Agenda item

Erection of 7 No. residential dwellings and associated access, drainage and landscaping works.

Public Participation

 

• Chris Beaver spoke in support of the application
• Tony Clark spoke in objection to the application
• Cllr Alan Brown, on behalf of Corsham Town Council, also spoke in objection to the application.

 

Planning Officers introduced the report which recommended that the Committee approve planning permission, subject to conditions, for the erection of 7 No. residential dwellings and associated access, drainage and landscaping works.

 

The key material considerations were listed as:

 

• Principle of development
• Layout, scale, design and appearance
• Impact on heritage assets / archaeology
• Highways impacts, pedestrian and vehicular access and parking
• Residential amenity, inc. noise, odour and dust
• Ecology and biodiversity/trees
• Drainage

 

Members of the Committee then had the opportunity to ask technical questions to the officer. The following was clarified:

 

• There was no concern from highways officers about visibility on the roads being affected.

 

• The cul-de-sac is adopted, and the new one would be expected to be as well.

 

• There had been no specific pollution assessment.

 

• The application was submitted in early 2024, with plenty of background negotiation taking place before the current recommendation was reached.

 

The Committee then received statements from the public, as well as the local member Cllr Helen Belcher OBE

 

During debate, Councillors considered the design of the current homes in the area, with the proposed development’s design considered far superior.

 

Some Councillors considered the area already too dense, even before the current proposed development.

 

Highways access was considered by members but overall, the road was considered wide enough.

 

Councillors echoed the point raised by the agent, that “if you can’t construct in an urban area next to a main road, where can/should you build?”.

 

Contradictions to Core Policies 57 and 58 were noted.

 

Councillors expressed that consultation with the public and the right groups always needs to be utilised

 

During debate, a motion to approve the application was proposed by Cllr Steve Bucknell and seconded by Cllr Nic Puntis, following which it was:

 

Resolved

 

That the application be approved subject to the following conditions:

 

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

 

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act

1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2. The development hereby permitted shall be carried out in accordance with the following

approved plans:

 

231041003/ P2 Site Location Plan

23104/1002/ P12 Site Plan (received 24/01/2025)

23104/1010/ P6 Site Plan with Boundaries (received 24/01/2025)

23104/1020/ P2 Management and Adoption Plan (received 24/01/2025)

23104/1103/ P4 House type 3B Plans (received 16/08/2024)

23104/1104/ P4 House type 3B Sections and Elevation (received 16/08/20 24)

23104/1116/ P2 House type 4A Plans (received 16/08/2024)

23104/1117/ P2 House type 4A Section and Elevations (received 16/08/2024)

23104/1107/ P4 House type 4B Plans (received 16/08/2024)

23104/1108/ P4 House type 4B Section and Elevations (received 16/08/2024)

23104/1105/ P5 House type 4C Plans (received 02/12/2025)

23104/1106/ P5 House type 4C Elevations (received 02/12/2025)

23104/1100/ P5 House type 4D Plans (received 16/08/2025)

23104/1101/ P4 House type 4D Section and Elevation (received 16/08/2024)

23104/1102/ P4 House type 4D Garage unit Elevation (received 16/08/2024)

23104/1118/ P1 Housetype 4E Plans (received 17/01/2025)

2310/41119/ P1 Housetype 4E Section and Elevations (received 17/01/2025)

23104/2001/ P3 Street Elevation - Aa and Ab (received 16/08/2024)

23104/2002/ P5 Street Elevation - Ba and Bb (received 24/01/2025)

23104/2003/ P3 Street Elevation – Ca (received 16/08/2024)

292-002/ P2 Landscape Plan with Proposed Roofscape (received 24/01/2025)

23104/1001/ P3 Parking, Car Charge, Bike Storage (received 16/08/2024)

23104/1112/ P2 Bike Storage and Car shelter- Plans and Sections

23104/1113/ P2 Garden Store Building - Plans and Elevations

23104/1110/ P4 Habitat and Wildlife Enhancement Recommendations Plan (16/08/2024)

23104/2004/ P3 Ecology Enhancement (Elevation) (received 16/08/2024)

23104/8001/ P3 Materiality Specification Storage (received 16/08/2024)

(received 07/03/2024 unless otherwise specified)

 

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

 

3. No development shall commence on site (including any works of demolition), until a Construction MANAGEMENT Statement, together with a site plan, which shall include the

following:

 

1. the parking of vehicles of site operatives and visitors;

2. number and size of delivery vehicles/ construction vehicles

3. loading and unloading of plant and materials;

4. storage of plant and materials used in constructing the development;

5. wheel washing facilities;

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

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

8. measures for the protection of the natural environment; and

9. hours of construction, including deliveries;

has been submitted to, and approved in writing by, the Local Planning Authority. The approved

Statement shall be adhered to throughout the construction period. The development shall not

be carried out otherwise than in accordance with the approved construction method statement

without the prior written permission of the Local Planning Authority.

 

REASON: 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.

 

4. No external alterations (including doors) shall be made to the car port(s) approved herein without the formal approval of the Local Planning Authority via a Planning Application.

 

REASON: To ensure car ports remain open and available for car parking.

 

5. No development shall commence on site until details and material sample panels of the stonewalling (including mortar) and roofing materials to be used on the development 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 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 development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys, dormers and canopies 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 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.

 

7. The boundary details shall be implemented in accordance with the approved drawing 292-002: Landscape Plan with Proposed Roofscape (09/01/2025). The boundary to Plot 1 shall at all times be maintained such that a yew hedge of at least 2m in height is situated between the

boundary wall and any fencing located within the curtilage.

 

REASON: To ensure the boundaries are visually appropriate for their surroundings and from the public realm.

 

8. No occupation of the development shall commence until details of a management company which will maintain the communal areas of the site, including all drainage features and landscaping, have been submitted to and approved in writing by the Local Planning Authority.

This shall include details of the following:

1. How the management company will be organised and funded in perpetuity;

2. Full details of the frequency and scope of inspection of the provisioned drainage features;

3. An inspection and maintenance regime for the retained and proposed trees;

4. Any and all other landscaping

5. A site management plan identifying the areas to which the above matters relate.

The communal areas of the site shall thereafter be maintained by the approved management company in accordance with the approved details.

 

REASON: To ensure the adequate maintenance of the communal areas in the interests of appropriate management of drainage features, the longevity and health of the retained and proposed trees, the privacy of adjoining neighbours and biodiversity in accordance with policies CP50, CP51 and CP57 (WCS).

 

9. No development shall commence until details of the bike and bin stores have been submitted to and approved in writing by the Local Planning Authority. These details shall include locations, plan and elevation drawings and material details.

 

REASON: Insufficient information was provided with the application to consider this matter.

 

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

• Ecological Impact Assessment Report. August 2024. Providence Ecological

• Illustrative Landscape Masterplan. February 2024. Greenhalgh

• Ecology Enhancement. August 2024. Nash Partnership

• Habitat And Wildlife Enhancement Plan. August 2024. Nash Partnership

• Landscape Plan. August 2024. Greenhalgh

The installation of the biodiversity mitigation and enhancement measures will be supervised by a professional ecologist and will continue to be available for wildlife for the lifetime of the development.

 

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

 

11. No development shall commence on site, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. 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.

 

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.

 

12. No development shall commence on site until:

a) 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

b) The approved programme of archaeological work has been carried out in accordance with

the approved details.

 

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

 

13. No development shall commence on site until calculations which demonstrate that the required 20% betterment against greenfield rates has been achieved for all storm events between the 1 in 1 year and the 1 in 100year return period storm events has been submitted to and approved

in writing by the Local Planning Authority.

 

REASON: To ensure that surface water discharge is appropriately controlled.

 

14. No development shall commence on site until a construction management plan, which shall include monitoring of, and measures to retain, the existing vegetation across the site, together with details of drainage arrangements during the construction phase, has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority.

 

REASON: To ensure that potential flood risk is controlled during construction.

 

15. No development shall commence on site until the following information is submitted to and approved in writing by the Local Planning Authority:

• Drawings showing conveyance routes for overland flows exceeding the 1 in 100 year plus

climate change rainfall event that minimise the risk to people and property.

• Consent for any outfalls from the proposed drainage systems into a public sewer or other

drainage system not owned by the applicant.

 

REASON: To ensure that potential flood risk is controlled during construction.

 

16. The development hereby permitted shall not be occupied until the approved sewage disposal works proposed have been completed in accordance with the submitted and approved details.

 

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

 

17. 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, grassland and hedge planting shall be maintained in accordance with drawing Landscape Plan. August 2024. Greenhalgh for the duration of the development from the commencement of the scheme and shall be protected from damage by vermin and stock. - Any trees or plants which, 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.

 

REASON: To ensure a satisfactory implementation and maintenance of the Biodiversity Mitigation and Enhancement Strategy

 

18. 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. 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.

 

REASON: To avoid illumination of habitat used by bats.

 

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

• Arboricultural Impact Assessment – Assured Trees, 12th March 2024

• Tree Survey, September 2022

The protective fencing shall be erected in accordance with the approved details and shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations. No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 "Tree Work - Recommendations" or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on

the site or adjoining land.[In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years

 

REASON: To ensure existing trees are appropriately protected during construction and operational.

 

20. 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), there shall be no additions/extensions or external

alterations to any building forming part of the development hereby permitted.

 

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 external alterations.

 

21. 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), no buildings or structures, or gate, wall, fence or other

means of enclosure, other than those shown on the approved plans, shall be erected or placed anywhere on the site on the approved plans.

 

REASON: To safeguard the character and appearance of the area.

 

INFORMATIVES

Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way that crosses the site. You are advised to contact the PROW officer at definitivemap@wiltshire.gov.uk. The right of way must be kept open at all times until an order has been confirmed and the alternative, if applicable, has been certified by Wiltshire Council.

 

If a public right of way will require a diversion to allow development a temporary traffic regulation order (TTRO) can be issued in the interests of public safety during these works, i.e. if works are taking place near the highway there may be a need to protect the public from dangers in relation to those works. However, the surface of the highway must not be disturbed and obstructions not erected until a public path order is confirmed and certified.

 

If the current legal line would be permanently obstructed by the development and a diversion / extinguishment will be necessary, a TTRO will not be issued until the permanent order has been made or confirmed as appropriate.

 

Where the right of way is to be reopened on its original line, any temporary obstructions must be removed to allow free passage for the public at the end of the TTRO period.

 

Section 14(1) of the Road Traffic Regulation Act 1984 states:

“If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited because works are being or are proposed to be executed on or near the road; or because of the likelihood of danger to the public, or of serious damage to the road, which is not

attributable to such works, or allows closure for litter clearing and cleaning, so is not relevant. If a temporary closure is required during the works this must be applied for 3 months before any work is carried out. The applicant should contact the Countryside Access Officer or

email rightsofway@wiltshire.gov.uk.

 

The developer/applicant will be expected to enter into a S278 and S38 Agreement with the Highway Authority before commencement of works hereby approved.

 

The consent hereby granted shall not be construed as authority to carry out works on the highway.

 

The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part

of the highway.

 

The applicant should note that under the terms of ‘The New Roads and Street Works Act 1991’, any person other than a Statutory Undertaker must obtain a licence to carry out excavation works within a street.

 

Licences may be obtained by application from the relevant Area Co-ordinating Engineer at Wiltshire’s Highway Authority.

 

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd.

 

Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

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 https://www.wiltshire.gov.uk/dmcommunityinfrastructurelevy.