Agenda item

Outline planning permission for up to 53 dwellings including formation of access and associated works, with all other matters reserved.

Public Participation

Cllr John Glover (Melksham Without Parish Council) spoke in objection of the application.

Aaron Davidson office of Michelle Donnellan’s office spoke in objection of the application.

Tamsin Almeida Planning Manager spoke in support of the application.

Cllr Richard Wood (Melksham Without Parish Council spoke in objection of the application.

 

 

Ruaridh O'Donoghue (Senior Planning Officer) presented a report which recommended that the decision be deferred and delegated to the Head of Development Management to grant full planning permission subject to first completion of a Section 106 legal agreement and conditions set out in the report.

 

The officer showed the Committee the slides relating to the application, whilst explaining key details.

 

The site is located within Melksham Without Parish on land to the south of Melksham and is currently an agricultural field, unaffected by urban development and surrounded by popular Public Rights of Way, although none cross the site and the Kennett and Avon Canal towpath/Sustrans Route 4.  

 

The main issues highlighted in the officers presentation and detailed in the report were the principle of development, Wiltshire Core Strategy and Joint Melksham Neighbourhood Plan, the five-year housing land supply and relevant appeal decisions, design, landscape, open space and visual impact, heritage impact, agricultural land, flood risk and drainage, environmental impact, ecological impact, highways and rights of way and the Community Infrastructure Levy.  

 

The officer commented on the planning balance, the harms and benefits of the application and the neutral impacts. He concluded that the adverse impacts of granting planning permission (the conflict with Core Policy 1, 2 and 15 of the Wiltshire Core Strategy as well as Melksham Neighbourhood Plan policies 1 and 6) would not be significantly and demonstrably outweighed by the benefits (provision of 100% affordable housing and economic benefits), when assessed against the policies in this Framework taken as a whole.

 

Members of the committee then had the opportunity to ask technical questions of the officer. In response to the questions the officer explained that affordable housing was being delivered in line with the need in Wiltshire equating to 60%, along with some shared ownership and first homes; that land located in flood zone one was unlikely to flood and therefore the flood risk was acceptable; confirmed that the Melksham Neighbourhood Plan was over two years old; the allocation of affordable housing detailed in the Melksham Without Neighbourhood Plan; details about bat boxes and hedgehog highways were detailed in the suite of ecological conditions; technical objections are used against planning applications at appeal by officers to provide a more robust case; the number of different bedroom size homes depends on need; recycling bins for waste currently collected would be provided by the Council, any new collections for instance food waste would be by the Council in the future; and planning officers were not involved in the process for involving housing association. 

 

Officers were asked to prepare a report to include (i) the breakdown of Planning Inspector decisions at appeal where there is a technical objection by officers, how inspectors analyse these at appeal, costs and how they are awarded against the Council, and (ii) the availability of affordable housing.  

 

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

 

Cllr Mike Sankey spoke as a local member, along with a further local member Cllr Nick Holder. They commented on the site being outside the settlement boundary; the site being previously refused in May 2017 for 160 dwellings; lack of 5 year land supply; application is for 100% affordable housing, conflicting with the Core Strategy; loss of Grade 2 agricultural land; highway safety concerns and access to schools and lack of school places, and asked for the application to be refused. Some members of the Committee took exception to comments about the type of housing being proposed. 

 

In response to some of the comments from local members the officer explained that following concerns from highways on the previous application road safety improvements had been undertaken by the Council and there is a safe and suitable crossing points at the A350; the proposal was located on the edge of the town; it was noted that a number of large scale affordable housing scheme had been delivered across the Country and the officer referred to Core Policy 57 and design standards being the same for other schemes; referred to the developers obligations for play provision under S106 and potential for funding to be pulled together to provide a safe route to the new school.

 

The Chairman opened the item for debate and requested that the first Cllr to speak propose a motion to debate. Cllr Pip Ridout, seconded by Cllr Stewart Palmen, proposed that the officer recommendation to defer and delegate to the Head of Development Management be approved with conditions.

 

At the conclusion of the debate it was,

 

Resolved:

 

Defer and Delegate to the Head of Development Management to grant full planning permission subject to first completion of a Section 106 legal agreement to cover the matters set out in Section 11 of the report, and subject to the following 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.    An application for approval of the reserved matters specified in Condition 3 below, must be made to the Local Planning Authority before the expiration of three years form the date of this permission.

 

REASON:

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

 

3.    No development shall commence 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.

 

The reserved matters shall be submitted as a single phase, unless otherwise agreed by the Local Planning Authority.

 

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.

 

4.    The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

 

·         Dwg Reg: 3888 - 01A - Location Plan

·         Dwg Ref: MSW-BWB-ZZ-XX-DR-YE-0001_Ecological ParametersPlan_S2_P02 - Ecological Parameters Plan

·         Dwg Ref: 3888 - 02 Rev B - Parameters Plan

 

REASON:

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

 

5.    The development hereby permitted shall be carried out in general accordance with the design and layout principles in the following:

 

·         Design and Access Statement dated August 2022

 

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

 

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

 

(a) Up to 53 dwellings;

(b) 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 least 1851.18 sq m of general public open space and at least 93.81 sq m of equipped play space. The ‘layout of the development’ (as to be submitted and approved under condition no. 3) shall accommodate the above in broadly in accordance with the Parameter Plan (no. 3888-02 Rev B).

 

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

 

7.    No development shall commence on site until the following details have been submitted to and approved in writing by the Local Planning Authority:

 

a.    sensitivity analysis has been undertaken on the network considering surcharged outfall conditions;

b.    overland exceedance routes have been shown on a drainage plan for flows in excess of the 1 in 100 year plus climate change (40%) rainfall event;

c.    clear arrangements are in place for ownership and ongoing maintenance of SuDS over the lifetime of the development;

d.    submit calculations which demonstrate that the proposed drainage design provides a sufficient level of water treatment; and,

e.    Additional groundwater monitoring should be undertaken during the winter months to establish peak seasonal levels.

 

REASON:

To minimise the risk to people and property during high return period storm events, to ensure that the surface water drainage performs as designed, to avoid flooding due to lack of maintenance and to prevent pollution of the receiving watercourse.

 

8.    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 include:

 

a) Long term objectives and targets in accordance with the Calculation of Biodiversity Net Gain using Defra Metric 3.1 report (Biodiversity Net Gain Assessment, Document Number: MSW-BWB-ZZ-XX-RP-LE-0004_BNGP2, Rev: P02, Date: October 2023 by BWB Consulting).

b) Management responsibilities and maintenance schedules for each ecological feature within the development for a period of no less than 30 years from the commencement of the scheme as identified in:

 

- Ecological Parameters Plan, Drawing ref: MSW-BWB-ZZ-XX-DR-YE- 0001, Rev: P02, Date: 26.10.2023 by BWB Consulting - Biodiversity Enhancement Management Plan (BEMP), Document Number: MSWBWB-ZZ-XX-RP-LE-0003_BEMP, Rev: P02, Date: 19/10/2023 by BWB Consulting

 

c) The mechanism for monitoring success of the management prescriptions with reference to the appropriate Biodiversity Metric target Condition Assessment Sheet(s).

 

d) A procedure for review and necessary adaptive management in order to attain targets.

e) 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.

 

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 and telephone number 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.

·         Phasing plan for habitat creation and landscape works including advanced planting proposals including pre-development provision of TBMS zones A and B and predevelopment provision of hedgerow mitigation/ translocation along Firs Hill A361.

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

·         Method statement to include pollution prevention measures for construction of causeway over Lambrok Stream to minimise harm to the watercourse and protected and notable species with regular monitoring.

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

·         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 Phase II Ground Investigation report has been submitted to and approved in writing by the Local Planning Authority. The report should address the issues raised in Section 9 of the Phase I Desk Study by Georisk Management dated July 2022.

 

REASON:

In order to reduce the risks associated with land contamination in accordance with Core Policy 56 of the Wiltshire Core Strategy.

 

11.Prior to the commencement of construction, an Air Quality Assessment (AQA) or Screening Assessment must be submitted to and approved in writing by the Local Planning Authority. This must quantify the effect of the development on existing local authority air quality monitoring locations and sensitive receptors as well as the proposed development. It must also identify and make adjustments for all core strategy-based development in the development's locality. Use of CUREd data in the AQA is expected along with any other currently accepted approaches to AQA.

 

REASON:

In order to comply with Core Policy 55 which states that 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.

 

12.The development shall be carried out in accordance with the mitigation measures detailed in Section 5 of the submitted Noise Impact Assessment by BWB dated 22^nd August 2022 and maintained as such in perpetuity.

 

REASON:

To protect the amenities of the future occupants of the development site from noise generated by the A350 (Western Way).

 

13.No residential unit shall be occupied until those parts of the Residential Travel Plan capable of being implemented prior to occupation have been implemented. Those parts identified for implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied. The Residential Travel Plan Co-ordinator shall be appointed and carry out the identified duties to implement the Residential Travel Plan for a period from first occupation until at least 2 years following occupation of the last residential unit.

 

REASON:

In the interests of reducing the amount of private car movements to and from the development.

 

14.No residential unit shall be occupied until the vehicular access to Semington Road granted approval under planning permission 20/07334/OUT has been provided to base course level including its visibility splays. The access shall have been completed to wearing course level prior to occupation of the 50th dwelling served by it.

 

REASON:

In the interests of safe and convenient access to the development.

 

15.Prior to the occupation of the 20th dwelling unit hereby approved, a walking link 2 metres wide shall be provided between the roads on the development and Berryfield Lane, The link so provided shall thereafter be maintained and kept available for use.

 

REASON:

In the interests of good pedestrian accessibility.

 

16.The landscaping scheme submitted for the development shall include intensive and impenetrable landscaping on the northern boundary.

 

REASON:

To prevent indiscriminate access from the public open space on the northern side of the development to the A350 with its high traffic flows and lack of pedestrian facilities.

 

17.The dwellings shall be constructed to meet as a minimum the higher Building Regulation standard Part G for water consumption limited to 110 litres per person per day using the fittings approach.

 

REASON:

The site is in an area of serious water stress requiring water efficiency opportunities to be maximised, to mitigate the impacts of climate change in the interests of sustainability, and to use natural resources prudently in accordance with the National Planning Policy Framework.

 

18.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.

 

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

 

·         Ecological Parameters Plan, Drawing ref: MSW-BWB-ZZ-XX-DR-YE-0001, Rev: P02, Date: 26.10.2023 by BWB Consulting

·         Biodiversity Enhancement Management Plan (BEMP), Document Number: MSW-BWBZZ-XX-RP-E-0003_BEMP, Rev: P02, Date: 19/10/2023 by BWB Consulting

·         Biodiversity Net Gain Assessment, Document Number: MSW-BWB-ZZ-XX-RPLE-0004_BNGP2, Rev: P02, Date: October 2023 by BWB Consulting

 

REASON:

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

 

20.The biodiversity mitigation and enhancement measures will be incorporated into the development in accordance with:

 

·         Biodiversity Enhancement Management Plan (BEMP), Document Number: MSW-BWB-ZZ-XXRP-LE-0003_BEMP, Rev: P02, Date: 19/10/2023 by BWB Consulting

 

The installation of these features will be supervised by a professional ecologist and this part of the condition will be discharged when photographic evidence of installed features have been submitted to and approved in writing by the local planning authority. These measures will continue to be available for wildlife for the lifetime of the development.

 

REASON:

To mitigate for impacts to biodiversity arising from the development.

 

Informatives:

 

The applicant is encouraged to work with the developer of the adjoining land which also benefits from planning permission, this to achieve potentially better and comprehensively planned public open spaces, play areas, etc... Wiltshire Council would work proactively with both parties to facilitate such potential improvements to both developments.

 

Protected Species

The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2017) it is an offence to disturb or harm any protected species including for example, breeding birds and reptiles. The protection offered to some species such as bats, extends beyond the individual animals to the places they use for shelter or resting. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works. Please see Natural England’s website for further information on protected species.

 

Artificial Lighting

The habitat within the proposed development site and the surrounding area is suitable for roosting, foraging and commuting bats. An increase in artificial lux levels can deter bats which could result in roost abandonment and/or the severance of key foraging areas. This will likely result in a significant negative impact upon the health of bat populations across the region. Artificial light at night can have a substantial adverse effect on biodiversity. Any new lighting should be for the purposes for safe access and security and be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

Drainage MADD Factor

Within the calculations, the MADD factor / Additional storage volume must be set to zero. If a value other than 0m3/ha is selected for the MADD value, the applicant will need to provide quantitative evidence to demonstrate that this is appropriate.

 

 

(Note: Cllr Ernie Clark asked for his vote against the application to be recorded)