Agenda item

Construction of a care home (within Class C2), parking, access, hard and soft landscaping and other associated works.

Public Participation

Anna Gillings (Agent) spoke in support of the application.

 

Gen Collins, Senior Planning Officer, introduced a report regarding an application for the construction of a 71-bed care home (within Class C2), parking, access, hard and soft landscaping and other associated works. The recommendation was that the Head of Development Management be authorised to grant planning permission, subject to the first completion of a planning obligation/Section 106 legal agreement covering the matters set out in the report, and subject to the planning conditions listed in the report.

 

Attention was drawn to some drafting errors in the report where on one occasion it referred to access off Snowberry Lane, which should have read access off Verbena Court and Cranesbill Road. Also, the report referred at one point to Westbury Market Town, which should have read Melksham.

 

The application had been called in by the local division Member, Cllr Mike Sankey, on the basis of the scale of the development and concerns regarding pressure on NHS services.

 

The application had been consulted on twice and 4 objections from local residents had been received. Both the local councils; Melksham Without Parish Council and Melksham Town Council had objected to the application for the reasons set out in the report.

 

The application site was described as being located to the West of the Eastern Way bypass on land adjoining the completed local centre comprising retail with flats above, and that the application site was previously identified for development as part of the urban extension of Melksham.

 

The committee were informed that most of the surrounding land forming part of the consented urban extension development, had been built out with the proposed access to the application site being through Verbena Court – which serves the local centre, housing and public house.

 

The case officer explained the extent of residential development within the wider area and the nearby Forest and Sandridge Primary School with buildings generally being 2 to 3 stories in height.

 

Slides were shown to the Committee detailing the site, its locality and the proposal. The Committee was advised that the application site was located outside the settlement boundary, but it forms a part of the urban extension with the site context being a material factor.

 

With the plan framework taken fully into account, policy requires that this application be assessed against evidential genuine need as required by Core Strategy policy CP46. Members were advised that with the emerging local plan and mindful of the site context, officers considered this site to very likely form part of a future re-drawn settlement boundary for Melksham.

 

The Committee was informed that the application submission was supported by a needs assessment and the essential details were set out in the committee report. Members heard that the Council’s Adult Social Care team had been consulted and confirmed that there was a genuine need for this care home to address current shortfall and ensure market equilibrium in the coming years.

 

The Committee also heard that the proposed care home would offer a mix of residential nursing and specialist dementia care.

 

The proposed design of the building would be 3 stories and would have an articulated roofscape. Officers reported that the proposed scale, height and use of building materials would be in keeping with the other 3 storey buildings in the immediate area and would integrate into its surroundings. The proposal would also incorporate sustainable materials, solar panels, and a ground source heat pump.

 

The scheme would have its own car park with spaces for 24 cars and 10 cycle parking spaces, 1 of which would have an electric vehicle (EV) charging point. The Committee was informed that the amount of parking spaces would be adequate given the site’s location and proximity to bus stops.

 

Land drainage conditions for the site and the immediate surroundings were explained, with planning conditions being considered necessary to secure the appropriate drainage safeguards.

 

In terms of landscaping, there would be a mix of outdoor seating, lawns and garden areas surrounding the care home, all designed with elderly people in mind, with biodiversity betterment being a positive outcome.

 

The application was recommended for approval as the principle of development was acceptable due to the genuine need demonstrated. There were no outstanding technical concerns and no technical consultees had objected to the application. The application would also provide Community Infrastructure Levy (CIL) and S106 money to fund additional local health care provisions.

 

In response to questions from Members, the case officer explained that the proposal would provide 1 EV parking space, however the infrastructure would be laid for EV points for all the parking spaces. In terms of parking numbers, the site fell slightly short of maximum numbers but due to the highly sustainable location Highways officers had felt it was sufficient. It was also confirmed that the stated developer contribution for enhanced health care had been calculated using a matrix by the NHS.

 

In terms of genuine need for the facility, it was explained that the two other care homes in the area, one that had recently been allowed at appeal, and the other recently endorsed by Committee still awaited the completion of a s106, and there were expected delays with its completion on land title matters and securing the necessary signatories for any such agreement – which consequently meant that at the present time, the genuine need remains.

 

Wiltshire Council Adult Social Care also confirmed that there was a genuine need, and maintain that even if all three proposed care homes are built out there would only be 30 extra beds provided above market equilibrium, around 2027 and beyond which the evidence indicated demand for beds would increase.

 

Regarding the principle of development, it was agreed that the site was technically outside the settlement boundary, however the site and the immediate area functions as part of the urban built form; and in reality, it does not appear as open countryside.

 

The case officer explained the site history including the modifications made to the S106 which was detailed in the report.

 

In relation to the flood risks, the officer explained that the northern corner of the site had been subject to some surface water flooding. However, the committee heard that the modelling for this was done a long time ago and prior to the local centre being built out. The drainage team had assured officers that this was historic, and with the requisite mitigation work undertaken as part of the completed development, the application could be supported subject to planning conditions.   

 

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

 

The unitary division member, Cllr Mike Sankey then spoke in objection to the application.

 

The Chairman proposed the officer recommendation, and this was seconded by Cllr Pip Ridout. A debate followed where many Members stated that they had sympathy with the local residents and parish councils. However, Members could not find a valid planning reason for refusal and so would reluctantly support the application.

 

It was,

 

Resolved:

 

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

 

Site Location Plan ref: 2782-HIA-01-ZZ-DR-A-0100 rev. P3

Proposed Ground Floor Plan ref: 2782-HIA-01-00-DR-A-0201 rev. P3

Proposed First Floor Plan ref: 2782-HIA-01-01-DR-A-0211 rev. P3

Proposed Second Floor Plan ref: 2782-HIA-01-02-DR-A-0221 rev. P3

Proposed Refuse and Cycle Enclosure Elevations and Plan ref: 2782-HIA-01-00-DR-A-9010 rev.P2

Transport Statement ref: PC5019-RHD-ZZ-XX- RP-R-0001

Travel Plan ref: PC5019-RHD-ZZ-XX- RP-R-0002

Noise Assessment H3917 – NV - v2

Ground Condition Assessment ref. 5017068-RDG-XX-ST-DOC-C-00-GCA01-B

 

All received by the Council 31 August 2023

 

Proposed Southwest and South East Elevations ref. 2782-HIA-01- 00-DR-A-0301 rev. P4.

Proposed Northwest and North East Elevations ref. 2782-HIA-01-00-DR-A-0302 rev. P3.

Proposed Roof Plan ref. 2782-HIA-01-ZZ-DR-A-2701 rev. P3.

Proposed Site Plan ref. 2782-HIA-01-XX-DR-A-0101 rev. P9.

Proposed Wider Site Plan ref. 2782 HIA 01 XX DR A 0104 rev. P1.

Landscape Proposals ref. 101B.

Sustainable Energy Strategy

Ecological Impact Assessment. The Landscape Partnership. September 2023.

Biodiversity Net Gain Report. The Landscape Partnership. August 2023.

Biodiversity Metric 4.0 – Calculation Tool

Landscape Proposals. Drawing no: 101B A. The Landscape Partnership. June December 2023

Tree Survey and Arboricultural Impact Assessment. The Landscape Partnership.

June July 2023

 

All received 22 December 2023

 

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

 

3        No development shall commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures:

 

i.        An introduction consisting of a construction phase environmental management plan, definitions and abbreviations and project description and location.

ii.         A description of management responsibilities.

iii.         A description of the construction programme.

iv.        Site working hours and a named person for residents to contact.

v.       Detailed Site logistics arrangements.

vi.        Details regarding parking, deliveries, and storage.

vii.        Details regarding 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 including a construction lighting plan and details.

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:            

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

• Working method statements and mitigation strategies for protected/priority species, such as nesting birds, reptiles, bats and other small mammals.

• 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).

 

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

 

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.

 

4        No development shall commence on site until 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 4.0 report (The Landscape Partnership, August

2023).

b) Management responsibilities and maintenance schedules for each ecological

feature within the development as identified in the Ecological Impact Assessment

(The Landscape Partnership, September 2023) and the Landscape Proposals

(Drawing no: 101B).

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.

 

5        No development shall commence beyond ground floor slab level until details 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.

 

 

6        No external lighting shall be installed until details of the proposed new lighting have been submitted to and agreed in writing by the local planning authority. All external lighting shall be installed in accordance with the specifications and locations agreed with the local planning authority, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

REASON: In the interests of conserving biodiversity, protecting residential amenity and highway safety

 

7        No development shall commence pursuant to the construction of the care home, including vegetation removal, until details of the number, design and locations of features for bats and birds in accordance with the Ecological Impact Assessment (The Landscape Partnership, September 2023) has been submitted to the local authority for approval and agreed in writing by the LPA. The approved details shall be implemented before occupation of the final works. These features will continue to be available for the target species for the lifetime of the development.

 

REASON: To provide enhancement for biodiversity.

 

8        No development shall commence above ground slab level 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).

 

9        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.

 

 

10       No development shall commence pursuant to the construction of the care home until the applicant has demonstrated that the finished floor levels above the maximum predicted 100-year flood level or if no flooding is predicted, at a sufficient height above the SW drainage cover levels.

 

REASON: To ensure that there is no risk to persons or properties during extreme events.

 

11      No development shall commence pursuant to the construction of the care home until a surface water drainage strategy has been submitted and agreed in writing with the LPA. The surface water drainage strategy shall include:

 

      i)                  if the proposed surface water drainage strategy is to discharge surface water into the ditch, details of hydraulic modelling into the ditch and culvert have been undertaken to demonstrate that they both have capacity to take existing flows and flows from the development. This modelling should inform any changes to flood extents around the ditch due to the development.

 

     ii)                  calculations which demonstrate that the required 20% betterment against greenfield rates has been achieved for all storm events between the 1 in 1 year and the 1 in 100year return period storm events. To demonstrate compliance, the applicant must provide pre and post development runoff rates for a range of return periods (1, 30 and 100 year), and pre and post development runoff volumes for the 100-year, 6-hour rainfall event. This takes account of national policy, as outlined in the SuDS Technical Standards.

 

   iii)                  overland exceedance routes on the drainage plan for flows in excess of the 1 in 100 years plus climate change (40%) rainfall event.

 

   iv)                  evidence that urban creep been accounted for the hydraulic calculations in line with LASOO guidance.

 

     v)                  cross-section and long-section drawings through the proposed attenuation features.

 

The development shall be undertaken in accordance with the approved details and shall be implemented prior to first occupation of the development and shall remain as such for the lifetime of the development. 

 

REASON: To ensure that there is no risk to persons or properties during extreme events and that the development can be adequately drained with no runoff on to the highway or increase flooding elsewhere.  Wiltshire Council requires post development discharges to provide 20% betterment over predevelopment (greenfield) discharges for both peak flow and volume.

 

12       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.

 

13       No development shall commence above ground slab level until a scheme for the provision of at least one electric vehicle charging point in an accessible parking area or bay shall be submitted to and improved in writing by the local planning authority.  The electric vehicle charging point shall be installed and be ready for use prior to the first occupation of the approved development.  The electric vehicle charging point shall thereafter be retained and shall always remain operational (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). 

 

14       No development shall commence above ground slab level until an Air Quality Assessment of the proposed development has been undertaken and details of the proposed extraction and ventilation equipment to be used in the scheme hereby approved has been submitted to and approved in writing by the LPA.

 

REASON: In the interests of the amenity of the future occupiers of the development

 

15       No development shall commence on site until scaled plans showing the visibility splays oat the entrance to the proposed care home access have been submitted to the LPA and have been agreed in writing. These details shall show the visibility splays between the edge of the carriageway and a line extending from a point 2.4metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 25 metres in both directions from the centre of the proposed care home access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 600mm above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

16       The development hereby permitted shall not be first brought into use, until the cycle parking facilities shown on the approved plans have been provided in full and made available for use. The cycle parking facilities shall be retained for use in accordance with the approved details at all times thereafter.

 

REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car.

 

17       No part of the development hereby permitted shall be first brought into use until the turning area & 24 parking spaces 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.

 

18       The development hereby permitted shall not be first brought into use until those parts of the 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 if any part of the development is occupied. The Travel Plan Coordinator shall be appointed (within a month of occupation) 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 development.

 

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

 

INFORMATIVES:

 

Highway works

The developer/applicant may be required 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.

 

SW Drain

It is noted that the proposed surface water management would discharge to a private surface water drain – the applicant would need to confirm this is within their ownership or provide evidence of the written permission from the respective landowner(s).

 

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.