Agenda item

Demolition of existing unused building and erection of 5 residential dwellings with associated access, parking and amenity.

Public Participation

Benji Goehl spoke in objection to the application

 

The Senior Planning Officer Lucy Minting presented the application for the demolition of an existing unused building and the erection of 5 residential dwellings with associated access, parking and amenity, at 124 Wilton Road Salisbury.

 

The building was owned by Wiltshire Council, and was previously in use as a youth centre. The surrounding area included a mix of uses and dwellings.

 

The scheme included four 3 bed and two 2 bed semis with a total of 8 parking spaces. Each with front garden and garden to rear.

 

The proposals also included a landscaping strip along the Wilton Road side, to protect a mining bee habitat in the bank. There had also be a revision to the boundary acoustic fencing, it was now in keeping with the character of the area.

 

The application was recommended for approval subject to conditions, as set out in the report.

 

The Officer drew attention to late correspondence circulated at the meeting which detailed questions from a third party.

 

The Committee was then able to ask technical questions of the Officer, where it was clarified that there would be a condition to protect the bank with the mining bees.

 

The fence along Wilton Road was proposed to be 2.5m from the ground.

 

Members of the Public were then given the opportunity to present their views as indicated above. The main points were on the impacts of Climate Change and whether this scheme should be setting an example to others by including things such as electrical charging points and solar panels, as it was a Wiltshire council application and in an Air Quality monitoring zone.

 

The Division Member Cllr John Walsh was not in attendance.

 

Cllr Devine then moved the motion of approval in line with Officer recommendation. This was seconded by Cllr Westmoreland.

 

Cllr Devine felt the scheme was not over cramped, and although there was no visitor parking space, there were options for parking along the road. The mining bees were important and would be protected during construction. He felt this was a good use of the land and fits in well.

 

A debate followed where the key points raised included that the Council’s declaration of a climate emergency, should see its applications taking the lead, however it was noted that the Core Strategy would be including aspects to support climate change initiatives. The Committee requested an informative on the inclusion of solar panels.

 

It was felt that the duty of the Committee was to consider applications as they were presented, it could not say what it would like to see instead. Decisions need to be made on planning terms. 

 

The height level of the fence would be quite intense, above the bank.

 

The Committee then voted on the motion of approval in line with Officer recommendations.

 

Resolved:

That application 19/00211/FUL be approved with 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) The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Plan Reference: 5832-P091 Rev A Site Location Plan dated 22/01/2019, received by this office 07/02/2019

Plan Reference: 5832-P-11 Demolition Plan dated 19/10/2019, received by this office 07/02/2019

Plan Reference: 5832-P-30 Rev C Proposed Site Section dated 22/01/2019, received by this office 07/02/2019

Plan Reference: 5832-P-20 Rev C Proposed Floor Plans Plots 1, 2 & 3 dated 30/05/2019, received by this office 11/09/2019

Plan Reference: 5832-P-21 Rev C Proposed Floor Plans 4 & 5 dated 30/05/2019, received by this office 11/09/2019

Plan Reference: 5832-P-83 Rev D Street Scene B-B C-C dated 30/09/2019, received by this office 30/09/2019

Plan Reference: 5832-P-70 Rev C Proposed Elevations Plots 1, 2, & 3 dated 30/05/2019, received by this office 17/06/2019

Plan Reference: 5382-P-12 Rev G Proposed Site Layout dated 22/08/2019, received by this office 17/06/2019

Plan Reference: 5382-P-71 Rev C Proposed Elevations Plots 4 & 5 dated 30/05/2019, received by this office 17/06/2019

Plan Reference: 5382-P-82 Rev F Indicative Street Scene A-A dated 12/06/2019, received by this office 17/06/2019

Environmental Noise Impact Assessment (Reference IMP4922-4), received by this office 18/04/2019

 

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

 

(3)  No development shall commence on site above ground floor slab level until the exact details and samples of the materials and finishes to be used for the external walls (including boundary 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.

 

(4)  No development shall commence on site until large scale details of all window frames (1:5 scale elevations and 1:2 scale sections) including vertical and horizontal cross-sections through openings to show the positions of window frames within openings (the depth of reveal) 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.

 

(5)  No development shall commence on site until large scale details (1:5 scale elevations and 1:2 scale sections) of proposed boundary treatments (to include details of railings and brickwork cappings to piers, oversailing coping to plinth walls and a timber top rail to the vertical close boarded fence) 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 prior to the first occupation of the dwellings hereby permitted and shall be maintained in perpetuity.

 

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 and to ensure the creation and retention of an environment free from intrusive levels of traffic noise; commercial premises and activity, in the interests of the amenities of future occupiers.

 

(6)  There shall be no occupation of the dwellings hereby approved until the development has been completed in accordance with the agreed scheme of works for noise attenuation to include:

 

- Noise attenuation measures, including the installation of glazing and a Mechanical Ventilation with Heat Recovery (MVHR) Ventilation System as detailed in Section 9 of the Impact Acoustic Environmental Noise Impact Assessment (ref IMP4922-4) received by this office 18/04/2019

- Noise attenuation measures for external amenity space as detailed in Section 10.2 of Impact Acoustic Environmental Noise Impact Assessment (ref IMP4922-4) received by this office 18/04/2019

The approved attenuation works shall be maintained in accordance with the approved details at all times thereafter.

 

REASON: To ensure internal noise levels are acceptable to British Standard 8233:2014 and in order to ensure the creation and retention of an environment free from intrusive levels of traffic noise; commercial premises and activity, in the interests of the amenities of future occupiers.

 

(7) 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 demolition and/or construction phase of the development. It shall include details of the following:

 

i. The movement of construction vehicles;

ii. The cutting or other processing of building materials on site;

iii. Wheel washing and vehicle wash down facilities;

iv. The transportation and storage of waste and building materials;

v. The recycling of waste materials (if any)

vi. The loading and unloading of equipment and materials

vii. The location and use of generators and temporary site accommodation

viii. 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.

 

(8) No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site.

 

Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

 

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

(9) 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:-

·       full details of the extent of the Mining Bee bank to Wilton Road to be retained undisturbed, together with measures for its protection in the course of development (to include works of demolition);

·       a detailed planting specification showing all plant species, supply and planting sizes and planting densities; and

·       all hard and soft surfacing materials;

 

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 a satisfactory landscaped setting for the development and in the interests of retaining the bank to Wilton Road undisturbed for continued use by Mining bees and other invertebrates.

 

(10) The development including works of demolition shall be completed in accordance with the agreed details for the protection of the Mining Bee bank to Wilton Road to be submitted pursuant to condition no 9. 

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 dwelling 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.

 

Following completion of the development hereby approved and soft landscaping in accordance with the details agreed under condition 9, there shall be no works of development to the Mining Bee bank to Wilton Road (the extent of which having been agreed under condition 9) which shall remain undisturbed other than for maintenance, unless otherwise agreed in writing upon submission of a planning application.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features and in the interests of retaining the bank to Wilton Road undisturbed for continued use by Mining bees and other invertebrates.

 

(11)  No development shall commence on site until details of secured covered cycle parking on the site have been submitted to and approved in writing by the local planning authority. These facilities shall be provided in accordance with the approved details and made available for use prior to the first occupation of the dwellings hereby permitted and shall be retained for use 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.

 

(12) The development hereby permitted shall not be occupied until the area between the nearside carriageway edge and a line drawn 2.0 metres parallel thereto over the entire New Zealand Road site frontage has been cleared of any obstruction to visibility at and above a height of 600mm above the nearside carriageway level (other than the details of the boundary walls agreed under condition 5). That area shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

(13) No dwelling hereby permitted shall be occupied until the parking spaces together with the access thereto, have been provided in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety and the amenity of future occupants.

 

(14) The dwellings shall not be occupied until the Building Regulations Optional requirement of a maximum water use of 110 litres per day has been complied with.

 

REASON: To avoid any adverse effects upon the integrity of the River Avon Special Area of Conservation (SAC).

 

(15) No construction or demolition work 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 protect the amenity of nearby residents.

 

(16) 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 to, or extensions or enlargements of any building forming part 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 additions, extensions or enlargements.

 

(17) 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), no window, dormer window or rooflight, or other forms of openings shall be inserted above first floor level in the roofslopes or elevations of all plots; or above ground floor level to the gable elevations of plots 1, 3 and 4 of the development hereby permitted.

 

REASON: In the interests of residential amenity and privacy and visual amenity to maintain the character and appearance of the development.

 

INFORMATIVE TO APPLICANT: Community Infrastructure Levy

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.

 

INFORMATIVE: Private Property/Access Rights

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.

 

The applicant is advised to consider the third party comments re private rights and the developers should satisfy themselves/resolve matters before development commences. 

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: Material Samples

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.

 

To be acceptable to the local planning authority it is considered that ‘slate roof tiles’ will need to be of slate and not incongruous concrete roof tiles and Oatmeal coloured render not a stark white render in this setting.

 

INFORMATIVE TO APPLICANT: Wessex Water

The applicant has indicated that foul sewerage will be disposed of via the main sewer.

Rainwater running off new driveways and roofs will require consideration so as not to increase the risk of flooding. The applicant has indicated in the current application that rainwater (also referred to as “surface water”) will be disposed of via the main sewer.

 

Applying for new drainage and water supply connections

If your proposals require new connections to the public foul sewer and public water mains, notes and application forms can be found here.

 

Are existing public sewers or water mains affected by the proposals?

According to our records there are no recorded public sewers or water mains within the red line boundary of the development site. Please refer to the notes on the attached map for advice on what to do if an uncharted pipe is located.

 

Is the surface water strategy acceptable to Wessex Water?

One of our main priorities in considering a surface water strategy is to ensure that surface water flows, generated by new impermeable areas, are not connected to the foul water network which will increase the risk of sewer flooding and pollution.

 

You have indicated that surface water will be disposed of via the main sewer. The strategy is currently acceptable to Wessex Water.  We will support measures, such as permeable paving and rain butts, which reduce surface water run of into the existing surface water sewer, to improve water quality and reduce flood risk.  Detailed application must prove a minimum 30% reduction in total flow from site to account for climate change.

 

INFORMATIVE TO APPLICANT: Bats

There is a very small risk that bats may occur at the development site. The council considers it would be unreasonable to require the applicant to submit a bat survey because this could be considered disproportionate to the scale of development. Furthermore, given the particular proposals for the site, the council considers that if bats were found, mitigation would probably not require further planning permission and a Natural England Licence would be forthcoming. Nevertheless, anyone undertaking this development should be aware that bats and their roosting places are protected at all times by the Conservation of Habitats and Species Regulations 2010. Planning permission for development does not provide a defence against prosecution under this legislation or substitute for the need to obtain a bat licence if an offence is likely. Consideration should be given to engage a professional ecologist to provide a watching brief during the demolition works. If bats or evidence of bats is found at any stage of development, the applicant is advised to follow the advice of a professional ecologist or to contact Natural England’s Batline through the internet.

 

INFORMATIVE TO APPLICANT: Swifts

The applicant’s attention is drawn to the letter from Salisbury and Wilton Swifts (SAWS) dated 24/02/2019 regarding at least two pairs of swifts nesting within 200m of the site and urging the developer to the install swift bricks into the fabric of the new building during the construction phase of the development in the interests of biodiversity enhancement. 

 

INFORMATIVE TO APPLICANT: Air Quality

The development is below the threshold for which an Air Quality Assessment or Screening Assessment is required, however the Council is keen to promote contributions towards reducing vehicle emissions across Wiltshire in keeping with our current Air Quality Strategy and Core Policy 55. In this regard we are keen to see the uptake of Ultra Low Energy Vehicle(ULEV) Infrastructure and to this end would ask that the applicant consider what ULEV infrastructure could be incorporated at this development e.g. Electric Vehicle Charging. This is being done at other developments currently and should serve to enhance their environmental image and marketability.

 

INFORMATIVE TO APPLICANT: Sustainable Construction

The applicant is encouraged to consider the incorporation of sustainable construction details into the scheme in order to achieve high energy performance standards (including the consideration of the use of solar technology, Passivhaus standards and insulation measures)

 

INFORMATIVE TO APPLICANT: Environmental Protection Act 1990

The applicant should be aware that Councils must investigate complaints about issues that could be a 'statutory nuisance' (a nuisance covered by the Environmental Protection Act 1990). If a complaint of statutory nuisance is justified an Abatement Notice can be served upon the person responsible, occupier or owner of the premises requiring that the nuisance be abated.

In light of this legislation, the Public Protection team recommend the following:

•           No burning of waste or other materials shall take place on the development site during the demolition/construction phase of the development.

•           Measures should be taken to reduce and manage the emission of dust during the demolition and/or construction phase of the development.