Agenda item

Demolition of former sports centre (class E(d)) involving redevelopment to form 13 no. dwellings (class C3) & associated works.

Public Participation

Gerry Murray of Nadder Community Land Trust (NCLT) spoke in support of the application

Bev Cornish (Clerk) spoke as representative of Tisbury Parish Council

 

The Senior Planning Officer, Becky Jones, summarised the late
correspondence which had been circulated at the meeting, relating to a response from the open space team for a suggested donation for off site play and adult provision and an update to the recommendation adding a further condition relating to the S106 and all those with an interest in the land, in Section 9 of the report.

 

The Officer went on to present the report on the application, which was for the demolition of a former sports centre (class E(d)) involving redevelopment to form 13 no. dwellings (class C3) & associated works. The application was recommended for Approval with conditions.

 

The issues of the case were noted as:

1. Principle of development and absence of 5 year housing land supply
2. Scale, design, impact on the character of the AONB and neighbouring amenity
3. Trees and Landscaping
4. Other S106 matters and contributions - waste, public open space, education and affordable housing
5. Highway safety
6. Biodiversity – Ecology, Chilmark bat SAC and River Avon catchment
7. Flood Risk and Drainage
8. The Planning Balance

 

Members had no technical questions of the Officer.

 

Members of the public as detailed above, then had the opportunity to speak on the application.

 

The NCLT noted its support and the close involvement they had had with the project which would secure affordable housing which would be available to people with a local connection.

 

The Freehold of the affordable homes would remain with the NCLT. The site was allocated in the Neighbourhood plan as a site for community development.

 

The Tisbury Parish Council representative spoke in support of the application, noting the importance of the development within the community. Issues identified in the report were noted, as was the agreement of the Stone Circle Development Company to honours its commitments as set out in their letter to Tisbury Parish Council dated 8th March 2022, which related to the treatment of the affordable housing proportion on the site. 

 

As the Division Member Cllr Nick Errington had declared an Interest and had left the room, he did not speak on the application.

 

The Chairman asked for a Committee Member to move a motion for debate.

 

Cllr Trevor Carbin moved the motion of Approval in line with the revised Officer recommendation, this was seconded by Cllr Hocking.

 

Cllr Carin noted that the site was a brownfield site on edge of Tisbury, which if approved would be able to provide an element of affordable homes to meet the need of the local community.

 

There had been comprehensive engagement between all parties, to deliver what was needed by the community.

 

The Committee discussed the application, the main points included clarification on what ‘local connection’ meant in terms of allocation of the affordable homes.

 

After discussion, the Committee voted on the motion of Approval, in line with Officer recommendation and the amended condition as set out in the late correspondence.

 

It was;

 

Resolved

That application PL/2022/00855 be Approved,subject to conditions and the applicant entering into a Section 106 Agreement to secure the following financial contributions:

·         £56,274 for primary school places

·         Secondary spaces contribution – to be confirmed

·         £10,000 towards Public Right of Way improvements on the adjacent right of way network

·         £1,183 for provision of containers for waste and recycling

·         £18,144 off-site play provision

·         £7,560 off-site adult provision

 

and to secure a scheme of 6 Affordable Housing Units with the agreed tenure mix, at nil subsidy, meeting NDSS design and floorspace standards, subject to the nomination rights remaining with Wiltshire Council and the homes being transferred to a Registered Provider, approved by the Council, or to the Council.

 

And subject to the following conditions:

 

1. No commencement of the development shall occur until all those with an interest in the land comprising the development hereby permitted have entered into a planning obligation with the local planning authority under Section 106 of the Town and Country Planning Act 1990 in the form attached and which secures the heads of terms approved by the Southern Area Committee on 8 December 2022.

 

Reason: To ensure that the appropriate contributions that are required for the development are secured by an appropriate legal agreement between the Council and the landowner.

 

2.    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.

 

3.    The development hereby permitted shall be carried out in accordance with the following approved plans listed in the schedule:

 

Location (red line) Plan ref 2827 001 dated Nov 2021

Proposed Site Plan ref 2827 120 Rev C dated Nov 2021

(Proposed Site Plan in context ref 2827 121 Rev C dated Nov 2021)

Proposed Floor Plans and Elevations Plots 1-3 ref 2827 125 Rev B dated Nov 2021

Proposed Floor Plans and Elevations Plot 4 ref 2827 126 Rev A dated Nov 2021

Proposed Floor Plans and Elevations Plot 5 ref 2827 127 Rev B dated Nov 2021

Proposed Floor Plans and Elevations Plots 6-7 ref 2827 128 Rev A dated Nov 2021

Proposed Floor Plans and Elevations Plots 8-9 ref 2827 129 Rev A dated Nov 2021

Proposed Floor Plans and Elevations Plots 10-11 ref 2827 130 Rev B dated Nov 2021

Proposed Floor Plans and Elevations Plots 12-13 ref 2827 131 Rev B dated Nov 2021

Proposed Car Barn and Cycle Store ref 2827 132 Rev A dated Nov 2021

Proposed Street Scenes ref 2827 140 Rev B dated Nov 2021

Boundary Treatments ref 2827 150 dated June 2022

Ecological Assessment, Ethos Environmental Planning ref ETH21-105 V 3 dated July 2022

Drainage Technical Note ref Acl665/21020/TN dated 7^th July 2022

Planning Design and Access Statement ref 2827/DAS dated Jan 2022

Arboriculture Impact Assessment, Constraints Plan and Method Statement, by Sharples Tree Services dated Jan 2022

Transport Statement v2 by Entran Ltd dated Jan 2022

Preliminary Drainage Strategy ref 21-020-003 dated Sept 2021

Flood Risk Assessment and Drainage Strategy ref Acl589/21020/FRA/DS dated Sept 2021

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

 

4.    No development shall commence on site above slab level until the exact details and samples of the materials to be used for the external walls and roofs of the dwellings and car ports 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: In the interests of visual amenity and the character and appearance of the area and the setting of the AONB.

 

5.    Any new external street and artificial (domestic) security lighting shall achieve a level of 0.5 lux or less at the edges of the site’s boundary features (hedges, tree lines and all other linear features at the site boundaries). External light fittings throughout the site shall be low level wherever possible, pointing downwards and avoiding any increase in the ambient light within, adjacent to and particularly above the site.

 

Any new external street light fixture within the site shall be installed in accordance with the appropriate Environmental Zone standards (E0 for the AONB) set out by the Institute of Lighting Engineers in their publication “Guidance Notes for the Reduction of Obtrusive Light” (ILE, 2005)” and shall be maintained thereafter.

 

 

REASON: In the interests of the amenities of the AONB and its setting, to minimise unnecessary light spillage above and outside the development site and to avoid excessive illumination of habitat used by bats.

6.    No part of the development hereby permitted shall be first occupied until the access, turning area & parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall always be maintained for those purposes thereafter.

 

REASON: In the interests of highway safety.

 

7.    The development hereby permitted shall not be first occupied, until the cycle parking facilities shown on the approved plans have been provided in full and made available for use. The cycle parking facilities shall be retained for use in accordance with the approved details 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.

8.  The development hereby permitted shall not be first occupied until a scheme for the future maintenance of the roads and other communal areas has been submitted to, and approved in writing by, the Local Planning Authority.

REASON: To ensure that satisfactory arrangements for the future maintenance of those areas are in place.

 

9. 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 but not necessarily limited to, the following:

 

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 and noise mitigation and wheel washing for vehicles;

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. Confirmation that there shall be no burning undertaken on site at any time.

xi. Details to demonstrate how water quantity and quality will be managed throughout the construction process.

 

and also:

 

a. Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing.
b. Working method statements for protected/priority species, such as nesting birds and reptiles.
c. Mitigation strategies already agreed with the local planning authority prior to determination, such as for great crested newts, dormice or bats; this should comprise the pre- construction/construction related elements of strategies only.
d. 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.
e. Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).
f. Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence.

 

The development shall be implemented in accordance with the agreed details in the CEMP.

  

Reason: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable. 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 where applicable. To protect the water environment during construction.

 

10.The proposed scheme for Ultra Low Energy Vehicle infrastructure shown on the Proposed Site Plan and drawings hereby approved shall be implemented in full before the dwellings are occupied and maintained at all times thereafter.

Reason: Core Policy 55; 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.

 

11.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 (including asbestos) 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 and any adjacent sites for at least the last 100 years and a description of the current condition of the sites 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 and the potential impact of any adjacent sites. 

Step (ii)           If the above report indicates that contamination may be present on, under or potentially affecting the proposed development site from adjacent land, 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 must be 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: Core policy 56, To reduce the risks associated with land contamination

 

12.The hours of construction for the development shall be limited to 0800 to 1800 hrs Monday to Friday, 0800 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.

Reason: In the interests of neighbouring amenities.

 

13.The development hereby approved shall not commence until detailed drainage design drawings & calculations, demonstrating the finalised drainage design have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed drainage details before the dwellings are occupied.

Reason: It is noted that the drainage strategy drawings submitted are "preliminary for planning" and finalised details are required to be agreed by the LLFA before development commences.

 

14.The development hereby approved shall be carried out in strict accordance with the following documents:

·         Section 8 (Recommendations) of the updated Ecological Assessment, Former Sports Centre, Tisbury, dated July 2022 by Ethos Environmental Planning and

·         Ecological Management Plan (EMP), Former Sports Centre, Tisbury, dated July 2022 by Ethos Environmental Planning.

 

All enhancement measures (for bats, swifts, bees and other birds) shown in Figure 3 of Section 3 (Management Prescriptions) and the nesting and roosting provisions in Table 3 shall be implemented before the dwellings are occupied and maintained for the lifetime of the development.

 

The post demolition management prescriptions in Table 2 shall be implemented in accordance with the management prescriptions for the lifetime of the development.

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity

 

15.The development hereby approved (including site clearance, storage of materials and other preparatory work) shall be implemented in accordance with the Arboriculture Impact Assessment, Constraints Plan and Arboricultural Method Statement (AMS), by Sharples Tree Services dated Jan 2022. Thereafter the development shall be undertaken only in accordance with the approved details, unless the Local Planning Authority has given its prior written consent to any variation.

 

The approved AMS shows the areas which are designated for the protection of trees, shrubs and hedgerows, hereafter referred to as the Root Protection Area (RPA). Unless otherwise agreed, the RPAs will be fenced, in accordance with the British Standard Guide for Trees in Relation to Construction (BS.5837: 2012) and no access will be permitted for any development operation.

 

REASON: To protect the amenity value of the trees, shrubs and hedgerows growing within or adjacent to the site.

 

16.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:

•  a detailed planting specification showing all plant species, supply and planting sizes and planting densities;
• means of enclosure in plan form (all railings, fences, gates, walls or other means of enclosure)

• car park layouts;
• all hard and soft surfacing materials;
• All new trees, of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428

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. In the interests of good design to reduce the risk of crime and antisocial behaviour, visual amenity and the character and appearance of the area.

 

17. 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.

18. The dwellings hereby approved shall not be occupied until the Building Regulations Optional requirement of maximum water use of 110 litres per person per day has been complied with.

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

19. Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (or any Order revoking or reenacting or amending that Order with or without modification), no window,
dormer window or rooflight, other than those shown on the approved plans, shall be inserted in the elevations and roof slopes of the dwellings hereby approved.

REASON: In the interests of residential amenity and privacy.

20. No air source heat pumps shall be installed on the dwellings hereby approved until a Microgeneration Certification Scheme (MCS) accreditedinstaller has demonstrated the Air Source Heat Pump (ASHP) installation will meet the requirements of the MCS Planning Standard; and the ASHP will produce a noise level of no more than 42dB LAeq (5mins) at the nearest bedroom/lounge window when operating; through source noise level data, distance attenuation and screening calculations. MCS compliance certification must be submitted to the LPA within 3 months of installation.

 

Reason: In the interests of neighbouring amenities.

Informatives

SuDS features should be constructed in line with the guidance provided within the CIRIA SuDS Manual Infiltration drainage features must be constructed in accordance with Wiltshire Council's soakaway guidance.

For guidance on external lighting – please visit http://www.ccwwdaonb.org.uk/publications/aonb-management-plan/ and view Dark Night Skies.