Agenda item

The following spoke in support of the application:

 

·         Greg Mitchell - Agent

 

 

The Committee received a presentation by the Northern Area Development Control Team leader which set out the main issues in respect of the application. He introduced the report and explained that the outline application was for up to 84 dwellings and economic development including a nursing home, hotel and B1 offices.  Demolition of existing buildings and structures, car parking, open space with associated infrastructure and access.  The officers report recommended that planning permission be granted, subject to a Section 106 agreement being secured and conditions.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received presentations from those objecting and those supporting the application as detailed above, expressing their views regarding the planning application.

 

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

 

Members also heard the views of Councillor MacRae, as local Member who supported the application.  The Committee in supporting the application express concerns about Section 106 agreements and the length of time it took for some applicants to sign the agreement.  There were also concerns about the ability of traffic to enter and exit the site and for pedestrians to cross the busy A-road.

 

Resolved:

To APPROVE planning permission

Subject to the agreement being reached over the required amount of land to the given over to extra care accommodation; and

 

Subject to all parties entering into an agreement under s106 of The Act (as amended) in relation to the following matters:

 

·         The delivery of affordable housing

·         The delivery of extra care accommodation

·         The delivery of on-site play and public open space

·         The delivery of a contribution towards local education provision

·         The delivery of a contribution towards local leisure provision

·         The phasing of development

·         The provision of bus stops and diversion of bus services to serve site

 

Then:

 

Planning Permission be GRANTED for the following reason:

 

The proposed development is considered to be an acceptable redevelopment of a redundant Ministry of Defence establishment in the countryside for mixed use purposes.  Subject to the imposition of relevant and necessary planning conditions and associated agreement under s106 of The Act (as amended), the development would not have an unacceptable impact upon the amenities of local residents, would provide a safe vehicular access, pose an acceptable impact upon the surrounding highway network and would deliver necessary community infrastructure so to ensure a sustainable form of development in the context of the local settlements.  As such, the proposal is considered to comply with the provisions of the National Planning Policy Framework, Policies C3, NE15 and CF3 of the adopted North Wiltshire Local Plan 2012 as well as the principles behind Policy NE20 of the adopted North Wiltshire Local Plan 2011 and Core Policy 37 of the emerging Wiltshire Core Strategy.

 

 

Subject to the following conditions:

 

1.    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.

 

2.    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 the development;

(b)   The layout of the development;

(c)   The external appearance of the development;

(d)   The landscaping of the site;

The development shall 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 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

 

3.    The development hereby permitted shall be implemented in accordance with the submitted plans and documents listed below. No variation from the approved plans should be made without the prior approval of the local planning authority. Amendments may require the submission of a further application.

 

 

Site location plan

Design and Access Statement - Pegasus Urban Design – March 2012

Planning Statement – March 2012

Statement of Community Involvement – March 2012

Flood Risk Assessment – RSK – March 2012

Utilities and Drainage Report – RSK – March 2012

Archaeological Assessment – Heritage Collective – March 2012

Transport Assessment and Travel Plan inc. Site Access plan 3032/sk/001/B – WSB – March 2012

Mining Stability Assessment – Parsons Brinkerhoff – March 2012

Explosive Ordnance Risk Assessment – Environment Science Group – March 2010

Ecological Appraisal – RSK - March 2012

Landscape and Visual Impact Assessment – Pegasus Landscape – March 2012

Noise Assessment – RSK - March 2012

Ground Conditions Report – SKM – September 2012

Sustainability and Low Carbon Energy Strategy – Sweett – March 2012

Air Quality Statement – RSK – March 2012

Indicative Open Space Plan – YOR.1891_35-2 I (date stamped 17^th August 2012)

Indicative Cross Section of Interface with Concrete Structures – YOR.1891_38 I (date stamped 17^th August 2012)

Indicative Masterplan – YOR1891_02-TG I (date stamped 09/10/12)

 

All date stamped 27^th March 2012 unless otherwise indicated.

 

REASON: To ensure that the development is implemented as approved.

 

4.    Development shall be carried out in complete accordance with the principles set out within the submitted Landscape and Visual Impact Assessment and those landscaping details approved at Reserved Matters stage. The resulting implemented landscaping shall be maintained thereafter for a period of not less than five years from the implementation of each phase. This maintenance shall include the replacement of any tree or shrub which is removed, destroyed or dies by a tree or shrub of the same size and species as that which it replaces, unless otherwise agreed in writing by the local planning authority.
 
REASON: In the interests of amenity.
 

5.    Prior to the commencement of the development hereby permitted and before any equipment, machinery or materials are brought onto the site for the purposes of the development, details of fencing to be erected for the protection of retained trees/hedges/shrubs shall be submitted to and approved in writing by the local planning authority. Fencing for the protection of retained trees/hedges/shrubs shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority.
 
REASON: In the interests of protecting the existing trees/hedges/shrubs on the site.
 

6.    No development shall take place until a detailed scheme for the positioning of all service trenches, pipe runs and/or drains has been submitted to and approved in writing by the Local Planning Authority.  Such detailed scheme shall be configured such that no trenches, pipe runs and/or drains are sited within the root protection zone of retained trees set out in the approved landscape strategy and plans.
 
REASON: To maintain a vigorous and healthy root system to ensure the retention of trees in a safe and healthy condition.
 

7.    No development shall take place until details of the construction of all walls, fences and other means of enclosure have been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in accordance with a timescale to be approved by the local planning authority.
 
REASON: In the interests of amenity.
  

8.    Absolutely no external lighting (including any lighting installed for security purposes or used during construction) shall be installed anywhere on the site until full details (which shall include positioning, levels of luminance and hours of illumination), have been submitted to and approved in writing by the local planning authority. The lighting shall thereafter be installed and operated in accordance with the approved details, unless otherwise first agreed in writing by the local planning authority in the form of a separate planning permission in that regard.
 
REASON: In the interests of amenity and nature conservation.
    

9.    No development shall take place until a construction method statement, which shall include measures to minimise disruption to the highway network and impacts upon the amenities of neighbouring residents, has been submitted to and approved by the Local Planning Authority. The development shall be carried out in complete accordance with the approved statement.
 
REASON: In the interests of securing a construction phase of development that minimises disruption to the highway network and impacts upon the amenities of neighbouring residents
 

10. Development shall be carried out in complete accordance with the conclusions and recommendations contained within the Noise Assessment.  In particular, all new plant and services installed on any new building on the site shall achieve -5 dB below themeasured background level when assessed (worst-case) in accordance with BS4142.  During daytime (0700-2300hrs), all new building services plant shall be so sited and designed in order to achieve a Rating Level of -5dB below the lowest measured background noise level, determined to be LA9046dB at the nearest noise sensitive receptor.  During night time(2300-0700hrs), all new building services plant shall be so sited and designed in order to achieve a Rating Level of -5dB below thelowest measured background noise level, determined to be LA9028dB at the nearest noise sensitive receptor.  Measurements and assessment shall be carried out in accordance with BS4142: 1997. 

 

REASON:  In the interests of securing a development that respects the amenity of the nearest neighbouring residential occupiers.

 

11.Development shall be carried out in complete accordance with the conclusions and recommendations contained within the Noise Assessment.  In particular, the new residential properties shall be constructed so as to achieve the "Good" indoor criteria for internal noise levels both day time and night time (BS 5228 1999). The applicant has identified that properties located in areas within NEC C will require both acoustic glazing and ventilation systems to avoid the need to open the windows. The applicant will have to provide additional information detailing the exact specification for the glazing and ventilation schemes at the design stage to achieve this. 

 

REASON:  So as to ensure the new residential properties to be constructed in close proximity to the A4 corridor are of a suitable standard so as to provide for a reasonable level of residential amenity and living conditions.

 

12. No developmentshallcommenceuntil a foul and surfacewaterdrainageschemefor the site,based onsustainabledrainageprinciplesand an assessment of thehydrologicaland hydrogeologicalcontext ofthe development,has been submitted to and approved inwriting by the localplanningauthority.No infiltration ofsurfacewater drainageinto theground ispermitted other thanwith the expresswritten consentof the localplanning authority,which maybe given for thosepartsof thesitewhere it hasbeen demonstrated that thereisno resultant unacceptableriskto controlledwaters.The schemeshallincludedetails ofhowthe schemeshallbe maintained and managedafter completion. The scheme shall subsequentlybe implemented in accordancewiththe approved detailsbeforethe developmentis completed.

 

REASON: To preventthe increased riskof flooding, to improveand protectwater quality,improvehabitat and amenity, and ensurefuturemaintenanceof the surfacewaterdrainagesystem.

 

13. No developmentapproved by this planning permission (or such otherdate or stage indevelopmentasmaybe agreed inwritingwith theLocal PlanningAuthority), shalltakeplaceuntil a schemethat includesthe following components todealwith therisksassociatedwith contamination ofthe site shall each be submitted toand approved, in writing, by the localplanning authority:

 

(a)   Apreliminaryriskassessmentwhich has identified:allprevioususes potential contaminants associatedwith thoseuses a conceptualmodel of the siteindicating sources,pathways and receptors potentiallyunacceptablerisksarising from contamination at the site.

 

(b)   Asiteinvestigation scheme,based on (1) to provide information for adetailed assessmentof theriskto allreceptorsthat maybe affected,including thoseoff site.

 

(c)   The resultsof thesiteinvestigation and detailedriskassessmentreferred toin (b) and, based on these,an options appraisaland remediation strategygiving full detailsof theremediation measuresrequired and howthey areto be undertaken.

 

(d)  A verification planproviding detailsof thedata thatwillbe collectedin order to demonstrate that theworksset outin the remediationstrategyin (c) are complete and identifying anyrequirementsfor longer-term monitoring ofpollutantlinkages, maintenance and arrangementsfor contingencyaction.  Anychangesto these components requirethe expresswrittenconsentof the localplanning authority.The scheme shallbe implemented as approved.

 

REASON: To preventpollution of controlledwaters.

 

14. Piling oranyother foundationdesignsusing penetrativemethods shallnot bepermitted other thanwith the prior andexpresswritten consentof theLocal PlanningAuthority, which maybe given for thosepartsof thesitewhere it has been demonstrated that there isno resultant unacceptableriskto groundwater. Thedevelopmentshallbe carried outin accordancewith the approved details.

 

REASON: To preventpollution ofcontrolledwaters.

 

15. If, during development, contamination notpreviouslyidentified is found to bepresent at the sitethen no furtherdevelopment(unlessotherwise agreed inwritingwith the localplanningauthority) shallbe carried outuntil the developer has submitted aremediation strategyto the localplanning authority detailing howthisunsuspectedcontamination shallbedealtwith and obtainedwritten approvalfrom thelocalplanningauthority.The remediation strategy shall be implemented as approved.

 

REASON: To preventpollution ofcontrolledwaters.

 

16.No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees shall be submitted to, and approved in writing by, the Local Planning Authority.  All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following: -

 

• A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2012 and a plan indicating the alignment of the protective fencing;
• A specification for scaffolding and ground protection within tree protection zones in accordance with BS5837:2012
• A schedule of tree works conforming to BS3998.
• Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;
• Plans and particulars showing the siting of the service and piping infrastructure;
• A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification; 
• Details of all earthworks shall be submitted and include the proposed grading and mounding of land areas including levels and contours to be formed, and the nature of the material, showing the relationship of proposed moulding to existing vegetation and surrounding landform;
• Details of the works requiring arboricultural supervision to be carried out by the developer’s arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and
• Details of all other activities, which have implications for trees on or adjacent to the site.

 

REASON:  In order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

 

17.No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

(a)       indications of all existing trees and hedgerows on the land;

(b)       details of any to be retained, together with measures for their protection in the course of development;

(c)        all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d)       finished levels and contours;

(e)       means of enclosure;

(f)        car park layouts;

(g)       other vehicle and pedestrian access and circulation areas;

(h)       hard surfacing materials;

(i)         minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j)         proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

(k)        retained historic landscape features and proposed restoration, where relevant.

(j)         details for the intended treatment of all boundaries of the site

 

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

 

18.No development shall take place until a detailed scheme for the treatment of the retained concrete air shaft structures on the site shall have been submitted to and agreed in writing by the Local Planning Authority.  The scheme shall include proposed measures for future security of the structures and their surrounds and measures to aid their visual integration into the developed site, once complete.  The scheme shall also include a timetable for the completion of such works required by this planning condition.  Development shall be completed in accordance with the details and scheme so agreed as part of this planning condition.

 

REASON: So as to ensure the suitable treatment, safety and aesthetic integration of the retained concrete air shaft structures.

 

19.No development shall take place on the site, other than site clearance and demolition, until full details of all site access arrangements (including all accesses to the frontage of the site from the A4) have been completed in accordance with details, which shall have been submitted to, and approved in writing by, the Local Planning Authority beforehand.

 

REASON:  In the interests of highway safety

 

20.No development shall take place on the site until full details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

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

 

21.Development shall be carried out in complete accordance with the conclusions and recommendations set out within the submitted Ecological Assessment Report (RSK, 2012).

 

REASON:  For the avoidance of doubt and to ensure development does not pose an unacceptable impact upon ecological interests.

 

Informative:
 
Attention is drawn to the Legal Agreement relating to this development or land which has been made pursuant to Section 106 of the Town and Country Planning Act 1990, Section 111 of the Local Government Act 1972, Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 or other enabling powers and the Deed of Variation dated 21/06/2011.

 

Note

1.    That officers discuss the issues raised at the meeting in relation to pedestrians crossing the A-road outside the site and methods of reducing traffic speeds approaching the site so that vehicles could enter and exit the site safely

2.    That time limits for completing the Section 106 agreement be included in agreement