Outline Application for up to 30 dwellings with all matters reserved (except access)
Minutes:
Mr Mike Dent spoke in objection to the application
Miss Bridget Hollman spoke in objection to the application.
Mr Andrew Black (Agent) registered to speak, but decided not to after hearing the Officer presentation
Cllr Elaine Hartford of Alderbury Parish Council spoke in objection to the application.
The Senior Planning Officer, Lynda King, introduced a report which recommended that the Outline Application for up to 30 dwellings with all matters reserved (except access), be approved.
The main issues which were considered to be material in the determination of the application were listed in the report as, Principle and Policy issues, Impact on residential amenity, Impact on highway systems, Impact on ecology, Drainage and flooding issues and S106 and viability matters.
The site planning history was outlined, including details on a previous Appeal decision, a copy of which was published as supplement 1 to the agenda.
The Officer explained that the Inspector had considered the application site could be treated as infill if a development to the north (also granted at appeal outside of the settlement boundary) had been developed and had dismissed any issues on highways safety. At the time of the appeal, the council did not have a 5-year land supply.
Attention was drawn to page 26 of the report relating to housing supply and delivery issues. The Officer noted that at the time of writing the report the council had a 4-year land supply and that since the publication of the agenda, there had been an appeal decision which had concluded that council now only had a 3.85 years land supply, which meant that the councils current position was that it no longer had a 4 year land supply.
Reference was made to an appeal decision from Dorset where the Inspector had made a relevant point to consider commented that the Written Ministerial Statement that accompanied the consultation on revisions to the NPPF in July 2024 was now . Now part of current national planning policy guidance …. Lynda can you edit this to make sense please. This document commented that the direction of travel of planning policy was to endeavour to deliver more housing nationally.
The application site was in a sustainable location, surrounded by housing development on all sides, this and the current settlement boundary was set out in the presentation slides.
Pre appeal the site had previously been wooded and the trees had been clear felled prior to the submission of the earlier planning applications in 2018. At the time as there were no TPOs the Forestry Commission investigated whether there was an offence and determined no offence had taken place, as the land was considered an overgrown garden.
The status of the site from a planning point of view was that it was technically brownfield land and therefore, should be considered before greenfield sites were considered for development.
Onsite mitigation for biodiversity net gain could not be provided, the applicant had agreed to enter into a S106 agreement to provide off site mitigation. against issues.
The applicant had also invested in a scheme of mitigation against the impact of phosphates which did not use the Council’s own mitigation package.
The site would have 40% affordable housing and there would be a financial contribution towards the playing field in the village.
Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on the mitigation scheme, which was explained to be a biodiversity scheme on a big housing site outside of Salisbury.
The Committee sought clarification on the impact of the changes to the current 3.85 year land supply, where it was clarified that the settlement policies now had less weight than previously and the titled balance was to be applied.
The Committee also sought clarification on whether the S106 contribution would be lost if the application was refused at Committee but then granted at Appeal. The Officer advised that it would be a matter for negotiation with the applicant and for the Inspector to decide whether all that was in the legal agreement met the relevant tests including necessity.
It was further clarified that there was no objection in terms of biodiversity from the Ecological Officer.
Members of the public then had the opportunity to present their views to the committee as detailed above.
The Unitary Division Member, Councillor Richard Britton then spoke in objection of the application, noting the main issues as, scale of the development, the relationship to adjoining properties, the environmental and highway impact and car parking.
Councillor Britton also noted concerns regarding the play space allocation, drainage and that the high density did not allow sufficient green space for biodiversity provision to justify the previous loss of habitat from the site.
The local depth of objection against the proposals was outlined and a history of delivered developments which totalled over 100 since unitary in 2009.
Cllr Britton recognise that local animosity was due to general resentment to the continued growth in Alderbury and the loss of trees and biodiversity, with added travel on to the A36.
It was accepted that the site would be developed, however he urged the Committee to help to achieve a development more in keeping and respectful of the rural character, with high standards including better layout and design and improved ecological provision to recover what has been lost by the tree clearance.
Cllr Britton also noted that the ecological damage to the village and stated that it was reasonable to expect restoration measures to take place in the village rather than on a mitigation site elsewhere.
Cllr Britton urged the Committee to refuse the application with a suggestion that a revised scheme with significantly less units would be considered more favourable.
The Officer clarified that Highways considered around 250 dwellings at one time to be strategic growth, noting that 30 would not be considered as strategic and that both National Highways and the Council’s Highway department were consulted on the Application.
The Committee was reminded that the application was set out in the report for consideration as it stood and that there had been no objections from the statutory consultees except on the layout.
The proposal was an outline application only and the recommendation included conditions. Matters such as scale of development, layout and landscaping. were all separate measures which would require reserved matter applications and condition 14 required an Ecological Management Plan to be submitted and agreed.
Drainage on the site had been discussed with the Engineers who were satisfied that the site could be drained and that it was not in an area for surface water flooding risk or ground water. Mitigation would be required on site. The conditions included the requirement of a surface water and foul water strategy to be submitted.
The proposal differed in terms of density to the other sites around it, however the Officer was satisfied that the proposal would make best use of the development land and included a range of styles.
The Chairman sought a motion for debate. Councillor Sven Hocking moved the motion of approval, in line with Officer recommendation. This was seconded by Councillor Trevor Carbin.
A debate followed where the Committee discussed the new draft Planning Policy Framework and the tree felling which had taken place on the site, noting its disappointment.
The Committee felt strongly that the mitigation should have remained on site or within Alderbury at the least, however noted that the Ecology Officer had no objection to the off-site proposal as the applicant had not been able to find mitigation within the site.
The Committee sought advice from the Legal Officer regarding an appeal, it was clarified that as the Council has less than 4-year housing land supply, the titled balance must be applied. This in essence meant there was a presumption in favour of granting permission for sustainable development. An exception or refusal was possible where the harms caused by the proposed development significantly outweighed its benefits. In the current circumstances and with the facts of the application the chance of success at appeal for the council would be low.
The Committee noted that as an outline application, if approved, the reserved matters application(s) could still be refused, if it was later to come back for consideration by Committee.
The Chairman sought clarification on whether a request for local engagement formed part of the conditions. It was advised that if the Committee was minded to approve the application, an informative could be added which set out the expectation for local engagement on design at reserved matters application.
The original mover of the motion, Cllr Hocking amended the motion to include an informative as discussed. This was seconded by the original seconder, Cllr Carbin.
At the close of debate, the Committee voted on the motion of approval in line with officer recommendation subject to the conditions set out in the agenda, and subject to the applicant first entering into a S106 legal agreement as set out in the details on the agenda, with the added informative, which the Committee had delegated the wording of to the Case Officer.
It was;
Resolved
That outline planning permission be Approved, in line with Officer recommendation, subject to the completion of a S106 Agreement in respect of the Heads of Terms set out above, and subject to the following conditions:
1.The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
2.No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:
The scale of the development;
The layout of the development;
The external appearance of the development;
The landscaping of the site;
The development shall be carried out in accordance with the approved details.
REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
3.An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.
4.Approved plans
The development hereby permitted shall be carried out in accordance with the following approved plans and documents:
Site Layout Plan –, received on 13th January 2023
Proposed Vehicular Access - drawing no. 11/545/5/R/1B, received on 5th October 2022
Root Protection Plan- Drawing No WMC/SSR/PSK/HE/WIA/FTS/1, received on 9TH May 2022.
Tree Protective Fencing Plan - Drawing No WMC/SSR/PSK/HE/WIA/FTS/1, received on 9th May 2022
REASON: For the avoidance of doubt and in the interests of proper planning.
5. No development above slab level shall commence on site until the exact 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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and/ the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.
6.No railings, fences, gates, walls, bollards and other means of enclosure development shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish 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.
7.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;
• other vehicle and pedestrian access and circulation areas;
• all hard and soft surfacing materials;
• minor artefacts and structures (e.g. furniture, play equipment, 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);
REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.
8.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.
9.The detailed landscaping plans to be submitted pursuant to condition no. 7 shall include a plan at not less than 1:200 scale, showing the position of any trees proposed to be retained and the positions and routes of all proposed and existing pipes, drains, sewers, and public services, including gas, electricity, telephone and water. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 2015 (or of any Order revoking and re-enacting or amending that Order with or without modification), no services shall be dug or laid into the ground other than in accordance with the approved details.
REASON: To ensure the retention of trees on the site in the interests of visual amenity.
10.No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees has been submitted to, and approved in writing by, the Local Planning Authority. All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following :-
- A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2013 and a plan indicating the alignment of the protective fencing;
- A specification for scaffolding and ground protection within tree protection zones in accordance with British Standard 5837: 2012;
- A schedule of tree works conforming to British Standard 3998: 2010;
- Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;
- Plans and particulars showing the siting of the service and piping infrastructure;
- A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification;
- Details of the works requiring arboricultural supervision to be carried out by the developer’s arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and §Details of all other activities, which have implications for trees on or adjacent to the site.
- Day and sunlight calculations must be submitted in accordance with Building Research Establishment guidance and British standards 8206 Part 2:1992 Light for buildings Part 2 - code of practice for daylighting.
- In order that trees to be retained on-site are not damaged during the construction works and to ensure that as far as possible the work is carried no demolition, site clearance or development should commence on site until a pre-commencement site meeting has been held, attended by the developer’s arboricultural consultant, the designated site foreman and a representative from the Local Planning Authority, to discuss details of the proposed work and working procedures.
- Subsequently and until the completion of all site works, site visits should be carried out on a monthly basis by the developer’s arboricultural consultant. A report detailing the results of site supervision and any necessary remedial works undertaken or required should then be submitted to the Local Planning Authority. Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant following that approval.
REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.
11.Details of the surface water drainage scheme, (including sustainable
drainage details), the foul water drainage scheme and timetables for their
implementation, which amplify the information set out in the submitted Flood Risk Assessment, received 2nd May 2023, shall be submitted to the local planning authority for approval with or before the submission of reserved matters. No development shall commence until those schemes have been approved in writing by the local planning authority, and the surface water drainage scheme and the foul water drainage scheme shall then be implemented in accordance with the approved schemes and timetables, and thereafter retained.
REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.
12.The development hereby permitted shall not commence until evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation scheme, or an alternative approved mitigation package addressing the additional nutrient input arising from the development, has been submitted to, and approved in writing by the Local Planning Authority.
Reason: To accord with the Conservation of Habitats and Species Regulations 2017, and Wiltshire Core Strategy Core Policy 69.
13.Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing. The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:
a) Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing.
b) Working method statements for protected/priority species, such as nesting birds and reptiles.
c) 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.
d) Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).
e) Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence. Development shall be carried out in strict accordance with the approved CEMP.
REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and are supervised by a suitably licensed and competent professional ecological consultant where applicable.
14.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 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.
15.Prior to the start of construction, a Reptile Mitigation and Enhancement Strategy Plan shall be submitted to and approved in writing by the Local Planning Authority. The strategy will include long term objectives and targets, management responsibilities and maintenance schedules for reptiles and their habitat 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.
REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit biodiversity for the lifetime of the scheme.
16.No external light fixture or fitting will be installed within the application site unless details of existing and proposed new lighting have been submitted to and approved by the Local Planning Authority in writing. The submitted details will demonstrate how the proposed lighting will impact on bat habitat compared to the existing situation.
REASON: to avoid illumination of habitat used by bats.
17.The residential development hereby approved shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage).
Within 3 months of the development being completed and the housing being brought into use, a water efficiency report certifying that this standard has been achieved shall be submitted to the local planning authority for its written approval.
REASON: To ensure compliance with the prevailing mitigation strategy for nutrient neutrality in the water catchment within which this development is located.
18.There shall be no burning undertaken on site at any time.
REASON: In the interests of the amenities of local residents.
19.Construction hours shall be limited to 0800 to 1800 hrs Monday to Friday, 0800 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.
REASON: In the interests of the amenities of local residents
20.No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:
i. The movement of construction vehicles;
ii. The cutting or other processing of building materials on site;
iii. Wheel washing and vehicle wash down facilities;
iv. The transportation and storage of waste and building materials;
v. The recycling of waste materials (if any)
vi. The loading and unloading of equipment and materials
vii. The location and use of generators and temporary site accommodation
viii. Where piling is required this must be Continuous flight auger piling wherever practicable to minimise impacts
The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.
REASON: In the interests of the amenities of local residents.
21.Concurrent with the reserved matters application a Sustainable Energy Strategy (SES) shall be submitted for the approval in writing by the local planning authority. The SES shall set out the measures to deliver sustainable construction and climate change adaption, and include an implementation schedule and any approved infrastructure shall be provided in accordance with the approved schedule.
REASON: To ensure that the development is carried out to the prevailing sustainable construction and climate change adaption principles.
22.No development shall commence until:
• A written programme of archaeological investigation, which
should include on-site work and off-site work such as the analysis,
publishing and archiving of the results, has been submitted to and
approved by the Local Planning Authority; and
• The approved programme of archaeological work has been
carried out in accordance with the approved details.
The programme of
archaeological work should comprise the following elements:
i) Exploratory archaeological
investigation through trial trenching prior to the commencement of
development
ii) The archaeological investigation of any areas of archaeological
interest identified by the exploratory investigation. This may
comprise further investigation prior to the commencement of
development in the areas of archaeological interest or monitoring
during development.
iii) A programme of assessment, analysis, and publication
commensurate with the significance of the archaeological
results.
REASON: To enable the recording of any matters of archaeological
interest.
23.Prior to commencement of the development hereby approved, detailed drawings showing the access arrangement including kerbing, junction radii, and footway extension; together with drainage details and surface material specification, cross sections and longsections, shall be submitted for further approval of the LPA. The work shall be carried out in accordance with the approved details prior to first occupation.
REASON: In the interests of Highway safety.
24.No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses (including asbestos) has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:
Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site and any adjacent sites for at least the last 100 years and a description of the current condition of the sites with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site and the potential impact of any adjacent sites
Step (ii) If the above report indicates that contamination may be present on, under or potentially affecting the proposed development site from adjacent land, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.
Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details must be submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.
REASON: To reduce the risks associated with land contamination
25.No dwelling shall be occupied until details of the storage of refuse and recycling facilities have been submitted to and approved in writing by the Local Planning Authority, and; the approved refuse storage has been completed and made available for use in accordance with the approved details. The approved refuse and recycling storage shall thereafter be maintained in accordance with the approved details.
REASON: To ensure the provision of satisfactory facilities for the storage of refuse and recycling.
Informative Notes
(1) Reference to S106 Agreement
This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the XXXX.
(2) The development hereby approved could be subject to the Community Infrastructure Levy. Wiltshire Council has now adopted a Community Infrastructure Levy (CIL) charging schedule. CIL is a charge that local authorities can place on new development in their area. The money generated through CIL will contribute to the funding of infrastructure to support growth.
More information and the charging schedule for CIL can be found using the following link:
http://www.wiltshire.gov.uk/planninganddevelopment/dmcommunityinfrastructurelevy.htm
(3) The applicant should note that archaeological mitigation required by Condition 22 will include the excavation of a number of areas within the site in advance of development, followed by the assessment, analysis, reporting, publication and archiving of the results. The applicant should not under-estimate the programme and resources required to undertake the full programme of archaeological work, and they may wish to seek the advice of their archaeological consultant in this respect, especially in relation to the post-fieldwork assessment, analysis and reporting stages of the programme.
(4) A mitigation strategy could be prepared and agreed in advance of the determination of this application so that the applicant is fully aware of the programme of archaeological work required and the programme and resources required to achieve it. It should also be noted that this site is in a location that is prominent to the general public and passers-by, and it therefore provides an opportunity to engage the local community with the archaeological programme.
(5) A water efficiency calculation will be needed to discharge condition 17. For guidance on how to do this and what is required, please refer to the following document: ‘The Building Regulations 2010 – Sanitation, hot water safety and water efficiency’, Appendix A (p36-44).
(6) To meet the requirement of condition 23 above, the applicant will be expected to enter into a S278 Agreement with the Highway Authority before commencement of works hereby approved.
(7) Evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation Scheme means the certificate of allocation of credits and confirmation of financial contribution to the scheme. An alternative mitigation package must be approved by the local planning authority and Natural England with evidence of allocation to the scheme.
(8) The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Habitats Regulations 2017 (as amended) it is an offence to disturb or harm any protected species including for example, breeding birds and reptiles. The protection offered to some species such as bats, extends beyond the individual animals to the places they use for shelter or resting. Please note that this consent does not override the statutory protection afforded to any such species. In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.?Please see Natural England’s website for further information on protected species.
(9) The Local Planning Authority would wish the applicant to enter into constructive engagement with Alderbury Parish Council and local residents about the form of the proposed residential development prior to the submission of the Reserved Matters application to Wiltshire Council.
Supporting documents: