form of openings other than those shown on the approved plans, to the rear elevations of any of the dwellings on plots 1 to 14 of the development hereby permitted.

 

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for any additions/extensions or external alterations, as described above.

 

10.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON: To secure the retention of adequate parking provision, in the interests of highway safety.

 

11.       The development hereby permitted shall be carried out in accordance with the following approved plans schedule.

 

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

 

Plans Schedule:

 

Author	Title	Reference
Thrive	Site Layout	SL.01 H
Thrive	Coloured Site Layout	CSL.01 H
Thrive	Affordable Housing Layout	AHL.01 D
Thrive	Materials Layout	ML.01 D
Thrive	Street Elevations	SE.01 D
Thrive	Adoptions Plan	ADP.01B
Thrive	Olive Floor Plans & Elevations Render	HT.OLI.per D
Thrive	Olive Floor Plans and Elevations Brick	HT.OLI.peb1 A
Thrive	Olive Floor Plans and Elevations Render	HT.OLI.per1 B
Thrive	Olive Floor Plans and Elevations Brick	HT.OLI.peb A
Thrive	Sandford Floor Plans & Elevations Render	HT.SAN.per D
Thrive	Sandford Floor Plans and Elevations Brick	HT.SAN.peb B
Thrive	Shipton Floor Plans & Elevations Brick	HT.SHI.peb C
Thrive	Shipton Floor Plans & Elevations Render	HT.SHI.per D
Thrive	Shipton Floor Plans & Elevations Recon Stone	HT.SHI.pes C
Thrive	Shipton Floor Plans and Elevations Render	HT.SHI.per1 B
Thrive	Somerby Floor Plans & Elevations Brick	HT.SOM.peb D
Thrive	Somerby Floor Plans & Elevations Render	HT.SOM.per C
Thrive	Somerby Floor Plans & Elevations Brick	HT.SOM.peb1 A
Thrive	Walton Floor Plans	HT.WAL.p C
Thrive	Walton Elevations Render	HT.WAL.er B
Thrive	Walton Elevations Render and Brick	HT.WAL erb C
Thrive	Walton Elevations Recon Stone	HT.WAL.es B
Thrive	Woburn Elevations Brick	HT.WOB.eb C
Thrive	Woburn Elevations Render	HT.WOB.er C
Thrive	Woburn Floor Plans	HT.WOB.p C
Thrive	Woburn Elevations Recon Stone	HT.WOB.es B
Thrive	Woodcote Floor Plans & Elevations Brick	HT.WOO.peb D
Thrive	Woodcote Floor Plans & Elevations Render – Option 1	HT.WOO.per1 D
Thrive	Woodcote Floor Plans & Elevations Render – Option 2	HT.WOO.per2 D
Thrive	Woodcote Floor Plans and Elevations Render – Option 3	HT.WOO.per3 A
Thrive	Woodcote Floor Plans & Elevations Recon Stone	HT.WOO.pes D
Thrive	Wroughton Elevations Render	HT.WRO.er C
Thrive	Wroughton Floor Plans	HT.WRO.p C
Thrive	Wroughton Elevations Racon Stone	HT.WRO.es B
Thrive	Wroughton Elevations Brick and Render	HT.WRO.eb B
Thrive	Plots 93 99 Elevations	P93-99.e1 B
Thrive	Plots 93 99 Elevations	P93-99.e2 B
Thrive	Plots 93 99 Plans	P93-99.p1 B
Thrive	Plots 93 99 Plans	P93-99.p2 B
Thrive	Plots 93-100 Elevations	P93-100.e1 B
Thrive	Plots 93-100 Elevations	P93-100.e2 B
Thrive	Plots 93-100 Plans	P93-100.p1 B
Thrive	Plots 93-100 Plans	P93-100.p2 B
Thrive	2BH – Affordable – End Terrace - Floor Plans & Elevations Brick	HT.2BH.peb D
Thrive	2BH – Affordable – Mid Terrace- Floor Plans & Elevations Brick	HT.2BH-1.peb B
Thrive	2BH – Affordable – End Terrace – Floor Plans and Elevations Brick – Option 1	HT.2BH.peb-1 A
Thrive	3BH – Affordable – End Terrace Floor Plans & Elevations Brick	HT.3BH-1.peb C
Thrive	3BH – Affordable – Mid Terrace Floor Plans & Elevations Brick	HT.3BH-2.peb D
Thrive	4BH – Affordable Floor Plans & Elevations Brick	HT.4BH.peb C
Thrive	3BH Affordable – End Terrace Floor Plans and Elevations Render – Option 5	HT.3BH-5.per B
Thrive	3BH Affordable – End Terrace Floor Plans and Elevations Render – Variation A	HT.3BH-A.per A
Thrive	3BH – Affordable – End Terrace Floor Plans and Elevations Brick – Option 3	HT.3BH-3.peb A
Thrive	3BH- Affordable – End Terrace Floor Plans and Elevations Brick - Option 4	HT.3BH-4.peb A
Thrive	3BH- Affordable – End Terrace Floor Plans and Elevations Brick - Option 5	HT.3BH-5.per A
Thrive	Boundary Details	BD.01.e.A
Thrive	Boundary Details	BD.02.e.A
Thrive	Boundary Details	BD.03.e.B
Thrive	Bike Store Floor Plans & Elevations	BS.pe B
Thrive	Refuse Strategy	RS.01 D
Thrive	Double Garage Plans & Elevations Brick	DG.peb.1 A
Thrive	Double Garage Plans & Elevations Render	DG.per.1 A
Thrive	Single Garage Plans & Elevations Brick	SG.peb.1 A
Thrive	Single Garage Plans & Elevations Render	SG.per.2 A
Thrive	Single Garage Plans & Elevations Stone	SG.pes.3 A
Thrive	Twin Garage Plans & Elevations Brick	TG.peb.1 A
Thrive	Twin Garage Plans & Elevations Render	TG.per.2 A
Thrive	Twin Garage Plans & Elevations Stone	TG.pes.3 A
Hydrock	Highway Longitudinal Sections Sheet 1 Road 1 CH 0-300	1200 P4
Hydrock	Highway Longitudinal Sections Sheet 2 Road 1 CH 110-406	1201 P4
Hydrock	Highway Longitudinal Sections Sheet 3 Road 2, 3 & 4	1202 P4
Hydrock	Highway Longitudinal Sections Sheet 4 Road 5,6, 7 & 8	1203 P4
Hydrock	Manhole Schedule Sheet 1	1300 P8
Hydrock	Manhole Schedule Sheet 2	1301 P8
Hydrock	Engineering Appraisal	1500 P13
Hydrock	Drainage Strategy	1600 P14
Hydrock	Surface Water Exceedance Flow Paths	1601 P5
Hydrock	Attenuation Cross Sections	1602 P3
Hydrock	Vehicular Tracking Sheet 1 Inset 1-9	1900 P9
Hydrock	Vehicular Tracking Sheet 2 Inset 10-18	1901 P8
Hydrock	Vehicular Tracking Sheet 3 Inset 19-25	1902 P8
Hydrock	Vehicular Tracking Sheet 4 Fire Tender and Visibility	1903 P8
Hydrock	Surface Water Outfall Detail	2000 P7
Hydrock	Proposed Offsite Sewer Works Application Boundary	2001 P4
Hydrock	Typical Highway Construction Details	0401 P2
Hydrock	Drainage Technical Note	28 March 2019
Hydrock	Flood Risk Assessment	28 March 2019
Hydrock	SuDS Maintenance & Management Plan	DRD-D-5003 August 2018
MHP	Landscape Proposals Sheet 1 of 2	18076.101 I
MHP	Landscape Proposals Sheet 2 of 2	18076.102 I
MHP	LEAP Proposals	18076.201 D
MHP	Landscape Maintenance Management Plan	Updated version 6, March 2019
MHP	Wet Pond Proposals	18076.111 C
MHP	Wet Pond Proposals	18076.112 A
EDP	Arboricultural Method Statement	Edp4643_r002_A
EDP	Arboricultural Addendum Statement	edp4643_r004a_B
BSG	Ecological Appraisal Report	6 August 2018
BSG	Ecological Management Plan	10 August 2018
BSG	Addendum to ecology report	2 January 2019

 

 

12.       INFORMATIVE TO APPLICANT: The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) 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 see Natural England’s website for further information on protected species.

 

13.       INFORMATIVE TO APPLICANT: This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the 25th October 2016 and the conditions imposed under application 15/01388/OUT reproduced below.

 

For Information - Schedule of conditions imposed by the Secretary of State on the outline planning permission for the site - 15/01388/OUT

 

1) No development hereby permitted shall commence in any phase until plans and particulars specifying the detailed proposals for all of the following aspects of the same, herein called "the reserved matters", have been submitted to and approved in writing by the Local Planning Authority for that phase.

(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. Any reserved matters application pertaining to layout shall include the details of the access to the Rugby Club, as shown on the Illustrative Masterplan (Rev 003), dated January 2015 and shall make provision for a 35 metre buffer zone with Quakers Walk.

 

2) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission.

 

3) The development hereby permitted shall be commenced 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.

 

4) The development hereby permitted shall be carried out in in accordance with the approved plans Site Location February 2015; Site Boundary February 2015; and broadly in accordance with the Development Framework Revision 005 January 2015, with the provision of a landscaped buffer to Quakers Walk of a minimum width of 35 metres.

 

5) No development shall take place until a phasing scheme has been submitted to and agreed in writing by the Local Planning Authority.

 

6) No development shall commence on site until an Ecological Management Plan has been submitted to and approved in writing by the local planning authority. This should include details of:

a) Habitat creation and management measures along Quaker's Walk;

b) Mitigation measures for reptiles;

c) Monitoring for Annex II bat species;

d) Enhancements for Wiltshire BAP habitats/species.

For clarity, these details should be represented on a site drawing. All development shall be carried out in accordance with the approved Ecological Management Plan.

 

7) No development shall commence on site until a Construction Environmental Management Plan, incorporating pollution prevention measures together with precautionary timings and working practices to prevent adverse impacts to sensitive habitats and species, has been submitted to and approved in writing by the local planning authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

 

8) No external lighting shall be installed without the prior approval of the local planning authority. Any request for external lighting submitted pursuant to this condition shall include details of the type of light fitting and information regarding its position, height, orientation and power. The lighting shall be installed in accordance with the approved details and it shall not thereafter be modified unless agreed beforehand in writing by the local planning authority.

 

9) No development shall commence on site until a Construction Method Statement, which shall include 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 location of construction compound(s) and positions for site office(s);

e) the erection and maintenance of any security hoarding/fencing;

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) hours of construction, including deliveries;

i) wheel washing facilities.

has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period.

 

10) No development shall commence on site until details of protective fencing for the trees along Quakers Walk have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall accord with British Standard 5837 (2012): 'Trees in Relation to Design, Demolition and Construction - Recommendations' and the information shall include details of the type of fencing to be used and its position. Once the fencing has been erected it shall be maintained for the duration of the works and no vehicle, plant, temporary building or materials, including raising or lowering of ground levels, shall be allowed within the protected area(s).

 

11) 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 submitted to and approved in writing by the local planning authority which demonstrates that this level or equivalent has been achieved.

 

12) No development shall commence on site until details of existing and proposed ground levels across the site (including within the Quakers Walk buffer zone), proposed slab levels and details of spoil disposal have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

13) Prior to occupation of the 30th dwelling a 3 metre wide shared use cycleway shall have been provided and made available for use to enable connection with the existing shared use path in front of 65B Quakers Road, running parallel to Quakers Walk, and connecting at its south western end to Quakers Walk, as indicated in outline on the Development Framework plan January 2015.

 

14) No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access / driveway), incorporating sustainable drainage details together with permeability test results to BRE365 plus if a discharge to the canal is proposed details of the Canal & River Trust approval and details of ownership of attenuation ponds, and maintenance regimes, has been submitted to and approved in writing by the Local Planning Authority. Any scheme proposing drainage ponds in the 35 metre buffer zone shall demonstrate how their construction and use is compatible with the purpose of the buffer zone to provide an informal and safe landscaped area. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

15) No development shall commence on site until a scheme for the discharge of foul water from the site, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details and no dwelling shall be occupied until the necessary works serving that dwelling have been completed and made operative in accordance with the approved details.

 

16) No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details.

 

17) Prior to the commencement of development, a scheme setting out the boundary treatment to the adjoining Rugby Club shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented prior to the occupation of dwellings.