Agenda item

Outline application for the erection of up to 205 dwellings, community hub, public open space, access, infrastructure and associated works (access to be approved with all other matters reserved).

Public Participation

Andrew Lee spoke in objection to the application.

Dr Anthony Grieg spoke in objection to the application.

Ian Tinsley spoke in objection to the application.

Chris Marsh, agent, spoke in support of the application.

Cllr Phil Keeble, Warminster Town Council, spoke in objection to the application.

 

The Senior Planning Officer, David Cox, presented a report recommending approval of an outline application for the erection of up to 205 dwellings, community hub, public open space, access, infrastructure and associated works.

 

Key issues were stated to include the principle of development, highways impact and access, impact on landscape, and impact on biodiversity including phosphorus. It was confirmed that in the event of approval the applicant’s intended to apply to divert a right of way that ran through the site and use s.106 monies to improve a level crossing. It was confirmed the grading of the land was grades 2 and 3.

 

Details were provided of representations received since publication of the agenda, along with relevant national and local planning policies, the tilted balance standard being engaged due to the lack of a 5-year housing land supply. An additional condition was also recommended regarding visibility splays, and an update to existing condition 7 on trigger points. Natural England had also responded to confirm acceptance of the habitat regulations assessment regarding phosphate mitigation, meeting all ecology requirements.

 

Members of the Committee then had the opportunity to ask technical questions of the officers. Clarity was sought on the proposed drainage system, trigger points for development and affordable housing provision. Details were provided on conditions to ensure sewage treatment was operating effectively before more homes were constructed, with the method being used elsewhere and no objections from the drainage team or ecologist. Further details relating to the affordable housing would be determined with a reserved matters application.

 

Other matters raised included questions relating to potential density of housing on the site, the proposed footpath diversion, which it was confirmed was supported by highways and Network Rail, and the emerging Local Plan, which it was confirmed could be given limited weight at its current stage. Detail was sought on the grading of the land, the inclusion of a community hub as part of the conditions, management of open space, and other matters relating to the proposed s.106 agreement. It was confirmed the application is for up to 205 dwellings, with a technical matter relating to phosphate and ecology requiring sign off by Natural England for even 165 dwellings.

 

Members of the Public then had the opportunity to address the Committee, as detailed above.

 

The local unitary Member, Councillor Bill Parks, then spoke in objection to the application. He drew attention to the complexity of the application, the objections from elected representatives and others, and considered the application was contrary to the National Planning Policy Framework. He requested the Committee reject the application.

 

Councillor Pip Ridout was also in attendance as a local Member from Warminster, not in her capacity as a Committee Member, and also spoke in objection to the application. She raised concerns about the safety of the proposed level crossing site, and raised issues relating to density, transport safety and the sewage treatment details.

 

In response to public comments officers provided details of planning policies and the impact of the lack of a five-year housing land supply, and that the planning system was concerned with acceptable use of land, with matters such as health and safety dealt with by the Environment Agency or other bodies. Detailed matters relating to design and character would be relevant with a reserved matters application, with the present application outline only.

 

The item was then opened for debate. A motion was moved to approve the application in accordance with the officer recommendation including additional and amended conditions as detailed at the meeting in relation to first occupancy and visibility splays.

 

Some Committee members expressed frustration that in their view the lack of five-year housing land supply was undermining the ability of the Committee to determine and reject what they and others considered unsuitable applications under planning policies, raising concerns such as drainage, or development outside the settlement boundary.

 

Others did not consider there were policy grounds for refusal given core policies were out of date and considering the presumption in favour of sustainable development, the need for affordable housing, and the conditions and mitigations proposed, and with one comment considering that it was a suitable site for the proposed housing.

 

At the conclusion of debate, and on the motion of Councillor Tony Trotman, seconded by Councillor Stewart Palmen, it was then,

 

Resolved:

 

That the Committee gives delegated authority to the Head of Development Management to grant planning permission, following:

 

a) receipt of written confirmation from Natural England that it is satisfied with the Council’s Ecology Team conclusion that the development would not result in significant or harmful ecological effects; and

b) the completion of a s106 planning obligation covering the matters set out within section 9.9 of this report;

 

and subject to the following planning conditions:

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. The development hereby permitted shall make provision for the following:

 

(a) Up to 205 dwellings;

(b) A community hub;

(c) Public open space to be sited, laid-out and equipped in accordance with the West Wiltshire Leisure and Recreation DPD (or any subsequent replacement DPD); and to include at least7,523 sq m of general public open space and at least 363 sq m of equipped play space.

 

The ‘layout of the development’ (as to be submitted and approved under condition no. 2) shall accommodate the above broadly in accordance with the Illustrative Masterplan (no. 0736-10002 – page 33 in the Phosphorus Neutrality Report (revision 4 – and 3 appendices)) and the

Parameter Plan – Density (0736-1005-4).

Notwithstanding the details set out in the Building Heights Parameters Plan (0736-1005-3), the reserved matters application(s) shall exclude 3 storey buildings across the site and shall exclude 2.5 storey buildings adjacent to both vehicular accesses into the site and along the

northern edge of the site.

 

Prior to commencement of the development, a programme, or phasing plan, for the delivery and completion of the dwellings, the community hub and the public open space(s) shall be first submitted to, and approved in writing by, the local planning authority. The dwellings, the

community hub and the public open space(s) shall then be delivered and completed in accordance with the approved programme.

 

REASON: To ensure the creation of a sustainable development which is in character with its surroundings and in accordance with the terms of the planning application.

 

5. The ‘means of access’ to the site and the off-site highways works shall be provided substantially in accordance with the following drawings:

 

• P19-2831 001-B – ‘General Access Arrangement’ – dated 20/04/2021

• P19-2831 SK/13Rev B – ‘Potential Footway/Cycleway Improvements – Option 1B’ – dated 08/12/2022 – received 27 June 2023

 

Prior to commencement of the development, a programme for the delivery and completion of the means of access to the site and the off-site highways works shall be first submitted to, and approved in writing by, the local planning authority. The means of access to the site and the

off-site highways works shall then be delivered and completed in accordance with the approved programme.

REASON: To ensure proper and timely delivery of the means of access to the site and the off-site highways works in accordance with an agreed programme and in the interests of highway safety and sustainability.

 

6. In addition to the approved plans referenced in conditions 4 and 5, the development hereby permitted shall be carried out in accordance with the following approved plans and documents:

 

Site Location Plan (0736-101);

Statement of Community Involvement (cadence September 2021);

Sustainability and Energy Statement (Turley Sustainability - June 2021);

Design and Access Statement (3 parts – Barratt Homes September 2021 0736 – V1);

Planning Statement (and appendices) (Pegasus CM P19-2831);

Topographical Survey (0736-100-1);

Transport Statement (6 parts – Pegasus – July 2021 P19-2831);

Travel Plan (Pegasus July 2021, P19-2831);

Flood Risk Assessment (Ethos Environmental Planning September 2021);

Air Quality Assessment (Air Quality Consultations July 2021 J4498A/1/F1);

Preliminary Ecology Survey (Ethos Environmental Planning September 2021);

Habitat Regulations Assessment v2 (Ethos Environmental Planning September 2021);

Land Contamination assessment and appendices (Phase 1 and 2 Clarkebond E05548-CLK-00-XX-RP-G-0001- 08/03/21);

Landscape and Visual Appraisal (SLR, 403.04993.00069, V2 – July 2021);

Heritage Assessment (RPS JAC26202 v3 February 2021);

Site Waste Management Plan (Biffa, V1 – 12 October 2021);

Tree Survey (BSS22778ts 28/01/2021) and Tree Survey Plans (BBS22778-01 (Page 3 of 3);

Noise and Vibration Assessment (Hepworth Acoustics P20-546-R01v1 March 2021);

 Indicative Site Section Plan 1-1 (0736-110-1, March 2021);

Indicative Site Section Plan 2-2 (0736-110-2, March 2021); and

Nutrient Mitigation Pond Details (502-P107 Rev B)

– all received 1 October 2021

 

Ecological Impact Assessment (Ethos Environmental Planning – January 2022); Flood Risk and Drainage Strategy (Phoenix Design 502 Rev A – February 2022); Framework Plan (0736-1007 April 2021); delivery statement (1 Feb 2022); Technical note to LLFA (29/10/2021);

Indicative Site Section 3-3 (0736-110-3) and Parameter Plan (Access and Movement Plan0736-1005-1 March 2021)

– all received 9 February 2022

 

Updated Shadow Habitats Regulation Assessment (Ethos Environmental Planning March 2022)

– received 11 March 2022

 

Phosphorus Neutrality Report (Revision 4) (Marian Cameron Consultants Ltd) and appendices

3 Nutrient Budget Calculator (includes revised indicative masterplan)

– received 11 April 2023

 

Excel spreadsheet and P loading with WRC and FTW

– received 21 April 2023

 

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

 

7. 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 WARM18 shall be submitted to Wiltshire Council. Following which no residential development within any Phase or Sub-Phase crossed by these rights of way shall be first occupied 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 WARM18.

 

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 level crossing are fully considered before a decision on the stopping up or diversion of the public rights of way WARM18 is taken by the

local planning authority or Secretary of State.

 

8. Prior to the commencement of development, a scheme for the improvement of public right of way WARM18 both within the application site and in the surrounding environment, and a programme for its implementation, shall be submitted to the local planning authority for approval in writing. The scheme shall provide details of width alignment and new surfacing for the footpath. The scheme shall be implemented as approved in accordance with the approved programme for implementation.

 

REASON: The improvements will ensure the continued safe use and enjoyment of the footpaths in the interests of amenity.

 

INFORMATIVE: In the event that it is proposed to divert this public right of way then the scheme for its improvement should relate to the diverted route. A diversion order would be required for this. The applicant must apply separately to Wiltshire Council for such an order, and it cannot

be assumed that one will be made. But in the event that an order is made and there are objections to it which cannot be resolved, the matter would then be referred to the Secretary of State for his determination.

The width of the improved right of way should be minimum of 2m.

 

9. Notwithstanding the submitted details, the reserved matters submission shall include details of an area of land to be safeguarded for improvements to public right of way WARM 18. The safeguarded land shall be delivered as public open space retained as such in perpetuity or until such time as when formal notice is given that the land is no longer required for the improvements.

 

REASON: The improvements will ensure the continued safe use and enjoyment of the footpaths in the interests of amenity.

 

10.Prior to commencement of development a scheme for the provision of at least one public ‘rapid charging’ point in a publicly accessible parking area or bay shall be submitted to and improved in writing by the local planning authority. The public rapid charging point shall be installed and be ready for use prior to the first occupation of the 100th dwelling or in accordance with a programme to be first agreed by the local planning authority, whichever is the sooner. The public rapid charging point shall thereafter be retained and shall remain operational at all times (other than when under-going reasonable maintenance).

 

REASON: In the interests of mitigating the impact of the development on the environment in accordance with Core Policy 60(vi).

 

11. No development shall commence on site until:

 

a) A written programme of archaeological investigation, which should include on-site work and

off-site work such as the analysis, publishing and archiving of the results, has been

submitted to and approved by the Local Planning Authority; and

b) The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest.

 

NOTE: The work is to be carried out following the Standards and guidelines for Archaeological Strip, Map and Record Excavation as set out by the Chartered Institute for Archaeologists (CIfA)

 

12. No development hereby approved shall commence until details of measures to safeguard the amenities of future occupants of the development – both in their homes and in their private gardens – from 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 and prior to first occupations.

 

REASON: The railway line will be a potential source of noise disturbance to occupants of the development in close proximity. This disturbance can be removed and/or reduced to acceptable levels through appropriate design and layout.

 

INFORMATIVE: In discharging this condition the applicant should engage an Acoustic Consultant. The consultant should carry out a background noise survey and noise assessment according to BS8233: 2014 (or any subsequent version) and demonstrate that external noise

levels will not exceed the guideline noise levels contained in Section 7.7 (table 4) of BS8233:2014.

 

13. The development hereby approved shall be carried out in accordance with the Flood Risk Assessment (FRA) Rev A by Phoenix Design dated February 2022 and the mitigation measures detailed within it, including:

 

- Finished flood levels to be no lower than 115.30 metres above Ordnance Datum

- There shall be no ground raising below the design flood level as this would reduce the available floodplain storage.

- There shall be no storage of any materials including soil within the future 1% annual probability (1 in 100 year) flood extent.

 

REASON: To reduce the risk of flooding at the development, and prevent flooding elsewhere.

 

14. No development shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall ensure that all new houses will have water usage that does not exceed a maximum of 110 litres per person per

day (to include external water usage). The scheme shall be implemented in accordance with the agreed details.

 

REASON: In the interests of sustainable development and to meet the demands of climate change.

 

15. No development shall commence on site until schemes for the management of surface and foul water drainage have been submitted to and approved in writing by the local planning authority.

 

The submitted details shall be consistent with the Nutrient Neutrality Strategy [Land West of Westbury Road, Warminster (Planning Reference: PL/2021/09013) Phosphorus Neutrality Report (Revision 4) by Marian Cameron Consultants Ltd.] and include:

 

i. Detailed engineered drawings of the proposed drainage works including the waste water treatment system comprising a WasteWater Recycling Centre, wetland cells and floating wetlands and SuDS features including cross section drawings, their size, volume, depth

and any inlet and outlet features including any connecting pipe runs;

ii. Phosphorus removal SuDS features to be designed in-line with adopted CIRIA guidance for construction and maintenance; and

iii. A maintenance and management plan for the entire drainage system to include (but not limited to) details for its adoption by an OFWAT (or any successor body of the same) listed sewerage undertaker (or any subsidiary of the same), management, maintenance, permitting, funding, key personnel and responsibilities (including contact details for such

persons) and other arrangements to secure its operation in perpetuity.

iv. A recalculation of the phosphorus budget to show neutrality is achieved, with provision of additional in perpetuity mitigation if necessary.

 

The development shall be carried out in accordance with the approved details and no dwelling shall be first occupied until the drainage works to serve it have been completed, are operating satisfactorily and the maintenance and management plan has been implemented.

 

The approved drainage works shall be retained in accordance with the approved maintenance and management plan at all times thereafter.

 

REASON: To secure an effective drainage strategy which ensures nutrient neutrality in the water catchment (Hampshire River Avon SAC) within which this development is located.

 

INFORMATIVE: The applicant is advised to provide the evidence as requested in the further informatives at the end of this decision notice.

 

16. No development shall commence on site until details of the Interim Drainage Solution for up to the first 30 dwellings and before the wastewater recycling centre are fully operational have been submitted to and approved in writing by the local planning authority. The submitted details shall be consistent with the Nutrient Neutrality Strategy [Land West of Westbury Road, Warminster (Planning Reference: PL/2021/09013) Phosphorus Neutrality Report (Revision 4) by Marian

Cameron Consultants Ltd.] and include:

• Details of the storage tank on site

• Confirmation that the waste will be removed to a wastewater treatment works out of the Hampshire Avon catchment

• Confirmation of agreement with relevant service providers.

The development shall be carried out at all times fully in accordance with the approved Interim Drainage Solution.

 

REASON: To secure an effective interim strategy for the first 30 dwellings which ensures nutrient neutrality in the water catchment (Hampshire River Avon SAC) within which this development is located.

 

17. No development shall commence on site, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, until a Construction Management Plan (CMP) has been submitted to and approved in writing by the local planning

authority. The CMP will minimise all construction effects on the environment through the implementation of procedures for:

 

i. Reducing the risk of spillage or leakage of oil, fuel and other liquid chemicals;

ii. Dealing with a spillage – the contractor will be responsible for storing easily accessible

spillage containment equipment on site and for training staff in the use of such equipment;

iii. Avoiding causing the release of pollution from existing pipelines;

iv. Management of site runoff and elevated concentrations of suspended solids;

v. Management of dust produced by construction activities through implementation of dust suppression measures including: visual checks, use of water sprays, screens and sheets around stockpiles and appropriate construction activities, and careful transfer of materials;

vi. British Standards Institute (2014) BS5228-1:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites.

vii. Minimising noise levels for all the construction activities and plant through implementation of a noise control plan which will advocate the use of best practice in line with BS522826 and will include measures such as: use of silencers or mufflers on plant and machinery;

use of the quietest possible plant; and minimising onsite cutting operations and other noisy activities through off-site fabrication where possible;

viii. Dealing appropriately with potentially contaminated land;

ix. Appropriate water quality monitoring and regular visual inspection of site drainage waters during construction;

x. Avoiding affecting trees and hedgerows to be retained in accordance with British Standards Institute (2012) BS5837:2012 Trees in Design, Demolition and Construction, Recommendations;

xi. Compliance with best practice pollution prevention guidelines to minimise the potential for water-based pollutants to enter nearby waterbodies or drains preventing changes in the hydraulic regime and ensuring that any discharge from the Proposed Development will be

the equivalent to ‘Greenfield’ runoff;

xii. Management, recycling and disposal of waste during construction.

xiii. Enabling site inductions for all staff to highlight issues of ecological importance and sensitivity;

xiv. Providing secure site fencing to prevent impacts on habitats outside the works area; and

xv. Night time lighting during construction addressing the need to limit light spillage and glare on areas likely to support bats and birds by following recommendations produced by the Bat Conservation Trust.

xvi. The movement of construction vehicles and the loading and unloading of equipment and materials

xvii. The location and use of generators and temporary site accommodation

xviii. Where piling is required this must be continuous flight auger piling wherever practicable to minimise impacts

 

The construction phase of the development will be carried out fully in accordance with the Construction Management Plan at all times.

Construction hours shall be limited to 0800 to 1800 hrs Monday to Friday, 0800 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.

REASON: To ensure adequate protection and mitigation for all sensitive environmental receptors.

 

18.Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in

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

 

a. Identification of ecological protection areas/buffer zones and tree root protection areas and

details of physical means of protection, e.g. exclusion fencing.

b. Working method statements for protected/priority species, such as nesting birds and reptiles.

c. Mitigation strategies already agreed with the local planning authority prior to determination, such as for great crested newts, dormice or bats; this should comprise the pre-construction/construction related elements of strategies only.

d. Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW) shall be present on site

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

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

 

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

 

19. No development shall commence on site 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 must also include a specific reference to phosphorus neutrality report [Land West of Westbury Road, Warminster (Planning Reference: PL/2021/09013) Phosphorus Neutrality Report (Revision 4) by Marian Cameron Consultants Ltd.] and the detailed surface and foul

drainage information /strategy.

 

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.

20.Each reserved matters planning application shall include with it updated plans and calculations (using the most recent version of the Natural England Biodiversity Metric) to demonstrate the

development will achieve biodiversity net gain. The updated plans will show habitat creation and enhancements demonstrating the extent and area of each habitat in relation to the development footprint.

 

Development shall not commence in the area(s) covered by the

reserved matters application until the updated plans and calculations relevant to the area(s) have been agreed in writing by the local planning authority.

 

REASON: The application contains insufficient information to enable this matter to be considered at this stage and the matter is required to be agreed with the Local Planning Authority before development commences to ensure it complies with biodiversity net gain

guidance and policy.

 

21. The landscape plans submitted for reserved matters application(s) shall be in accordance with, and informed by, the approved Biodiversity Metric and supporting plans of habitat areas, and demonstrate that habitats and hedgerows which will be retained, enhanced and/or created on the site will deliver an overall net gain in biodiversity units.

 

REASON: To ensure the development delivers an overall net gain for biodiversity in accordance with CP50.

 

22. 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.

The approved lighting shall be installed and maintained in accordance with the approved details and no additional external lighting shall be installed unless otherwise agreed in writing with the Local Planning Authority.

 

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

 

23. No development shall commence on site until a scheme of ecological mitigation and enhancement has been submitted to the Local Planning Authority and approved in writing. The scheme will address the method, timing, location and/or design as appropriate, of the following matters:

 

• Construction of the cycleway along Westbury Road integrating the requirement to remove and translocate chalk grassland which qualifies as Protected Road Verge.

 

• Enhancements for birds, bats, hedgehogs and invertebrates

• Bat tree hop-over for spine roads

• Advance planting prior to hedgerow removal to offset impacts on bats

• Increasing biodiversity of neutral grassland retained on site

 

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

 

REASON: To avoid, reduce and mitigate ecological impacts and provide an overall enhancement for biodiversity.

 

24.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.

25.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.

 

26. 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 dwellings has been installed as approved in accordance with the programme of delivery.

 

REASON: To ensure the safety of future occupiers of the dwellings.

 

27. For this phased development, no dwellinghouse shall be occupied until a public art scheme for the site and a timetable for its subsequent installation has 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 application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is

undertaken in an acceptable manner, to ensure the proposal complies with the relevant public art policies

 

NOTE: The applicants proposed promotion of a public art installation at the entry of the equipped play area on site is encouraged and should further advice and guidance be required in terms of promoting local school and/or local artist involvement, contact should be made with Meril Morgan, the Council's arts officer.

 

28. All visibility splays shown on P19-2831 001-B – ‘General Access Arrangement’ – dated 20/04/2021, shall be provided prior to first use of the new means of accesses to the site from Westbury Road by any vehicle other than any vehicle connected with the initial construction of this access. The visibility splays shall thereafter be retained clear of any obstructions to visibility in perpetuity.

 

REASON: In the interests of Highway Safety

 

 

Further Informatives to applicant:

In order to address condition 15, the applicant will need to provide the following information:

 

1. Detailed drainage calculations, restricting discharge rates in line with the Wiltshire Council Betterment Policy). These calculations should demonstrate:

 

a) The 1 in 30 year rainfall event is contained within the drainage system without causing flooding to any part of the site.

b) The 1 in 100 year plus 40% climate change rainfall event does not cause flooding to any building (including a basement) or utility plant.

c) The site has been designed to ensure that flows in excess of the 1 in 100 year rainfall event are managed in exceedance routes that minimise the risks to people and property.

 

The calculations should set the MADD factor / additional storage value to 0m3/ha to prevent an over-estimation of attenuation storage available on site.

 

It is noted that an Urban Creep allowance has been applied in relation to the 1 in 100yr + climate change storm only. The applicant will be required to apply the Urban Creep allowance (to account for increased im-permeability across the catchment) to all storm events as part of the detailed hydraulic modelling.

 

Due to the outfall to an ordinary watercourse, the calculations should also be simulated with a surcharged outfall, to ensure that this does not cause flooding on site.

2. Full details of;

 

a) Hydraulic modelling to confirm that the existing ditches have sufficient capacity to safely convey surface water discharges from the proposed development without increasing flood risk.

b) Confirm details of remediation, vegetation clearance, and re-levelling works proposed within the ditches in order to improve the ditch capacity.

3. Detailed drainage drawings which include the pipe / link & manhole / node numbers used in the calculations in order to link the drawing with the detailed calculations.

4. Detailed drainage drawings which include the pipe / link & manhole / node numbers used in the calculations in order to link the drawing with the detailed calculations.

5. Plans which demonstrate how exceedance flows in excess of the 1 in 100year rainfall (+40% climate change) will be safely managed on site in order to prevent an increase in flood risk to people or property.