Agenda item

Public participation

 

Zoe Alderman, local resident, spoke in support to the application.

 

Isaac Deberker, local resident, spoke in support to the application.

 

Jim Cook, on behalf of the applicant, spoke in support to the application.

 

Robert Elkins, the agent, spoke in support to the application.

 

The Planning Officer, Charmian Eyre-Walker, introduced a report which recommended granting planning permission, subject to conditions, for a climbing centre and skate park with associated landscaping and the development of the Westmead recreation ground and open space.

 

Key issues highlighted included: principle of development; impact on flooding/flood storage capacity; drainage; impact on Chippenham Conservation Area; access and parking/impact on highways; design and impact on visual residential amenity; ecology; noise and lighting.

 

Members of the Committee then had the opportunity to ask technical questions of the officer which focused on: the maintenance of the community engagement of the applicant; sustainable construction techniques; the design of the railings and fencing and external lighting concerns.

 

The Planning Officer addressed some of the questions raised by the Committee.

 

Members of the public then had the opportunity to address the Committee, as

detailed above.

 

Cllr Peter Hutton, on behalf of the Division Member, spoke regarding the application with the main points focusing on the application process, the applicant’s engagement with the local community and the development’s value as a community asset.

 

At the start of the debate a proposal was moved by Cllr Peter Hutton, seconded by Cllr Gavin Grant, to grant planning permission as detailed in the report and subject to additional conditions regarding external lighting, community engagement, the impact of flood water compensation on the adjacent trees, sustainable construction techniques and the character and appearance of the area as detailed below.

 

During the debate the main points raised were: sustainable construction techniques; external lighting concerns; the impact on flooding/flood storage capacity and the design of all railings, fences, gates, walls, bollards and other means of enclosure.

 

 

 

Resolved

 

That planning permission is approved 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 on site until the exact details and samples of the materials to be used for the external walls and roofs 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: 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, in the interests of visual amenity and the character and appearance of the area.

 

 

3.    All soft landscaping comprised in the approved details of landscaping (shown on plan dwg. no. 493/PL/18 rev: A) 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.    The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

 

Plans:

 

Site location plan

237 - P401 Proposed Site Plan.pdf

237 - S501 Civil Detail.pdf

237-P702 Visual.pdf

237-P701 Visual.pdf

Bike shelter plans

Bins store plans

Example BBQ plans

Proposed Elevations 1 493/PL/13

Proposed Elevations 2 493/PL/14

Proposed sectional elevations 493/PL/15

Proposed activity zone site plan

Ground Floor Plan 493/PL/8

1st Floor Plan 493/PL/9

 

all submitted 30/11/2018

 

Site in Context Plan 493/PL/35 received 23/07/2019

Landscaping Plan 493/PA/18A received 19/02/19

 

Reports :

 

Acoustic -

Updated report - 30/05/19 Ref - 7412 Westmead Climb and Skate Park RevD.pdf

Further comments received 13/02/19 and 18/06/19

 

Transport -

Updated statement and travel plan submitted 17/06/19 - Ref - Wmd Hub TS v3-3A

 

Drainage -

FRA - 08/02/19 - Ref 657-RO1-2 Westmead

Sustainable drainage -  06/02/19 -657-D03-B Sustainable Drainage Strategy-A1.pdf

Comments to Richard Williams - 22/02/19

Updated Sequential Test - 20/02/19

Update Exception test issued 13/03/2019 - 657-R02-1 Westmead Hub Phase 1 Exception Test[1].pdf

 

Soil Investigation - (PART 1 - 5) - 30/11/19

 

Site Waste Audit - 30/11/19

 

Urban design -

Landscape and visual impact assessment - 30/11/18

Statement of Community Involvement - 30/11/18

Design and Access Rev B - 20/02/19

 

Arb Statement  - 18/01/19 

 

Archaeological - 30/11/18

Westmead Playing Fields Assessment PART 1&2.pdf

J765 Westmead Playing Fields mag survey report.pdf

J765 Westmead Playing Fields geophysics WSI.pdf

Archeological statement - Mike Stone.pdf

 

Ecology - 30/11/18

EEL120R171222SP Westmead Hub Extended Phase 1 Survey Report CIC v1.0.pdf

EEL120 - Areas to avoid for bats.pdf

 

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

 

 

5.    The use of the outdoor climbing wall and skate park hereby permitted shall only take place between the hours of 08:00 time in the morning and 20:00 in the evening on any day.

 

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

 

 

6.    No development shall commence on site until:

a)   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

 

b)  The approved programme of archaeological work has been 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 enable the recording of any matters of archaeological interest.

 

 

7.    The development shall be carried out in complete accordance with the Arboricultural Method Statement and Tree Protection Plan received on 18th January 2019.  Any changes necessary as a result of addressing the requirements of condition 10 shall have been submitted to and agreed in writing by the Local Planning Authority prior to the first occupation of the development hereby granted planning permission.

REASON: To protect the trees on site, including those trees adjacent to the proposed area of flood water compensation.

 

 

8.    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, and no machinery shall be stored, within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

REASON: To ensure the safe retention of existing trees on and adjoining the site.

 

 

9.    Prior to the commencement of the development hereby permitted, details of the biodiversity enhancement as set out in Section 5 of the ecology report, together with details of management of the river corridor, shall be submitted to and approved in writing by, the Local Planning Authority. The enhancements and management shall be carried out as set out in the approved documents.

REASON: To protect and enhance the biodiversity of the area.

 

 

10.No development shall commence on site until a detailed scheme for the flood risk amelioration and defences, as proposed in the FRA, has been submitted to and approved in writing by the Local Planning Authority.  Such a scheme shall include full and complete details of the proposed area of flood water compensation and its relationship with the surrounding trees.  The development shall be carried out in complete accordance with the details so agreed prior to the first use of any part of the permitted facility.

REASON: To ensure that the development can be adequately defended against flood risk and, in particular, so as to ensure the area of flood water compensation is of a suitable design, appearance and does not adversely impact upon the adjacent trees in this sensitive part of the Conservation Area.

 

 

11.Prior to the construction of any element of the outdoor play/recreation areas, notwithstanding the approved plans, details of them shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the permitted plans.

REASON: To define the permission.

 

12.Prior to the first use of the Climbing facility or cafe hereby permitted, details of a robust flood evacuation procedure together with situations where it would be deployed and means of temporary closure of the facility, shall be submitted to and approved in writing by, the Local Planning Authority.

REASON: To protect users of the facility.

 

 

13.Noise from skate park activity (LAeq 60min) Shall not exceed the prevailing Background level (LA90) as measured at the boundary of the nearest sensitive dwelling.

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

 

14.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 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, 2011)", have been submitted to and approved in writing by the Local Planning Authority.  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 and to minimise unnecessary light spillage above and outside the development site

 

 

15.No development shall commence on site above ground floor slab level until full and complete details of the design, external appearance and decorative finish of all railings, fences, gates, walls, bollards and other means of enclosure have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details prior to the development being brought into first use.

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

 

 

16.No development shall commence on site above ground floor slab level until details of intended measures for sustainable construction techniques as well as water and energy efficiency measures to be incorporated into the development have been submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the details and measures so agreed.

REASON: In the interests of securing sustainable construction techniques and measures for water efficiency within the development.

 

 

17.The development hereby approved shall not commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures:

i. An introduction consisting of construction phase environmental management plan, definitions and abbreviations and project description and location;

ii. A description of management responsibilities;

iii. A description of the construction programme;

iv. Site working hours and a named person for residents to contact;

v. Detailed Site logistics arrangements;

vi. Details regarding parking, deliveries, and storage;

vii. Details regarding dust mitigation;

viii. Details of the hours of works and other measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; and

ix. Communication procedures with the LPA and local community regarding key construction issues - newsletters, fliers etc.

x. measures to protect the river corridor and protected species protection measures including In relation to nesting birds, during the clearance and construction phases.

 

There shall be no burning undertaken on site at any time.

 

REASON: To protect the local amenity from any adverse effects of noise, dust, smoke and odour.

 

 

18.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, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

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 that the development can be adequately drained.

 

 

19.No development shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

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 that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

 

INFORMATIVE TO APPLICANT:

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

 

INFORMATIVE TO APPLICANT:

Tree roots are normally located in the first 600mm of soil.  Roots that are exposed should be immediately wrapped or covered to prevent desiccation and to protect them from rapid temperature changes.  Any wrapping should be removed prior to backfilling, which should take place as soon as possible.  Roots smaller than 25mm diameter can be pruned back making a clean cut with a sharp tool.  Roots occurring in clumps or over 25mm should be severed only following consultation with a qualified arboriculturist, as such roots might be essential to the tree's health and stability. Prior to backfilling retained roots should be surrounded with topsoil or un-compacted sharp sand (builders sand should not be used because of its high salt content, which is toxic to tree roots).

 

 

INFORMATIVE TO APPLICANT:

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 TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

 

INFORMATIVE TO APPLICANT:

Due to the facilities and activities being brought to the town by the development, it is requested that the developer and/or operator engage with the Chippenham Town Council so as to ensure the development presents and maintains the greatest potential enhancement to the town and its community whilst minimising the potential for unsociable behaviour to occur at the site.