Agenda item

Demolition of 3 existing buildings and the erection of 3 light industrial buildings use class E, B2 and B8.

Public Participation

Giles Brockbank spoke in support of the application.

Cllr Jonathan Hill spoke on behalf of Cricklade Town Council.

 

Acting Development Management Team Leader, Raymond Cole presented a report which outlined the demolition of three existing buildings and the erection of three light industrial buildings use Class E, B2 and B8.

 

Details were provided including issues raised by the proposals, including the principle of development; highways impact; drainage impact; ecological impact; effect on character and appearance of the area; the impact on neighbouring uses.

 

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were sought on, but not limited to the potential for a bypass around Cricklade and whether the HGVs would take a 50/50 split in travelled direction; to which it was clarified that this was an assumption made within the transport assessment. Clarity was provided regarding weight restrictions in the area and that routes had been sign-posted to indicate which direction HGVs should travel in and that any enforcement would be down to the police. It was queried why there couldn’t be a travel plan for the for the HGVs as they would likely either travel through Cricklade town centre or Cowleaze housing estate, which consisted of 650 homes.

 

Further technical questions included, but were not limited to, the onsite parking of the application, to which it was clarified that there would be 20 additional parking spaces for employees which would meet adopted standards. It was acknowledged that the site was within 8km of a recreation impact zone, to which the officer stated that those employed on the site would more likely use the land to the south of the site for recreation. It was also clarified by the officer that there had been no issues raised regarding the accident history of the immediate vicinity of the application site.

 

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

 

The Local Unitary Member, Councillor Bob Jones MBE then spoke regarding theapplication. Cllr Jones stated that the assumed 50/50 traffic split within the report was flawed due to weight restrictions in Purton and how the HGVs would not want to travel through the new residential area; therefore, meaning they would travel through Cricklade town centre. Cllr Jones raised concerns that the 10 new units, if granted, would generate more HGVs through the town and that the trading estate could not be afforded to get any bigger as it would encourage more HGVs.

 

At the start of the debate a motion to accept the officer’s recommendations for planning permission to be granted subject to conditions was moved by Cllr Steve Bucknell and seconded by Cllr Tony Trotman.

 

During the debate, issues were raised, but not limited to that the units would be broken down into 10 sub-units, therefore potentially meaning that there would be less HGV movements. It was suggested that there was a need to promote the growth of small businesses and that the application was looking to improve facilities that already existed; potentially meaning that people would have to travel less to get to their place of work whilst adding more local services to Chelworth. It was also acknowledged that the increase of HGV traffic would be small, to which it was argued that though the impact would be small now, it would be worth in the future encouraging the local transport companies to get together to discuss routes in the best way possible. Additionally, the degradation of local roads due to HGV traffic was referenced.

 

Further issues that were debated included whether it would be possible for the applicant to contribute to a possible Cricklade by-pass through a section 106 agreement. However, it was argued that this application had taken a year to be determined and that construction costs would have risen during this time; therefore, it would potentially be unfair to place more cost on the applicant. Additionally, flooding and drainage concerns of the area were discussed, with it noted that conditions had been recommended to be imposed by the officer.

 

Additional points raised included sympathy for those living in Cricklade, with the example of lorries passing through Malmesbury cited. The need to support small businesses was also echoed, with reassurance provided that the existing southern piece of land would not be built on and that earlier indications had been made that there would be a landscaping scheme for this land.

 

At the conclusion of the debate, it was, 

 

Resolved:

 

That the application be GRANTED subject to the following 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 accordancewith the following approved plans and documents:

 

Drawing No. 004 Revision P4: Proposed North West and South East Elevations, dated 14/01/22 and received 21 January 2022;

Drawing No. 005 Revision P4: Proposed North East and South West Elevations, dated 14/01/22 and received 21 January 2022;

Drawing No. 010 Revision P4: Proposed Site Plan, dated 14/01/2022 and received 21 January 2022;

Drawing No. 011 Revision P4: Unit P Proposed Floor Plan, Section and Elevations, dated 14/01/22 and received 21 January 2022;

Drawing No. 013 Revision P3: Unit G1 Proposed Floor Plan, Section and Elevations, dated 14/01/22 and received 21 January 2022;

Drawing No. 014 Revision P3: Units H2 & H3 Proposed Floor Plan, Section and Elevations, dated 14/01/22 and received 21 January 2022;

Drawing No. 017 Revision P1: Demolition Plan, dated 24/01/2022 and received 24 January 2022;

Drawing No. 0001: Visibility Splays, dated 16/12/2021 and received 21 January 2022;

Drawing No. 2200: Articulated Vehicle Tracking Plan, received 21 January 2022;

Drawing No. 507/01: Landscape Strategy, dated Mar 22 and received 13 April 2022;

Building Areas and Eaves Heights, dated 14/01/2022 and received 21 January 2022;

Design and Access Statement Revision B, received 21 January 2022;

Document No. 16200012519-BFSSA: Baseline Flood Study and SuDS Appraisal, dated January 2022 and received 21 January 2022;

Technical Note No. 1620012519-RAM-RP-WA-00001 Version 2: Drainage Strategy, dated 07/06/2022 and received 09 June 2022;

Travel Plan, dated January 2022 and received 21 January 2022;

Biodiversity Net Gain Note, dated August 2022 and received 08 August 2022;

Phase I Environmental Site Assessment Issue No. 01, dated 20 September 2021 and received 21 January 2022; and

Application Form, dated 13/01/2022 and received 21 January 2022.

 

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

 

3.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking or re- enacting or amending that Order with or without modification), the site shall be used solely for purposes within Classes B2, B8 and E(g)(iii) of the Schedules to the Town and  Country  Planning  (Use  Classes)  Order  1987  (as  amended) (or  in  any provisions equivalent to that class in any statutory instrument revoking or re- enacting that Order with or without modification).

 

REASON:  The proposed use is acceptable, but the Local PlanningAuthority wish to consider any future proposal for a change of use, other than a use within the same class(es), having regard to the circumstances of the case.

 

4.     No development shall take place until a CCTV survey report including a capacity and condition assessment has been submitted to and agreed in writing by the local planning authority. The survey report should make recommendations for improvement if it is discovered that upgrades are required. The development shall proceed in accordance with any recommendations made in the approved report.

 

REASON: To ensure that drainage is sufficient in capacity and of suitable condition to address the drainage impacts of the development.

 

5.     No development shall take place until a revised drainage strategy, where hydraulic calculations have been updated using a MADD factor of 0m3/ha, and any required changes made to the proposed attenuation volumes to fully attenuate the 1 in 100yr + climate change rainfall without flooding, have been submitted to and agreed in writing by the local planning authority. The development shall proceed in accordance with the approved drainage strategy.

 

REASON: To ensure that surface water flood risk is safely managed.

 

6.     No development shall take place until details of building-based flood defence measures have been submitted to and agreed in writing by the local planning authority. This should include any maintenance and operational measures required, including for the ‘blue roof’ installation. The development shall proceed in accordance with the approved details.

 

REASON: To ensure flood resilient design that is adequately managed and maintained.

 

7.     No development shall take place until a Flood Risk Emergency Plan has been submitted to and approved in writing by the local planning authority. The Plan should follow the guidance set out in the document ‘Flood Risk Emergency Plans For New Development’, published by the Environment Agency and ADEPT. The Emergency Plan shall include a timetable for monitoring and review, and shall detail where the Plan will be recorded and/or publicised. Once approved the Emergency Plan shall be adhered to thereafter.

 

REASON: To ensure that an emergency plan is in place in the event of a flooding emergency.

 

8.     No development shall take place until a maintenance plan for the proposed surface water drainage & SuDS features, showing details of proposed maintenance activities, frequency, and their responsible parties, has been submitted to and agreed in writing by the localplanning authority.

 

REASON: To ensure drainage is sufficiently maintained, in order that surface water is managed safely throughout the lifetime of the development.

 

9.     No development shall commence on site until a scheme of Ultra Low Energy Vehicle (ULEV) infrastructure has been submitted to and approved in writing by the local planning authority.  Details shall include:

 

a)       Location and number of active charge points;

b)       Specification of charging equipment; and

c)       Operation/management strategy.

 

No part of the development hereby approved shall be occupied until the approved Scheme of ULEV Infrastructure has been implemented in full, and that all specified active charge points are live and ready for use. The approved equipment and operation/management strategy shall be actively maintained 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.

 

10. No development shall commence on site until details of secure covered cycle parking have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall accord with dimensions, access, location, design and security principles laid out in Appendix 4 of Wiltshire’s LTP3 Cycling Strategy. These facilities shall thereafter be provided in accordance with the approved details and made available for use prior to the first occupation of the development hereby permitted and shall always be retained for use 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.

 

11. The development hereby approved shall not commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures:

 

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 (of site operatives and visitors), deliveries, and storage;

vii.     Storage of plant and materials used in constructing the development;

viii.    The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

ix.      Wheel washing facilities;

x.       Measures to control the emission of dust and dirt during construction;

xi.      A scheme for recycling/disposing of waste resulting from clearance, demolition and construction works (including confirming that there shall be no burning associated with construction processes at any time);

xii.     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

 

Development shall proceed in strict accordance with the approved CEMP.

 

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

 

12. Development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, shall not commence until an Ecological Construction Environmental Management Plan (Ecological CEMP) has been submitted to and approved in writing by the local planning authority. 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:

 

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 SiteManager 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.

 

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

 

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

 

13. Development shall not commence until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The LEMP will include long term objectives and targets, management responsibilities and maintenance schedules for each ecological 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-term implementation of the plan will be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

 

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

 

14. No development shall commence on site until a final scheme of hard and soft landscaping has been submitted to and approved in writing by the local planning authority. The details of the scheme 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;

·       all hard and soft surfacing materials; and

·       details of restoration work proposed to the pond.

 

REASON: The application contained a landscape strategy including outline planting specification with details reserved for considerationfollowing a decision. The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

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

 

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

 

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

 

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

 

17. No final surface materials shall be laid until the exact details of the surfacing material to be used for the parking area and the demarcation of the parking bays have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

18. The development hereby permitted shall not be brought into use until a plan showing the precise location of any areas of open storage and specifying a maximum height of open storage within such area(s) has been submitted to and approved in writing by the Local Planning Authority.   No materials, goods, plants, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored on the site outside the approved storage area, or above the height agreed as part of this condition.

 

REASON:  In the interests of the appearance of the site and the amenities of the area.

 

19. The development shall be carried out in strict accordance with the following documents:

Biodiversity Net Gain Note (Ecology Solutions, 08/08/2022);

Ecological Assessment, Ecology Solutions, August 2022); and

Landscape Strategy Drawing no. 507/01 (Enderby Associates, March 2022).

 

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

 

20. 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.

 

21. No part of the development hereby permitted shall be first brought into use until the access, parking spaces, and turning area have been completed in accordance with the details shown on the approved plans ‘Proposed Site Plan, 21054_010_P3’. The areas shall always be maintained for those purposes thereafter.

 

REASON: In the interests of highway safety.

 

22. The development shall not be first occupied until confirmation has been provided to and approved in writing by the local planning authority that either:

 

a.       All surface water network upgrades required to accommodate the additional flows from the development have been completed; or

b.       A development and infrastructure phasing plan has been agreed with the Local Authority in consultation with Thames Water to allow development to be occupied.

 

Where a development and infrastructure phasing plan is agreed, no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

 

REASON: Network reinforcement works are likely to be required to accommodate the proposed development. Any reinforcement works identified will be necessary in order to avoid sewage flooding and/or potential pollution incidents.

 

23. The development shall not be first occupied until confirmation has been provided to and approved in writing by the local planning authority that either:

 

a.       Foul water capacity exists off site to serve the development; or

b.       A development and infrastructure phasing plan has been agreed with the Local Authority in consultation with Thames Water. Where a development and infrastructure phasing plan is agreed, no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan; or

c.       All Foul water network upgrades required to accommodate the additional flows from the development have been completed.

 

REASON: Network reinforcement works may be required to accommodate the proposed development. Any reinforcement works identified will be necessary in order to avoid sewage flooding and/or potential pollution incidents.

 

24. The development hereby approved shall not enter use until a validation and completion report, prepared by a suitably qualified land contamination specialist, confirming that works have been completed in accordance with the recommendations of the Phase I Environmental Assessment and that there is no or minimal risk to human health or environmental health or to buildings, has been submitted to and approved in writing by the local planning authority.

 

All works must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and other appropriate authoritative guidance.

 

REASON: In the interests of environmental health as recommended by the Phase I Environmental Assessment, to ensure that the risk of contamination is managed appropriately.

 

25. No new external artificial lighting shall be installed at the site unless otherwise agreed in writing by the local planning authority.

 

REASON: In the interests of conserving biodiversity.

 

INFORMATIVES TO APPLICANT:

 

26. Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

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

 

28. The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

29. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

30. 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 downloadthe CIL forms please refer to the Council's Website https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.

 

31. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx. 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.