Agenda item

Outline planning application for Proposed erection of a GP Surgery (Class E(e)), car park and associated works (Outline application relating to access).

Public Participation

Michael Rees spoke in objection of the application.

Cllr Martin Smith, representing Mrs Robinson, spoke in objection of the application.

Cllr Martin Smith, representing Councillor Tanya Burgess, spoke on behalf of Sherston Parish Council.

 

Development Management Team Leader, Lee Burman, presented a report which outlined a planning application for Proposed erection of a GP Surgery (Class E(e)), car park and associated works (Outline application relating to access).

 

Details were provided of the site and issues raised by the proposals, including the principle of development; design issues; impact on the immediate area including the Cotswolds Area of Outstanding Natural Beauty (AONB); impact on heritage; impact on biodiversity; impact on highway and access considerations.

 

The Planning Officer drew attention to the late item agenda supplement, in which two letters of representation had been submitted by Sherston Parish Council and Sherston Primary School Governors. The letters were in objection to the application due to the indicative site layout proposing a surface water attenuation basis, the land in which would potentially be required if the school was to expand. The Planning Officer noted that the application was in outline and other drainage solutions and facilities could be pursued that wouldn’t impinge on potential school expansion; though the Council’s Education Department had confirmed that there was no current or projected requirement for expansion of the school.

 

Members of the Committee had the opportunity to ask technical questions regarding the application, however no questions were asked.

 

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

 

The Local Unitary Member, Councillor Martin Smith then spoke regarding the application. Councillor Smith stated that the proposal was a key part of the Sherston Neighbourhood plan, which had been worked on since 2012 by residents and that the plan had the support of 93% of local residents. Councillor Smith noted that the Parish Council and School were supportive of the plan in principle but had sought clarity on the provision of land available for future school expansion if required. Following the latest response, Director of Assets & Commercial Development, Simon Hendey had arranged for a revised layout for the drainage basin.

 

At the start of the debate a motion to move and accept the officer’s recommendation was moved by Councillor Peter Hutton and seconded by Councillor Martin Smith with an informative added encouraging consultation with the school governors and parish council in respect of drainage proposals and solutions.

 

During the debate the issues included that though there was a pre-school diagonally opposite to the land (Pumpkins Pre-school), it would be positive to approve the application with questions surrounding the lease. It was also stressed that though the Education Department assess data on birth-rates, Sherston previously had to build a new school due to a population increase, which could happen in the future again.

 

At the conclusion of the debate, it was,

 

Resolved:

 

That planning permission be GRANTED subject to the following conditions:

 

1. The development hereby permitted shall be begun 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.

 

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 Act2004.

 

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 (non-strategic) 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 three 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 development hereby permitted and reserved matters details shall be in accordance with the parameters illustrated in the following approved plans and documents: Planning, Heritage, Design & Access Statement 2849 PHDA REV A Received 06.01.2022 Drainage Strategy & Supporting Information 21-027-003 REV A & Acl619-21027- TN Received 23.12.2021

 

Ecological Assessment Received 22.12.2021

Biodiversity Net Gain Report Received 13.12.2021

Transport Statement Received 15.11.2021

Location Plan 2849 001,

Existing Site Plans 2849 100, 2849 101, 2849 102,

Revised Proposed Site Plan 2840 111 REV A & 2849 112 REV A

Proposed Street Scenes 2849 115

Proposed Elevations 2849 115 & 2849 116

 

All Received 06.12.2021

 

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

 

5. No part of the development hereby approved shall be first occupied until the car and cycle parking provision has been suitably provided and laid out in accordance with the approved details (Proposed Site Plan, 2849-111 and 112 – Received 06.12.2021). Car parking spaces shall be properly consolidated and surfaced and shall be maintained and remain available for this use at all times thereafter. The car and cycle parking spaces shall not be used other than for the parking of vehicles or cycles or for the purpose of access.

 

REASON: To ensure that adequate provision is made for parking of cars and cycles within the site in the interests of highway safety.

 

6. No development shall commence on site until full technical details of the new site junction with Sopworth Lane have been submitted to and approved in writing by the Local Planning Authority. The new junction and visibility splays shall be provided in accordance with the approved details (Proposed Site Plan, 2849-111 and 112 - both Received 06.12.2021 and Access Arrangements and Proposed off site highway works, SK01 A Nov 2021) prior to first occupation (or timetable agreed with Local Planning Authority) and maintained thereafter. No part of the development shall be first occupied, until the visibility splays shown on the plans (2.4m x 43m) have been provided with no obstruction to visibility at or above a height of 0.6m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

7. No part of the development hereby permitted shall be commenced until full technical details of the footway works and carriageway widening scheme for Sopworth Lane as detailed on Access Arrangements and Proposed off site highway works, SK01 A - Nov 2021 and Proposed Site Plan, 2849-111 and 112 both Received 06.12.2021 have been submitted to and approved by the Council. Unless otherwise agreed the development shall not be first occupied until the

Sopworth Lane footway scheme have been completed in accordance with the details shown on the approved plans. This shall include streetlighting, drainage and full surfacing of wearing course, the surface wearing course of Sopworth Lane will need to be re-surfaced for whole widths adjacent to the new footways. The footway/ kerbing from the junction of Sopworth Lane/ Knockdown shall be extended from the junction north to connect with the uncontrolled crossing

outside Sherston Primary school. No part of the development shall be first brought into use until the highway improvements have been completed in accordance with the approved details (unless otherwise agreed by the Local Planning Authority).

 

 

REASON: To help encourage walking to and from the site and in the interests of highway safety.

 

8. Prior to the development hereby permitted first being brought into use a Traffic Regulation Order (TRO) to amend the speed limit on Sopworth Lane shall have been prepared, consulted upon, and advertised, with a report recommending whether to proceed with the Order prepared for consideration by the Cabinet Member for Highways (Proposed TRO SK02 Rev A (Nov 21). If the Cabinet Member for Highways approves the Order the amendments shall be

implemented.

 

REASON: In the interests of highway safety.

 

9. The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the medical centre and existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

10. No part of the development shall be brought into use until full details of the visibility splays for the access to the approved GP Surgery access/egress have been submitted to the Local Planning Authority, approved and have been provided in accordance with those approved details. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

11. No development shall commence on site (including any works of demolition), until a Construction Method Statement, together with a site plan, which shall include the following:

 

• the parking of vehicles of site operatives and visitors

• loading and unloading of plant and materials

• storage of plant and materials used in constructing the development

• the erection and maintenance of security hoarding including decorative

displays and facilities for public viewing, where appropriate

• wheel washing facilities

• measures to control the emission of dust and dirt during construction

• a scheme for recycling/disposing of waste resulting from demolition and

construction works

• measures for the protection of the natural environment

• hours of deliveries

• pre-condition photo survey

• vehicle Routing Plan

• traffic Management Plan (including signage drawing(s))

• number (daily / weekly) and size of delivery vehicles to ensure appropriately

size vehicles are being used for the highway network.

• number of staff vehicle movements.

 

has been submitted to, and approved in writing by, the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement without the prior written permission of the Local Planning Authority.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

12. No external lighting, including security 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 have been submitted to and approved in writing by the Local Planning Authority. The plans will be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2011, ‘Guidance for the Reduction ofObtrusive Light’ (ILP, 2011), and Guidance note GN08-18 “Bats and artificiallighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals. In addition, lux plots will demonstrate that light levels within 3m of the site boundary will be no more than 0.2 lux. The approved lighting shall be installed and 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, to minimise unnecessary light spillage above and outside the development site and to ensure lighting does not impact wildlife habitat.

 

13. Prior to the commencement of works, including demolition, ground

works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing. The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including supervision by an Ecological Clerk of Works who will keep a written log of dates of site visits, advice provided, impacts observed, and mitigation/remediation achieved and provide this to the Local Planning Authority on request. Methods statements will cover the following:

 

a) removal of hedgerows

b) location of protective fencing

c) minimising risks to protected species

d) erection of bat and bird boxes on the surgery building (including details of number, type and location)

 

Development shall be carried out in strict accordance with the approved CEMP.

 

REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and are supervised by a suitably licensed and competent professional ecological consultant.

 

14. 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:-

 

• location and current canopy spread of all existing trees and hedgerows on the land;

• full details of any to be retained, together with measures for theirprotection in the course of development;

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

• finished levels and contours;
• means of enclosure;
• car park layouts;
• other vehicle and pedestrian access and circulation areas;
• all hard and soft surfacing materials;
• minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

·       proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

• retained historic landscape features and proposed restoration, where relevant.

 

The Landscaping scheme will accord with the Proposed Site Plan (2849-112- Rev A) the Landscaping Scheme will demonstrate that the development will achieve an overall net gain for biodiversity through the submission of a completed Natural England Biodiversity Metric (version 3.0 or subsequent version) spreadsheet (unlocked) based on the post construction landscape scheme, and a current survey of pre-construction habitats based on the UK Habitat Classification.

 

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 the protection of existing important landscape features.

 

15. 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.

 

16. No development shall commence within the application area until:

 

a) A written programme of archaeological investigation to include a strip, map and ample excavation, 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.

 

17. No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

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

 

18. In the event that contamination is encountered at any time when carrying out the approved development, the Local Planning Authority must be advised of the steps that will be taken by an appropriate contractor; to deal with contamination and provide a written remedial statement to be followed be a written verification report that confirms what works that have been undertaken to render the development suitable for use.

 

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

INFORMATIVES

 

20. S278/ S38 - The developer/applicant will be required to enter into a S278 to cover the footway scheme /S38 Agreement for site with the Highway Authority before commencement of works hereby approved.

 

TRO - You are advised that a Traffic Regulation Order (TRO) is required for condition 8. You must submit a plan to a scale of an indicative scheme for a TRO, along with timescales for commencement and completion of the development. Please be aware that the statutory TRO process is not straightforward; involving the public advertisement of the proposal(s) and the resolution of any objections. You should expect a minimum of six months to elapse between the Highway Authority’s TRO Team confirming that it has all the information necessary to enable it to proceed and the TRO being advertised. You will not be permitted to implement the TRO measures until the TRO has been sealed, and we cannot always guarantee the outcome of the process. We cannot begin the TRO process until the appropriate fee has been received. To arrange for a TRO to be processed contact the Highway Authority’s Transport Development Management Team athighwaysdevelopment@wiltshire.gov.ukN.B. The cost of implementing any lining, signing or resurfacing required by the TRO is separate to the TRO fees, which solely cover the administration required to prepare, consult, amend and seal the TRO.

 

Advance Payment Code - Please note that the road layout of the site will be subject to the Advanced Payment Code, relating to the Highways Act 1980. A bond will be required by the Highway Authority to cover highway works and will only be released subject to a suitable management company/other being secured for the site by the Developer.

 

22. 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.

 

23. The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

 

24. 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.

 

25. The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

27. 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.

 

28. 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 benecessary 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.

 

29. 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.

 

The Council's Northern Area Planning Committee recommends that the applicant undertakes consultation with the Parish Council and Sherston Primary School Governors regarding approval of details and layout for the required surface water drainage provisions.