Agenda item

W/12/02298/FUL - Land South West of Christie Miller Sports Centre, Lancaster Road, Bowerhill, Melksham

Meeting of Strategic Planning Committee, Wednesday 13 March 2013 10.30 am (Item 12.)

A report by the case officer is attached.

Minutes:

The following spoke in support of the application:

Graham Dean – Herman Miller Ltd – the applicant

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application. She introduced the report which recommended that planning permission be granted, subject to conditions and a Unilateral Undertaking.

Members of the Committee were informed that when looking at the application it was important to note the economic stimulus the development would bring to the local area, the safeguarding of a high number of jobs in a sustainable location and the retention of one of Wiltshire’s strategically significant businesses within the county. The development would provide future employment opportunities, temporary construction jobs and the completion of a link road which would improve access to the industrial estate and could facilitate further regeneration and improvements. The proposal would also ensure that the local community of Melksham Without would have an upgraded sports pavilion that was in line with Sport England and the FA requirements.

The Case Officer responded to a number of points raised in a letter received from Melksham Without Parish Council commenting on the application, which was circulated at the meeting. The case Officer also provided full details of the commuted sum calculations with which the Committee agreed.

Members then raised a number of technical issues in relation to the application and heard from the public who had an opportunity to address the Committee with their views, as detailed above.

The Committee then considered the application and debated a number of issues, in particular about parking, the pavilion and roofing materials being used for the pavilion, employment opportunities.

Resolved:

That Planning Permission to grant be deferred and delegated to the Service Director, Development Services, subject to the signing of a Unilateral Undertaking for the following reasons:

The decision to grant planning permission has been taken on the grounds that the proposed development would not cause any significant harm to interests of acknowledged importance and having regard to the National Planning Policy Framework and the following policies and proposals in the West Wiltshire District Plan 1st Alteration 2004 namely Saved Policies C31a, C32, C34a, C35, C38, C40, R2, R11, E1B, E2, T4E of the West Wiltshire District Plan 1st Alteration 2004, Policy LP2 of the West Wiltshire Leisure and Recreation DPD, Policies W1 and WCS6 of the Wiltshire and Swindon Waste Core Strategy (adopted July 2009), the Wiltshire Local Transport Plan 2011-2026: Car Parking Strategy, Circular 06/05 and the National Planning Policy Framework.

In accordance with paragraph 187 of the National Planning Policy Framework, Wiltshire Council has worked proactively to secure this development to improve the economic, social, transport, ecology and environmental conditions of the area.

Subject to the following condition(s):

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 drawing numbers received on 13th December 2012:

NTE2064/HD/SK005: P2, P5

1044119-D- 004C

PC-L: 100, 101, 102, 103, 104, 105, 106, 109, 110, 111, 130, 131, 132, 133, 140, 141, 142, 160, 162, 163, 164, 165, 167

01A, 02

And the following drawing numbers received on 19th February 2013:

03F, 04D, 05E

PC-L-: 107B, 108A, 112A, 113B, 135A

Reason: For the avoidance of doubt and in the interests of proper planning

3 Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that Order with or without modification) the manufacturing site identified as Development Zone C on Drawing Number PL-C-113 B received on 19th February 2013 shall not be used other than for purposes falling in Use Class B of the schedule to that Order, without the prior written approval of the Local Planning Authority.

Reason: The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case having regard to Saved Policy E1B and E2 of the West Wiltshire District Plan 1st Alteration 2004

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the Sports Pavilion identified as Development Zone C on Drawing Number PL-C-113 B received on 19th February 2013 shall be used solely as a Sports Pavilion in accordance with the uses shown on Drawing Number PC-L-107 B received on 19th February 2013 and for no other use.

Reason: The sports pavilion is a community building that should not be lost to other uses having regard to Policy LP2 of the West Wiltshire Leisure and Recreation DPD and Saved Policy R2 of the West Wiltshire District Plan 1st Alteration 2004.

5 Notwithstanding the submitted information, no works shall commence on the link road identified as Development Zone B1 and B2 on Drawing Number PC-L-113 B received on 19th February 2013 until details such as horizontal and vertical alignment, road construction materials, road drainage (including that of roadside verges), aids to traffic movement (including the provision of local and advance direction signs on existing roads), street lighting safety audit procedures, protection of existing underground services, tie-ins to existing highway and removal of temporary barriers has been submitted to and approved in writing by the Local Planning Authority. The link road shall then be completed in accordance with the approved details.

Reason: In the interest of highway safety and to ensure the use of the link road having regard to advice contained in the NPPF

6 The manufacturing building identified as Development Zone C shall not be occupied until the link road identified as Development Zone B1 on Drawing Number PC-L-113 B received on 19th February 2013 has been completed in accordance with Drawing Number NTE/2064/HD/SK002 P7 received on 7th February 2013, Drawing Number PC-L-109 and Appendix 2 of the Great Crested Newt and Reptile Mitigation Strategy also received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of highway safety and the protection of reptiles, amphibians and small mammals having regard to guidance in the NPPF and Circular 06/05 Biodiversity and Geological Conservation.

7 Within 6 months of the occupation of the manufacturing building identified as Development Zone C, the link road identified as Development Zone B1 and B2 all shown on Drawing Number PC-L-113 B received on 19th February 2013 shall be completed in accordance with Drawing Number NTE/2064/HD/SK002 P7 received on 7th February 2013, Drawing Number PC-L-109, Appendix 2 of the Great Crested Newt and Reptile Mitigation Strategy all received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of highway safety having regard to advice contained in the NPPF

8 The manufacturing building identified as Development Zone C shown on Drawing Number PC-L-113 B received on 19th February 2013 shall not be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation, targets, monitoring and sanctions. The development shall then be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

Reason: In the interest of highway safety and reducing vehicular traffic having regard to guidance found in the NPPF.

9 Notwithstanding the submitted information the sports pavilion identified as Development Zone A on Drawing Number PC-L-113 B received on 19th February 2013 shall not be occupied until details of the improvements to the access from Westinghouse Way have been submitted to and approved in writing by the Local Planning Authority. The access shall then be carried out in accordance with the approved details and shall be made available for use prior to the occupation of the proposed sports pavilion.

Reason: In the interest of highway safety having regard to guidance in the NPPF.

10 Prior to the occupation of any buildings identified in Development Zone C on Drawing Number PC-L-113 B received on 19th February 2013, the access, turning and parking areas including the cycle park shall be completed in accordance with Drawing Number PC-L-103 received on 13th December 2012 and Drawing Number NTE/2064/HD/SK002 P7 received on 7th February 2013 unless otherwise agreed in writing by the Local Planning Authority. These areas shall be maintained for those purposes only at all times thereafter.

Reason: In the interest of highway safety having regard to the Wiltshire Local Transport Plan 2011-2026: Car Parking Strategy and advice contained in the NPPF.

11 The sports pavilion identified as Development Zone A including the car, cycle parking and the basket ball court all shown on Drawing Number PC-L-112 A received on 19th February 2013 shall be completed including the internal fixtures and fittings as shown on Drawing Number PC-L-107 B received on 19th February 2013 and shall be made available for use prior to the demolition of the existing pavilion.

Reason: To ensure that access is available at all times to changing facilities in association with the adjacent playing fields having regard to Saved Policy R2 of the West Wiltshire District Plan 1st Alteration 2004

12 The development hereby approved shall be carried out in accordance with the Construction Environmental Management Plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenity of nearby uses during the construction phase having regard to Saved Policy C38 of the West Wiltshire District Plan 1st Alteration 2004

13 The development hereby approved shall be carried out in strict accordance with the Ecological Surveys, Extended Phase 1 Survey, Great Crested Newt and Reptile Mitigation Strategy and Appendix F - Guidance for relating ecologists report to BREEAM received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority. On completion of the development, the site will be maintained strictly in accordance with the Management Strategy December 2012 by Fpcr as contained in Appendix 4 of the Great Crested Newt and Reptile Mitigation Strategy also received by the Local Planning Authority on 13th December 2012.

Reason: To ensure that protected species are not harmed during the construction period and to safeguard their future having regard to advice contained in the NPPF and Circular 06/05 Biodiversity and Geological Conservation

14 The manufacturing building identified as Development Zone C on Drawing Number PC-L-113 B received on 19th February 2013 shall be carried out in accordance with the Phase 1 Geo-Environmental Assessment Report unless otherwise agreed in writing by the Local Planning Authority.

a) If, during development, any evidence of historic contamination or likely contamination is found, the developer shall cease work immediately and contact the Local Planning Authority to identify what additional site investigation may be necessary.

b) In the event of unexpected contamination being identified, all development on the site shall cease until such time as an investigation has been carried out and a written report submitted to and approved by the Local Planning Authority, any remedial works recommended in that report have been undertaken and written confirmation has been provided to the Local Planning Authority that such works have been carried out. Construction shall not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out.

REASON: To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority having regard to Saved Policy C37 of the West Wiltshire District Plan 1st Alteration 2004

15 No development shall commence on site until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, in accordance with the overarching conceptual drainage proposal detailed in the Flood Risk Assessment (BWB Consulting Limited, Rev. A, December 2012) and the Storm & Foul Water Management Plan (BWB Consulting Limited, Rev. A, December 2012), has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme will be maintained and managed after completion.

REASON: To prevent the increased risk of flooding, and ensure future maintenance of the surface water drainage system having regard to advice contained in the NPPF.

16 No development shall commence until a scheme of surface/foul water drainage, focussing on pollution prevention, is submitted to and approved by the local planning authority. The development shall then be carried out in accordance with the approved details.

REASON: To prevent the pollution of the water environment having regard to advice contained in the NPPF

17 All external lighting on the site identified as Development Zone C on Drawing Number PC-L-113 B received on 19th February 2013 shall be carried out in accordance with the Exterior Lighting Proposals Report received on 13th December 2012 and Drawing Number 12343/SK/E/03 P1 also received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: To reduce the impact of the scheme on the wider area having regard to Saved Policy C31a of the West Wiltshire District Plan 1st Alteration 2004.

18 The manufacturing building identified as Development Zone C on Drawing Number PC-L-113 B received on 19th February 2013 shall be operated in strict accordance with the Noise Assessment received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: To minimise the impact of the development upon the amenity of nearby uses having regard to Saved Policy C38 of the West Wiltshire District Plan 1st Alteration 2004

19 The materials to be used in the construction of the manufacturing building identified as Development Zone C on Drawing Number PC-L-113 B received on 19th February 2013 shall be as stated on page 45 and 46 of the Design and Access Statement also received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and the character and appearance of the area having regard to Saved Policy C31a of the West Wiltshire District Plan 1st Alteration 2004

20 The materials to be used in the construction of the sports pavilion identified as Development Zone A on drawing number PC-L-113 B received on 19th February 2013 shall be as stated on page 81 of the Design and Access Statement also received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and the character and appearance of the area having regard to Saved Policy C31a of the West Wiltshire District Plan 1st Alteration 2004

21 All hard and soft landscaping on the manufacturing site identified as Development Zone C on Drawing Number PC-L-113 B received on 19th February 2013 shall be carried out in accordance with the soft landscape works maintenance and management proposals report and associated Drawing Numbers 03F, 04D, 05E received on 19th February 2013, Landscape and Design Statement, Pre-Development Tree Survey, Page 55 of the Design and Access Statement and Drawing Numbers PC-L-110, PC-L_111, 01A, 03E, 04C and 05B all received on 13th December 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory landscaped setting for the development and to reduce the impact of the building on the wider landscape having regard to Saved Policy C32 and C40 of the West Wiltshire District Plan 1st Alteration 2004.

22 All hard and soft landscaping on the pavilion site as identified as Development Zone A on Drawing Number PC-L-113 B received on 19th February 2013 shall be carried out in accordance with Drawing Numbers PC-L-112 A also received on 19th February 2013 unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory landscaped setting for the development and to reduce the impact of the building on the wider landscape having regard to Saved Policy C32 of the West Wiltshire District Plan 1st Alteration 2004.

23 All soft landscaping required by condition 21 and 22 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 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 five years, 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. All hard landscaping required by condition 8 and 9 shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

Reason: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features having regard to Saved Policies C32 and C40 the West Wiltshire District Plan 1st Alteration 2004

24 No development shall commence on Development Zone C on Drawing Number PC-L-113 B received on 19th February 2013 until the trees on the northern boundary of Development Zone C have been enclosed by protective fencing, in accordance with British Standard 5837 (2005): Trees in Relation to Construction and in accordance with Drawing Number 02 received on 13th December 2012, unless otherwise agreed in writing by the Local Planning Authority. After the fence(s) have been erected, they shall be maintained for the duration of the works and no vehicle, plant, temporary building or materials, including raising and or, lowering of ground levels, shall be allowed within the protected areas(s).

Reason: To enable the Local Planning Authority to ensure the protection of trees on the site in the interests of visual amenity having regard to Saved Policy C32 of the West Wiltshire District Plan 1st Alteration 2004

25 Prior to the commencement of development of the manufacturing building identified as Development Zone C on drawing number PC-L-113 B received on 19th February 2013 a waste audit regarding the construction of the site (part a to g of Policy WCS6 of the Waste Core Strategy) shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be used in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.