Agenda item

Public Participation:

 

Mr David Lohfink, the applicant, C G Fry and Sons, spoke in support of the application.

 

Mr Patrick Duffy, Tisbury Parish Council, stated his organisations’ support subject to certain conditions being met.

 

Cllr Tony Deane, unitary member for Tisbury, stated his support for the proposal and focused on a number of points which should be clarified, including: need for unfettered access across and to the site, the community will against street lighting, and the need for joined up thinking given the possible future development of Wiltshire Council’s campus to the immediate south of the site.

 

The planning officers summarised his report and drew the committee’s attention to a number of additions to his suggested conditions. He explained that this was a reserved matters application. These included the addition of a ‘plans list’ condition, an informative that the application should be read in conjunction with the original application and the S.106 agreement for the application.

 

Technical questions on the application were received from the committee members, as follows:

 

·         Lighting – Members queried the legal necessity for lighting within the scheme. In response the planning officer suggested that the flexibility existed in the proposed condition as worded to allow for a minimal scheme of lighting, however he was unsure of the legality of imposing a condition of no lighting.

·         Police Audit – There was no police audit of the application proposed.

·         Retail units- No retail units were proposed within the development

·         Numbers of Homes / Affordable homes – Officers clarified that there were a total of 90 homes confirmed, of which 32 were affordable housing.

·         Road standards / adoptability – It was confirmed that all roads on the development were to be built to an adoptable standard and it was planned that they would be adopted by the council.

 

There followed a lengthy debate wherein the following key points were debated:

·         The final form of the access to Hindon lane (T-Junction / Roundabout)

·         Members’ support for open access to Weaveland Road and the Wiltshire Campus site - during the debate it was made clear that all parties were amenable to achieving a through access to Weaveland Road and that Wiltshire Council should pursue this option without delay.

·         The level of affordable housing and usefulness of R2 funds

·         Local support for measures to minimise / have no street lighting

 

Resolved:

 

That planning Permission be GRANTED for the following reason:

 

This reserved matters application is considered to have addressed the matters reserved by the outline application S/2008/0779 in an appropriate manner. The proposal is well designed overall in accordance with the aims and objectives of the adopted Development Brief for the site “Hindon Lane, Tisbury” December 2006. And in detail the proposal reflects the established characteristics of Tisbury, will utilize acceptable high quality materials throughout and will not result in any demonstrable or, unreasonable harm to the residential amenity of neighbouring properties, the highways network both on and off site, protected species and drainage and in all other regards. As such the proposal is considered to be in general accordance with local planning policies H14, E14A, G1, G2, G5,G9, D1, D6, D7, H25, TR1, TR11, TR12, TR13, TR14, R2, R4, R17,C4, C5, C12 and with the aims and objectives of government planning guidance particularly PPS7, PPS1, PPS3, PPS9, PPS22, circulars 11/95, 01/2005.

 

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)    No development approved by this permission shall be commenced until details of a scheme for the provision of surface water run off limitation incorporating sustainable drainage principles (SUDS) in accordance with the Flood Risk Assessment Laurence Rae Associates Ltd Report No 2651 FRA 3 dated April 2008 has been submitted to and approved in writing by the local planning authority. The scheme shall be completed in accordance with the approved programme and details.

 

       Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

 

       Policies: G5 adiopted Salisbury District Local Plan

 

3)    Prior to the commencement of development approved by this planning permission or such other date or stage in development as may be agreed in writing with the Local Planning Authority a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved in writing by the local planning authority. That scheme shall include all of the following elements unless specifically excluded in writing by the Local Planning Authority:

 

a)A desk study identifying: all previous uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources  pathways and receptors; potentially unacceptable risks arising from contamination at the site.

 

       b). A site investigation scheme based on 1 to provide information for an assessment of the risk to all receptors that may be affected including those off site

 

       c) The results of the site investigation and risk assessment 2 and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken;

 

       d). A verification report on completion of the works set out in 3 confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance further monitoring and reporting.

       Any changes to these agreed elements require the express consent of the Local Planning Authority.

 

       Policies: G2 adopted Salisbury District Local Plan

 

       4) No development approved by this permission shall be commenced until a Construction Environmental Management Plan incorporating pollution prevention measures has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

 

      Reason: To prevent pollution of the water environment

 

      G2 adopted Salisbury District Local Plan

 

       5) Prior to the commencement of construction works a scheme for the washing of construction lorries’ wheels upon leaving the site shall be submitted to and approved, in writing, by the Local Planning Authority. Construction works shall be undertaken in accordance with the approved details.

 

       Reason: in the interests of the amenities of nearby properties

 

       Policies: G2 adopted Salisbury District Local Plan

 

       6) Prior to the commencement of development, details of the water and energy efficiency measures to be used in the proposed development shall be submitted to and approved in writing by the Local Planning Authority. Development shall be undertaken in accordance with the approved details.

 

       Reason: in the interests of sustainable development.

 

       Policies: G2 adopted Salisbury District Local Plan

 

       7) The development hereby approved shall be undertaken in accordance with the recommendations of the submitted protected species surveys unless otherwise agreed in writing by the Local Planning Authority.

 

       Reason: in the interests of protected species

 

       Policies: G2 adopted Salisbury District Local Plan

 

       8) Construction works shall only take place during the following periods: Mondays to Fridays 7.00am to 6.00pm, Saturdays 7.00am to 1pm and not at all on Sundays.

 

       Reason: in the interests of the amenities of nearby properties

 

       Policies: G2 adopted Salisbury District Local Plan

 

       9) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order re-enacting or revoking that order) there shall be no extensions to the dwellings hereby approved, not any outbuildings erected within the curtilage, unless otherwise approved by the Local Planning Authority by means of a planning application.

 

       Reason: in the interests of the character and appearance of the area

 

       Policies: G2 adopted Salisbury District Local Plan

 

       10) No development shall commence until a detailed design of the access junction in the form of a mini-roundabout or, any other type of access that may be agreed, including footways, and bus stops and shelters on Hindon Lane, and the extension of the 30mph speed limit, all as illustrated on drawing number 2424/HA/1of the Outline permission S/2008/0779 has been submitted to and approved, in writing, by the Local Planning Authority. The access junction, footways and extension to the 30mph limit shall be constructed and provided in accordance with the approved details before the commencement of development or, any other programme that may be agreed in writing by the LPA (other than highway development approved through this condition). The approved bus shelters shall be provided before the first occupation of the development.

 

       Reason: in the interests of highway safety and sustainable development and to avoid unnecessary damage to road surfaces as a result of the construction process being phased.

 

       Policies: G2 adopted Salisbury District Local Plan

 

       11) In relation to all trees and hedges identified as being retained in the Existing Tree and Hedgerow Plan, prior to the commencement of any development there shall be submitted to and approved in writing by the local planning authority details:

 

a)    of the specification and position of fencing incorporating the proposed alignment of the fencing and any other measures to be taken that will be provided for the protection of all such trees and hedges from damage during the carrying out of any work in respect of the development;

 

b)    of the time periods for the provision and retention of the fencing and other measures identified for the purposes of sub-paragraph (a); and

 

       c) for the laying of such hedges or parts thereof in advance of any part of the development being commenced.

 

       Reason: in the interests of the character and appearance of the area

 

       Policies: G2 adopted Salisbury District Local Plan

 

       12) All trees and hedges which are identified as being retained in the Existing Tree and Hedgerow Plan shall at all times during the implementation of the development be protected, and in the case of hedges laid, in accordance with the Tree and Hedge Protection Details, provided that the Tree and Hedge Protection Details may be amended in accordance with details expressly submitted to and approved in writing by the local planning authority for such a purpose.

 

       Reason: in the interests of the character and appearance of the area

 

       Policies: G2,C4,C5 adopted Salisbury District Local Plan

 

       13) All landscaping provided in relation to the development shall be in accordance with the Landscaping Principles, provided that the Landscaping Principles may be amended in accordance with details expressly submitted to and approved in writing by the local planning authority for such a purpose.

 

       Reason: in the interests of the character and appearance of the area

 

       Policies: G2,C4,C5 adopted Salisbury District Local plan

 

       14) The development shall only be implemented in accordance with the Landscape

       Management Plan; and landscaping once provided shall at all times thereafter be managed and maintained (and where relevant replaced) in accordance with the Landscape Management Plan, provided that the Landscape Management Plan may be amended in accordance with details expressly submitted to and approved in writing by the local planning authority for such a purpose.

 

       Reason: in the interests of the character and appearance of the area

 

       Policies: G2,C4,C5 adopted Salisbury District Local Plan

 

       15) The development shall only be implemented in accordance with the Design Code, provided that the Design Code may be amended in accordance with a detailed design justification for any changes that may be expressly submitted to and approved in writing by the local planning authority for such a purpose.

 

       Reason: in the interests of the character and appearance of the area

 

       Policies: G2 adopted Salisbury District Local Plan

 

       16) Prior to any part of the development being commenced, details of all lighting proposals shall be submitted to and approved in writing by the local planning authority which shall in particular include:

 

a)    street lighting including lighting for all carriageways, roads, cycleways, footways, footpaths and turning spaces;

 

       b) lighting of communal parking areas and all other publicly accessible areas;

 

c)    the proposed intensity of the lighting;

 

       d) the design of light columns; and

 

       e) a lighting contour plan

 

       Development shall only be implemented in accordance with the details that have been approved by the local planning authority unless otherwise agreed, in writing, by the local planning authority.

 

       Reason: in the interests of the character and appearance of the area

 

       Policies: G2 adopted Salisbury District Local Plan

 

       17) No building within the site shall exceed 2.5 stories in height.

 

       Reason: in the interests of the character and appearance of the area.

 

       Policies: G2 adopted Salisbury District Local Plan

 

       18) ) Prior to any part of the development shall be commenced, plans and sections of a scale not less than 1:200 showing the level of the finished floor slab of every building in relation to Ordnance Datum shall be submitted to and approved in writing by the local planning authority. Development shall only be implemented in accordance with the Floor Level Details that have been approved by the local planning authority.

 

       Reason: in the interests of the character and appearance of the area.

 

       Policies: G2 adopted Salisbury District Local Plan

 

19) No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

       Reason: In the interests of visual amenity and the character and appearance of the area.

 

       Policies: adopted Salisbury District Local Plan

 

20) No development approved by this permission shall be commenced untildetails of existing and proposed ground levels including overland flow routes and exceedence overflow protection in accordance with the Flood Risk Assessment Laurence Rae Associates Ltd report No 2651FRA 3 dated April 2008 and finished floor levels has been submitted to amnd approved in writing by the LPA . The scheme shall be completed in accordance with the approved programme of details.

 

       Reason: To minimise flood risk to the development, neighbouring property and Hindon Lane.

 

       Policy: G4,G5 adopetd salisbury District Local Plan

 

 

(21) 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 existing highway.

 

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

 

Policy: G2 adopted Salisbury District Local Plan

 

(22) No development shall commence on site until full engineering details of the internal layout have been submitted to and approved by the Local Planning Authority.  The development shall be completed in accordance with approved details prior to the full occupation of the development.

 

Reason: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

Policy: G2 adopted Salisbury District Local Plan

 

(23) Not withstanding the details illustrated on plan ref No PP-106BC Received 29/06/11, there shall be no gates erected at the approved new road  access point (southern boundary) to the Community / Leisure Centre and  School site.

 

Reason: The council wishes to take the opportunity to ensure that unrestricted access is achieved through this site to the Community / Leisure Centre and  School site.

 

Policy: G2 adopted Salisbury District Local Plan

 

(24)   The development shall only be undertaken in accordance with the following approved specifications and plans:

 

"Design Code & Access Statement", received 04/03/11

"Tree Survey & Tree Constraints Plan" (TCP) 20 July 2010, received 04/03/11

Plan Ref:03482 TCP 01 Date Received 04/03/11

Plan Ref:03482 TCP 02 Date Received 04/03/11

Plan Ref:346-3 Rev E    Date Received 08/06/11

Plan Ref:346-3 Rev C    Date Received 08/06/11

Plan Ref:PP-001A         Date Received 10/03/11

Plan Ref:PP-108,109,110,111,112 Date Received 04/03/11

Plan Ref No’s between:PP-003 through PP-097  Date Received 04/03/11

Plan Ref:PP-098            Date Received 03/06/11

Plan Ref:PP-099            Date received  04/03/11

Plan Ref:PP-100            Date received  04/03/11

Plan Ref:PP-101            Date received  03/06/11

Plan Ref:PP-102            Date received  04/03/11

Plan Ref:PP-103            Date received   04/03/11

Plan Ref:PP-104            Date received  04/03/11

Plan Ref:PP-106            Date received  29/06/11

Plan Ref:PP- SK-002     Date received  04/03/11

Plan Ref:PP- SK-003     Date received  04/03/11

Plan Ref:PP-113            Date received   04/03/11

Plan Ref:PP-114            Date received  04/03/11

Plan Ref:PP-115            Date received  04/03/11

Plan Ref:PP-116            Date received  04/03/11

Plan Ref:PP- 31262/SK/01 Rev: D  Date received  04/03/11

Plan Ref:262-PDL-03 Rev: A Date received 03/06/11

Plan Ref:262-SD-1001 Rev: A Received 03/06/11

Plan Ref:31262/PDL/01 Rev: C Received 03/06/11

"Flood Risk Assessment Addendum", Dated 17 May 2011 Received 03/06/11

"Car Parking Technical Note" Received 03/06/11

 

Reason: For the avoidance of doubt.

 

 

INFORMATIVE 1:

 

The applicants attention is drawn to the comments made in the letter dated 14th June 2011 from Wessex Water.

 

INFORMATIVE 2:

 

The applicant is advised of the need to apply without delay for a variation to the existing Section 106 agreement to allow for the construction of a “T” Junction and NOT a Mini Roundabout at the proposed main access off Hindon Lane.

 

INFORMATIVE 3:

This decision should be read in conjunction with the outline planning permission S/2008/0779 and the related Section 106 agreements dated 21st June 2010.