Agenda item

Adjusted BNG areas in association with - Proposed commercial development comprising a Use Class E foodstore (including the sale of non-food goods) and ‘drive thru’ coffee shop unit; petrol filling station; provision of open space / landscaping including a new pedestrian and cycle link between London Road and Green Lane; access, parking, and associated infrastructure and development.

Public Participation

Adam Cundale (applicant) spoke in support of the proposal.

 

Kenny Green, Planning Manager, presented the item. It was explained that he was not the case officer but was covering the item as the case officer was involved with a meeting with the Planning Inspectorate regarding the aforementioned Old Sarum Airfield appeal.

 

Firstly, members attention was drawn to agenda supplement 1, which contained the final officer recommendation, which was to note the updates to the Biodiversity Net Gain (BNG) provision and subsequent changes to the S106 and conditions.  

 

It was further explained that under the planning scheme of delegation (in Part 3, section D3 of the constitution, para 1.13), officers were able to adjust the legal agreement and conditions, providing the modifications were in line with the principles of the Committee’s decision, and that changes would be reported back to a subsequent meeting of the Committee. As such, officers wanted to the Committee to note the update.

 

The officer stated that there had been no changes at all to the development site. However, the location for the off-site BNG provision located within the adjacent country park had changed slightly. Although not mandated to provide 10% BNG at all due to the date of the application submission, members were informed that the applicant wanted to do so.

 

Following endorsement of the application at the 17 April 2024 Strategic Planning Committee, further survey work was undertaken to survey the parcels of land within the country park adjoining the application site, that were previously identified for BNG provision.

 

Following the surveys, it was revealed that the land parcel to the north of the site was of higher quality than was previously thought, and as such delivering BNG on such a land parcel was no longer supported. Therefore, a different parcel of land within the country park close to the previously identified southernmost land parcel was identified to deliver the off-site 10% BNG, and this was presented to the Committee as part of the application update.

 

The officer then highlighted late correspondence officers had received from Cllr Ian McLennan, representing the Laverstock division, who advised he would be unable to attend the meeting, and emailed his thoughts to officers. The email was read out by the officer.

 

In summary Cllr McLennan referenced the environmental impacts and supported the updated proposals, although he referenced additional funding being required for transport/highways improvements, in relation to the crossing point at the A30 junction with Church Road, and Automatic Number Plate Recognition (ANPR) provision for Milford Mill Road.

 

At this point the officer explained to members that the application when it was previously reported to Committee had previously established the reasonable and necessary developer obligations in terms of sums of money to paid by the developer when tested against the three legal tests. Moreover, Members were informed that the S106 legal agreement had reached a very advanced stage, and Members were informed it would be unreasonable to add further obligations to the agreement at this very late stage.

 

Members were advised that there was no substantiated requirement for new or further obligations, and the late request would materially deviate from that which was previously endorsed by the Strategic Planning Committee.

 

Furthermore, Members were reminded that this item was being presented as an update report, and it was not considered reasonable to add additional funding burdens on the developer given the unsubstantiated, uncosted request, which also appeared to have no local highway authority participation.

 

Members were however advised that the request could be brought forward through different funding avenues, and it was suggested that Members note Cllrs McLennan’s request, but it would be for other funding streams to be used should the two identified highway improvements be considered necessary.

 

Members then had the opportunity to ask technical questions. In response it was confirmed that the applicant did not own the land where the off-site BNG parcels were to be located, and it was confirmed that applicant was committed to providing some on site BNG but that would not result in a 10% betterment, and through their separate engagement with the Land Trust that had a 99 year lease to maintain the Castle Hill Country Park, the off-site BNG provision was not objected to. Moreover, members were informed of a letter that officers had received from The Land Trust that set out their support for the applicant’s commitment to deliver the BNG enhancement within the country park.

 

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

 

Cllr Adrian Foster, seconded by Cllr Jonathon Seed, proposed the officer recommendation, and to additionally note the division Member’s (Cllr McClennan’s) suggestions.

 

During debate Members queried whether they could do more than just noting the division Members suggestions, such as sharing them with the highways team as a possible use for Community Infrastructure Levy (CIL) funds.

 

Following the debate it was,

 

Resolved:

 

That Members note:

 

·       Cllr Ian McLennan’s request for additional highways improvements, in relation to the crossing point at the A30 junction with Church Road, and Automatic Number Plate Recognition (ANPR) provision for Milford Mill Road, although the officer had explained it would not be possible to add this to the S106 at this point. 

   

·       The report, adjustments to the Biodiversity Net Gain Provision, the change to the S106 agreement heads of terms criteria D and the consequent change to condition 2 (highlighted)

 

D) OFF SITE BIODIVERSITY MITIGATION

A SCHEME TO SECURE THE OFF SITE ECOLOGICAL MITIGATION/BIODIVERSITY LAND AT THE ADJACENT RIVERDOWN PARK/CASTLE HILL SITE IDENTIFIED IN THE SUBMITTED OFF-SITE BIODIVERSITY NET GAIN REPORT, AND THE MANAGEMENT AND MAINTENANCE PLAN DATED 19^TH NOVEMBER 2024 BY LAND TRUST, REPORT REFERENCE 22714

 

AND SUBJECT TO THE FOLLOWING ADJUSTED CONDITIONS:

 

01  The development hereby permitted shall begin no later than three years from the date of this decision.

 

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.

 

Approved details

 

02  Unless otherwise specified by the subsequent conditions, the development shall be carried out in accordance with the following approved plans and details:

 

Ref: 0000_01 Rev P8- Location Plan

Ref: 0000_02 Rev P8- Existing Site Plan

Ref: 0000  04 Rev P20 Proposed site layout

Ref: 0000_05 Rev P6- Asda Store- Ground Floor Layout

Ref: 0000_06 Rev P7- Asda Store- Proposed Roof Plan

Ref: 0000_07 Rev P4- Proposed Site Sections

Ref: 0000_08 Rev P7- Asda Store- Elevations

Ref: 0000_09 Rev P5- Asda Store- Elevation Callouts

Ref: 0000_10 Rev P4- Click and Collect structure

Ref: 0000_30 Rev P3- Petrol Filling Station floor Plan

Ref: 0000_31 Rev P2- Petrol Filling Station Elevations

Ref: 0000_32 Rev P2- Petrol Filling Station Roof Plan

Proposed Landscaping Scheme Drawing No. 04 Rev L

 

Biodiversity

 

Biodiversity Metric 3.1 V6

Biodiversity Net Gain Plan Rev F. 5^th December 2023.

 

Highways Plans - Proposed modifications to site access and Pearce Way:

 

Drawing 001 Rev A ( Site Plan showing all areas of works)

Drawing 002 Viewport 01

Drawing 003 Viewport 02

Drawing 004 Viewport 03

Drawing 005 Rev A Viewport 04

 

REASON: In order to ensure that the scheme is constructed in accordance with the details previous agreed.

 

Materials and landscaping

 

03  No external materials or external facade works shall take place/be applied until full details or samples of the materials for the external elevations of the buildings and walling, have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

No landscaping works shall take place until a scheme detailing the hard and soft landscaping has been submitted to and approved by the LPA. This should include details of surface materials; shrub and tree planting including details of tree pits confirming that such pits will be adequate to allow the trees to flourish; and details of times of planting, species and size. The landscaping shall be carried out and maintained in accordance with the approved scheme.

 

REASON: In the interest of visual amenity of the site and surrounding area.

 

Restrictions on operation of use

 

04  The retail supermarket store shall not be open to the public (trading hours) other than between the hours of Monday to Saturday: 0700 hrs to 2300 hrs and Sunday: a maximum six-hour period between 0900hrs to 1700hrs

 

REASON: In the interests of amenity.

 

05  The drive-through coffee shop shall not be open to the public (trading hours) other than between the hours of Monday to Saturday: 0700 hrs to 2300 hrs and Sunday: 0900hrs to 2000hrs

 

REASON: In the interests of amenity

 

06  Petrol filling station tanker deliveries will only take place between 0700hrs and 2100hrs Monday to Sunday. There shall be no tanker deliveries outside of these times.

 

REASON: In the interests of amenity.

 

07  The jet wash, air, water and vacuum units associated with the petrol filling station shall only operate between 0900hrs and 1800hrs Monday to Sunday.  They shall not be operational outside of these times.

 

REASON: In the interests of amenity.

 

08  No deliveries shall be made to, or waste collections made from, the petrol filling station or coffee drive through hereby approved except between the hours of  0800hrs and 2100hrs Monday to Sunday. 

 

REASON: In the interests of amenity.

 

09  No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 0800hrs to 1800hrs Monday to Friday and 0800hrs to 1300hrs on Saturdays.

 

REASON: In the interests of the protection of amenity.

 

10  No development shall commence on site including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, until a Construction and Environmental 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/routing of construction vehicles;

                 ii.         Construction staff parking

               iii.         The cutting or other processing of building materials on site;

               iv.         Wheel washing and vehicle wash down facilities;

                 v.         The transportation and storage of waste and building materials;

               vi.         The recycling of waste materials (if any)

             vii.          The loading and unloading of equipment and materials

            viii.         The location and use of generators and temporary site accommodation

               ix.         Where piling is required this must be Continuous flight auger piling wherever practicable to minimise impacts

                 x.         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.  This is particularly pertinent to the hedgerow, trees and buffer area along the western edge of the site and the southern and eastern areas set aside for grassland creation and enhancement.

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

c.    Mitigation strategies already agreed with the local planning authority prior to determination, such as for great crested newts, dormice or bats; this should comprise the pre-construction/construction related elements of strategies only. 

d.    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. 

e.    Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW). 

f.      Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence. 

 

The exact prescriptions of the CEMP should be drawn from the submitted Ecological Assessment Report by Encon Associates (Revision E) dated 20/12/23 and  based on the Tree Survey Report and AIA Method Statement Rev B Dated 12/5/2022  By Encon.

 

The construction/demolition phase of the development will be carried out fully in accordance with the construction and environmental management plan at all times.

 

REASON: In the interests of the protection of amenity and 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. 

 

11  Prior to the installation of any air extraction system which discharges air that is likely to be odorous, including from food or drink preparation rooms, a scheme of works for the control and dispersal of atmospheric emissions, and in particular odours has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working condition at all times thereafter.

 

REASON: In the interests of the protection of amenity. In discharging this condition, the applicant should ensure that the ventilation system discharges vertically at a height of at least 1m above the height of any nearby sensitive buildings or uses and not less than 1m above the eves. We also recommend the applicant consults EMAQ ref “Control of odour and noise from commercial kitchen exhaust systems.

 

12  No building shall be occupied until an assessment of the acoustic impact arising from activities within the enclosed warehouse and any fixed plant associated with main supermarket, Petrol Filling Station shop and the Coffee Drive Through is undertaken in accordance with BS 4142: 2014 +A1:2019, and that assessment has been submitted to the Local Planning Authority together with a scheme of attenuation measures to demonstrate the rated level of noise shall not exceed background and is protective of local amenity.

 

The assessment is to be based on the background levels (L_A90T) recorded in the predevelopment noise survey, as provided in Table 1 of the submitted Acoustic Consultancy Partnership Ltd report ref 11679, dated 16th May 2022.

 

The scheme shall be submitted to and approved in writing by the Local Planning Authority.  A post installation noise assessment shall be carried out within 3 months of completion of the  development to confirm compliance with the noise criteria and additional steps required to achieve compliance shall be taken, as necessary. The assessment shall provide confirmation of the as installed details, with calculated noise levels updated as necessary. The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained.

 

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

 

Customer trolleys

 

13  Before the retail use hereby permitted first comes into operation, a scheme to restrict the removal of customer trolleys from the retail park site shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved scheme.

 

REASON: To limit the impact of the development on adjacent residential amenity

 

Landscape and Ecological Management Plan (LEMP)

  

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 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. 

 

Lighting

 

15  Notwithstanding the information and details within the submitted Lighting Statement by DDA dated 25^th March 2022, prior to the installation of any lighting, a complete Lighting Strategy for the site, which contains lux contour plots demonstrating that light levels of 0.5 Lux or less can be achieved at the edges of key habitat features, together with location, type and model of all lighting units to be installed, shall be submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall be carried out in accordance with the agreed scheme.

 

REASON: In the interests of conserving biodiversity. 

 

Contamination

 

16  In accordance with  conclusions of the submitted Preliminary Risk Assessment report,        (Preliminary Risk Assessment by DTS Raeburn Ltd November 2021), no development shall commence on site until a more detailed site investigation and risk assessment has been 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.

 

If the report submitted pursuant to above 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: Core policy 56, To reduce the risks associated with land contamination

 

Retail use restrictions

 

17  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re- enacting or amending that Order with or without modification), the retail store shall be used solely for purposes within Class(es) E (a) retail and (b) food and drink, of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended)(or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification). There shall be no subdivision of the main retail unit (with the exception of the internal café/restaurant) hereby approved, or any additional internal floor space created (including any insertion of mezzanine floors) for the purposes of additional net retail sales area, not covered by this permission.

 

REASON: The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same class(es), having regard to the circumstances of the case and in order to limit the impact of the development on the vitality and viability of Salisbury city centre, including the planned Maltings and Central Car Park development.

 

18  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (or any Order revoking or re- enacting or amending that Order with or without modification), there shall be no additions to, or extensions or enlargements of any building forming part of the development hereby permitted for the purposes of the creation of additional net retail sales floor area.

 

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements and in order to limit the impact of the development on the vitality and viability of Salisbury city centre, including the planned Maltings and Central Car Park development.

 

Highways and parking

 

19  The main retail unit and the drive through unit shall not be occupied (open for trading) until the vehicular access has been amended as outlined on drawing ref: ‘Proposed Modifications to Site Access and Pearce Way Viewpoint 04’ drawing number: 005 Rev A. This includes widening of the lane to provide a two-lane entry onto Hampton Park Roundabout, provision of a traffic calmed pedestrian/cycleway crossing of the access and alterations to street lighting.

 

REASON: To ensure that adequate pedestrian and cycle routes are provided to the site in the interests of highway safety.

 

20  The main retail unit and the drive through unit shall not be occupied (open for trading) until the new shared use footway/cycleways on Pearce Way and London Road and the upgrade of the existing footways to shared use footway/cycleways on Pearce Way and London Road as outlined on drawing ref: ‘Proposed Site Layout’ rev P20, together with associated lining and signing, and street lighting alterations over the entire site frontage are provided.

 

REASON: To ensure that adequate pedestrian and cycle routes are provided to the site in the interests of highway safety. Note the above details will need to be agreed as part of a separate S278 Agreement with the Council as Highway Authority.

 

21  The main retail unit and the drive through unit shall not be occupied (open for trading) until  details of the direct pedestrian/cycle links from Green Lane into the western boundary of the site have been submitted to and approved in writing by the Local Planning Authority.  No part of the development hereby approved shall be first brought into use until the links have been completed in accordance with the approved details.

 

REASON: To ensure that adequate pedestrian and cycle routes are provided to the site in the interests of highway safety.

 

22  No part of the development of hereby permitted shall be first brought into use until the access, and turning areas, servicing area, internal pedestrian and cycle paths, parking spaces and cycle spaces have been completed in accordance with the details shown on the approved plans, including surfacing and demarcation of parking spaces. The areas shall be maintained for those purposes at all times thereafter.

 

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

 

23  Within 6 months of the development hereby approved opening for trading, a Full Travel Plan based on the submitted framework travel plan (ref GB01T21E36/002/V4 by Systra)  shall be submitted to and approved in writing by the Local Planning Authority. The full travel plan when approved shall be implemented (including the appointment of a travel plan co-ordinator) from the date of approval.

 

REASON: In the interests of promoting sustainable patterns of travel to and from the development.

 

Drainage

 

24  Notwithstanding the details shown on the Proposed Schematic Drainage Option 03 – Infiltration and SUDS dated September 2022 by MJM  ref 7163-MJM-01-00- DR-C-15204 Rev P03, no development shall take place regards the drainage scheme/works for the site, until a scheme for the discharge of surface and foul water from the buildings hereby permitted has been submitted to and approved in writing by the Local Planning Authority. The scheme submitted shall provide the following:

 

•      Geotechnical factual and interpretive reports, including infiltration tests in accordance with British Research Establishment (BRE) Digest 365 – Soakaway Design.

•      Demonstrate 20% betterment has been achieved on post-development discharge rates for both peak flow and volume on existing greenfield rates for all storm events between the 1 in 1 year and the 1 in 100 year return period storm events.

•      Drawings which demonstrates mitigation of potential pollutants from the proposed petrol station, and calculations which demonstrate the drainage design provides a sufficient level of water treatment to prevent pollution of groundwater.

•      Detailed cross and long section drawings or the proposed attenuation pond and its components.

•      Detailed calculations for the attenuation pond, and demonstrate a freeboard has been applied.

 

and the drainage scheme shall be carried out and retained in accordance with the approved details.

 

REASON: To limit the impact of the scheme on the drainage system and surrounding natural habitats.

 

Archaeology

 

25  No development shall take place within the application area until the applicant has secured and implemented a programme of archaeological field evaluation in accordance with a written scheme of investigation, which has been submitted by the applicant and approved in writing by the Local Planning Authority. The results of the evaluation will inform the preparation of a mitigation strategy which will be submitted by the applicant and approved in writing by the Local Planning Authority prior to the commencement of the development. The mitigation strategy will provide for:

 

                  i.          A programme of site investigation and recording, or alternative appropriate mitigation, within any areas of archaeological interest. Development will not commence within any area of archaeological interest until the site investigation has been satisfactorily completed.

                 ii.         A programme of post investigation assessment, analysis, publication, dissemination and archiving. This part of the condition shall not be discharged until these elements of the programme have been fulfilled in accordance with the programme set out in the mitigation strategy or unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To enable the recording of any matters of archaeological interest.

 

Sustainable design

 

26  The main retail unit hereby permitted shall achieve a BREEAM ( Building Research Establish Environment Assessment Method) rating of 'Excellent'. Unless otherwise agreed in writing with the Local Planning Authority, the retail unit shall not be occupied until the post- construction state assessment and subsequent BREEAM Certificate certifying that 'excellent' status has been achieved has been submitted to and agreed in writing by Local Planning Authority.

 

REASON: In order to produce a scheme with a high level of sustainable design in accordance with adopted Wiltshire Core Strategy Policy CP41.

 

INFORMATIVES

 

S106

 

The development shall be carried out in accordance with the S106 dated ****

 

Highways

 

The applicant will be required to enter into a S278 Agreement with the Highway Authority before commencement of the works identified in conditions above.

 

Drainage

 

• If the applicant intends to offer SuDS features for adoption, their designs will need to be in accordance with Wessex Water’s SuDS Adoption Guidance.

 

• The site is likely to be underlain by chalk. In chalk, or any other fill material prone to instability, soakaways should be sited in accordance with the chalk density in accordance with CIRIA C574 “Engineering in Chalk”; this may result in min 10m clearances being required from any building, road or structure foundations.

 

• The drainage strategy will need to consider the increased contamination risk to groundwater / surface waterbodies posed by the petrol forecourt, and propose suitable pollutant mitigation for this area of the site.

 

• The applicant is referred to Wiltshire Council’s Surface Water Soakaway Guidance for the standards that must be met for planning approval and adoption of infiltration drainage features.

 

• The surface water disposal hierarchy is set out below (as per the Sewerage Sector Guidance, paragraph C.3.12):