Agenda item

15/04736/OUT - Land south east of Trowbridge

Meeting of Strategic Planning Committee, Wednesday 11 January 2023 10.30 am (Item 9.)

Outline planning application for mixed use development comprising: residential (up to 2,500 dwellings - Classes C3 & C2); employment (Class E (‘Business’ only), B2, and B8); two local centres (Classes E, C2, and C3); two primary schools, one secondary school, ecological visitor facility, public open space, landscaping and associated highway works including for the ‘Yarnbrook / West Ashton Relief Road’ and the access junctions.

Minutes:

The Committee reconvened at 12.15pm.

Public Participation

Anne Henshaw, Chairman of the Wiltshire CPRE spoke in objection to the application

Francis Moreland spoke in objection to the application.

Chris Minors of Persimmons spoke in support of the application.

Andrew Guest, Head of Development Management presented a report which recommended that the Strategic Planning Committee continued to authorise the Head of Development Management to either grant planning permission, with conditions, subject to S106 legal agreements being entered into, or to refuse permission if the S106 legal agreements were not completed by 30 September 2023.

Attention was drawn to late representations from Ken McCall, Co-ordinator for the Campaign for a Better Trowbridge, which had been circulated to the Committee. The officer would deal with the issues raised within his presentation.

It was explained that this application was back before the Committee as the latest deadline for the S106 legal agreement was approaching (on 31 January 2023). Whilst the S106 was progressing very well, there was work still to do, which it was not thought possible to complete prior to the deadline. Therefore, an extension to the deadline to compete the legal agreements was being sought.

The applicants had also requested an extension until 30 September 2023, due to the changing market conditions which they felt affected the viability of the project.

The officer highlighted that if the Committee refused the application, this would likely result in an appeal, resulting in considerable costs to the council.

The Chairman highlighted that this application had first been considered in April 2018, where delegation to grant permission was given, subject to successful completion of S106 legal agreements, and it had been back to the Committee at various points since then for extensions to the deadline to complete the agreements. It was now back before the Committee again due to commercial constraints. The Chairman was anxious that the Committee ask as many questions as possible in order to get the decision right. He was keen that the application should not come before the Committee again.

Members of the committee then had the opportunity to ask technical questions of the officer.

Members questioned the difference that 8 months would make to the economic environment and the rationale behind that argument.

Members also queried what affect the delay would have on the Housing Infrastructure Fund (HIF). The officer stated that the answer to that was not known, if the HIF fell away it would not be make or break for the applicant in terms of viability. If the economy was in a better place, then the proposal should be viable. However, from a Wiltshire Council point of view it would be unfortunate if HIF funding (approximately £8.5 million) was lost. The deadline for the HIF funding was the end of March 2023 and discussions were ongoing as to whether the deadline for that would be extended.

Nic Thomas, Chief Planning Officer explained that the 8 month extension was to allow the applicant to negotiate with the land owners. So, it was not to say that the economy would be recovered in 8 months. The applicant had also stated that they would progress the first phase of the reserved matters application during that period, so time would not be lost. It was explained that it was unusual for planning committees to grant permission to applications of this type and then impose a timescale on completion of the S106 legal agreements. These were usually open ended and could go on for many years. The deadline had been imposed originally for good reasons, in order to progress the 5 year Housing Land Supply (HLS) which the development was crucial to. If the application was refused there would be significant consequences regarding the 5 year HLS and the Local Plan.

Members queried whether resources / staff shortages had contributed to the delays with the S106 and could do so again going forward. Mr Guest stated that it was possible they had.

Sarah Hickey, Wiltshire Council Solicitor gave clarification on the capacity within the legal team. Her understanding was that the S106 may already be with the council’s external solicitors, therefore there was capacity to move it forwards. There were matters of process which had to be followed and took time, and issues with signing the agreement, which involved many different landowners, some of whom lived offshore.

Several statements or questions were raised which needed to be addressed by the applicant rather than officers. The Chairman requested that the applicant make a note of these and address them in their public speaking slot.

Members queried the logic of having their hands tied by the lack of a 5 year housing land supply when there were possible changes to the legislation afoot. Officers explained that it was critical to get a Local Plan adopted to help address the 5 year HLS and that the government proposal was just that. It was not known if or when any changes would come into effect.

Members also asked if the percentage of social housing on the site could be increased if they were to consider an extension. It had previously been reduced to make the proposal more viable. Officers explained that this was not recommended. Any changes would delay the whole process and require renegotiation.

Members queried whether it would be possible to extend the deadline for the S106, but only to March 2023, or to extend it co-terminus with the expiry of the HIF agreement, in case the expiry for that was extended. Officers highlighted that the request from the applicant was to extend until September 2023 and if that was changed, they may not have enough time to renegotiate land option agreements with landowners. Officers felt that changing the deadline would not affect what happened with the HIF. Officers also felt that to extend co-terminus with the expiry of the HIF was inadvisable, as this would tie the date to a deadline we were not in control of.

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

Objectors raised concerns with the developers requesting a longer extension due to the market conditions as it was not thought these would improve enough within the timescale to make any difference. Other issues raised included the previous reduction in affordable housing; concerns that other deliverables such as highways improvements and schools may also be reduced or fall by the wayside; issues with the Wiltshire Core Strategy and the failure to demonstrate a 5 year HLS; that there had already been plenty of time to complete the s106; that this seemed like a developer led process and that any further extension should not exceed 3 months.

Chris Minors of Persimmon spoke in support of the application and responded to points raised by the Members. It was explained that there were two aspects, timing and viability. Irrespective of financial conditions more time was still required to compete the agreements, which it would not be possible to do by the end of January deadline. There were a large number of landowners involved, the agreement required wet ink signatures and some of the landowners resided overseas. Their solicitors would need to examine the agreement prior to signing so this would take time.

Persimmon were progressing a separate agreement with the Wiltshire Wildlife Trust (WWT) regarding the bat habitat and bringing forward mitigation to last in perpetuity. They were also working concurrently on the first phase of the reserve matters application, so the timings for the whole project would not be affected by an extension to the S106 agreement deadline to September 2023.

The affordable housing level had been 30% which after undertaking a detailed viability assessment was determined as unviable, hence the reduction to 20%. The scheme carried a significant infrastructure burden, which they were committed to delivering. The company needed to balance profits, costs and a reasonable return to the landowner, which was a planning consideration in the NPPF.

Persimmon hoped that the financial climate would improve, and inflation was already starting to settle. This would bring more certainty and help the debate with landowners.

Persimmon were asking for the extension to September 2023 as they were sure they could complete by then. If the extension was to the end of March 2023, they could potentially finish the S106 and WWT agreement. However, they did not think that this would give them enough time to discuss matters with the landowners. Regarding the HIF, they had been meeting with various Wiltshire Council officers to explore ways in which the funding could remain secured for the council and they would do what they could to help with that.

Councillor Philip Whitehead, at the discretion of the Chairman, due to Councillor Whiteheads previous role as Leader of the Council and his knowledge of the application, spoke regarding the item. Whilst Councillor Whitehead gave his support to the application, he was very concerned about extending the S106 deadline to September 2023. By the applicant’s own admission, the S106 was progressing well. He felt that the council were being asked to consider the financial position and concerns of the applicant which was not the councils problem. He felt that the economy was stabilising, and viability was not an issue, but rather the issue was a short-term cash flow problem for Persimmon, which again was their problem. Excerpts from comments made by the Chief Executive of Persimmon were read out, which highlighted how well the company were performing.

Cllr Whitehead also highlighted the HIF expiry date. He felt that the Committee should extend the S106 deadline but only until the end of March 2023 and if the application had to come back to the Committee at that point, the applicants should have a better argument for extending the deadline to complete the agreements.

The Chairman opened the debate with a proposal which was the officer recommendation as detailed in the agenda, but with the completion date for the S106 agreements changed to 31 March 2023. This was seconded by Councillor Pip Ridout.

During debate several Members questioned the reasons for the extension given by Persimmon regarding the financial climate and viability as they did not feel that the argument was sensible. If it was not viable now, it was unlikely to be viable by September. It was felt that the homes would sell, and the developer was used to the cyclical nature of the housing market.

Most Members had concerns regarding the HIF and losing the circa £8.5 million if the S106 was not agreed by the March expiry date for the HIF. Members also expressed unease as they felt beholden to the developers due to the shortfall in the 5 year HLS. They also felt they should not be swayed by the possible costs of an appeal.

Others felt that there was fault on all sides and that Wiltshire Council allocating so many houses to Trowbridge and expecting these to be built quickly was unrealistic. The developer did not have a moral obligation to build houses as quickly as possible. They felt that the officer recommendation should be followed.

Most Members stated support for the Chairman’s motion, feeling that it was a good compromise, as they wanted the site to go ahead, but had concerns regarding the HIF and the 5 year HLS.

Note: Councillor Sarah Gibson left the meeting at 1.40pm due to a prior commitment.

At the conclusion of the debate it was;

Resolved:

That the Strategic Planning Committee continues to authorise the Head of Development Management to ….

Either GRANT planning permission, this subject to the following ‘legal agreements’ being first entered into:

1. an obligation under Section 106 of the Town and Country Planning Act 1990 between the applicant and Wiltshire Council requiring provision of the following:

· minimum 20% affordable housing provision in the first 500 units; minimum 25% affordable housing provision in the next 500 units; and minimum 30% provision in all units thereafter;

· Two new primary school sites of at least 1.8 ha each. Primary education financial contribution (of £9,509,390 (2017 figure) based on 2,500 dwellings; adjusted accordingly depending on final numbers) completion of two schools;

· One new secondary school site of 5.24 ha. Secondary contribution (of £8,463,708 (2017 figure) based on 2,500 dwellings; adjusted accordingly depending on final numbers);

· ‘Early Years’ education contribution (of £3,863,313 (2017 figure) based on 2,500 dwellings; adjusted accordingly depending on final numbers) or on-site provision;

· Health / dental care contribution of £1,108,500 (2015 figure, to be adjusted for indexation), to be used for sites in Trowbridge Community Area only and subject to such sites remaining in NHS/public ownership;

· Elements of open space (equipping/phasing/maintenance contributions/etc.);

· Ecological mitigation, to be set out in a Biodiversity Management Plan covering the management, mitigation, monitoring and enhancement of all habitats and species affected by the development during the pre-construction, construction and operational phases, both within the application boundary and on land owned by Wiltshire Wildlife Trust. To include –

o Provision of, and/or provision of funding for, a Steering Group to oversee implementation of the Biodiversity Management Plan;

o Provision of, and/or provision of funding for, visitor facility, and related land transfer arrangements;

o Provision of ecology Green Infrastructure, related maintenance/long term management contributions, ecological monitoring including remedial works triggered by monitoring and related land transfer arrangements;

o Provision of, and/or provision of funding for, full time wildlife warden, and mechanism for his/her perpetual funding;

o Agreement that no public access will be allowed through the agricultural land identified for employment use other than to areas which have been developed for that purpose. An impenetrable barrier will be maintained between housing and employment land on the east side of West Ashton Road until at least 75% of the employment site has been completed at which point a public footpath will be provided between the two which will breach the impenetrable barrier at a single point.

o Financial contribution towards the cost of monitoring implementation and maintenance of mitigation, with bond or other means of security secured against non-delivery and/or non-maintenance of mitigation.

o Provision for revision of the Green Lane and Biss Woods Management Plan to incorporate requirements arising from the Biodiversity Management Plan and the Habitats Regulations Assessment (including Appendix 2).

· Elements of transport infrastructure in line with the Trowbridge Transport Strategy, notably –

o Completion of funding agreement with Wiltshire Council for the provision of YWARR and commuted sum for structures maintenance;

o Provision and completion of Yarnbrook and West Ashton Relief Road (including works to redundant A350 and all other associated highway works), phased or in entirety, subject to the timescales set out by the HIF and LEP;

o Provide and deliver a Bus Strategy for the site, identifying how a half hourly service between the site and the town centre can be achieved, firstly through the negotiation with commercial operators for a commercial service, or, secondly, and in the event that a commercial service cannot be initiated and/or maintained, by a supported service, funded at the reasonable cost of the developer. The bus service shall be provided for a period from occupation of the 50th dwelling to up to three years following occupation of the 2,450th dwelling, the exact period dependent on the commercial viability or otherwise of the service at the time. The Bus Strategy shall set out how the funding arrangements will work in the event that a supported service is required;

o Provision of travel plans for the separate land uses on the site;

o Financial contributions towards the legal costs associated with making of traffic regulation orders at a cost of £6,000 per identified TRO;

o Implementation of all made legal orders relating to highways and transport issues associated with the site;

o ‘Contingency Plan’ for planned diversion of public footpaths NBRA9 and NBRA11;

o Design and provide a wayfinding scheme aligned to the phasing of the development;

o Construction and improvement of off-site highway works associated with the Yarnbrook and West Ashton Relief Road, alterations to West Ashton Road and improved connectivity to the town centre and to the White Horse Business Park;

o Connectivity (vehicular) between Drynham Lane and site, unless secured by alternative means;

· Waste collection facilities contribution.

2. A legal agreement between Wiltshire Wildlife Trust and Wiltshire Council to achieve implementation and maintenance of ecology mitigation measures relevant to the Trust via a revised Management Plan for Green Lane and Biss Woods covering the following:

· To provide an account of the role the site plays in achieving the conservation objectives of the Bath and Bradford on Avon Bats SAC, and a specific objective to maintain the population of Bechstein’s bats through maintenance of the structure and function of the habitats within the plan area;

· To incorporate all relevant land transfers to WWT and commit the trust to managing these in line with the objectives of the revised plan;

· To define the operating constraints for the ecological visitor centre and car parking arrangements which arise from the potential for recreational pressure to reduce the value of the site for Bechstein’s bats;

· To set out types and levels of acceptable amenity and educational use and the means by which these will be monitored and reviewed;

· To set out what constitutes acceptable and unacceptable fire making and a protocol to be followed to minimise and deal with the latter;

· To include an objective regarding the maintenance, and where necessary, replacement, redesign and / or repositioning of bat boxes for Bechstein’s bat use;

· To recognise the role of the Steering Group in reviewing the implementation of relevant aspects of the management plan, monitoring results and implementation of remedial measures;

· To anticipate the potential effects of increased visitor numbers and identify monitoring to be undertaken, thresholds for unacceptable change and remedial measures.

Management Plan to be implemented by Wiltshire Wildlife Trust with governance of relevant elements by the Steering Group.

The agreement will also commit the Trust to employ a full time warden to implement the plan and to engage with local residents in order to enhance understanding of local ecological features with a view to reducing impacts from potentially damaging behaviours.

Orin the event that the S106 legal agreements are not now completed in accordance with the above terms by 31 March 2023, to authorise the Head of Development Management to then – in these circumstances – REFUSE planning permission for the following reason –

1. The planning application fails to make provision for essential infrastructure made necessary by the proposed development – namely, affordable housing, education facilities, health facilities, open spaces, ecology mitigation, highways infrastructure and waste collection facilities. With particular regard to affordable housing, the planning application fails to make adequate provision for affordable housing in accordance with adopted affordable housing policy and/or fails to offer a means of achieving compliance with adopted affordable housing policy over the lifetime of the development.

This is contrary to Core Policy 3 (‘Infrastructure Requirements’) and Core Policy 43 (‘Providing Affordable Housing’) of the Wiltshire Core Strategy and national planning policy (paragraph 57 of the National Planning Policy Framework and ‘Viability’ guidance in the Planning Practice Guidance).

A planning permission will be subject to the following planning 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 Act 2004.
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 of the development; 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(s) for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of fifteen 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 outline element of the development hereby approved shall make provision for the following: (i) At least 13.6 ha of land for employment purposes (Class E (‘Business’ only), B2 and/or B8 uses); (ii) Two separate sites of at least 1.8 ha each and two separate 14-class primary schools thereon, and a single serviced site of at least 5.24 ha for a secondary school; (iii)Two separate sites of at least 1 ha and 0.2 ha respectively for two separate 'local centres'; in combination the local centres to provide suitable premises which could include a mix of convenience shops and small other shops, community facilities, 'early learning' facilities and ‘food & drink' premises (Class E), 'drinking establishments' (Class A4) and 'hot food & takeaway' uses (Class A5); (iv)Sites for public open space to be sited, laid-out and equipped in accordance with the specifications set out in the West Wiltshire Leisure and Recreation DPD (or any subsequent replacement DPD); and to include at least 6.35 ha of formal sports pitches with pavilion / changing rooms / parking, at least 1.2 ha of 'destination play' area, at least 44.4 ha of major open space or country park (to include an Ecological Visitors Facility), at least 14.4 ha of natural and semi-natural open space including structural planting, and at least 0.9 ha of allotments; (v) An 'Ecology Visitors Facility'; and (vi)Up to 2,500 dwellings of which no more than 315 (including within the 'local centre') are to be provided on the north-east side of West Ashton Road. The 'layout of the development' (as to be submitted and approved under condition no. 2) shall accommodate all of the above broadly in accordance with the 'Indicative Masterplan' (drawing no. A.0223_77-01 Rev AB) dated 20/04/17 and the related parameters plans set out in the Design and Access Statement. REASON: To ensure the creation of a sustainable and balanced urban extension, in accordance with the requirements of the Wiltshire Core Strategy and the intentions of the Design and Access Statement accompanying the planning application.
5	The development hereby approved shall be carried out substantially in accordance with the following approved plans: Indicative Masterplan - A.0223_77- 01 REV: AC; Movement and Access Parameter Plan – A.0223_17-2G; Building Heights Parameter Plan – A.0223_19-1L; Green Infrastructure Parameter Plan – A.0223_16-1M; Land Use Parameter Plan – A.0223_19-1N; Design and Access Statement – A.0223_26-2N dated September 2017; 889_200 rev C Phasing Plan REASON:To define the terms of this outline permission.
6	With the exception of the Yarnbrook & West Ashton Relief Road, before any other parts of the development hereby approved are commenced the following shall have been carried out: (a) The submission to the local planning authority for approval in writing of detailed schemes for 'advance ecology mitigation', broadly in accordance with the Green Infrastructure & Biodiversity Strategy dated September 2017, as follows - (i) a scheme for strengthening of the hedgerow alongside West Ashton Road to the south-west corner of Biss Woods with thorny planting and fencing, and provision for future maintenance; (ii) schemes for the 100m buffer between Biss Woods and the employment land and between the employment land and the east of West Ashton Road housing land, to include landscaping with appropriate impenetrable fencing and hedge planting and provision for future maintenance in accordance with Figure 6.2 of the ES Addendum Volume 1; (iii)a scheme for the Attenuation pond based on Figure 6.1 of the ES Addendum Volume 1, creating a barrier to pedestrian access between the Green Lane Nature Park Extension and the east of West Ashton Road residential area to include landscaping, fencing and provision for future maintenance; (b) The implementation and completion of all of the above schemes as approved and continuing maintenance thereafter in accordance with the maintenance elements of the schemes. Before 150 of the dwellings on that part of the application site to the east of West Ashton Road are first occupied the following shall have been carried out: (a)The submission to the local planning authority for approval in writing of detailed schemes for 'further ecology mitigation', broadly in accordance with the Green Infrastructure & Biodiversity Strategy dated September 2017, as follows - (i) A scheme for a circular pedestrian footpath route which will be at least 3km in length and link the Green Lane Nature Park with the River Biss (with minimal use of roads). The scheme will include details of the footpath - its width, surfacing materials, fencing and signposting. (ii)a scheme for the laying out and equipping of the 'Biss River Corridor' and enhanced planting between Biss Woods and the River Biss and the Green Lane Nature Park Extension, to include landscaping, boundary treatments and provision for future maintenance, where relevant in accordance with the specifications set out in the West Wiltshire Leisure and Recreation DPD (or any subsequent replacement DPD); (b)The implementation and completion of all of the above schemes as approved. REASON: To safeguard ecological interests, and specifically bats and their habitats.
7	The 'means of access' to the site (which for the purposes of this condition includes the entire proposed Yarnbrook & West Ashton Relief Road and its related new roundabout junctions, the alterations to the existing West Ashton Road/Bratton Road/A350 junction, the new roundabout 'R4', the new spur roads and related bridges (from West Ashton Road and new roundabout R2), and the West Ashton Road Cycleway Provision) shall be constructed substantially in accordance with the following 'PFA Consulting' drawings: · P480/100 Figure 6.5 Rev F (Yarnbrook & West Ashton Relief Road Sheet 1 of 4) dated 18/08/17 · P480/101 Figure 6.6 Rev G (Yarnbrook & West Ashton Relief Road Sheet 2 of 4) dated 18/08/17 (as amended through an email from Aspect Ecology (AB to LK) dated 2/3/18) · P480/102 Figure 6.7 Rev F (Yarnbrook & West Ashton Relief Road Sheet 3 of 4) dated 28/07/17 · P480/103 Figure 6.8 Rev E (Yarnbrook & West Ashton Relief Road Sheet 4 of 4) dated 18/08/17 · P480/104 Rev D (Central Roundabout (R4) Access on West Ashton Road) dated 18/08/17 · P480/105 Rev E (Northern Site Accesses & Cycleway Provision) dated 08/09/17 · P480/106 Figure 6.4 Rev F (Yarnbrook & West Ashton Relief Road Overview) dated 18/08/17 · P480/107 Rev E (Northern Junctions & Cycleway Provision Overview) dated 08/09/17 · P480/108 Figure 6.9 Rev B (Typical Section H-H through Relief Road with Elevation of Culvert) dated 07/07/17 · P480/109 Rev C (West Ashton Road Northern Cycleway Improvements) dated 09/09/17 · P480/110 Figure 6.10 Rev E (Yarnbrook & West Ashton Relief Road. Possible Planting Along Existing A350) dated 18/08/17 · P480/111 Rev C (Typical Section Through Relief Road (Roundabout R1-R2)) dated 18/08/17 · P480/112 Rev F (Primary Highway Works Plan) dated 08/09/17 · P480/113 Rev C (Access Junctions Swept Paths) dated 18/08/17 · P480/26 Figure 6.11 Rev D (Yarnbrook & West Ashton Relief Road Indicative Bridge General Arrangement) dated 18/08/17 · P480/41 Figure 6.12 Rev D (Yarnbrook & West Ashton Relief Road Southern Access Bridge General Arrangement) dated 18/08/17 · P480/51 Figure 6.13 Rev A (Northern Access Bridge General Arrangement) dated 02/04/14 · P480/114 Rev A (Highway Long Sections Sheet 1 of 4) dated 07/07/17 · P480/115 Rev B (Highway Long Sections Sheet 2 of 4) dated 07/07/17 · P480/116 (Highway Long Sections Sheet 3 of 4) dated 04/14 · P480/117 Rev A (Highway Long Sections Sheet 1 of 4) dated 07/07/17 · P843/08 Rev A (Biss Wood Scout Camp Site Access Visibility) dated 02/01/18 · P480/118 (Yarnbrook and West Ashton Relief Road. Minor amendment to R1 to access Paddock) dated 25/01/18 The means of access shall be provided in accordance with the Phasing Plan and Order of Delivery Schedule to be submitted and approved under condition 5. REASON: To ensure proper and timely delivery of the means of access in accordance with the agreed scheme and in the interests of highway safety.
8	With regard to the reserved matter relating to the landscaping of the site, the details to be submitted for each Phase shall be in accordance with the following documents forming part of the application: · Green Infrastructure and Biodiversity Strategy (September 2017); · ES Addendum Volume 1 Figures 6.1 and 6.2 showing details of design of attenuation ponds and buffer between employment and residential land; · ES Addendum Volume 1 Figures 6.4, 6.17, 6.18 and 6.19 showing details of dark corridors through mixed use development. The details themselves shall include where relevant the following: · location and current canopy spread of all existing trees and hedgerows on the land; · full details of any trees and hedgerows to be retained, together with measures for their protection in the course of development; · a detailed planting specification for new planting 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); REASON: 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 and ecology features.
9	Notwithstanding the landscaping details submitted for the 'access' elements of the application (including the Yarnbrook / West Ashton Relief Road), no development within any Phase or sub Phase relevant to that part of the access shall commence until a scheme of soft landscaping for that part of the access 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 their protection 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; · minor artefacts and structures (e.g. signs, etc); · proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc); REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features and in the interests of wildlife.
10	All soft landscaping comprised in the approved details of landscaping for any particular Phase or sub Phase of the development shall be carried out in the first planting and seeding season following the first occupation of any building within the Phase or the completion of the Phase or sub Phase 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.
11	No demolition, site clearance or development shall commence on site within any particular Phase or sub Phase, and; no equipment, machinery or materials shall be brought on to site for the purpose of development within the particular Phase, until a Tree Protection Plan showing the exact position of each tree/s and their protective fencing in accordance with British Standard 5837: 2012: "Trees in Relation to Design, Demolition and Construction -Recommendations"; has been submitted to and approved in writing by the Local Planning Authority, and; The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development Phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations. No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 "Tree Work - Recommendations" or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise. If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority. No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land. [In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the date of commencement of the Phase or sub Phase]. REASON: To safeguard trees to be retained in the interests of amenity.
12	Before the first occupation of 1,250 dwellings on any part of the application site (or before a percentage/number to be otherwise agreed in writing by the local planning authority are first occupied) the following shall have been carried out: (a) The submission to the local planning authority for approval in writing of a scheme for the marketing of the 'Proposed Employment' land and the commercial elements of the 'Proposed Local Centres'; (b) Implementation of the marketing scheme in accordance with the approval; (c) Construction and operation of the roundabout junction (R4) and at least 20m of the spur road and related services into the 'Proposed Employment' land. REASON: To accord with the proposal and the requirements of the Wiltshire Core Strategy in that it allocates part of the application site for employment development.
13	With the exception of the 'Advance Ecology Mitigation', prior to the commencement of the development Stage 2 Road Safety Audit(s) shall be carried out for the Yarnbrook & West Ashton Relief Road and all other elements of the 'access' (either singly or in combination), and this/these shall be submitted to the local planning authority for approval in writing before any highway construction works begin. Thereafter, no development shall commence in any particular Phase or sub Phase of the development until full construction details/drawings of the means of access within that Phase or sub Phase have been submitted to and approved in writing by the local planning authority. Following approval the 'access' shall be constructed in accordance with the approved details/drawings and agreed Stage 2 Road Safety Audit(s). REASON: In the interests of highway safety.
14	Notwithstanding the references in the Design and Access Statement, the development hereby approved shall make provision for vehicle parking in accordance with the Wiltshire Council Local Transport Plan 3 dated 2015. In this Strategy domestic garages will only count towards the parking provision if the minimum dimensions specifed in the Strategy are achieved. REASON: To ensure sufficient vehicle parking in the development in the interests of highway safety.
15	No development shall commence within any particular Phase or sub Phase of the application site until: (a) A written programme of archaeological investigation for the Phase, 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 contains 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.
16=	No development hereby approved (save for the construction of the Yarnbrook & West Ashton Relief Road) shall commence in any sub Phase of the development which includes land either adjacent to the railway line or adjacent to the 'green corridor' alongside the railway line until details of measures to safeguard the amenities of future occupants of the development within the sub Phase from potential noise disturbance from trains have been submitted to and approved in writing by the local planning authority. The Development shall then be carried out in accordance with the approved details. REASON: The railway line will be a potential source of noise disturbance to future nearby occupants of the development. This disturbance can be removed and/or reduced to acceptable levels through appropriate design and layout.
17	The application is supported by evidence which demonstrates that the potential for significant concentrations of contaminants to be present within the application site is low. However - (a) If, during any Phase or sub Phase of the development, any evidence of historic contamination or likely contamination is found, the developer shall immediately cease work within the Phase or Sub Phase and contact the Local Planning Authority in writing to identify what additional site investigation may be necessary; and - (b) In the event of unexpected contamination being identified, all development within the relevant Phase or sub Phase of development shall cease until such time as an investigation has been carried out and a written report submitted to and approved in writing by the Local Planning Authority, any remedial works recommended in that report have been undertaken and written confirmation has been provided to the Local Planning Authority that such works have been carried out. Construction shall not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out. REASON: To ensure that potential land contamination is dealt with adequately in the interests of protecting the environment.
18	Prior to the commencement of any Phase or Sub Phase of the development which includes or affects any public rights of way within the Phase or Sub Phase, detailed schemes for the improvement of these rights of way (including widening and/or re-surfacing) and a programme for implementing the improvements shall be submitted to the local planning authority for approval in writing. Thereafter the development shall be carried out strictly in accordance with the approved improvements and the programme. REASON: Improvements will be required to these public rights of way as a consequence of the additional use they will endure due to the development. The improvements will ensure the continued safe use and enjoyment of the footpaths by members of the public INFORMATIVE: The Design & Access Statement indicates that parts of a number of public rights of way may be re-routed due to the development. No works directly affecting any rights of way may commence until a permanent diversion or extinguishment order has come into effect. The applicant must apply separately to Wiltshire Council for such an order, it cannot be presumed that the granting of this planning permission will automatically be followed by the making of the order. If Wiltshire Council makes an order and any objections to it cannot be resolved, the matter will be referred to the Secretary of State for determination. The Planning Inspectorate will make the determination on behalf of the Secretary of State. The LPA may agree to a temporary closure or temporary re-routing of the rights of way on the grounds of safety if necessary.
19	Prior to the commencement of development of any residential units in any Phase or Sub-Phase of the development an application for the stopping up and/or diversion of public rights of way NBRA9 and/or NBRA11 shall be submitted to Wiltshire Council. Following which no residential development within any Phase or Sub-Phase crossed by these rights of way shall commence unless either: i) A footpath diversion and stopping up order that incorporates the stopping up of the existing footpath route across the railway at level has been made and confirmed by the local planning authority or the Secretary of State, or ii) the Secretary of State, upon consideration of a stopping up order made by the local planning authority as aforementioned in (i) above does not confirm the order. Upon any confirmed diversion and stopping up order coming into force, the new footpath route shall be fully completed prior to the occupation of units within any Phase or Sub-Phase crossed by public rights of way NBRA9 and/or NBRA11. REASON: To ensure the continued safe operation of the rights of way network. INFORMATIVE: Network Rail will provide the developer with all the appropriate information to ensure railway safety issues concerning the White Horse and Yarnbrook railway level crossings are fully considered before a decision on the stopping up or diversion of the public rights of way NBRA9 and NBRA11 is taken by the local planning authority or Secretary of State.
20	No development shall take place within individual Phases or sub Phases of the development until a site specific Construction Environmental Management Plan, or Plans, (CEMP(s)) for that Phase or sub Phase, or an overarching CEMP for the entire application site, has been submitted to and approved in writing by the local planning authority. The CEMP(s) must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan(s) should include, but not be limited to: · Procedures for maintaining good public relations including complaint management, public consultation and liaison; · Arrangements for liaison with the Council's Public Protection 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 Mondays to Fridays and 08:00 and 13:00 Hours on Saturdays and; at no time on Sundays and Bank Holidays; · Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above; · Mitigation measures as defined in BS 5528: Parts 1 and 2 : 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works; · Procedures for emergency deviation of the agreed working hours; · Control measures for dust and other air-borne pollutants; · Measures for controlling the use of site lighting whether required for safe working or for security purposes; · Construction traffic routing details. · Ecology mitigation measures to cover - - protection of retained habitats; - creation of new habitats including provision of bat boxes; - management and monitoring of created and retained habitats (until taken over by management company or WWT); - precautionary working method statements and works to be overseen by an ecologist; monitoring requirements and details of frequency of monitoring, thresholds, remedial measures and timescales for remediation; - monitoring requirements for habitats, mitigation features and species including details of frequency of monitoring, thresholds, remedial measures and timescales for remediation (to cover amongst other things, establishment / width of hop-overs, habitat structure / composition of woodland in Biss and Green Lane Woods, bat use of underpasses); - testing and adjusting lighting, in accordance with monitoring results'; - compliance procedures. · And with particular regard to the Yarnbrook & West Ashton Relief Road the following specific ecology mitigation information - - Long and cross sections for each underpass based on site surveyed; measurements showing the relative positions of hedgerows, existing ground levels, earthworks and underpass; - The timetable of works required to complete the culvert works having regard to seasonal ecological and planting constraints; - The programme of construction works to demonstrate how the ecological constraints of the culverts works have been fully integrated into the project programme (i.e. Gantt chart) and how it affects the critical path. - A protocol for constructing underpasses and hop-overs including exact timescales, demonstrating removal of as little hedgerow as possible, erection of 4m high bat fencing and establishing new planting. The approved CEMP(s) shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details. A report prepared by the Ecological Clerk of Works certifying that the required ecology mitigation and/or compensation measures identified in the CEMP(s) have been completed to their satisfaction, and detailing the results of site supervision and any necessary remedial works undertaken or required, shall be submitted to the Local Planning Authority for approval within 3 months of the date of substantial completion of the development or at the end of the first planting season following this, whichever is the sooner. Any approved remedial works shall then be carried out under the strict supervision of a professional ecologist following that approval. REASON: In the interests of the amenities of surrounding occupiers and of wildlife during the construction of the development.
21	A Landscape and Ecological Management Plan (LEMP), or individual Plans, (LEMPs) for the 'River Biss Corridor', the '100m buffer' between Biss Woods and the employment land, the 'Green Lane Nature Park Extension', the 'Attenuation pond … creating barrier to pedestrian access', other barriers to control access to Biss Woods, dark corridors through the mixed use development, and the Yarnbrook & West Ashton Relief Road shall be submitted to, and approved in writing by, the Local Planning Authority before commencement of the relevant element of the development to which the LEMP or LEMPS applies. The content of the LEMP(s) shall include the following information: a) Description and evaluation of features to be managed; b) Landscape and ecological trends and constraints on site that might influence management; c) Aims and objectives of management; d) Appropriate management options for achieving aims and objectives; e) Prescriptions for management actions; f) Preparation of a work schedule (including an annual work plan); g) Details of the body or organisation responsible for implementation of the plan; h) Ongoing monitoring and remedial measures; i) Details of how the aims and objectives of the LEMP will be communicated to future occupiers of the development. The LEMP(s) shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body/ies responsible for its delivery. The LEMP(s) shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP(s) are not being met) how contingencies and/or remedial action will be identified, agreed and implemented. The LEMP(s) shall be implemented in full in accordance with the approved details. REASON: 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 adequate protection, mitigation and compensation for protected species.
22	No development in any particular Phase or sub Phase of the development or associated with the Yarnbrook and West Ashton Relief Road in isolation shall commence on site until a scheme for the discharge of surface water from the Phase or sub Phase or from the Relief Road in isolation, incorporating sustainable drainage details, and any related programme for delivery, has been submitted to and approved in writing by the Local Planning Authority. The development within the Phase shall not be first occupied and/or the Relief Road shall not be first used by non-construction traffic until surface water drainage has been constructed in accordance with the approved scheme(s) and related programme(s). 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 any phase in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.
23	No development shall commence on site (save for the construction of the Yarnbrook & West Ashton Relief Road) until details of the works for the disposal of sewerage, including the point of connection to the existing public sewer and any off-site works, and any related programme for delivery have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved details have been implemented in accordance with the approved plans and related programme. REASON: To ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.
24	There shall be no surface water drainage connection from this development to the foul water system. REASON: To safeguard the integrity of the foul water system.
25	No external lighting (other than normal domestic lighting) shall be installed on site within each Phase or sub Phase until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication Guidance Notes for the Reduction of Obtrusive Light (ILE, 2005) (or any standards updating or replacing these standards), for that Phase have been submitted to and approved in writing by the Local Planning Authority. Where lighting is proposed in ecologically sensitive areas (such as the 'dark corridors' for bats) the lighting details and related scheme shall ensure minimum impact on the ecological interests of these areas and accord with: · 'Interim Guidance Recommendations to help minimise the impact of Artificial Lighting' (Bat Conservation Trust 03/06/14); · ES Addendum Volume 1 Figures 6.4, 6.18 and 6.19 showing principles of lighting design; · Lighting of the Yarnbrook & West Ashton Relief Road to be in accordance with Figure 6.17 and 6.20 of the ES Addendum Volume 1. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall then be installed. In addition there will be no lighting above or beneath bridges except at B3 where lighting will be in accordance with Figure 6.17 and 6.20 of the ES Addendum Volume 1. REASON: In the interests of the amenities and ecological interests of the area and to minimise unnecessary light spillage above and outside the development site.
26	With the exception of the Yarnbrook and West Ashton Relief Road, no development shall commence in any particular Phase or sub Phase of the development hereby approved until a scheme for the provision of fire hydrants to serve the Phase or sub Phase and any related programme for delivery has been submitted to and approved in writing by the local planning authority. Thereafter no dwelling shall be occupied within the Phase or sub Phase until the fire hydrant serving the dwelling has been installed as approved. REASON: To ensure the safety of future occupiers of the dwellings.
27	Notwithstanding the information set out in the Waste Management Strategy (May 2015) accompanying the planning application, a further more detailed waste management strategy or strategies shall be submitted to the local planning authority for approval in writing prior to commencement of the development. The more detailed strategy or strategies will add detail to the initial Waste Management Strategy, specifying in particular where and how construction waste (notably the waste material excavated from the site to enable construction works) will be, in the first place, re-used on site (including estimates of quantities to be re-used and where); and, in the second place, removed from the site (including quantities, end disposal locations and transportation routes thereto). Additionally, the detailed strategy or strategies will provide a 'plan' for the management of other waste arising from civil and building construction, including measures to minimise such waste generation in the first place and to re-cycle wherever possible. The development shall be carried out strictly in accordance with the original Waste Management Strategy (May 2015) and the subsequent approved and complementary more detailed waste management strategy or strategies. REASON: The original Waste Management Strategy contains insufficient detail to enable waste management to be agreed at this stage. The requirement for a more detailed waste management strategy arises from Wiltshire Council's Waste Core Strategy Policy 6 (Waste Reduction and Auditing), and in particular its requirement to demonstrate the steps to be taken to dispose of unavoidable waste in an environmentally acceptable manner and proposals for the transport of waste created during the development process. INFORMATIVE: The reason for allowing the potential for more the one waste management strategy is in the event of the Yarnbrook and West Ashton Relief Road requiring a standalone strategy for the management of its waste.
28	Prior to commencement of the development hereby approved a strategic level scheme for the provision of ultra low energy vehicle infrastructure (electric vehicle charging points) and a programme for delivery shall be submitted to the local planning authority for approval in writing. The approved scheme shall inform the subsequent reserved matters applications, and shall be implemented as approved and in accordance with the programme. REASON: In the interests of air quality and reducing vehicular traffic to the development. INFORMATIVE: It is recommended that the ultra low energy vehicle infrastructure should be provided at appropriate publicly accessible locations such as the local centres but not for individual residential dwellings.
29	Prior to the commencement of each Phase or sub Phase of the development or commencement of the Yarnbrook and West Ashton Relief Road hereby approved, a scheme or schemes of ecology enhancement measures as identified in the Environmental Statement Addendum Volume 1, to include (as appropriate) designs, locations, numbers and sizes of each measure and a programme for their delivery, for each Phase or sub Phase or the Yarnbrook and West Ashton Relief Road shall be submitted to the local planning authority for approval in writing. The scheme or schemes shall be implemented as approved in accordance with the programme and maintained thereafter. REASON: In the interests of safeguarding other ecological interests.
32	The residential development hereby approved in outline form shall be designed to ensure that the new housing does not exceed 110 litres per person per day water consumption level (which includes external water usage). Within 3 months of each phase being 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: In the interests of sustainable development and climate change adaptation.
33	With the exception of the Yarnbrook and West Ashton Relief Road, no development hereby approved shall commence until a scheme setting out a strategy for the control / removal of Himalayan balsam has been submitted to and approved in writing by the local planning authority. The scheme shall include a programme for the implementation of the strategy. The strategy shall be implemented in accordance with the approved scheme and programme. REASON: In the interests of ecology and to ensure compliance with the Wildlife & Countryside Act 1981 (as amended).
34	INFORMATIVE TO APPLICANT: 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.

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