Agenda item

Construction of elderly care home (Use Class C2) with associated access works, landscaping and drainage.  Improvements to site access and Longleaze Lane/Snowberry Lane junction.

Public Participation

Andy Shepley agent on behalf of the applicant spoke in support of the application.

 

Gen Collins, Senior Conservation/Planning Officer presented the report which recommended that planning permission be approved subject to first completion of a planning obligation/Section 106 agreement covering the matters set out in the report, and subject to the planning conditions detailed in the report for the construction of elderly care home (Use Class C2) with associated access works, landscaping and drainage. Improvements to site access and Longleaze Lane/Snowberry Lane junction.

 

The main issues detailed in the report were explained which included the principle of development, design and visual amenity, impact on the significance of heritage assets, residential amenity, ecology, highway matters – including road safety/parking, drainage and Section 106. The officer concluded that there were no adverse impacts arising from the proposal and listed the benefits. The proposals related well to the spatial form of Melksham and the eastern urban extension using existing road infrastructure and offer accessible walking and/or cycling routes into the town and its services and facilities.

 

Members of the Committee then had the opportunity to ask technical questions of officers which included concerns about the number of parking spaces, impact of parking restriction in the vicinity of the site, highway safety of access, details of the settlement boundary, details about ground water flooding, evidence for the demand of additional appropriate care home accommodation up to 2030, the proportion of beds required for specialist care, availability of staff to provide specialist care and concern about access onto Longleaze Lane.

 

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

 

Cllr Mike Sankey, Unitary Division Member for Melksham East, then spoke about his concerns of the scale of the development. He commented on existing local health care facilities supplying sufficient capacity, car parking arrangements, comments from the Town Council, Core Policy 15 and 46, and highway issues.

 

Cllr Nick Holder, Unitary Division Member for Bowerhill then spoke about his concerns relating to the lack of car parking on site, the uncontrolled pedestrian crossing, the number of staff on site at any one time, the HNS contribution of £37,062 towards the capital cost of delivering additional primary care floorspace required to serve residents of the new development, the design and character being inappropriate, and concern at the size and scale of the development.

 

In response to queries raised by local Division members, the Planning Officer (with input from the Council’s Senior Highways Engineer and Adult Social Care Commissioning Director) explained that the scale and type of development is in keeping with the surrounding area and appropriate to the nature of the settlement and will respect the character of that settlement, the proposal meets the future care home provision needs, the contribution from the NHS has been subject to extensive discussions and would not stand up as a refusal reason at appeal, the proposals are based on evidence, and the access and parking areas are designed for a 7 tonne box van to successfully manoeuvre in.

 

The Committee then discussed and debated the application. They considered the formula used for determining the maximum number of car parking spaces being 33 and asked if an additional condition could be added to increase the number of parking spaces from 25 to the maximum allowed under the formula. The Planning Officers reminded the Committee that they had to consider the application before them, and it was not possible to condition the additional car parking spaces.

 

During the debate Cllr Sarah Gibson moved a motion to approve the application, seconded by Cllr Stewart Palmen, and at the conclusion of debate, it was:

 

Resolved:

 

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

 

Conditions:

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

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

 

Location Plan ref: ASP-CH-034-PL001A

Site Plan ref: ASP-CH-034-PL002C

Proposed Block Plan ref: ASP-CH-034-PL011B

Proposed First Floor Plan ref: ASP-CH-034-PL008B

Proposed Ground Floor Plan ref: ASP-CH-034-PL007B

Proposed Second Floor Plan ref: ASP-CH-034-PL009B

Proposed Roof Plan ref: ASP-CH-034-PL010B

Proposed North & West Elevations Plan 1 of 2 ref: ASP-CH-034-PL003C

Proposed South & East Elevations Plan 2 of 2 ref: ASP-CH-034-PL004C

Street Scene Plan 1 of 2 ref: ASP-CH-034-PL005A

Arboricultural Impact Assessment ref: DAA AIA 02B

Transport Statement ref: 2023-11-21 TS01 6804

Sustainability Statement Rev 5

Energy Statement Report 2315- Rev C

BREEAM Pre-Assessment

Travel Plan ref: 2023-11-21 TP02 6804

Ecological Assessment and Biodiversity Net Gain. July 2023. Ecology Solutions;

Briefing Note: Biodiversity Net Gain Assessment. July 2023. Ecology Solutions and;

Briefing Note: Ecology Response. December 2023. Ecology Solutions Unlocked Metric V4

Archaeological Evaluation Report ref: 282202

 

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

 

3.     No above ground development shall commence on site until details and samples of the materials to be used for the external walls and roofs 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 visual amenity and the character and appearance of the area.

 

4.    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.            A named person for residents to contact;

v.             Detailed site logistics arrangements;

vi.            Details regarding parking, deliveries, and storage;

vii.          Details regarding noise and 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))

·       Details of proposed temporary access improvements during the construction period

·       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:

 

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

·       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 in compliance with the approved Arboricultural Report and tree protection plan, prepared by David Archer associates and dated July 2023

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

·       Mitigation strategies already agreed with the local planning authority prior to determination, such as for GCN; this should comprise the preconstruction/construction related elements of strategies only.

·       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 in relation to species and/or habitats.

·       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

 

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

 

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

 

The 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.

5.    No development shall commence on site 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 :-

 

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

·       full details of any to be retained, together with measures for their protection in the course of development;

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

·       finished levels and contours;

·       means of enclosure;

·       car park layouts;

·       other vehicle and pedestrian access and circulation areas;

·       all hard and soft surfacing materials;

·       minor artefacts and structures (e.g. furniture, shaded resting areas, refuse and other storage units, signs, lighting etc);

·       proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

 

6.    All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

7.    No development shall commence until the applicant has

 

i.               provided detailed calculations which demonstrates the post-development discharge rate achieves the required 20% betterment on greenfield rates for all storm events between the 1 in 1 year and the 1 in 100year return period storm events. The applicant proposes to use a flow control device, these can limit the discharge rate to 1l/s with appropriate maintenance. The applicant must outline the locations of the three catchment areas as per table 6-3 within the FRA with detailed drawing and calculations for each catchment area.

 

ii.             provide detailed drawing and calculations of each proposed rain garden; and

 

iii.            confirmed the outfall point from the attenuation crate system and the proposed connection point into the surface water sewer to the Local Planning Authority and the Local planning Authority has approved the details in writing. The development shall be undertaken in accordance with these approved details.

 

REASON: To ensure adequate drainage of the site.

 

8.    The development hereby approved shall not be brought into first use until the access improvements, including the pedestrian crossing on Snowberry Lane, all as generally shown on RGP drawing ‘Proposed Access Arrangements’ 2022/6804/002 Rev P6, have been completed in accordance with the approved details.

 

Reason: In the interests of highway safety.

 

9.    No development shall commence until details of the number, design and locations of bird and bat boxes shall be submitted to the local authority for approval. These details should be clearly shown on a siteplan/elevations drawing. The approved details shall be implemented before occupation of the final works.

 

REASON: In the interests of biodiversity on site

 

10.No part of the development hereby permitted shall be first brought into use until the turning area & parking spaces [27] have been completed in accordance with the details shown on the approved plans. The areas shall always be maintained for those purposes thereafter.

 

Reason: In the interests of highway safety.

 

11.No development shall commence above ground slab level until final details of solar PV panels and air source heat pump(s) has been submitted to and approved in writing by the local planning authority. Details shall include, but not necessarily be limited to location, number, dimensions and manufacturer’s details. The development shall be carried out in accordance with the approved details.

 

REASON: In order to define the terms of the permission and in order to support and encourage sustainable construction in accordance with policies CP41 and CP57 of the Wiltshire Core Strategy.

 

12.No development shall commence above ground slab level until a scheme for the provision of at least one ‘rapid charging’ point in an accessible parking area or bay shall be submitted to and improved in writing by the local planning authority. The rapid charging point shall be installed and be ready for use prior to the first occupation of the approved development. The 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).

 

13. Prior to occupation a lighting scheme must be submitted for the approval of the Local Planning Authority in accordance with the Institute of Lighting Professional’s Guidance notes for the reduction of obstructive light. The scheme must be designed by a suitably qualified person in accordance with the recommendations for environmental zone XX in the ILP document “Guidance Notes for the Reduction of Obtrusive Light GN01:2011 and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

Before commencement of operation of the approved lighting scheme the applicant shall appoint a suitably qualified member of the institute of lighting professionals (ILP) to validate that the lighting scheme as installed conforms to the recommendations for environmental zone E2 in the ILP document “Guidance Notes for the Reduction of Obtrusive Light GN01:2011 and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals. . The scheme must be approved by the LPA prior to implementation and thereafter be permanently retained.

 

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

 

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

 

·       Briefing Note: Ecology Response. December 2023. Ecology Solutions

 

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

 

15.No development shall commence above ground slab level until a Habitat Management and Monitoring Plan has been submitted to and approved in writing by the Local Planning Authority. The HMMP will include long term BNG 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 HMMP shall also include details of the legal and funding mechanism(s) by which longterm implementation of the plan will be secured. The HMMP 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.

 

INFORMATIVES:

The developer/applicant will be expected to enter into a S278 Highways Legal Agreement with the Highway Authority before commencement of the highway/access works hereby approved. Submissions should be made to highwaysdevelopment@wiltshire.gov.uk with an anticipated approval time of 6-12 weeks.

 

GCN

There is a residual risk that great crested newts / reptiles could occur on the application site. These species are legally protected and planning permission does not provide a defence against prosecution. In order to minimise the risk of these species occurring on the site, the developer is advised to clear vegetation during the winter, remove all waste arising from such clearance and maintain vegetation as short as. If these species are found during the works, the applicant is advised to stop work and follow advice from?an independent ecologist or the Council Landscape and Design Team (ecologyconsultations@wiltshire.gov.uk)

 

Bats

There is a low risk that bats may be encountered at the development site. Many species of bat depend on buildings for roosting, with each having its own preferred type of roost. Most species roost in crevices such as under ridge tiles, behind roofing felt or in cavity walls and are therefore not often seen in the roof space. Bat roosts are protected all times by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 even when bats are temporarily absent because, being creatures of habit, they usually return to the same roost site every year.

 

Planning permission for development does not provide a defence against prosecution?under this legislation or substitute for the need to obtain a bat licence if an offence is likely. If bats or evidence of bats is found during the works, the applicant is advised to stop work and follow advice from?an independent ecologist or to contact Natural England’s Batline through the internet.

 

Nesting Birds

All British birds, their nests and eggs are protected under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000 while birds are nesting, building nests and sitting on eggs. The applicant is advised to check any structure or vegetation capable of supporting breeding birds and delay removing or altering such features until after young birds have fledged. Damage to extensive areas that could contain nests/breeding birds should be undertaken outside the breeding season. This season is usually taken to be the period between 1st March and 31st August but some species are known to breed outside these limits.