Agenda item

Erection of 190 dwellings, car parking, access including extension to Empress Way, green infrastructure including open space and landscaping, infrastructure, drainage, utilities and engineering works. Off-site highway works at junction of Astor Crescent / Empress Way and Tidworth Road. Land reserved for 2-form entry primary school.

Public Participation

Luke Vallins spoke in support of the application.

Cllr Owen White of Ludgershall Town Council spoke in objection to the application.

 

Andrew Guest, Head of Development Management presented a report which recommended that subject to the completion of a Section 106 covering the matters set out in the report, the Head of Development Management be given delegated authority to then grant planning permission, subject to conditions for the erection of 190 dwellings, car parking, access including extension to Empress Way, green infrastructure including open space and landscaping, infrastructure, drainage, utilities and engineering works. Off-site highway works at junction of Astor Crescent / Empress Way and Tidworth Road. Land reserved for 2-form entry primary school.

 

The officer drew attention to a correction to condition 20 which should read “Prior to first occupation of the 160th dwelling hereby permitted the extension of Granby Gardens…” rather than Empress Way.

 

The officer explained that the application was being considered by the Committee as it had already been called in by Cllr Christopher Williams, who used to be the local division Member. Due to the Local Government Boundary Commission for England boundary review which came into effect in 2021, the unitary division Member was now Cllr Tony Pickernell. Both councillors had now withdrawn the call-in as they were satisfied with the mitigations proposed by the applicant. As a matter of procedure, because the agenda had already been published when the call-in was withdrawn, the application still had to come to the Committee as advertised. If the call-in had been withdrawn prior to agenda publication the application would have been determined by officers.

 

Key details were stated to include the following, the principle of development; impact upon the area and wider landscape; flooding and drainage; biodiversity; archaeology; nutrient neutrality; neighbouring amenity; highway Impacts; S106 contributions (Affordable Housing, Education, Air Quality, Public Art, Public Open Space, 2nd access, Waste, Biodiversity and Nutrient Neutrality).

 

The proposal was for 190 houses on land allocated in the Wiltshire housing site allocation plan. Slides were displayed showing the location of the site and that part of the parcel of land allocated for housing already had planning permission and the build had started. The rest of the site allocation comprised of this proposal. The layout of the proposal was typical for a new residential area and there was a large open space in the middle of the site, this would support a play area and some of the drainage systems. There was also land reserved for a school. The road to the north, Empress Way, would be extended to serve the site and there would also be a second access via Granby Gardens. The Highways officer had no objections to the proposal. Hedgerows would provide screening and nearby junctions would be upgraded. Funding would also be provided for improvements in Ludgershall.

 

 

The officer explained that there had been a late representation regarding the access arrangements at Granby Gardens, stating that no notice had been served on the owner of a strip of land which the access would cross and no agreement reached.  The officer noted that the land in question was outside the application site, so no notice was required and that the party had already been aware of the application. It was anticipated that the applicant and landowner would have reached an agreement before the trigger point for the second access was reached.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. The officer confirmed that the application was only before the Committee as a technicality as at the time the call-in was withdrawn, the agenda was published, interested parties notified and people had registered to speak at the meeting. The call-in was withdrawn as the Highways objection had been removed through negotiation and mitigation. Questions were asked regarding the land reserved for the school site, which would be covered by the Section106. Further questions were asked regarding the odour assessment, condition 21, maintenance and traffic speeds through the site. It was confirmed that in theory some sort of traffic calming could be added as a condition. 

 

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

 

Cllr Adrian Foster proposed the officer recommendation to approve as detailed in the agenda with the addition of an extra condition to require traffic calming. Cllr Bridget Wayman stated that she would be happy to second the motion if the condition went further and included a 20mph speed limit.

 

Officer advice was sought, and it was explained that the condition could not include the 20mph speed limit as Wiltshire Council would be unable to enforce that. A condition to include traffic calming, with an informative to suggest that the result of the traffic calming should be to keep speeds at no more than 20mph may be the best way to achieve hat Members wanted. That motion as suggested was agreed by the prosper and seconder. This was put to the vote and it was,

 

Resolved:

 

That subject to the completion of a Section 106 covering the matters set out below and in the Committee report, the Head of Development Management be given delegated authority to grant planning permission, subject to the conditions listed below.

 

Planning Policy Framework. Draft Section 106 Heads of Terms legal agreement (July 2022) to secure the following:

 

o   Air Quality monitoring - £10,000

o   Waste & Recycling Facilities – £17,290

o   Highways and Transport - £90,820

o   2^nd Access

o   Public Art - £57,000

o   Sports -£77,976

o   Early Years / Nursery education provision - £385,484

o   Nutrient Neutrality - £831,850

o   Affordable Housing Provisions:-

·       60% of all affordable homes on-site (34) shall be provided as affordable rent tenure.

·       40% of all dwellings on-site (23) shall be provided as shared ownership tenure.

·       Tenure to be as defined in the planning obligation, or otherwise agreed in writing.

 

 

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 listed in Procedures for maintaininggood publicrelations includingcomplaint management, public consultation and liaison schedule [INSERT name or number & date of schedule of plans]

 

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

 

3.       No development shall commence until a site specific Construction EnvironmentalManagement Planhas been submitted to and been approved in writing by the local planning authority. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:

 

·            Arrangementsfor liaisonwith theCouncil's PublicProtection Team

·            All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours:08 00 Hours and 18 00 Hours on Mondaysto Fridaysand 0800 and13 00Hours onSaturdays and; atno timeon Sundays and Bank Holidays.

·            Deliveriesto andremoval of plant,equipment, machineryand wastefrom thesite must only take place within the permitted hours detailed above.

·            Mitigation measures as defined in BS 5528: Parts 1 and 2 : 2009 Noise and VibrationControl onConstruction andOpen Sitesshall beused tominimise noise disturbance from construction works.

·            Proceduresfor emergencydeviation ofthe agreedworking hours.

·            Controlmeasures fordust andother air-bornepollutants.

·            Measuresfor controllingthe useof sitelighting whetherrequired forsafe working or for security purposes.

·            Constructiontraffic routingdetails

 

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

 

REASON:In theinterests ofthe amenitiesof surrounding occupiersduring the construction of the development.

 

4.       The development shall be carried out strictly in accordance with the approved Flood Risk Assessment and Drainage Strategy dated 3^rd March 2022, Reference 15675-HYD-XX-XX-RP-D-5001.

Prior to commencement of development the following additional drainage information shall be submitted to the local planning authority for approval in writing –

·       calculations which demonstrate that the proposed drainage design provides a sufficient level of water treatment to prevent pollution of the receiving groundwater. This can be undertaken based on the Simple Index Methodology outlined within the CIRIA SuDS Manual.

·       revised hydraulic modelling calculations setting the MADD value to 0m³/ha in order to ensure that the on-site attenuation storage is not overestimated. If the applicant believes that a value of 20m³/ha is appropriate, quantitative justification should be provided to support this.

·       evidence of the applicant’s engagement with the Water Company for the adoption of Sustainable Drainage Features.

·       plans showing finished floor levels (FFL) and threshold levels set to minimum FFLs at 150mm above adjacent infrastructure thoroughfare levels.

The development shall be carried out in strict accordance with the approved additional drainage information.

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.

DRAINAGE INFORMATIVES: 

1.    Occupation of the development should be phased and implemented to align with the delivery by Southern Water of any sewerage network reinforcement required to ensure that adequate waste water network capacity is available to adequately drain the development. The applicant should note that if the intention is to offer the roads for adoption, the LLFA does not provide for the approval of drainage suitable for adoption by the Highway Authority. Further approval should be ascertained from the Highway Authority.To find out more about the processes required to secure road adoption, contact the Highway Authority at HighwaysDevelopment@wiltshire.gov.uk

2.    The applicant should note that new Sewerage Sector Guidance (published 1st April 2020) enables Water Companies to adopt SuDS features as part of the surface water drainage network.

3.    If the intention is to offer the drainage scheme up for adoption the applicant will need to consult with Southern Water, prior to the submission of any drainage scheme details to the local planning authority, to ensure compliance under the new adoption codes and to formally commence the adoption process.

4.    Applicants should contact Southern Water for further information/ discussion.
The Lead Local Flood Authority will support any applications brought forward through the Southern Water adoption process.

5.    There must be no interruption to the existing surface water and/or land drainage arrangements of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively.

6.    Wiltshire Council is the land drainage authority under the Land Drainage Act 1991. Land drainage consent is required if a development proposes to discharge flow into an ordinary watercourse or carry out work within 8m of an ordinary watercourse.
An ordinary watercourse is a watercourse that does not form part of a main river. The term watercourse includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows.

7.    Wiltshire Council’s land drainage bylaws can be downloaded here. The land drainage consent application form and guidance notes can be found on our website here.

8.    There are private soakaways proposed in the boundaries of properties. Homeowners will need to be made aware of their maintenance responsibilities and this should be written into the deeds of the properties

9.    It is noted that if surface water drainage will be offered for adoption by Wiltshire Council and the Water Company; the applicant will need to apply for adoption of these assets separately to this planning application.

10. The application states that foul drainage will discharge to a public sewer. This requires consultation with the sewerage undertaker for the area.

 

5.       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 and any improvements required to off-site sewerage treatment works (and any related programme fordelivery) have beensubmitted toand approvedin writingby theLocal Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans and related programme.

 

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 agreedwith theLocal Planning Authoritybefore development commencesin orderthat the developmentis undertakenin an acceptablemanner, toensure thatthe proposalis 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.

 

6.       Nodevelopmentshallcommenceonsiteuntila schemeofhardandsoftlandscapinghasbeensubmittedtoandapprovedinwritingbytheLocalPlanningAuthority,thedetailsof whichshallinclude:-

 

·          locationandcurrentcanopyspreadofallexistingtreesandhedgerowsontheland;

·          fulldetailsofanytoberetained,togetherwithmeasuresfortheirprotectioninthecourseofdevelopment;

·          a detailedplantingspecificationshowingallplantspecies,supplyandplantingsizesandplantingdensities;

·          finishedlevelsandcontours;

·          meansofenclosure;

·          allhardandsoftsurfacingmaterials;

·          minorartefactsandstructures(e.g.furniture,playequipment,refuseandotherstorageunits,signs,lightingetc.);

·          proposedandexistingfunctionalservicesaboveandbelowground(e.g.drainage,power,communications,cables,pipelinesetcindicatinglines,manholes,supportsetc.);

 

REASON: Thematterisrequiredtobeagreed with theLocalPlanningAuthoritybeforedevelopmentcommencesinorderthatthedevelopmentisundertakeninanacceptablemanner,to ensurea satisfactorylandscapedsettingfor thedevelopmentandthe protection of existingimportantlandscapefeatures.

 

7.       Allsoft landscapingcomprisedinthe approveddetailsoflandscapingshallbecarriedoutinthe firstplantingandseedingseasonfollowingthe firstoccupationofthe building(s)orthe completionofthe developmentwhicheveristhe sooner;Allshrubs,treesandhedgeplantingshallbemaintainedfree fromweedsandshallbeprotectedfrom damagebyverminandstock.Anytreesorplantswhich,withina periodoffiveyears,die,areremoved,orbecomeseriouslydamaged or diseasedshallbereplacedinthe nextplantingseasonwithothersofa similarsizeandspecies,unlessotherwiseagreedinwritingbythe localplanningauthority.Allhardlandscapingshallalsobecarriedoutinaccordancewiththeapproveddetailspriortothe occupationofanypartofthe developmentorinaccordancewitha programmeto beagreedinwritingwiththe LocalPlanningAuthority.

 

REASON:Toensurea satisfactorylandscapedsettingfor thedevelopmentandthe protection of existingimportantlandscapefeatures.

 

8.       Prior to the commencement of works, including demolition, ground works/excavation, siteclearance, vegetation clearance and boundary treatment works, a Construction EnvironmentalManagement Plan (CEMP) shall be submitted to the local planning authority for approval inwriting. The Plan will align with recommendations in Section 5 and Appendix IX of thesubmitted Ecological Appraisal and Phase 2 Surveys. Land Off Empress Way, Ludgershall,Wiltshire (Lyndsay Carrington Ecological Services, March 2022) and shall provide details of theavoidance, mitigation and protective measures to be implemented before and during theconstruction phase, including but not necessarily limited to, the following:

 

a) Identification of ecological protection areas/buffer zones and tree root protection areasand details of physical means of protection, e.g. exclusion fencing.
b) Pre-construction/construction working method statements for protected/priority species, such as nesting birds, amphibians, reptiles and bats.
c) Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW) shall be present on site.
d) Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).
e) Timeframe for provision of compliance report to the local planning authority; to be  completed by the ecologist/ECoW and to include photographic evidence.

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

REASON: To ensure adequate protection and mitigation for ecological receptors prior to andduring construction, and that works are undertaken in line with current best practice and industrystandards and are supervised by a suitably licensed and competent professional ecologicalconsultant where applicable.

 

9.       Prior to the start of construction, a Landscape and Ecology Management Plan (LEMP) shall be  submitted to and approved in writing by the Local Planning Authority. The LEMP will align withrecommendations in Sections 5.3, 5.8 and 5.9 and Appendices XII and IX of thesubmitted Ecological Appraisal and Phase 2 Surveys. Land Off Empress Way, Ludgershall,Wiltshire (Lyndsay Carrington Ecological Services, March 2022). It will include long termobjectives and targets, management responsibilities and maintenance schedules for eachecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.

The LEMP shall also include details of the legal and funding mechanism(s) by which long-termimplementation of the plan will be secured. The LEMP shall be implemented in full and for thelifetime of the development in accordance with the approved details.

 

REASON: To ensure the long-term management of landscape and ecological features retained and createdby the development, for the benefit of visual amenity and biodiversity for the lifetime of thescheme.

 

10.   Prior to construction commencing details of existing and proposed new lighting shall besubmitted to and approved by the Local Planning Authority in writing. The submitted details mustdemonstrate that a level of 0.5Lux or less can be achieved at the edges of sensitive habitatfeatures as defined in Section 4.2.2 and displayed on Appendix VII of the Ecological Appraisaland Phase 2 Surveys prepared by (Lyndsay Carrington Ecological Services (March 2022)including, but not exclusively; H2 along the northern boundary, H1 along the south western boundary, retained woodland shelter belts and new planting at the eastern and southernboundaries.

REASON: To avoid illumination of habitat used by bats.

 

11.   Prior to the commencement of development, a Plan shall be submitted to and approved in writing by the Local Planning Authority of: integral bat roosting and integral swift bricks within buildings.  The agreed Plan shall show the specification of the swift bricks and bat roosting features to be provided on a minimum of 20% of the new dwellings (approximately 38) and where they will be located, together with a timetable for implementation.

Reason: to maintain and enhance biodiversity in accordance with Wiltshire CP50, NPPF, and BS 42020:2013.

12.   Following completion of the dwellings and prior to their first occupation, a report from an appropriately qualified ecologist confirming that all integral bat roosting and integral swift brick features have been installed as per previously agreed specifications and locations together with photographic evidence shall be submitted to and approved in writing by the Local Planning Authority.

REASON: To demonstrate compliance with Wiltshire CP50, NPPF and BS 42020:2013.

13.   No development shall commence within the red line boundary of application 20/06554/FUL 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: To enable the recording of any matters of archaeological interest.
This is in accordance with Paragraph 205 of the NPPF, which states that ‘Local planning authorities should require developers to record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance and the impact, and to make this evidence (and any archive generated) publicly accessible’.

The programme of archaeological work should provide for the investigation in advance of the commencement of development of an area in the north-east of the application area where exploratory geophysical survey and archaeological investigation identified evidence for Roman settlement. This should be followed by a programme of assessment, analysis, reporting, publication, and archiving commensurate with the significance of the results to achieve the public benefit of the exercise.

 

14.   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 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.

 

REASON:  To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

15.   Prior to the commencement of development the applicant shall undertake an Air Quality Assessment (AQA) or Screening Assessment, to be approved in writing by the Local Planning Authority prior to commencement of construction. This must quantify the effect of the development on existing local authority air quality monitoring locations and sensitive receptors as well as the proposed development. It must also identify and make adjustments for all core strategy based development in the developments locality. Use of CURED data in the AQA is expected along with any other currently accepted approaches to AQA.  Any recommended measures to effectively mitigate emissions shall be implemented in accordance with the AQA.

 

REASON:  Development proposals, which by virtue of their scale, nature or location are likely to exacerbate existing areas of poor air quality, will need to demonstrate that measures can be taken to effectively mitigate emission levels in order to protect public health, environmental quality and amenity, in accordance with Core Policy 55 of the Wiltshire Core Strategy.

 

16.   No development shall commence on site until a scheme of Ultra Low Energy Vehicle infrastructure has been submitted to the LPA. The scheme must be approved by the LPA prior to implementation and thereafter be permanently retained.

 

REASON:  Development proposals, which by virtue of their scale, nature or location are likely to exacerbate existing areas of poor air quality, will need to demonstrate that measures can be taken to effectively mitigate emission levels in order to protect public health, environmental quality and amenity, in accordance with Core Policy 55 of the Wiltshire Core Strategy.

 

17.   Within 6 months of first occupation of the development hereby approved a full travel plan shall be submitted based on the framework travel plan. The full travel plan when approved shall be implemented including the appointment of a travel plan co-ordinator for three years from the date of first appointment.

 

REASON: In the interests of promoting sustainable patterns of travel to and from the development.

 

18.   Prior to first occupation of any dwelling hereby permitted the access from the development to the extension of Empress Way shall be provided with visibility with nothing to exceed the height of 600mm above carriageway level between the carriageway edge, and a line drawn from a point 2.4 metres back along the centre line of the access from the carriageway edge, to a point on the nearside carriageway edge 90 metres to the west. The visibility so provided shall thereafter be maintained.

 

REASON: In the interests of safe and convenient access.

 

19.   Prior to first occupation of any dwelling hereby permitted the extension of Empress Way including its verges and footways as detailed on plan number ITB15328-GA-005/F, to provide access to the development, shall have been provided to base course level and lit by street lighting.

 

REASON: In the interests of safe and convenient access. 

 

20.   Prior to first occupation of the 160th dwelling hereby permitted, the proposed link between the site and Moyne Drive (Granby Gardens) / Roberts Road / Simonds Road, including its carriageway and footways as detailed on plan number ITB15328-GA-022 Rev A – to provide a second vehicular and pedestrian access to the site – shall have been constructed/completed (surfaced in final tarmacadam wearing course).   

 

REASON: In the interests of good planning and to ensure resilience in the highway network achieved by a second vehicular access.

 

HIGHWAYS INFORMATIVE:

Public footpath LUDG2 runs through part of the development. The rights of way users must be safeguarded: the current route of the footpath must not be obstructed, except where temporary closures or diversions are required to construct the second point of access, or a diversion order must be achieved to divert the footpath to an unobstructed route.  The legal line of the PROW route must be kept open at all times, except where temporary closures or diversions are required to construct the second point of access. The definitive (legal) width of the route is 1m but a corridor of at least 2m must be kept open at all times, except in the above circumstance.

 

21.   The development hereby approved shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage). Within 3 months of each phase being completed and the development brought into use, a post construction stage certificate certifying that this standard has been achieved shall be submitted to the local planning authority for its written approval.  

 

REASON: To ensure that the development will be nutrient neutral. 

 

22. Prior to commencement of construction of the new section of road passing east-west through the open spaces on the site, a scheme for the traffic calming of this section of road shall be submitted for approval in writing by the local planning authority. The scheme shall be implemented and completed in advance of this section of road being first used by non-construction traffic or in accordance with a programme to be first agreed by the local planning authority.

 

REASON: In the interests of highway safety and amenity.

 

INFORMATIVE: The traffic calming scheme shall be designed to achieve traffic speeds on the road no greater than 20mph.