Agenda item

Hybrid (full and outline) planning application descriptions (i) & (ii)

(i) Outline planning application: the erection of up to 284 dwellings, erection of a convenience store (Class E), erection of up to 872 sqm of new commercial floor space (Class E); and associated access, public realm; and landscaping works.

(ii) Full planning application: Erection of convenience store (333 sqm GIA) and 12 No. apartments, part demolition and external works to Innox Mills and change of use to Class E; external works and extension (180 sqm GIA ) to Innox Place and change of use to (Class E); external works to Dyehouse and Brewery for as bat mitigation and change of use to a dual use internal market/Class E; demolition of former Cloth Factory Building; and associated access, public realm and landscaping work in commercial courtyard and along the Stallard Street frontage.

The listed building consent application proposes internal and external works and part demolition of Innox Mill; internal and external works, and extension to Innox Place. Although a separate application, the issues relevant to the impact upon the listed buildings (Innox Place and Innox Mill) are considered under this report.

Public Participation

Dean Plumley spoke in objection of the application.

Chris Beaver (agent) spoke in support of the application.

 

Ruaridh O'Donoghue (Senior Planning Officer) presented a report which recommended that the Head of Development Management be authorised to grant planning permission and listed building consent, subject to first completion of a planning obligation/Section 106 agreement covering the matters set out in the report and summarised in the recommendations and  subject to planning conditions.  

 

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

 

The site of approximately 4.07ha in area is located within Trowbridge Town Parish and comprises the whole former Bowyer’s site with the exception of Nos. 5-9 Stallard Street. It is adjacent to Trowbridge town centre, with the Trowbridge Railway Station and branch line to the west of the site with housing and Stallard Recreation Field behind and the River Biss adjoining the western and northern boundary of the site with neighbouring industrial parks.

 

The main issues highlighted in the officers presentation and detailed in the report were the principle of development, both for the outline and full applications, the need, design, neighbour amenity, heritage impacts, landscape, open space and visual impact, flood risk and drainage, environmental impact, ecological impact, highways and rights of way, financial viability and developer contributions and the Community Infrastructure Levy.  

 

The officer concluded that the substantial benefits of revitalising a site that has been a derelict eyesore for years outweighs its inability to delivery all the desired/required mitigation. Notably the following benefits –

 

• the regeneration of the site;
• the safeguarding of heritage assets;
• economic growth and expenditure; and,
• the provision of market housing.

 

In the context of paragraph 11d)ii of the report the officer concluded that the harm identified, does not significantly or demonstrably outweigh the benefits that this development would deliver.

 

Members of the committee then had the opportunity to ask technical questions of the officer. In response to the questions the officer explained that minimal weight should be given to the emerging Local Plan; the developments impact on traffic would have been considered if Bowyers was still trading, however, as the site is derelict there was no comparative data existing, part of the mitigation in this respect is that there were no objections from highways and Network Rail; a dedicated bat roost was being supplied in the former brewery building; consideration would be given to light spill and appropriate planting alongside the River Biss and the railway corridor to facilitate bat movements; the bulk of historic buildings on site were due to be retained with appropriate conditions detailed in the recommendations of the report; the provision of housing would count as a significant material benefit of the scheme; high quality design would be achieved through suggested conditions and detailed consents; the Methodist Chapel was demolished some years ago and would have required conservation area consent if it was still on site; the costs listed in the presentation would only be used on obligations in the application if savings were subsequently made as the application progressed; and details of abnormal costs would be enforceable as with other planning applications.

 

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

 

One of the unitary division members for the application, Cllr Stewart Palmen, spoke to the item. Cllr Palmen welcomed the application, although he indicated that the site should have had an application much sooner. He felt that there was huge untapped potential in Trowbridge over the years and highlighted a number of sites around the town. His main concern related to an increase in traffic which needed to be addressed (highlighted by a number of other Committee members), especially with the building of the new leisure centre in Bythesea Road, Trowbridge. He appreciates the use of existing heritage buildings within the design and compliments the plans for the vacant Vauxhall garage on the opposite bank of the River Biss.

 

Cllr Nick Botterill referred to Strategic Planning as shaping the future of Wiltshire in line with the economic, social and environmental priorities set out in the Council’s Business Plan and an enhanced strategic dimension and thinking about what we do highlighted in the recent Corporate Peer Challenge and Planning Peer Challenge. Cllr Botterill expressed his support for the application, the continued need for a regenerated Trowbridge and encourage Network Rail to consider an upgrade of Trowbridge railway station. 

 

At the conclusion of the debate it was,

 

Resolved:

 

That the Head of Development Management be authorised to grant planning permission and listed building consent subject to first completion of a planning obligation/Section 106 agreement covering the matters set out in this report and as summarised below, and subject also to the planning conditions listed further below.

 

Planning Obligations

 

·       Securing a review of the viability of the scheme prior to occupation of the 200th dwelling

·       Safeguarding the provision of the Station Car Park link road and access to ensure no ransom strip is formed and that any land required to facilities it is transferred to the Council at nil cost.

·       The setting up of a management company to manage all the public open space and strategic landscaping within the site as well as ensuring it is managed in accordance with the approved LEMP details.

 

Full and Outline Planning Conditions

 

1.    The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or, where relevant, 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.    With regard to those elements of the application in outline form, no development shall commence on those parts of the site until details of the following (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;

(e) The means of access to the site.

 

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

 

REASON: The application was made in part 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.    With regard to those elements of the application in outline form, 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 be carried out in accordance with the following approved plans and documents:

 

Location, demolition and application type plans:

 

·       Dwg Ref: Site Location Plan: 1249-E-001

·       Dwg Ref: Demolition Plan: 1249/E/003

·       Dwg Ref: Boundaries for the Application: 12149.E.002

 

Parameter Plans:

 

·       Dwg Ref: Phasing Parameter Plan: 1249-P-005

·       Dwg Ref: Parameter Plan: 128-005-P3

·       Dwg Ref: Land Use Parameter Plan: 1249-P-003

·       Dwg Ref: Height Parameter Plan: 1249-P-004

 

Access and Drainage Plans:

 

·       Dwg Ref: Proposed Stallard Street Access: 18016-SK02 Rev C

·       Dwg Ref: Proposed Drainage Plan: 13310-CRH-XX-XX-DR-C-5050-P

 

Innox Mills Building:

 

·       Dwg Ref: 1249.2.IMW.01 Innox Mills Works Ground Floor Plan

·       Dwg Ref: 1249.2.IMW.02 Innox Mills Works First Floor Plan

·       Dwg Ref: 1249.2.IMW.03 Innox Mills Works Second Floor Plan

·       Dwg Ref: 1249.2.IMW.04 Innox Mills Works Third Floor Plan

·       Dwg Ref: 1249.2.IMW.05 Innox Mills Works Elevations

 

Innox Place Building:

 

·       Dwg Ref: 1249.3.IPW.01 Innox Place Works Ground Floor Pla

·       Dwg Ref: 1249.3.IPW.02 Innox Place Works First Floor Plan

·       Dwg Ref: 1249.3.IPW.03 Innox Place Works Second Floor Plan

·       Dwg Ref: 1249.3.IPW.04 Innox Place Works Elevations

 

The Brewery and Dyehouse Buildings:

·       Dwg Ref: 1249.4.FBW.01 Factories Building Works Ground Floor Plan

·       Dwg Ref: 1249.4.FBW.02 Factories Building Works First Floor Plan

·       Dwg Ref: 1249.4.FBW.03 Factories Building Works Second Floor Plan

·       Dwg Ref: 1249.4.FBW.04 Factories Building Works Elevations

·       Dwg Ref: 1249.4.FBW.05 Bat Mitigation Proposal

 

The Cloth Factory Building:

 

·       Dwg Ref: 1249.5.CFW.01 Cloth Factory Existing Ground Floor Plan

·       Dwg Ref: 1249.5.CFW.02 Cloth Factory Existing First Floor Plan

·       Dwg Ref: 1249.5.CFW.03 Cloth Factory Existing Second Floor Plan

·       Dwg Ref: 1249.5.CFW.04 Cloth Factory Existing Elevations

 

The Gateway Building:

 

·       Dwg Ref: 1249.HT.BlockA 100 Gateway Building – Lower GND Floor Plan

·       Dwg Ref: 1249.HT.BlockA 101 Gateway Building – Upper GND Floor Plan

·       Dwg Ref: 1249.HT.BlockA 102 Gateway Building First Floor Plan

·       Dwg Ref: 1249.HT.BlockA 103 Gateway Building Second Floor Plan

·       Dwg Ref: 1249.HT.BlockA 104 Gateway Building Third Floor Plan

·       Dwg Ref: 1249.HT.BlockA 200 - Gateway Building Front Elevation

·       Dwg Ref: 1249.HT.BlockA 201 - Gateway Building Rear Elevation

·       Dwg Ref: 1249.HT.BlockA 202 - Gateway Building Side Elevations

·       Dwg Ref: 1249.HT.BlockA 203 - Gateway Building Stallard Street Elevation

 

The Old Chapel Building:

 

·       Dwg Ref: 1249.HT.OC.100 Old Chapel Floor Plans

·       Dwg Ref: 1249.HT.OC.200 Old Chapel Proposed Elevations

 

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

 

5.    Those elements of the application subject to the outline application shall be carried out in general accordance with the design and layout principles in the following:

 

Dwg Ref: Innox Mills Design and Access Statement (August 2021)

Dwg Ref: 1249.P001 Illustrative Masterplan

 

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 255 dwellings;

(b)  Up to 4078 sqm of commercial space;

(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 least 6,727.3 sq m of general public open space and at least 430.11 sqm 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. 1249.P.001) and the Parameter Plan (128-005).

 

Prior to commencement of the development, a programme, or phasing plan (in accordance with drawing No. 1249.P.005 – Phasing Parameter Plan), for the delivery and completion of the dwellings, the commercial space and the public open space(s) shall be first submitted to, and approved in writing by, the local planning authority. The dwellings, the commercial space 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 approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority. This strategy will include the following components:

 

1. A preliminary risk assessment which has identified:

 

a. all previous uses

b. potential contaminants associated with those uses

c. a conceptual model of the site indicating sources, pathways and receptors

d. potentially unacceptable risks arising from contamination at the site

 

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

 

3. The results of the site investigation and the detailed risk assessment referred to in  (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

 

REASON

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

 

8.    Prior to any phase of development being brought into use, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

REASON

To protect the water environment from pollution in line with paragraph 170 of the National Planning Policy Framework.

 

9.    If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.

 

REASON

To protect the water environment from pollution in line with paragraph 170 of the National Planning Policy Framework.

 

10.No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the local planning authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters.

 

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

 

REASON

To protect the water environment from pollution in line with paragraph 170 of the National Planning Policy Framework.

 

12.Piling and other foundation methodologies using penetrative methods shall not be carried out other than with the written consent of the local planning authority. The development shall be carried out in accordance with the approved details.

 

REASON

To protect the water environment from pollution in line with paragraph 170 of the National Planning Policy Framework.

 

13.No development shall commence until a management plan for the treatment and monitoring of Japanese knotweed on the site has been submitted and approved by the LPA. The plan shall be submitted as agreed.

 

REASON

It is an offence to allow the spread of Japanese knotweed in the wild (Wildlife & Countryside Act, 1981 as amended).

 

14.No development shall commence until a detailed management plan for the enhancement of the River Biss and its corridor is submitted and approved by the Local Planning Authority, in consultation with the Environment Agency. This shall include the provision of an 8m wide buffer strip alongside all banks of the river within the site. The management plan shall be implemented as agreed.

 

REASON

To improve the biodiversity value of the river and its corridor, and contribute to biodiversity net gain.

 

15.No development approved by this permission shall be commenced until plans and cross-sections, to demonstrate that finished floor levels across the site are set to at least 300mm above the 100yr 35% climate change flood level, have been submitted to and approved in writing by the local planning authority, in consultation with the Environment Agency. The agreed plans shall be fully implemented in any timescales agreed.

 

REASON

To reduce the risk of flooding to people and property.

 

16.There shall be no development or ground raising on existing land within the flood zone 3 35%cc outline as per the submitted model outputs. If ground raising or reprofiling is necessary no development approved by this permission shall be commenced until an updated flood risk model and detailed plans are submitted to, and approved in writing by the local planning authority, in consultation with the Environment Agency. The agreed plans and ground treatment shall be implemented as agreed.

 

REASON

To ensure flood risk is not increased.

 

INFORMATIVE - Environmental permit

The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any activities which will take place:

 

·       on or within 8 metres of a main river (16 metres if tidal)

·       on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)

·       on or within 16 metres of a sea defence

·       involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert

·       in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it’s a tidal main river) and you don’t already have planning permission

 

For further guidance please visit https://www.gov.uk/guidance/flood-risk-activitiesenvironmental-permits or contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday, 8am to 6pm) or by emailing enquiries@environmentagency.gov.uk. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.

 

17.No development approved by this permission shall be commenced until plans, drawings and cross-sections showing a vehicular access point, including a suitable ramp down to the River Biss channel, have been submitted to and approved in writing by the local planning authority, in consultation with the Environment Agency. The approved plans/drawings/cross-sections shall be implemented as agreed.

 

REASON

To allow the Environment Agency to safely maintain the River Biss channel in order to prevent any increase in flood risk to the development site and surrounding areas.

 

INFORMATIVE

·       Access must be for Environment Agency vehicles via a road through the development and must be available/accessible 24 hours a day, every day of the year

·       Access must be at least 5 metres wide

·       The ramp gradient must have a 1 in 12 slope

·       Surfacing must be grasscrete down to below-normal river level

·       Edge protection fencing must be provided

·       Access to the river channel should be for use by the Environment Agency only. We would prefer it to be gated off and locked with our padlock.

We would encourage the developer to work with our Asset Performance team on the details of the design at an early stage. The developer should first email Sustainable Places on swx.sp@environment-agency.gov.uk to arrange contact.

 

18.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.

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.

 

19.The development hereby permitted shall be carried out in accordance with the Parameters Plan (PP) Drawing no. 128-005. P1 (Greenhalgh, 21.12.2023). This document will form the basis for the site layout and will not be altered at Reserved Matters without detailed justification based on additional habitat and wildlife species surveys.

 

REASON:

To protect the ecology on the site

 

20.As Building E will be demolished under an EPS Mitigation Licence, an artificial roost has been designed into an adjacent building (Building D). This replacement bat roost in Building D which is located within the River Biss 15m buffer zone will take place prior to the commencement of demolition of the existing roost.

 

The lesser horseshoe and common pipistrelle bat roost will be incorporated into the development in accordance with Bat Mitigation Proposal Drwg. No. 1249.4.FBW.05 (Keep Architecture, 26/07/2021) and Appendix 4 Artificial Briefing Note of the Ecological Mitigation Strategy (Engain, 13th October 2021) or as otherwise specified in a relevant European Protected Species Licence superseding this permission. The installation of these bat roosts and access 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 bat roosts and access points will continue to be available for bats for the lifetime of the development.

 

REASON: To mitigate for impacts to bats arising from the development

 

21.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 including telephone number;

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 and vehicle log and means to submit log to the Highway Authority upon request

·       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.

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

·       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 and demolition 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.

 

INFORMATIVE: PRE CONDITION SURVEY

A photographic pre-condition highway survey to be carried out and copies of pre and post condition survey to be supplied to WC.

 

The applicant should be informed that the Highway Authority will pursue rectification of any defects identified by the highway condition survey which can be attributed to the site construction traffic under the provision of S59 of the Highways Act.

 

22.Prior to the commencement of development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Reptile Mitigation and Translocation Strategy shall be submitted to the local planning authority for approval.

 

REASON:

To protect the ecology on the site.

 

23.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 long-term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring the success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

 

REASON:

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

 

24.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 (adopted 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, the appearance of the heritage assets on the site, and to minimise unnecessary light spillage above and outside the development site and to ensure lighting meets the requirements of the Trowbridge Bat Mitigation Strategy.

 

25.Prior to the commencement of development the buildings referred to as Innox Mills, Innox Place, The Dye House and The Brewery on the Illustrative Masterplan (ref:1249.P.001) shall be made wind and water tight with protection in place to prevent damage during construction.

 

REASON:

To prevent further decay of the heritage assets on the site.

 

26.The buildings referred to as Innox Mills, Innox Place, The Dye House and The Brewery on the Illustrative Masterplan (ref: 1249.P.001) shall be fitted out to a standard capable of occupation in accordance with the following timetable:

 

·       prior to occupation of the 50th dwelling for Innox Place

·       prior to occupation of the 100th dwelling for the Brewery

·       prior to occupation of the 150th dwelling for the Dye House

·       prior to occupation of the 200th Dwelling for Innox Mills

 

REASON:

To ensure the heritage benefits associated with the application are delivered alongside the outline planning consent in the interests of securing the vitality and viability of the heritage assets in the long term.

 

27.No development shall commence on each phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005)) above ground floor slab level until details and samples of the new materials have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON:

In the interests of the visual amenities of the area and preserving the character, appearance and setting of heritage assets subject to and/or affected by this proposal.

 

28.No development shall commence on each phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005) until a sample wall panel/s for all new brick work, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority. The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON:

In the interests of the visual amenities of the area and preserving the character, appearance and setting of heritage assets subject to and/or affected by this proposal.

 

29.No development shall commence on each phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005)) until large-scale details of architectural features including parapets, windows, (including elevations and sections of the windows, head, sill and window reveal details), external doors, vents and extracts, rainwater goods have been submitted to and approved in writing by the Local Planning Authority.

 

REASON:

In the interests of the visual amenities of the area and preserving the character, appearance and setting of heritage assets subject to and/or affected by this proposal.

 

30.No new signage or wayfinding shall be erected on each phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005)) until details have been submitted to and approved in writing by the Local Planning Authority. Development shall becarried out in accordance with the approved details.

 

REASON:

In the interests of the visual amenities of the area, preserving the character, appearance and setting of heritage assets subject to and/or affected by this proposal, and in the interests of sustainable development.

 

31.No development on each phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005)) shall commence until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:-

 

·       a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

·       finished levels and contours;

·       means of enclosure;

·       car park layouts;

·       other vehicle and pedestrian access and circulation areas;

·       all hard and soft surfacing materials;

 

REASON:

To ensure a satisfactory landscaped setting for the development in the interest of visual amenity and the character and appearance of the area.

 

INFORMATIVE:

The central spine road on the parameter plan (128-005) is situated over a Wessex Water easement. It is shown with limited to no tree planting as a result. There are a number of ways to successfully integrate tree planting into utility wayleaves which use industry standard best practice. The Trees and Design Action Group (https://www.tdag.org.uk/) is a cross industry organisation that provides detailed guidance on the design of tree pits and tree trenches to successfully integrate them into the urban realm. Of particular use would be their guidance on ‘trees in hardscape’ (https://www.tdag.org.uk/uploads/4/2/8/0/4280686/tdag_tihl.pdf) along with ‘Trees in the Townscape’ (https://www.tdag.org.uk/uploads/4/2/8/0/4280686/tdag_treestownscape2021.pdf).

 

The Local Planning Authority would expect any detailed landscaping plans to consider tree planting within this easement in line with the advice above, unless it is demonstrated not to be feasible in consultation with Wessex Water.

 

32.All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following:

 

a)    the first occupation of the building(s) of a particular phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005)); or,

b)    b) the completion of each phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005));

 

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 for each phase of the development (as per the phasing plan (Dwg Ref: 1249.P.005)) shall be carried out in accordance with the approved details prior to the occupation of any part of that phase 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 in the interest of visual amenity and the character and appearance of the area.

 

33.Prior to the commencement of development, a scheme for the delivery of public art across the site shall be submitted to and approved in writing by the local planning authority. The scheme can comprise but is not limited to, bespoke street furniture, hard surfacing materials and boundary treatments and/or stand-alone art installations, and should be reflective of the history of the site (as indicated in section 7.4 of the Design and Access Statement). The scheme shall also include a programme for delivery which should be set out to ensure public art is delivered in line with each phase of the development. The development shall be carried out in accordance with the approved scheme and programme for delivery.

REASON: To ensure an integrated approach to the delivery of public art across the site in the interests of good design and place-shaping, to enable harmonious treatment of the public realm and to respect the character and setting of the heritage assets on the site.

 

34.No development shall commence on site until a final drainage strategy incorporating sustainable drainage details has been submitted to and approved in writing by the Local Planning Authority. No phase of the development (as set out on the phasing parameters plan ref: 1249.P.005) shall be first occupied until the means of drainage for that phase has been constructed in accordance with the approved strategy.

 

REASON: To ensure that surface water runoff from the site can be adequately drained with no flooding on site for a 1 in 100 year plus climate change rainfall event and that the flood risk from all sources will be managed without increasing flood risk to the development itself or elsewhere.

 

35.With regards to those elements of the application in full form, no development shall commence until a plan is provided demonstrating overland exceedance flow routes overlayed onto the finalised development masterplan. The plan shall include topographical and finished floor levels in order to demonstrate that overland exceedance will be safely managed on-site.

 

REASON: To minimise the risk to people and property during high return period storm events.

 

36.With regards to the elements of the application proposed in full form, no development shall commence until the applicant has submitted calculations which demonstrate that the proposed drainage design provides a sufficient level of water treatment / pollution control for those parking bays that drain to the storage tank and are not designated as permeable paving.

 

REASON: Based on the masterplans submitted, it appears that some of the proposed parking throughout the development will not be drained via permeable paving and this matter is required to be agreed prior to the commencement of development to prevent pollution of the receiving watercourse.

 

37.Notwithstanding the diversion details of the Strategic Wessex Water Sewers crossing the site that are shown on the Proposed Drainage Strategy (ref: 13310-CRH XX-XXDR-C-5050-P5), no development shall commence until an alternative diversion route, strategy and timetable for implementation is submitted to and agreed in writing by the Local Planning Authority. The details shall include the provisions for access to the infrastructure for maintenance and repair purposes. Development shall be carried out in accordance with the agreed details, strategy and timetable.

 

REASON: To ensure Wessex Water’s existing customers are protected from a loss of service and sewer flooding, to ensure Wessex Water have suitable access arrangements to maintain their infrastructure on site, and to ensure there is no pollution to the River Biss.

 

38.Prior to use commencing in any non-residential building an assessment of the acoustic impact arising from the operation of the use and any externally mounted plant shall be submitted to and approved in writing by the Local Planning Authority. The assessment shall:

 

·       be undertaken in accordance with BS 4142: 2014+A1:2019; and,

·       include a scheme of attenuation measures to demonstrate the rated level of noise shall be -5dB (LAeg) below typical background (LA90) level at the nearest noise sensitive location.

 

If the precise detail of the scheme, such as specific use or plant specifications, is not known, then likely worst-case scenarios with respect to noise impact on residential premises should be assumed. Development shall be carried out in accordance with the approved details prior to the use commencing.

 

Background levels are to be taken as a LA90 1 hour and the ambient noise levels shall be expressed as al LAeq 1 hour during the daytime (0700 – 2300) and shall be expressed as an LA90 and LAeq 5 minutes during the night (2300 – 0700) at the boundary of the nearest residential noise-sensitive receptor.

 

REASON:

To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

39.Prior to use commencing in any non-residential building that requires mechanical air extraction or ventilation systems, a scheme of works for the control and dispersal of any atmospheric emissions from them, including odours, fumes, smoke & other particulates, shall be submitted to and approved in writing by the Local Planning Authority. The works detailed in the approved scheme shall be installed in their entirety before the operation of the use hereby permitted. The equipment shall thereafter be maintained in accordance with the manufacturer's instructions for the lifetime of the development.

 

The scheme must include full technical details and a risk assessment in accordance with Appendix 2 and 3 respectively of the EMAQ “Control of odour and noise from commercial kitchen exhaust systems” Guidance (Gibson, 2018).

 

REASON:

To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

INFORMATIVE:

In discharging this condition we recommend the applicant ensures that the ventilation system discharges vertically at a height of at least 1m above the heights of any nearby sensitive buildings or uses and not less than 1m above the eaves.

 

40.Prior to occupation of the first non-residential building, a schedule of opening hours for each commercial unit on the site shall be submitted to and approved in writing by the Local Planning Authority. The non-residential uses on the site shall be operated in accordance with the approved schedule of opening hours.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

41.Deliveries and collections for all non-residential uses on the site shall be restricted to 08:00 – 21:00 Monday to Sunday (including Bank Holidays). No deliveries or collections shall take place outside of these hours.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

42.No development shall commence on site until an Acoustic Design Scheme for the protection of the proposed dwellings from road traffic noise, railway noise and ground borne vibration is submitted to and approved in writing by the Local Planning Authority. The Acoustic Design Scheme shall use Good Acoustic Design (in accordance with the Professional Practice Guidance: Planning and Noise New Residential Development (May 2017 or later versions)) to achieve the following noise limits:

 

a)    bedrooms shall achieve an 8-hour LAeq (23:00 to 07:00) of 30dB(A) and an LAmax,F of 45dB

b)    living rooms and dining rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A)

c)    external noise levels within private external amenity spaces shall not exceed 55 dB LAeq,16hr (0700 – 2300)

 

The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained. For the avoidance of doubt, using closed windows to achieve the internal noise level target shall only be considered once all other good acoustic design acoustic mitigation measures have been utilised. Should windows need to be closed to meet the noise criteria above full details of the ventilation scheme will be included with the assessment.

 

A post completion report, prepared by the acoustic consultancy who designed the Acoustic Design Scheme or other suitably qualified expert, shall be submitted to the LPA to a timetable as detailed within the approved Acoustic Design Scheme to confirm compliance with the approved scheme and approved in writing by the LPA. Any additional steps required to achieve compliance shall be taken, as necessary. The report shall provide evidence that the approved Acoustic Design Scheme has been fully implemented.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

INFORMATIVE:

A good acoustic design process should be followed to ensure that the internal noise criteria are achieved with windows open. Using closed windows to achieve the internal noise level target shall only be considered once all other good acoustic design acoustic mitigation measures have been utilised. When relying on closed windows to meet the internal guide values, there needs to be an appropriate method of ventilation that does not compromise the façade insulation or the resulting internal ambient noise level.

 

43.Notwithstanding the submitted details, no works shall commence on site until details of the Railway Station access road have been submitted to and approved by the Local Planning Authority. The road shall be no less than 6.5m wide with segregated footway/cycleway provision as necessary in broad compliance with the ‘main road’ detail within the submitted masterplan. The details shall include full construction and geometric details including vehicle swept path analysis for a 11.3m refuse truck and Coach Rail Replacement. Prior to occupation of the first dwelling unit served from the road, the road shall be completed in all respects with the approved details up to the site boundary with the railway station and maintained as such thereafter.

 

REASON:

To ensure satisfactory and safe vehicular access is provided to the railway station in the interests of highway safety, highway capacity enhancement and in compliance with Core Strategy Policy 60, 61 and 62.

 

44.Prior to commencement of development full design and construction details of the proposed vehicular access shall be provided to and approved by the local planning authority. Prior to first occupation, the access shall be completed in all respects in accordance with the approved details and maintained as such thereafter.

 

REASON:

To ensure a safe and sufficient vehicular access is provided in the interests of highway safety and in compliance with Core Strategy Policy 60, 61 and 62.

 

45.Prior to commencement of works a walking and cycling movement framework plan shall be submitted to and approved by the Local Planning Authority. The walking and cycling movement framework plan shall include full details of route design, construction and material treatment, with all cycle and pedestrian routes complying with current national and local guidance as appropriate. The walking and cycling movement framework plan shall consider the treatment, alignment and diversion as necessary of on-site Public Rights of Way and any necessary connectivity works to external networks, including the railway station. All routes shall designed to accommodate all abilities, with change of level, including steep ramps or steps avoided unless agreed by the Local Planning Authority. The walking and cycling movement routes, as identified in the approved pan, shall be completed in all respects in accordance with the approved plan and maintained as such thereafter.

 

REASON:

To ensure safe and convenient walking and cycling routes to the site are provided in the interests of highway safety and sustainability in compliance with Core Strategy Policy 60, 61 and 62.

 

46.Notwithstanding the submitted detail, no works shall commence on site until a strategy for Electric Vehicle charging points has been submitted to and approved by the Local Planning Authority. The strategy shall seek to avoid delivering dwellings that may not be directly served by a charging point. Prior to first occupation of each individual dwelling unit allocated a charging point, the dwellings charging point shall be made operational and ready for use.

 

REASON:

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

 

47.Prior to commencement of development a phasing and specification plan for a Mobility Hub shall be submitted to and approved by the Local Planning Authority. The Mobility Hub shall include as a minimum real time information for bus and rail transit, cycle parking including electric cycle charging points, electric vehicle fast and rapid charging points and car share parking bay. The Mobility Hub shall be completed in all respects in accordance with the approved specification and delivered in full in accordance with the approved phasing plan.

 

REASON:

to ensure that a Mobility Hub is delivered in a timely manner to maximise the use of sustainable travel modes in compliance with Core Strategy Policy 60, 61 and 62.

 

48.Prior to first occupation of the first residential dwelling, a Residential Travel Plan, in broad compliance with the Framework Travel Plan shall be submitted to and approved by the Local Planning Authority. The Travel Plan shall include measures to reduce vehicle trips by residents and these shall include but not be exclusive to Green Travel Vouchers, travel information, offer of personal travel planning, the employment of a Travel Plan Coordinator and the monitoring of travel arrangements through agreed survey methods on every anniversary of first occupation, up to and including the fifth anniversary providing agreed travel targets are met – additional surveys and measures may be required. Survey methods shall include but not be exclusive to the provision of Permanent Automated Traffic Counters at the vehicle access and pedestrian cycle counters at pedestrian and cyclist access points. All survey materials to be provided to the Council within two calendar months of each anniversary, with a summary of success or failure to hit agreed targets and all proposed remedial measures to be implemented against and agreed programme.

 

REASON:

In the interests of road safety and reducing vehicular traffic to the development.

 

49.Prior to first occupation of the first employment unit, an Employment Travel Plan, in broad compliance with the Framework Travel Plan shall be submitted to and approved by the Local Planning Authority. The Travel Plan shall include measures to reduce vehicle trips by employees of the site and these shall include travel information, offer of personal travel planning, the employment of a Travel Plan Coordinator and the monitoring of travel arrangements through agreed survey methods on every anniversary of first occupation, up to and including the fifth anniversary providing agreed travel targets are met – additional surveys and measures may be required. All survey materials to be provided to the Council within two calendar months of each anniversary, with a summary of success or failure to hit agreed targets and all proposed remedial measures to be implemented against and agreed programme.

 

REASON:

In the interests of road safety and reducing vehicular traffic to the development.

 

Listed Building Consent Conditions

 

1.    The works for which Listed Building Consent is hereby granted shall be begun before the expiration of three years from the date of this consent.

 

REASON:

To comply with the provisions of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

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

 

·       Dwg Ref: Site Location Plan: 1249-E-001

·       Dwg Ref: Demolition Plan: 1249/E/003

·       Dwg Ref: Boundaries for the Application: 12149.E.002

·       Dwg Ref: 1249.2.IMW.01 Innox Mills Works Ground Floor Plan

·       Dwg Ref: 1249.2.IMW.02 Innox Mills Works First Floor Plan

·       Dwg Ref: 1249.2.IMW.03 Innox Mills Works Second Floor Plan

·       Dwg Ref: 1249.2.IMW.04 Innox Mills Works Third Floor Plan

·       Dwg Ref: 1249.2.IMW.05 Innox Mills Works Elevations

·       Dwg Ref: 1249.3.IPW.01 Innox Place Works Ground Floor Plan

·       Dwg Ref: 1249.3.IPW.02 Innox Place Works First Floor Plan

·       Dwg Ref: 1249.3.IPW.03 Innox Place Works Second Floor Plan

·       Dwg Ref: 1249.3.IPW.04 Innox Place Works Elevations

·       Dwg Ref: 1249.HT.OC.100 Old Chapel Floor Plans

·       Dwg Ref: 1249.HT.OC.200 Old Chapel Proposed Elevations

 

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