Agenda item

Demolition of agricultural buildings and development of up to 500 dwellings; up to 5,000 square metres of employment (class E(g)(i)) & class E(g)(ii)); land for primary school (class F1); land for mixed-use hub (class E / class F); open space; provision of access infrastructure from Sandridge Common (A3102); and provision of all associated infrastructure necessary to facilitate the development of the site (Outline application relating to access)

Note: Please see also see minute 25 of the 19 March 2025 meeting, regarding minor updates to the conditions for this item.

 

Public Participation

Cllr John Glover, Chairman of Melksham Without Parish Council spoke in objection to the application.

Cllr David Pafford, Chairman of Melksham Neighbourhood Plan and Vice-Chairman of Melksham Without Parish Council spoke in objection to the application.

Teresa Strange, Clerk to Melksham Without Parish Council, spoke in objection to the application.

Jacqueline Mulliner, agent, spoke in support of the application.

Cllr Richard Wood, Chairman of Melksham Without Planning Committee, spoke in objection to the application.

 

Senior Planning Officer, Steve Sims, presented a report which recommended that authority be delegated to the Director of Planning to grant outline planning permission for development of up to 500 dwellings and up 5000 square meters of employment land for uses falling within classes E(g)(i)) & class E(g)(ii) and other matters detailed in the report, subject to the completion of a s.106 legal agreement and planning conditions.

 

Key issues included the scale of development, highway and access matters with the vehicular access onto the A3102 being the only detailed matter for assessment), the landscape and visual impacts, land drainage and ecology as well as setting out relevance of the emerging Local Plan, our adopted policies and design guide.

The Council’s emerging local plan status and the application’s broad conformity with the emerging WLP in terms of the red lined site area was explained, along with explaining the increased housing quantum that required a balanced judgement given the lack of any technical objections to the application at a time when the Council’s HLS was significantly below the required 5 year requirement. 

 

The detailed means of vehicular access was explained along with the modelling work that informed its design and acceptability. The Committee was also informed of the necessary s106 contributions to include 40% affordable housing, as well as developer contributions for various infrastructure including highways and PRoW improvements, £750,000 to go towards a new bus service to link the site with the town centre, £512,727 to go towards funding local health care improvements at the Giffords Surgery and Spa Medical Centre in Melksham, securing public open space and a developer contribution for £118,000 to enhance local leisure/ sporting provision (as a summary of some of the identified necessary s106 obligations).

 

Members were also advised of the negotiated agreement officers had reached with the applicant to agree to construct future highway infrastructure up to the western site boundary to prevent a future ransom strip scenario impacting upon site permeability and having a future linkage with the Skylark Roundabout and Eastern Way. Following member/officer exchanges, it was accepted that the ‘no ransom’ strip s106 obligation could be extended to also refer to the southern boudnary to avoid compromising future highway connections to the identified employment site within the application site and the emerging local plan employment land allocation outside the site parameters.

 

The report concluded that officers considered there were no technical grounds to refuse the application.

 

Members of the Committee then had the opportunity to ask technical questions of the officers. Queries were raised about the sole vehicular access serving the proposed development instead of a roundabout off the A3102 or having a secondary access from the western side via Eastern Way. In response, it was explained that the adjoining land to the west was not within the control or ownership of the applicant and it would be unreasonable and unlawful to burden the applicant to provide additional highway infrastructure over third party land when assessed against the three legal tests that all Council imposed developer obligations must comply with. 

 

Moreover, the Committee was informed that the site’s proposed junction onto the A3102 designed with a ghost island and right turn entry point has been fully scoped and modelled, and the local highway authority was supportive of its siting and design.  It was confirmed by the Council’s own strategic specialist highway engineer that the proposal would not compromise the A3102 in terms of its principal road function and the A3102 would remain safe and suitable.

 

Members asked about why no secondary contribution was listed as a developer obligation.  In response, it was confirmed and included in the agenda papers that the Council’s education team had identified capacity at Melksham Oak and only early years and primary school place contributions were necessary. 

 

Details on the site’s flood risk and surface water drainage issues were asked about and duly explained with reference made to the consultation response from the Council’s drainage authority and recommended planning conditions relating to land drainage and sewerage.

 

The future provision and siting of a community hall building on the site and for the eastern part of Melksham was raised - with concern being raised regarding the applicant’s proposed provision of less than 0.2ha on the site. It was confirmed that the application was for outline permission and access only, with the potential siting of a mixed-use community hub being a matter for a future reserved matters application. Officers accepted that the applicant’s proposal area of land was less than what was identified in the emerging WLP, and that officers sought Members to consider the recommended s106 summarised obligation to require the applicant to confirm the siting and future delivery as a bespoke legal agreement requirement.

 

Questions were also raised regarding how traffic would access the identified employment land parcels in the southwestern part of the application site (and wide emerging WLP allocation). In response officers explained that that would be a matter covered in the future REM application(s) although it was accepted that there was a need to secure the applicant’s commitment to deliver highway infrastructure up to their site boundaries to ensure such land is fully accessible with no ransom strips.

 

Further queries were raised regarding the types of employment uses that would take place with reference made to local light industry/warehousing businesses seeking new premises.  In response, officers advised the Committee that those type of uses were not compatible with the application description and what was before the Committee for determination.  Moreover, those uses had not been modelled as part of the application assessment and unlike offices/research and development premises, light industry/warehousing uses on the site were not considered suitable for residential areas. 

 

The Committee was informed that the proposal had been subject to a rigorous assessment by highway and planning officers and the recommendation to approve was fully justified.

 

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

 

The Local Member, Cllr Nick Holder, then raised a number of concerns with the application, highlighting the need for a community hub of a size that meets local needs, as well as highlighting concerns regarding the employment allocation and the types of uses to be provided, and questioning the merits of a standard ghost island junction on the A3102 rather than a roundabout.  The published recommended delivery triggers for highways improvements were also challenged.

 

The item was then opened for debate. A motion to approve the application subject to the future completion of a s.106 legal agreement and compliance with planning conditions was moved by Cllr Jonathan Seed and requested that authority be delegated to officers to negotiate a legal agreement with the applicants that includes additional land on site for a community hub, and that the committee does not approve the parameters plan document submitted with the application given the reference made to less than 0.2ha of land for a mixed use hub. Cllr Seed also included in the motion the need for officers to secure an earlier delivery trigger for the completion of the pedestrian crossing over Eastern Way (and for this to be a s106 matter and thus negate the need for the recommended planning condition no.10), and to secure the additional no ransom strip safeguard within the application site to avoid compromising the future delivery of the  employment land parcels and the other parts of the emerging WLP site allocation. This was seconded by Cllr Adrian Foster.

Without further discussion, it was then,

 

Resolved:

To delegate to the Director of Planning to grant outline planning permission subject to all parties entering into an agreement under s.106 to the Town and County Planning Act 1990 (as amended) to secure the developer obligation set out within section 10 of the published report with the aforesaid committee endorsed amendments, and subject to the following planning conditions :

 

1. The development hereby permitted shall be begun either before the expiration of two 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. Application(s) for the approval of all of the reserved matters (should this development be advanced on a phased manner) shall be made to the Local Planning Authority before the expiration of three years from the date of outline permission being granted.

 

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

3. 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:

 

(a) The scale of development;

(b) The layout of the development;

(c) The external appearance of the development;

(d) The landscaping of the site.

 

The development shall then 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.

 

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

 

Site Location Plan - drg no. 18045_220 rev B

Parameter Plan – Composite drg no. 18045_520 rev E (note. Notwithstanding the colour hatching shown on the said plan, no approval is hereby given for the indicative mixed-use hub.  The s106 will secure the respective on-site requirements and associated developer obligations pursuant to this on-site provision)

Parameter Plan – Heights  drg no. 18045_522 rev C

Parameter Plan – Density  drg no. 18045_523 rev D

Proposed Ghost Island Right Turn Lane drg no. ITB12069-GA-049 rev B

Proposed Pedestrian Cycle Emergency Access  drg no. ITB12069-GA-057 rev A

Proposed Temporary Construction Access and 1:1000 drg no. ITB12069-GA-054 rev A

 

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

 

5. No application for reserved matters shall be submitted until there has been first submitted to and approved in writing by the Local Planning Authority a detailed Phasing Plan and order of delivery schedule for the entire application site indicating geographical phases for the entire development.

 

Where relevant these phases shall form the basis for the reserved matters applications, and each phase shall include within it the defined areas and the quantities of open market and affordable housing as well as the community and employment uses and associated infrastructure relevant to any given phase.

 

The 'order of delivery schedule' shall also specify the order in which each land parcel shall commence.

 

In addition, detailed plans and an order of delivery schedule for 'non-phase specific' landscape and ecology mitigation measures shall be submitted to and approved in writing by the local planning authority. 

 

The development shall be carried out in strict accordance with the provisions of the approved phasing plan and/or any subsequent amendment to the phasing plan that has been agreed in writing by the Local Planning Authority.

 

REASON: To ensure the proper planning and delivery of the development and to deliver a sustainable development which is in character with its surroundings and in accordance with the terms of the application.

 

6. The subsequent reserved matters applications (phased or otherwise) shall make appropriate provision for the following:

 

·       Up to 500 dwellings of which 40% will be affordable housing

·       2.07 ha of land being safeguarded for employment purposes to accommodate a building or buildings up to 5,000sqm falling under Use Classes E(g)(i) & E(g)(ii)).

·       2 ha of land for a primary school (Class F1).

·       0.17 ha of land for a mixed-use hub (Class E / Class F) with space for car parking and a building footprint with a gross floor area of c.400sqm.

·       15 ha of land to be provided and dedicated as public open space, children's play areas, allotments and attenuation ponds to include 17,464m² of Public Open Space (POS), 885m² of Equipped Play in the form of two equipped play spaces and 0.17ha of land for allotments.

 

The 'layout of the development' reserved matter (which is required to be submitted and approved under condition no. 3) shall accommodate all the above substantially in accordance with the Parameter Plan – Composite drg no. 18045_520 rev D, Parameter Plan – Heights drg no. 18045_522 rev C and Parameter Plan – Density drg no. 18045_523 rev C.

 

REASON: To ensure the creation of a sustainable development which is in character with its surroundings and in accordance with the terms of the planning application.

 

Highway Matters

 

7. Prior to the commencement of works on any given development phase, details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfalls, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for the provision of such works (for that phase) shall be submitted to and approved in writing by the Local planning Authority. Each phase of the development shall not be first occupied until the works have been undertaken in accordance with the approved details and timetable.

 

REASON: In order that the development is undertaken in an acceptable manner and to ensure that the roads are laid out and constructed in a satisfactory manner.

 

8. The roads, including footpaths and turning spaces, shall be constructed so as to ensure that before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and the existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

9. Prior to commencement of the construction of the development full details of a shared walking/cycling route along the alignment of Bridleway MELW41 from the site access on to Bridleway MELW41 to Eastern Way in accordance with drawing ITB12069-GA-033 rev E (contained in the Transport Update Note section ‘Other Drawings’) including all necessary permissions, shall be submitted to and approved in writing by the Local Planning Authority.

 

The shared walking/cycling route shall thereafter be provided in full prior to the occupation of the 325th dwelling on the site and maintained as such thereafter.

 

REASON: To ensure walking and cycling accessibility between the site and the western side of Eastern Way.

 

10. Prior to commencement of the construction of the development full details of a signal-controlled Puffin Crossing off Eastern Way in accordance with drawing ITB12069-GA-056 rev A (contained in the Transport Update Note section ‘Other Drawings’) shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON: To ensure safe and convenient crossing of Eastern Way is provided for pedestrians and cyclists in the interests of highway safety and sustainability.

 

11. Prior to commencement of the construction of the development full details of a widened footway along Sandridge Common Road in accordance with drawing ITB12069-GA-055 rev A (contained in the Transport Update Note section ‘Other Drawings’) shall be designed and submitted to and approved in writing by the Local Planning Authority.

 

The widened footway shall be provided in full in accordance with the submitted details prior to the occupation of the 150th dwelling on the site and maintained as such thereafter.

 

REASON: To ensure safe and convenient access along Sandridge Common Road is provided for pedestrians and cyclists in the interests of highway safety and sustainability.

 

12. Prior to the occupation of the 150th dwelling on the site, the proposed emergency vehicle access and routing off the A3102/ Sandridge Common Road to the internal road network within the scheme, shall be completed and be made available for any given emergency, and it shall be safeguarded and maintained for the lifetime of the development.

 

REASON: To ensure that a satisfactory emergency vehicle access is provided in the interests of public and highway safety.

 

13. Prior to commencement of development a phasing and specification plan for the delivery of up to 2 bus stops excluding the mobility hub within the internal network of the site shall be submitted to and approved by the Local Planning Authority. The bus stops shall be constructed in accordance with the approved details.

 

REASON: To ensure that bus service infrastructure is delivered in a timely manner to maximise the use of sustainable travel modes.

 

14. Prior to commencement of development a phasing and specification plan for the Mobility Hub shall be submitted to and approved by the Local Planning Authority. The Mobility Hub shall include as a minimum a bus stop with shelter and associated real time information for bus, cycle parking including electric cycle charging points, electric vehicle fast and rapid charging points. The Mobility Hub shall be constructed in accordance with the approved specifications.

 

REASON: To ensure that the Mobility Hub is delivered in a timely manner to maximise the use of sustainable travel modes.

 

Drainage

 

15. No development (pursuant to each phase) shall commence on site until a scheme for the discharge of surface water from the site, including sustainable drainage systems and all third-party approvals, has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. No phase of the development shall be first occupied until the scheme for the discharge of surface water for that phase has been constructed in accordance with the approved details.

 

REASON: To ensure that the development can be adequately drained without increasing flood risk to others.

 

16. No development (pursuant to each phase) shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the approved sewage disposal measures have been fully implemented for that phase in accordance with the approved details.

 

REASON: To ensure that the development is provided with a satisfactory means of drainage.

 

Ecology

 

17. Prior to commencement of development on site, including site clearance, an Ecological Mitigation and Management Plan (EMMP) shall be submitted to and approved in writing by the Local Planning Authority. The plan which will be prepared in broad accordance with the Ecological Constraints and Opportunities Plan (ES Chapter 10: Biodiversity prepared by ead ecology, 14/12/2023) and Environmental Parameters Plan – Composite (Ref Masterplan 417A Rev. B prepared by Origins, 19/12/2023). The plan will include the following elements:

 

· Evidence of how measures detailed in the Avoidance, Mitigation, Compensation and Enhancement Section (paragraphs 10.134-10.172) and summarised in Table 10.8 of ES Chapter 10: Biodiversity shall be implemented across the Site.

· A drawing/s specifying the location of mitigation and enhancement measures required by the Avoidance, Mitigation, Compensation and Enhancement Section (paragraphs 10.134 - 10.172) and summarised in Table 10.8 of ES Chapter 10: Biodiversity.

· A drawing/s specifying measured habitat unit areas including condition, hedgerow lengths and measured buffer distances along features of conservation importance.

· A drawing/s showing the location, number and specification of new features for nesting birds, roosting bats, reptiles and insects.

· Species specific mitigation strategies for reptiles, bats (roosting, foraging and commuting), dormouse, otter and badger.

· A drawing/s specifying the location and extent of habitats and features with species specific management priorities including reptile receptor areas, bat commuting and commuting habitat including dark corridors and cross over points, dormouse habitat, otter mitigation along Clackers Brook and retained at roosts.

· Mitigation and enhancement strategy for Clackers Brook tributary and retained

broadleaved woodland.

· A BNG Calculation for the site, based on Metric 4.0 (as approved).

 

The approved EMMP shall set a framework for all reserved matters applications, which shall only be permitted where in accordance with the approved EMMP and will include timescales for implementing the approved measures. The site shall be managed in accordance with the approved EMMP in perpetuity unless agreed in writing by the Local Planning Authority, and monitoring reports shall be submitted to the Local Planning Authority in accordance with the monitoring programme therein.

 

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.

 

18. Prior to the commencement of works on a development pursuant to each phase, 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 enhancement measures for that phase, as set out in the approved EMMP (Condition 18), 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.

·       Mitigation strategies and method statements for protected / priority species, such as nesting birds, badgers, hazel dormice, amphibians, reptiles and bats.

• The appointment of an Ecological Clerk of Works (ECoW), including role, responsibilities and frequency / timing of attendance on site.

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

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

 

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

 

REASON: To ensure adequate protection and mitigation for ecological receptors and to prevent pollution of the water environment 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.

 

19. Prior to the start of construction on any given development phase, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP should include the landscape and ecological avoidance, mitigation and enhancement measures for that phase (as set out in the approved EMMP) and will include:

·       Long term objectives and targets in accordance with the EMMP.

·       Monitoring, management and maintenance responsibilities and schedules for each ecological feature within the development for a period of no less than 30 years from the commencement of the scheme.

·       The mechanism for monitoring success of the management prescriptions with reference to the appropriate Biodiversity Metric target Condition Assessment Sheet(s) in the EMMP.

·       A procedure for review and necessary adaptive management in order to attain targets.

·       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.

 

20. No external lighting shall be installed on site for each phase of the development until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Local Planning Authority. The plans will be in accordance with the appropriate Environmental Zone standards set out by the Institution of Lighting Professionals (ILP) Guidance Notes on the Avoidance of Obtrusive Light (GN 01/2021) and Guidance note GN08/23 “Bats and artificial lighting at night”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

 

The approved lighting shall be installed and maintained in accordance with the approved details and no additional public external lighting shall be installed, unless approved in writing by the Council.

 

REASON: In the interests of the amenities of the area, to minimise unnecessary light spillage above and outside the development site.

 

Construction Method Statement

 

21. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The submitted Construction Method Statement must include safeguarding measures to deal with the following:

 

·       point of access into the site for construction vehicles;

·       the parking of vehicles of site operatives and visitors;

·       loading and unloading of plant and materials;

·       storage of plant and materials used in constructing the development;

·       the erection and maintenance of security hoarding including decorative displays   and facilities for public viewing, where appropriate;

·       wheel washing facilities;

·       measures to control the emission of dust and dirt during construction;

·       a scheme for recycling/disposing of waste resulting from demolition and construction works;

·       working hours, including deliveries;

·       large vehicle and delivery routing plan;

·       the control and removal of spoil and wastes;

·       the location and use of generators and temporary site accommodation;

·       the cutting or other processing of building materials on site;

·       where piling is required, this must be Continuous flight auger piling wherever practicable to minimise impacts;

·       communication procedures with the Council and local community regarding key construction issues (newsletters, fliers etc.)

 

The Construction Method Statement shall subsequently be implemented in accordance with the approved details and agreed timetable. The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

 

REASON: In order that the development is undertaken in an acceptable manner, to minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

Landscaping

 

22. A timetable for the implementation of all soft landscaping comprised in the details of landscaping approved under condition 3 for each phase of the development shall be submitted to and agreed in writing with the Local Planning Authority. The works shall be carried out in accordance with the agreed phasing and timetable. 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 5-years, die, are removed or damaged, seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species. All hard landscaping shall also be carried out in accordance with the approved details for that phase and prior to the completion of the final dwelling of any part of the development phase, unless otherwise agreed with the Local Planning Authority.

 

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

 

Climate Change

 

23. No development above slab level shall take place until a final Sustainable Energy Strategy, including details of operational energy, climate change adaptation measures and sustainable transport, has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

REASON: To ensure that the objectives of sustainable development are achieved.   

 

24. No development above slab level shall take place on any non-residential development until a BREEAM Pre Assessment for that part of the development has been submitted to and approved in writing by the Local Planning Authority. The assessment shall demonstrate that the relevant part of the development is targeting the relevant BREEAM "Excellent" standard (or any such equivalent national measure of sustainable building which replaces that scheme).

 

Within 6 months of being first brought into use a final Certificate (for that part of the non-residential development) shall have been submitted to the Local Planning Authority certifying that the relevant BREEAM "Excellent" standard (or any such equivalent national measure of sustainable building which replaces that scheme) has been achieved by the development.

 

REASON: To ensure that the objectives of sustainable development are achieved.

 

Water Use Efficiencies

 

25. No development hereby approved shall commence above ground floor slab level until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme will demonstrate a standard of a maximum of 110 litres per person per day is applied for all residential development. The scheme shall be implemented in accordance with the agreed details.

 

REASON: This condition contributes to sustainable development and meeting the demands of climate change. Increased water efficiency for all new developments also enables more growth with the same water resources.

 

Land Contamination

26. 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 and manage the risks associated with land contamination.

 

Archaeology

 

27. No underground / ground disturbance related works shall commence on site until an Archaeological Management Plan (AMP) has been submitted to and approved in writing by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

 

REASON: In order that the development is undertaken in an acceptable manner and to enable the recording of any matters of archaeological interest.

 

 

PLANNING INFORMATIVES:

 

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply, and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website:

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy

 

The developer is encouraged to provide at least one electric vehicle charger per dwelling through careful consideration of the layout of the development and is encouraged to ensure that the layout of the development optimises the potential for solar power generation.

 

The following advice is provided by the Environment Agency - This development site appears to have been the subject of past activity which poses a risk of contamination, however this area is limited and confined to the Blackmore Farmyard. The risk to controlled waters is considered low due to this area being located on unproductive strata and that no infiltration drainage is proposed. We recommend however that developers should:

• Follow the risk management framework provided in Land Contamination: Risk Management, when dealing with land affected by contamination.

• Refer to our Guiding principles for land contamination.

• Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed.

• Refer to the contaminated land pages on gov.uk for more information.

 

Waste on site

The CLAIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works is waste or has ceased to be waste. Under the Code of Practice:

• excavated materials that are recovered via a treatment operation can be reused on-site providing they are treated to a standard such that they are fit for purpose and unlikely to cause pollution.

• treated materials can be transferred between sites as part of a hub and cluster project.
 • some naturally occurring clean material can be transferred directly between sites

 

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on-site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

 

We recommend that developers should refer to:

• the position statement on the Definition of Waste: Development Industry Code of Practice
 • The waste management page on GOV.UK

 

Waste to be taken off site.

 

Contaminated soil that is (or must be) disposed of is waste. Therefore, its handling, transport, treatment, and disposal are subject to waste management legislation, which includes:

• Duty of Care Regulations 1991

• Hazardous Waste (England and Wales) Regulations 2005

• Environmental Permitting (England and Wales) Regulations 2016

• The Waste (England and Wales) Regulations 2011

 

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
 
If the total quantity of hazardous waste material produced or taken off-site is 500kg or greater in any 12-month period, the developer will need to register with us as a hazardous waste producer. Refer to the hazardous waste pages on GOV.UK for more information.

 

European and Nationally Protected Species have been confirmed as present on Site. These species are legally protected, and planning permission does not provide a defence against prosecution or substitute for the need to obtain a licence if an offence is likely. The applicant is advised to follow advice from an independent ecologist and that a European Protected Species Licences for bats, dormice and otter will be required before any work is undertaken to implement this planning permission.

 

In order to discharge the associated drainage conditions, the following additional information should be provided:

• A clearly labelled drainage layout plan showing the pipe networks and any attenuation ponds. The plan should show any pipe node numbers referred to within the drainage calculations.

• A plan showing the cross sections and design of any attenuation pond and its components include stated freeboard above the critical 1 in 100yr + climate change storm event.

• A manhole / inspection chamber schedule to include cover and invert levels.

• Calculations and drawings for the drainage system design showing designated holding areas and conveyance routes based on no flooding on site for a 1 in 30-year rainfall event.

• Calculations and drawings for the drainage system design showing designated holding areas and conveyance routes based on no flooding on site for a 1 in 100 year plus climate change rainfall event in respect to a building (including basement) or utility plant susceptible to water within the development.

• Drawings showing conveyance routes for flows exceeding the 1 in 100 year plus climate change rainfall event that minimise the risk to people and property.

• Evidence that urban creep been accounted for the hydraulic calculations in line with LASOO guidance.

• Evidence that a sensitivity analysis on the network considering surcharged outfall conditions has been undertaken.

• Clear arrangements for ownership and ongoing maintenance of SuDS over the lifetime of the development.

 

Wiltshire Council is the land drainage authority under the Land Drainage Act 1991. Land drainage consent is required if a development proposes to discharge flow into an ordinary watercourse or carry out work within 8m of an ordinary watercourse.

 

A break was then taken from 13.50-14.35. Cllrs Ernie Clark and Carole King left the meeting at this time.