Agenda item

W/11/02312/FUL - George Ward School, Shurnhold, Melksham - Renewal of Planning Appeal Decision 26/6/2008, Planning Application Reference 07/02806/OUT for up to 270 Dwellings including Playing Fields, Car Park and Changing Facilites

A report by the Case Officer is attached.

Minutes:

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  He introduced the report which recommended that planning permission be granted.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received the views of Cllr Rod Eaton, the local Member, who was critical of the highway provision, considering that the developer should have been required under a Section 106 Agreement to provide for the provision of a link road to Beanacre but on balance supported the proposal.

 

After a full discussion,

 

Resolved:

 

To grant planning permission at a future date in the event of the Development Control Manager being satisfied as to prior completion of a legal agreement to secure:

 

            1) 30% Affordable Housing

 

2) Provision of Public Open Space together with a maintenance contribution

 

            3) Provision of Public Art

 

4) Provision of playing fields, changing room, car and coach parking and turning area and access thereto

 

            5) Provision of Surface Water Attenuation scheme

 

            6) Provision of Foul Sewerage Pumping Station

 

7) Provision of an index linked financial contribution to education needs arising out of the new housing

 

8) A financial contribution of £45,000 towards implementing the following necessary traffic management measures by the Highway Authority:

 

a) A Traffic Regulation Order to restrict or limit on-street parking on Dunch Lane;

 

b) Design and implementation of traffic management measures relating to the access from Dunch Lane to the A350;

 

c) A Traffic Regulation Order for modification of the speed limit on the A365 to 40 mph past the site and moving the existing gateways.

 

9) Provision of 2 bus stops with shelters and raised kerbs within the site.

 

10) A Residential Travel Plan, which shall include targets, to be undertaken and agreed by the local planning authority prior to the first occupation and appointment of a Travel Plan Co-ordinator. The Travel Plan shall include a welcome pack for new residents, the final contents of which must also be agreed by the local planning authority prior to occupation. This pack must include a map of cycle routes around the town and recommended routes to key destinations such as the new George Ward School, a map of bus routes and bus timetables.

 

11) A financial contribution of £15,000 towards pedestrian and cycle signing to the town centre and other key locations.

 

12) A financial contribution of £25,000 for upgrading the footway along the A365 to improve pedestrian and cycle access to Shaw School.

 

 

For the following reason:

 

The proposed development conforms to the Development Plan and there are no objections to it on planning grounds.

 

And subject to the following conditions:-

 

1       Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site ("the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

          REASON: In accordance with Section 92 of the Town & Country Planning Act 1990 as amended.

 

2       An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

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

 

3       The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

          REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

4       No later than the submission of the last of the reserved matters a plan shall be submitted to the Local Planning Authority showing the phasing of the development of the site; development shall take place in accordance with the approved phasing plan.

 

5       No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted 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:  To ensure that the development harmonises with its setting.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C31A.

 

6       The details of the landscaping of the site submitted in accordance with condition 1 shall include indications of all existing trees and hedgerows on the land, and details of any to be retained

 

7       All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

8       No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building(s) is/are occupied or in accordance with a timetable agreed in writing with the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

 

          REASON:  To ensure the appearance of the development is satisfactory.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C32.

 

9       The reserved matters shall include provision for public open space, amenity areas and play areas. The plans submitted shall define the boundaries of such areas, their proposed uses, the age groups for which they are intended, and the items of equipment, means of enclosure and all other structures which it is proposed to install.

 

          REASON:  To ensure that adequate recreation space is provided to meet the needs of the development.

 

          Leisure _ Recreation Development Plan Document 2009 - LP4

 

10     No hedge shall be felled, uprooted or otherwise removed before, during or after the construction period, except where removal is indicated on the approved plans or on an approved landscaping scheme, or where removal is required to construct a road, footpath or cycleway in accordance with the approved plans.

 

          REASON:  To ensure that existing hedges of value are adequately protected.

 

11     Before any development is commenced on site, including site works or storage of any description, all trees to be retained must be protected.  Heras or similar protective fencing must be 2.4 metres in height and supported on a scaffold framework driven in to the ground by a minimum of 600mm.  Alternatively a three-bar post and rail fence should be erected with galvanised livestock mesh attached to it.

 

          The protective fencing should be erected at a minimum of 2 metres outside the canopy edge of each tree or hedgerow. If a group of trees are to be protected the fence should be erected a minimum of 5 metres out side the group canopy.

 

          Within the areas so fenced off the existing ground level shall not neither be raised  or lowered and no materials, temporary buildings or surplus soil of any kind shall be placed or stored thereon.

 

          If trenches for services are required within the fenced off area, they shall be excavated and back-filled by hand avoiding any damage to the bark and any principal tree roots encountered shall be left unsevered.  Where excavations do expose roots, should be surrounded with sharp/grit sand before replacing soil or other material in the vicinity.

 

          The fences shall not be removed without the consent of the local Planning Authority until the whole of the development is complete unless the Local Planning Authority gives written consent to any variation.

 

          REASON: To prevent trees that are to be retained on or adjacent to the site from being damaged during the construction works

 

          POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy C32.

 

12     A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to, and approved in writing by, the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use.  The landscape management plan shall be carried out as approved.

 

          REASON:  To secure the proper development of the site and in the interests of the establishment and long term management of the landscaped areas.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C32

 

13     Prior to the commencement of the development, detailed designs for the main access junction and the changes to the Dunch Lane/A365 junction shall be submitted to and approved in writing by the local planning authority; and the main access junction and additional works shall be constructed in accordance with the approved drawings prior to the commencement of the development on site.

 

          REASON:  In the interests of highway safety.

 

          POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy H1.

 

14     Detailed plans for vehicle parking, including coach parking, and on-site turning at the sports pitches, together with details of the access to this site and alterations to improve the sight lines at the corner of Dunch Lane together with a travel management plan shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development.

 

          REASON:  In the interests of highway safety.

 

          Leisure _ Recreation Development Plan Document 2009 - LP4.

 

15     A detailed management plan for the sports pitches should be submitted to, approved in writing by the Local Planning Authority and implemented prior to occupation of the development.

 

          REASON:  In the interests of highway safety.

 

          Leisure _ Recreation Development Plan Document 2009 - LP4.

 

16     Prior to commencement of the development, details of the design and layout of the proposed changing rooms shall be submitted to and approved in writing by the Local Planning Authority in consultation with Sport England. The proposed changing rooms shall comply with Sport England's Technical Design Guidance Notes 'Pavilions and Clubhouses' and ‘Access for Disabled People'. The changing rooms shall be constructed in accordance with the approved design and layout details and completed prior to the first occupation of the residential development hereby approved.

 

          REASON: To ensure the development is fit for purpose, subject to high quality design standards and sustainable.

 

          Leisure _ Recreation Development Plan Document 2009 - LP2 & LP4

 

17     The development hereby permitted shall not be commenced until a scheme has been submitted to and approved in writing by the Local Planning Authority, for the provision of facilities that are as accessible and equivalent in terms of size, usefulness, attractiveness and quality as the existing facilities, and shall include a timetable for the provision of the new facilities. The new facilities will be provided in accordance with the approved scheme.

 

          REASON: To ensure the satisfactory quantity, quality and accessibility of compensatory provision which secures a continuity of use.

 

          Leisure _ Recreation Development Plan Document 2009 - LP2 & LP4.

 

18     The development hereby permitted shall not begin until a noise impact assessment and scheme for protecting the proposed dwellings and their curtilages from road traffic noise has been submitted and approved by the Local Planning Authority.  Any works which form part of the scheme approved by the Local Planning Authority shall be completed before any permitted dwelling is first occupied, unless an alternative period is agreed in writing by the Local Planning Authority.

 

          REASON:  In order to safeguard the amenities of the area in which the development is located.

 

          POLICY:   West Wiltshire District Plan - 1st Alteration 2004 - Policies C38 and PPG24.

 

19     Details of lighting to the site North of Dunch Lane (including measures to minimise sky glow, glare and light trespass) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The scheme shall only be carried out in accordance with the approved details.

 

          REASON:  In the interests of pollution prevention.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C35

 

20     Building and construction work on the development hereby permitted shall not take place outside 07.00 hours to 18.00 hours, Monday to Friday, and 08.00 hours to 13.00 hours on Saturday, and at no time on Sundays and Bank Holidays unless the Local Planning Authority gives written approval to any variation.

 

          REASON: To protect the amenity of the occupiers of nearby dwellings.

 

          POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy C38.

 

21     No materials shall be burnt on site at any time on any phase of the development during the building and construction works.

 

          REASON:  In order to minimise nuisance.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration - Policy C38.

 

22     Any facilities for the storage of oils, fuels or chemicals during the construction phase shall be sited on impervious bases and surrounded by impervious bund walls.  The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%.  If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%; or 25% of the total volume which could be stored at any one time, whichever is the greater. All filling points, vents, gauges and sight glasses must be located within the bund.  The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.  Associated pipework should be located above ground where possible, and protected from accidental damage.  All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.  Full details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  The scheme shall only be carried out in accordance with the approved details.

 

          REASON:  To minimise the risk of pollution of the water environment.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration - Policy U4.

 

23     Prior to the commencement of the development hereby permitted, a scheme of conservation and enhancement of all wildlife habitats, including biodiversity enhancing features and provision for enhancement of the South Brook and control of Himalayan Balsam, together with a programme of implementation and an ecological management plan for the whole site, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in accordance with the approved programme.

 

          REASON:  In order to protect wildlife habitats and enhance the long-term biodiversity value of the site as a whole.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration - Policy C1

 

24     Prior to the commencement of the development hereby permitted, an ecological survey, investigating and recording details of all protected species, in particular bats and great crested newts, and their habitats, likely to be affected by the development, and measures to mitigate the effect of the development on them, shall be submitted to and approved by the Local Planning Authority.  Development shall then only be carried out in accordance with the approved details.

 

          REASON:  In the interests of natural species which have statutory protection.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration - Policy C7.

 

25     There shall be no new buildings, or other structures (including gates, walls and fences) or raised ground levels within the floodplain area (Flood Zones 2 and/or 3), inside or along the boundary of the site, unless agreed otherwise in writing by the Local Planning Authority.  Any building or structure to the north of Dunch Lane shall have a finished floor level no lower than 600mm above the 1 in 100 year flood level including 20% for climate change.

 

          REASON: To maintain flood storage capacity and allow for flood flow routes, ensuring that flood risk is not increased in the vicinity.

 

          POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy H1.

 

26     No development shall commence on site until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include oil interception for drainage from parking areas and hardstandings, shall utilise Sustainable Drainage Principles and shall not result in an increase in the rate &/or volume of surface water discharge to the local land drainage system. The drainage works shall be completed in accordance with the details and timetable agreed.

 

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

 

          POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policies H1 and U2.

 

27     No development shall commence on site until a scheme for the provision and implementation of foul drainage works has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented strictly in accordance with the approved details prior to the first occupation of each agreed phase of the development.

 

          REASON:  To prevent pollution of the water environment.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policies H1 and U2.

 

28     No development shall commence on site 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

 

          POLICY: West Wiltshire District Plan - 1st Alteration 2004 - Policy U2.

 

29     No development shall commence on site until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details prior to the occupation of each agreed phase of the development.

 

          REASON:  In the interests of sustainable development and prudent use of natural resources.

 

          POLICY:  West Wiltshire District Plan - 1st Alteration 2004 - Policy C34A.

 

30     The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans:

 

          Site Plan                                             - Drawing No W.0196 10 1

          Illustrative Masterplan         - Drawing No W.0196 05 1A

          Illustrative Masterplan         - Drawing No W.0196 05 1B

 

 

          Reason: To ensure that the development is carried out in accordance with the approved plans that has been judged to be acceptable by the local planning authority.

 

   

Supporting documents: