Agenda item

Public participation:

 

Mr Richard Greenwood spoke in support of the application

Councillor Rooney of Salisbury City Council spoke in objection to the application

Councillor Lindley of Salisbury City Council spoke in objection to the application

Councillor Richard Clewer, local member, spoke in support of the application

 

The Planning Officer introduced the report which was recommended for approval and drew members’ attention to the late list which confirmed that a signed unilateral undertaking (dated 6^th October) and cheque payment for the outstanding commuted sum had been received by the Council.

 

A debate ensued during which concerns regarding overdevelopment and parking issues were raised.  The committee requested that an additional condition be added to restrict the hours of operation of the commercial units.

 

Resolved:

 

That planning permission be granted for the following reasons:

 

In principle, the redevelopment of this site for residential purposes is considered acceptable, and preferable to the previous petrol station use, and in line with government guidance.

In design terms, the scheme is similar in approach compared to the previous 2005 approved scheme. The redevelopment of the site for residential purposes and a modest commercial use is likely to have far less impact than the previous petrol filling station use, and the scheme has been sensitively designed to avoid any significant loss of privacy or overshadowing of adjacent neighbours. The use of the site for residential purposes has not been objected to by the EHO. The redevelopment of the site is likely to have less impact in traffic terms than the previous commercial use, and given its sustainable location, is likely to encourage use of sustainable modes of transport other than the private car.

The applicant has entered into a legal agreement which provides contributions towards off site open space and educational facilities.

The proposal is considered to be in accordance with the aims and objectives of the following saved policies in the Salisbury Local Plan namely:

G1 – Sustainable Development

G2 – General Development Control Criteria

D1 – Design Criteria

D2 – Design Criteria

R2 – Public Recreational Open Space

H8 – Housing Policy Boundary

TR11- Off Street car parking

TR14 – Provision of cycle parking

R2 – Recreational open space

E16 – Loss of Employment.

 

And subject to the following conditions:

 

(1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:  To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

(2) No development shall commence until full details of the cycle storage provision to include the design and timing for provision and the allocation to users shall be submitted to, and approved in writing by the Local Planning Authority, and the development shall subsequently accord with the approved scheme.

 

Reason: To ensure that adequate and suitable cycle parking spaces are available to the residents of the development.

 

Policy: TR14 (Provision of cycle parking).

 

(3) The 3 parking spaces on the approved plan shall be kept clear of obstruction at all times and shall not be used other than for the parking of vehicles in connection with the development hereby approved.

 

Reason: In the interests of highway safety.

 

Policy: G2 (General)

 

(4) No development shall commence until details of the provision within the site for the disposal of surface water to prevent its discharge onto the highway, have been submitted to and approved in writing by the Local Planning Authority.

 

Reason:  In the interests of highway safety.

 

Policy: G2 (General)

 

(5) No development shall commence until full large scale drawings and details (1:10 scale) of all architectural features including door and window surrounds, window heads/sills, windows, doors and rainwater goods have 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:  To secure a harmonious form of development.

 

Policy: G2 (General), D2 (Design)

 

(6) No development shall commence until a schedule of external facing materials of the roof and walls (including, bricks, render and mortar colour) has been submitted, and where so required sample panels of the external finishes shall be constructed on the site and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

 

Reason:  To secure a harmonious form of development.

 

Policy: G2 (General), D2 (Design)

 

(7) No development shall take place until full details of the proposed landscaping to include the design and timing for provision shall be submitted to, and approved in writing by the Local Planning Authority, and the development shall subsequently accord with the approved scheme.

 

Reason:  In the interests of the amenity of the development.

 

Policy: G2 (General), D2 (Design)

 

(8) No development shall commence until a scheme for the management of the construction of the development, including times of operations and details of how amenities and the adajcent highway are to be protected, has been submitted to and approved in writing by the local planning authority.  The scheme shall be devleoped as agreed.

 

Reason:  In the interest of amenity.

 

Policy: G2 (General)

 

(9) No development shall commence until a scheme to minimise the detrimental effects to the water interests of the site and the risks of pollution during the construction phases shall be submitted to and agreed in writing by the local planning authority.  The development shall be carried out in accordance with the agreed scheme.

 

Reason:  To minimise the detrimental effects to the water interests of the site and the risks of pollution during the construction phase.

 

Policy: G2 (General)

 

(10)  No development shall commence until a noise and air pollution attenuation scheme for the flats has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include the glazing specification to the flats,  full details of the acoustic and air ventilation systems, and full details of the acoustic insulation between flats 1 and 2 and the ground floor commercial units and the flats above.  The flats shall not be occupied until the approved scheme has been completed in accordance with the approved details.

 

Reason:  In the interests of the amenities of the occupiers of the proposed flats.  The site is located adjacent to a very busy and noisy road junction and gyratory system, is in an Air Quality Management Area, the application proposes commercial units below residential flats and due to the arrangement of living accommodation within flats 1 and 2.

 

Policy: G2 (General)

 

(11) No development shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the agreed scheme.

 

Reason: In the interests of sustainable development.

 

Policy: G1(Sustainable development)

 

(12) Prior to the first occupation of the development hereby approved, the existing vehicular access and public footway along the Devizes Road (spur) frontage of the Development shall be replaced by a new section of footway to adoptable standards, details of which are to be submitted to and agreed in writing by the Local Planning Authority, prior to commencement of development.

 

Reason:  In the interests of highway safety and amenities.

 

Policy: G2 (General)

 

(13) Prior to the first occupation of the flats hereby approved, a contaminated land validation report by a competent contaminated land consultant shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason:  In order to ensure a suitable scheme of decontamination for the site in the interests of public health and safety.

 

Policy: G2 (General)

 

(14)  The use of the commercial premises on the ground floor of the development shall be solely limited to uses within Classes A1 Retail or B1a) Offices of the (Town and Country Planning) Use Classes Order 1995 as amended in 2005 (or any Order revoking or altering that Order).

 

Reason: In the interests of the amenity of the area and highway safety, to allow the Local Planning Authority to consider any future proposals for a change of use having regard to the circumstances of the case.

 

Policy: G2 (General)

 

(15) This development shall be in accordance with the following drawings:

428.04/PL1A Location Plan

248.04PL12E Proposed Elevations Wilton & Devizes Road

428.04/PL16A Proposed Elevation to roundabout

428.04/PL6D Proposed plans ground floor

428.04/PL7D Proposed plans first floor

428.04/PL8C Proposed plans 2nd floor

428.04/PL9C Proposed plans roof

248.04/PL15B Proposed section & details Wilton & Devizes Road

248.04/PL13B Proposed elevations courtyard 1 & 2

 

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

 

(16) The use of the commercial premises on the ground floor shall only take place between the hours of 07:00 to 23:00 Mondays to Saturday and 08:00 to 18:00 on Sundays and Bank Holidays and the delivery/collection of goods to and from the site shall only take place between the hours 07:00 to 20:00 Mondays to Saturday and 08:00 to 18:00 on Sundays and Bank Holidays.

 

Reason:  In the interests of amenity given the proximity of the residential units above.

 

Policy: G2 (General)

 

Informative:- Contaminated Land Validation Report

Condition 13

The validation report should state that the site has been rendered suitable for its end use and should include measures tkane should further contamination be discovered during development work and should the design change to incorporate planting or communal garden, then details of the suitability of the soil in that area for that use.

 

Informative:- Highways

Condition 12

The developer is informed that, in order to construct a new vehicular access to the proposed development, the existing limited waiting traffic regulation order fronting the development must be amended at the expense of the developer.  Prior to obtaining consent from the highway authority for the new vehicular footway crossing, the applicant/developer must ensure that the cost of amending the order, estimated at £4,000 is paid to Wiltshire Council.  The Council will then programme the making of the amendment to the order, but cannot guarantee that the order will be made, if objections are received.  The applicant/developer should therefore contact the Council at the earliest opportunity to ensure that the order can be duly made and sealed in good time to meet the developer's programme for development.

 

Informative:- Residents Parking Zones and Permits 

The applicant/owner is advised that the occupants of the new properties hereby granted planning permission may not be entitled to parking permits under the residents parking scheme operating in this area, including additional units resulting from the conversion of properties to flats. You are advised to contact Parking Services 01722 434326 should you require any further information regarding the issuing of residents parking permits by the Council.

 

Informative - Environment Agency

Condition 11

The development should include water efficient systems and fittings.  These should include dual flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating.  Greywater recycling and rainwater harvesting should be considered.

Any submitted scheme should include detailed information (capacities, consumption rates etc) on proposed water saving measures.  Please do not include manufacturer's specifications.  Applicants are advised to refer to the following for further guidance:

http://www.environment-agency.gov.uk/homeandleisure/drought/38527.aspx

http://www.saverwatersavemoney.co.uk/

 

Sustainable construction

Sustainable design and construction should be implemented across the proposed development.  This is important in limiting the effects of and adapting to climate change.  Running costs for occupants can also be significantly reduced.  The Code for Sustainable Homes should be complied with, achieving the highest level possible.  For details on compliance with the Code the applicant is advised to visit:

http://www.communities.gov.uk/publications/planningandbuilding/codesustainabilitystandards.

 

Pollution Prevention During Construction

Condition 9

Safeguards should be implemented during the construction phase to minimise the risks of pollution and detrimental effects to the water interests in and around the site.  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 and the control and removal of spoil and wastes.  We recommend the applicant refer to our Pollution Prevention Guidelines which can be found at:

http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx

 

Waste Management

Should this proposal be granted planning permission, then in accordance with the waste hierarchy, we wish the applicant to consider reduction, reuse and recovery of waste in preference to off site incineration and disposal to landfill during site construction.  If any controlled waste is to be removed off site, then the site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility.

If the applicant requires more specific guidance it is available on our website:

www.environment-agency.gov.uk/subjects/waste/

In England, it is a legal requirement to have a site waste management plan (SWMP) for all new construction projects worth more than £300,000.  The level of detaiul that your SWMP should contain depends on the estimated total build cost, excluding VAT.  You must still comply with the duty of care for waste.  Because you will need to record all waste movements in one document, having a SWMP will help you to ensure you comply with the duty of care. Further information can be found at

http://www.netregs-swmp.co.uk.