Agenda item

Outline application for residential development of 55 houses including creation of new access from Frome Road and removal/demolition of all existing buildings (all matters aside from access reserved).

Public Participation

Graham Hill spoke in objection to the application.

Steve Wylie spoke in objection to the application.

Peter Mills spoke in objection to the application.

Darren Parker (agent) spoke in support of the application.

Lance Allen of Trowbridge Town Council spoke in support of the application.

 

Andrew Guest (Head of Development Management) outlined the late representations received which had been circulated to the Committee. Councillor Sarah Gibson had sent a representation pertaining to items 7a, 7b and 7c, and this was read to the meeting.  Councillor Gibson questioned the urgency for housing provision in the area, and raised the matter of a potential archaeological issue, stating that a pre-consent investigation may be needed. She also posited that the application was a breach of Section 194 of the NPPF and various core policies, disagreed that the three sites did not warrant an overarching masterplan and questioned the secondary school provision. In response, the officer explained that these sites, as WHSAP allocated sites, were factored into the housing delivery figures and there would be a detrimental impact if they were not considered as predicted trajectories of housing delivery could be affected.

 

The Campaign to Protect Rural England (CPRE), had sent a representation relating to item 7c regarding archaeology on site and a possible Roman Villa that may be present.

 

Mr Francis Moreland had sent a representation relating to item 7d. This would be dealt with under that item.

 

The officer then presented the report on item 7a, which recommended that the Head of Development Management be authorised to grant planning permission, subject to the completion of a planning obligation / Section 106 agreement as detailed in the agenda pack for application 18/10035/OUT, Land South of Church Lane, Upper Studley, Trowbridge (H2.4) for the outline application for residential development of 55 houses including creation of new access from Frome Road and removal/demolition of all existing buildings (all matters aside from access reserved). 

 

The officer explained that this was the first of three applications for sites in the vicinity which were all adopted in the Wiltshire Housing Sites Allocations Plan (WHSAP). All three of the applications had a specific policy under the WHSAP. A number of representations had expressed concern that they should be master planned or considered as one. This was not the opinion of officers, who felt that they should all be addressed separately and did not require a single masterplan. The Committee report and planning inspector for the WHSAP had explained this. However, schemes coming forward should have regard to other proposals in the development pipeline to ensure that they were not mutually exclusive or prejudicial to each other. Each application had its own masterplan and was supported by its own suite of surveys and reports. Cumulative impact assessments were undertaken where necessary, such as for Highways or Ecology.

 

The officer ran through the presentation slides for the cumulative aspects and for item 7a as published in agenda supplement 2.

 

The officer explained that bat mitigation plans were in place and that there would be a biodiversity net gain due to off-site biodiversity provision. 17 of the 55 dwellings were to be affordable housing, and the application would be supported by financial contributions towards education, highways improvements, pedestrian and cycle links, public art and waste management.

 

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

 

It was clarified that the percentage of social housing was 33%. Members queried the current figure for the Council’s 5-year HLS. The officer quoted a figure of 4.7 years’ supply. He explained that this site’s trajectory was expected to supply 45 units between 2026-2028, the Upper Studley site to supply all 55 units between 2023-2026, and the Southwick court site 80 units between 2026-2028. It was explained that if these sites were not granted permission, then this may affect the 5 year HLS figure when it was reassessed in April. Although the figures would remain in the calculation as they were allocated sites, delivery would be delayed which could affect the figure. The officer clarified that some of the houses being discussed, specifically in Southwick Court, would take longer to deliver which is why he had not mentioned them in the figures quoted above.

 

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

 

Councillor David Vigar, the local division Member for Trowbridge Grove, spoke in objection of the application. He raised the issue of the cumulative aspect of the sites, drainage issues, the impact on highways, the environment, and on education. Councillor Vigar also asserted that the Bat Mitigation Strategy had not been fulfilled, and that current figures did not suggest a consistent demand for housing supply.

 

The officer responded that the cumulative impact on highways had been considered and been deemed acceptable by Highways Officers, and that the Conservation Officer suggested that the impact on heritage need not be considered cumulatively, likewise with drainage. 

 

Councillor Tony Trotman proposed a motion that the committee approve the application as per the recommendation which was seconded by the Chairman.

 

Issues raised during debate included the shape of the site, where a section of land not included. The officer explained that it was likely because that land was under different ownership. Concerns were raised that the sites should be considered as one, but the officer asserted that the application must be considered on its own and that the application stood up to scrutiny. Final details regarding the bat corridor would be set in the reserve matters application, but it would need to comply with the WHSAP policy.

 

Members expressed sympathy with objectors, however some expressed support on the basis that the inspectors have approved the site allocation and Trowbridge Town Council supported it. Others expressed a desire for deferral until a cumulative impact assessment had been wholly undertaken, especially regarding possible flooding. Some felt that the flooding assessments did not align with anecdotal evidence but expressed an inclination to trust the officers that the mitigation strategies were satisfactory.

 

At the conclusion of the debate, the motion went to the vote and it was;

 

Resolved:

 

That the Head of Development Management be authorised to grant planning permission, subject to first completion of a planning obligation / Section 106 agreement covering the matters set out below, and subject to planning conditions.

 

S106 matters –

 

·       Affordable housing – at 30%

 

·       Education – Requirement to be confirmed at reserved matters. Based upon up to 55 homes as follows:

·       £122,654 for early years,

·       £300,128 for primary and

·       £252,340 for secondary.

o   The formulae for re-calculations at Reserved Matters are as per the Education S106 Methodology.

o   All payment is required in full, upon or prior to commencement of development. Phasing of payments  is not applicable here, and in view of that, no bond is required. All contributions  are to be subject to indexation to the BCIS All In Tender Price Index from date of completion of agreement until payment.

o   The Council require 10 years from the date of receipt of the contributions by the Council, in which to spend/commit in accordance with the S106, before they qualify to be returned.  

o   Since the abolition of the CIL pooling limit for S106s the Council does not quote the names of individual schools.

o   A 30% discount is applied to the affordable housing element of an application. This is applied as a reduction to the number of AH units proposed/approved, as part of the process of calculating the number of places generated by the development from the qualifying properties. It is therefore reflected in the standard formulae.

 

·       Open space – to be confirmed at Reserved Matters stage based upon:

o   1 dwelling = 34.93m² public open space and 1.77m² equipped play. Once calculated the amount must be secured in perpetuity. Wiltshire Council will not adopt the POS.

o   If, once calculated, the requirement does not meet the minimum for a LEAP (400m²) that Trim Trails are proposed instead of a LAP (100m²) if required.

o   A sports contribution calculated at £236.00 per dwelling is required to go towards upgrading provision of Sports/playing pitch contribution of £12,980 is for the upgrade of playing pitch and ancillary provision at Lambrook Recreation Field and Studley Green Community Centre changing rooms, storage and utilities, and/or sports/playing pitch provision within the vicinity of the land.

 

·       Ecology

o   £777.62 per dwelling (index linked) before development commences to offset residual / in-combination losses.

o   Contribution of £3,237.20 (index linked) before development commences to account for loss of 1.01 hedgerow units which the planning permission will not be able to deliver on site.

o   Provision and management of off-site Biodiversity Provision into perpetuity. 

 

Off-site Biodiversity Provision must be described as Floodplain wetland mosaic (1.25 hectares) in fairly good condition as described in the Upper Studley, Trowbridge Habitat Creation and Management Plan (RPS Group, May 2022) and as shown on the Habitat Creation and Management Plan Drawing JPW1108-005 (RPS Group, Jan 2022). The habitat creation works in relation to the Ecology Corridor, Lambrok Stream Ecology Corridor and Public Open Space off-site and adjacent to the Lambrok Stream Ecology Corridor will be completed in advance of or alongside vegetation stripping.

 

Submission of an Off-site Biodiversity Provision completion certificate to the local authority prior to construction commencing.  The certificate must demonstrate works to deliver habitat creation works in relation to the Ecology Corridor, Lambrok Stream Ecology Corridor and Public Open Space off-site and adjacent to the Lambrok Stream Ecology Corridor as detailed in the in the Upper Studley, Trowbridge Habitat Creation and Management Plan (RPS Group, May 2022) has been completed. 

 

Where a Management Company is being required through the S106 agreement to manage open space across an application site and a LEMP has either been submitted or will be submitted by condition, the S106 should make clear that the Management Company is obliged to manage open space in accordance with the LEMP as approved by the LPA.

 

·       Highways - £40,949 for sustainable transport as follows:

o   A contribution of £7,377 towards pedestrian and cycle enhancements/schemes identified in the Trowbridge Transport Strategy along the Frome Rd corridor. 

o   Bus stop shelter – Whiterow Park - £12,571

o   Church Lane works – pedestrian/cycle improvements - £10,000

o   Transport strategy works to facilitate improved pedestrian and cycle access to Church Lane, with enhancements to Frome Road to improve the pedestrian environment and generate increased levels of driver awareness - £6,000 (sum previously requested for speed limit TRO)

o   Transport strategy works to facilitate improved pedestrian and cycle access to Church Lane, with enhancements to Frome Road to improve the pedestrian environment and generate increased levels of driver awareness - £5,000 (sum previously requested for speed limit works)

 

·       Waste - £5,005

 

·       Arts contribution is 55 x £300 = £16,500:

 

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 site;

The development shall be carried out in accordance with the approved details.

REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

3.    An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

4.    No application for reserved matters shall be submitted until there has been submitted to and approved in writing by the local planning authority a detailed Phasing Plan for the entire application site indicating geographical phases for the entire development. Where relevant these phases shall form the basis for the reserved matters applications. Each phase shall include within it defined areas and quantities of housing and infrastructure relevant to the phase. No more than 50% of the houses (or no more than a meaningful percentage of houses to be first agreed in writing by the local planning authority) to be built in any particular phase shall be first occupied until the infrastructure relevant to the phase has been completed.

The development shall be carried out strictly in accordance with the approved Phasing Plan.

REASON: To ensure appropriate phasing of the development and delivery of the development, and in particular the infrastructure the development has made necessary, in accordance with the overall proposal and good planning in general. 

 

5.    The development hereby permitted shall make provision for the following –

 

(i)             Up to 55 dwellings

(ii)           At least 3.12 ha of public open space, including the Ecology Corridor and the Lambrok Stream Ecology Corridor

 

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 ‘’Concept Masterplan’ (JPW1108-004 Rev C) dated Mar 2022, the ‘Parameter Plan’ (JPW1108-003 Rev K) dated Jan 2022, the ‘Parameter Plan Notes’ (JPW1108-003 Rev I 210930), the ‘Habitat Creation and Management Plan’ (JPW1108-005) dated Jan 2022, the ‘Conceptual Drainage Strategy’ (DO1 Rev A) dated 29/09/2021, the ‘Pond Cross Sections’ (DO2 Rev A) dated 29/09/2021, and the Design and Access Statement dated 17/10/2018.

 

REASON:  To clarify the terms of the planning permission and to ensure the creation of a sustainable development, in accordance with the Wiltshire Core Strategy and the Wiltshire Housing Site Allocations Plan.

6.    The ‘means of access’ to the site shall be provided in accordance with the details shown in drawing no. JNY9623-01 Rev B (‘Proposed Access from Frome Road Visibility Splays’) dated 01/08/2018.

REASON:  To clarify the terms of the planning permission.

7.     Prior to the commencement of development details of a Surface Water Mitigation Scheme in accordance with the principles set out in the Flood Risk Assessment (RPS for Parry-Land off Church Lane, Upper Studley, Trowbridge, BA14 0HS, October 2018, Ref: RCEF65635-002R and RPS, RE: EA’S response to FRA supporting planning application Land South of Church Lane, Upper Studley, Trowbridge, Ref:RCEF65635-0035L, 4 July 2019) shall be submitted to and approved in writing by the local planning authority. The Scheme shall include the location and size of the proposed attenuation pond, with allowable discharge rate set at 4.9 l/s. Any requirements for compensatory storage must also be specified.  The development shall be carried out in accordance with the Flood Risk Assessment and the approved Surface Water Mitigation Scheme, and in addition there shall be –

·       no storage of any materials including soil within the 1% annual probability (1 in 100) flood extent with an appropriate allowance for climate change; and

·       The mitigation measures specified in the FRA and the Surface Water Mitigation Scheme shall be fully implemented prior to any first occupation of the development and subsequently in accordance with the timing / phasing arrangements embodied within the Surface Water Mitigation Scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

 

REASON: to ensure that the development does not increase flood risk.

 

8.   Prior to the commencement of development details of a groundwater levels allowing for seasonal variations and groundwater assessment must be submitted to the Local Planning Authority for agreement in writing.  The agreed details shall then be used to inform the Surface Water Mitigation Scheme referred to in condition 7.

 

REASON: to ensure that the development does not increase flood risk.

 

9.    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 a 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 mitigation;

                 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;

                     ix.         Communication procedures with the LPA and local community regarding key construction issues – newsletters, fliers etc;

                      x.         Details of how surface water quantity and quality will be managed throughout construction;

                     xi.         Details of the safeguarding measures to deal with the following pollution risks:

·       the use of plant and machinery

·       wheel washing and vehicle wash-down and disposal of resultant dirty water

·       oils/chemicals and materials

·       the use and routing of heavy plant and vehicles

·       the location and form of work and storage areas and compounds

·       the control and removal of spoil and wastes

                   xii.         Details of safeguarding measures to highway safety to include:

·       A Traffic Management Plan (including signage drawing(s))

·       Routing Plan

·       Details of temporary/permanent Traffic Regulation Orders 

·       pre-condition photo survey - Highway dilapidation survey

·       Number (daily/weekly) and size of delivery vehicles. 

·       Number of staff vehicle movements.  

                 xiii.         In addition, the Plan shall provide details of the ecological avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:

·       Pre-development species surveys including but not exclusively roosting bats, otter, water vole and birds.

·       Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. protection fencing.

·       Working method statements for protected/priority species, such as nesting birds, reptiles, amphibians, roosting bats, otter, water vole, badger and dormice. 

·       Reptile mitigation strategy in accordance with Section 4 of the submitted Reptile Survey Report prepared by RPS (January, 2018).

·       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.

·       Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).

·       Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence.

 

There shall be no burning undertaken on site at any time.

 

Construction hours shall be limited to 0730 to 1800 hrs Monday to Friday, 0730 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.

 

The development shall subsequently be implemented in accordance with the approved details of the CEMP.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, and detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase and in compliance with Core Strategy Policy 62. 

 

10. No development shall commence on site until a Construction Management Plan for Drainage (CMPfD) detailing drainage arrangements during the construction stage has been submitted to and approved in writing by the Local Planning Authority.  The development shall at all times be constructed in strict accordance with the approved CMPfD.

 

REASON: To ensure that the development can be adequately drainedwithout increasing flood risk to others during construction works.

 

11. No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be implemented in accordance with the agreed details.

 
REASON: In the interests of sustainable development and climate change adaptation.

 

INFORMATIVE
The development should include water efficient systems and fittings. These should include dual-flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating (as a minimum). Greywater recycling and rainwater harvesting should be considered.

 
An appropriate submitted scheme to discharge the condition will include a water usage calculator showing how the development will not exceed a total (internal and external) usage level of 110 litres per person per day.

 

12.Prior to commencement of development a foul drainage strategy/programme shall be submitted to the local planning authority for approval in writing setting out any capacity works to be provided by the sewerage undertaker.  The development shall be carried out in accordance with the approved strategy/programme.

 

REASON:  To ensure adequate foul drainage systems are available for the development.

 

13.The detailed designs of the houses shall make provision for a minimum of 55 integrated swift nest bricks in north, west and/or east elevations.

 

REASON: Provision of integrated swift bricks in the development will contribute towards demonstrating compliance with government policies and guidance as the new dwellings can themselves be an important biodiversity enhancer by providing a new habitat in a ‘Built Environment’ that previously did not exist.

 

14. No part of the development hereby permitted shall be first occupied until full details, including relating to phasing/timescales for provision, of the pedestrian and cycle links to be provided between the site and Acorn Meadow, Church Lane and Southwick Country Park, have been submitted to and approved in writing by the LPA. The said links shall thereafter be provided in accordance with the approved details/timescales and maintained in perpetuity thereafter.

REASON: To ensure that adequate pedestrian/cycle links are provided to the site.

 

15. Prior to the start of construction, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will detail long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development as described in the Upper Studley, Trowbridge Habitat Creation and Management Plan (RPS Group, May 2022) and required by the BNG assessment including, but not exclusively: Wildlife ponds and wetland for SUDS, Floodplain Wetland Mosaic (wet grassland, scrapes, reedbed), Native tree and scrub planting, Semi-natural neutral meadow grassland and retained hedge, scrub and trees.
The LEMP will include:

 

·       A phasing plan demonstrating the timing of habitat creation works in relation to the Ecology Corridor, Lambrok Stream Ecology Corridor and Public Open Space off-site and adjacent to the Lambrok Stream Ecology Corridor will be completed in advance of or alongside vegetation stripping.

·       A plan specifying the location and type of  integral bird nesting features (including for swift) and bat roosting features to be provided.

·       A mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.

·       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.

 

16. In accordance with condition no. 2, no development within any Phase of the development hereby approved shall commence until a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

 

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

·       full details of any to be retained, together with measures for 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).

 

The scheme shall be informed by the Habitat Creation and Management Plan Drawing JPW1108-005 (RPS Group, Jan 2022).

 

All soft landscaping comprised in the approved details of landscaping for any particular 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 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 and in the interests of wildlife.

 

17. No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority. The plans will be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2011, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2011), and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

Where light spill has the potential to impact bat habitat, a lighting impact assessment must be submitted with the reserved matter application(s) to demonstrate the requirements of section 8.3 of the Trowbridge Bat Mitigation Strategy February 2020 are met.

The approved lighting shall be installed and maintained in accordance with the approved details and no additional external lighting shall be installed. This condition will be discharged when a post-development lighting survey conducted in accordance with section 8.3.4 of the Trowbridge Bat Mitigation Strategy has been submitted to the Local Planning Authority demonstrating compliance with the approved lighting plans, having implemented and retested any necessary remedial measures.

 

REASON: In the interests of the amenities of the area, to minimise unnecessary light spillage above and outside the development site and to ensure lighting meets the requirements of the Trowbridge Bat Mitigation Strategy.