Agenda item

N.13.00308.OUT - Land at Showell Farm, Patterdown Road, Chippenham

A report by the case officer is attached.

Minutes:

Public Participation:

 

•      Tony Peacock, Co-ordinator of the Showell Protection Group, spoke in objection to the application

•      Jane Browning, Corsham Civic Society, spoke in objection to the application

•      Anne Lock, , spoke in objection to the application

•      Owen Inskip, Chippenham 20/20 and CSJ Planning, spoke in objection to the application

•      Des Dunlop, D2 Planning Ltd, applicant, spoke in support of the application

•      Marilyn McKay, ECOS, spoke in support of the application 

•      AnnabellCessford, Lacock Parish Council, spoke in objection to the application

 

The Planning Officer introduced the report which recommended that planning permission be Delegated to Officers to allow the signing of an appropriately worded S106 agreement.  She explained that the planning application was for an outline application for Employment Development Comprising 50,000sqm, Incorporating Class B1(b), Class B1 (c), B2 with Ancillary B1 (a), B8 and Ancillary B1 (a) Uses Including Means of Access, Car Parking, Servicing, Associated Landscaping and Works. 

 

Members of the Committee were informed that the site was allocated via policy CP10 as part of the South West of Chippenham Strategic site and was the employment element of that scheme; That the Core Strategy was at an advanced stage (going through the Examination in Public) which carried significant weight.

 

It was noted that the only outstanding issue was the potential conflict of the new roundabout onto the A350 with Core policy 62, and Highways stance that new roundabouts should not be permitted onto the primary network route unless an overriding need could be demonstrated.  In this case officers considered that the benefit of providing quality employment on an allocated site outweighed the potential to cause a traffic slowing in the locality and that the positives of economic development should be cited as the “overriding need”.

 

Members then raised a number of technical issues in relation to access to the site from Patterdown Road; the necessity of a further roundabout on the A350 and that any decision taken prior to the publication of the Inspectors report on the Core Strategy was premature.

 

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

 

The local member, Councillor Dick Tonge, then spoke in objection to the application. He felt that as the Core Strategy was at an advanced level and there was only a short time until the Inspector published his report, that the application should be deferred until that time.  Councillor Tonge also explained his concerns about highway issues and the effect of the application on traffic flows on the A350.

 

The Committee then considered the application and debated a number of issues.  Some members supported the view of the local member in that the application was premature and should be deferred until the Inspectors report was made available.  There were also concerns about highways issues.  However, there were a number of members who felt that sufficient safeguards were in place to make a decision on the application.

 

The Committee received advice from the Councils legal officer who explained that officers, in giving evidence at the public examination of the Core Strategy, informed the Inspector that in relation to this site that any highway issues could be overcome and that the Council would be working with the developer to find a solution to these.  It was noted that it would be difficult to defend the reasons for deferral at an appeal and there was a potential for costs to be awarded against the Council.

 

Resolved:

That the grant of planning permission be delegated to officers to allow the consultation period of the Departure Notice to expire, to await the submission of the agreed revised parameters plan and draw up a suitably worded S106 agreement to deal with highways matters and 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

No works for the construction of the roundabout onto the A350 hereby permitted or any part thereof shall commence until a valid construction contract has been entered into under which one of the parties is obliged to carry out and itself complete the works of development of any of plots 100, 200 or 300, the site for which planning permission consent has been granted under application reference 13/00308/OUT and any subsequent reserved matters application or such other amendment approved by the Local Planning Authority; and; evidence of the construction contract has first been submitted to and approved by the Local Planning Authority.

 

REASON: In the interests of the highway function and economic growth.

 

 

4

No development shall commence within the 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.

 

 

5

No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been undertaken and until:

 

a)     The Local Planning Authority has been provided with written confirmation that, in the opinion of the developer, the site is likely to be free from contamination which may pose a risk to people, controlled waters or the environment. Details of how this conclusion was reached shall be included.

b)    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.

c)     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.

 

 

6

Prior to the commencement of the development hereby permitted a full lighting scheme for the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved scheme.

 

Reason: In the interests of the visual amenity of the countryside and local residents.

 

7

All fixed plant and machinery shall be so sited and designed in order to achieve a rating level of -5dB below the lowest measured background noise level, determined at each of the nearest noise sensitive receptors i.e. Holywell Guest House, Showell Cottages and Showell Farm.

 

Reason: To protect residential amenity.

 

8

The parking provision for all individual units on the site shall be in accordance with the requirements of the Wiltshire local Transport plan (LTP3) Car Parking Stategy, with quantum of parking not below the minimum standard for the appropriate planning use class, and ares of parking used for no other purpose.

 

Reason: To ensure that adequate provision is made for car parking within the site in the interests of highway safety.

 

9

No development shall commence on site until details of the stopping up of all existing accesses, both pedestrian and vehicular, have been submitted to and approved in writing by the Local Planning Authority. That stopping up shall take place in accordance with the approved details within one month of the first use of the approved access. No later than one month after the first occupation of the development, the sole means of vehicular and pedestrian access to the development shall be as shown on the plans hereby approved.

 

REASON: In the interests of highway safety.

 

 

10

No development shall commence on site until 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 the provision of such works, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until these details have been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

Reason: In the interests of highway safety and convenience.

 

11

No development shall commence on site until details of the provision for the loading, unloading and parking of goods vehicles within the site have been submitted to and approved in writing by the Local Planning Authority. No part of the development hereby approved shall be first brought into use until provision has been made. this space shall be maintained for such purpose at all times thereafter.

 

Reason: To ensure adequate provision is made for loading/unloading and lorry/van parking within the site in the interests of highway safety.

 

12

The buildings hereby permitted shall not be greater in height than the following parameters: Plot 300 8.5m; plot 400 10m and plots 100 & 200 12m as indicated on drawing DR-411-102 Rev 03.

 

Reason: To protect the setting of the nearby listed buildings and the open character of the surrounding landscape.

 

13

Prior to the first occupation of any of the development hereby permitted, the cycle/path along Patterdown Road as indicated on the approved plans, shall be provided in accordance with details to have first been submitted to and approved in writing by the local planning authority, unless and until the cycleway/footway linking to the town centre,  through the remainder of the South West of Chippenham Strategic Allocation in the Wiltshire Core Strategy, is provided.

 

reason: To ensure that sustainable routes to the town centre are provided.

 

14

Prior to submission of a reserved matters application for the site, an Ecological Monitoring and Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved Ecological Monitoring and Management Plan shall include the following elements:

·         A framework demonstrating how and where the ‘Ecological Management and Enhancement Measures’, as set out in Table 4-1 of the submitted ‘Ecological Summary Report’ (Ref. eg12459TP), shall be implemented across the site

·         A scheme for the translocation of the existing species-rich hedgerow (where this cannot be retained) to landscaped areas within the site

·         A programme for monitoring the ecological effects of the development

 

The approved Ecological Monitoring and Management Plan shall set a framework for all reserved matters applications, which shall only be permitted where in accordance with the approved Ecological Monitoring and Management Plan, and will include timescales for implementing the approved measures.  The site shall be managed in accordance with the approved Ecological Monitoring and Management Plan in perpetuity unless agreed in writing by the Local Planning Authority, and monitoring reports shall be submitted to the Local Planning Authority in accordance with the monitoring programme therein.

 

Reason: To maintain and enhance biodiversity and protected species in accordance with NE10, NE11, NE14 and Circular 06/2005

 

 

15

Any reserved matter application shall be supported by a lighting plan for that phase of development (including a lux plot).  Any approved lighting plan shall demonstrate that light spill will be minimised through sensitive lighting design and timers, and that light levels shall be maintained at current lux levels or below 1 lux in the following parts of the site, as identified in the Ecological Monitoring and Management Plan or through any subsequent ecological survey reports:

·         Confirmed bat roosts / flight lines / foraging areas;

·         Bat boxes; and

·         Darkened corridors to be maintained through the site.

Lighting levels shall be maintained across the site in accordance with the approved lighting plan(s), unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: Circular 06/2005 and the Habitats Regulations (2010)

 

 

16.           No development approved by this permission shall be occupied or brought into use until a scheme for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be completed and maintained in accordance with the details and timetable agreed.

 

Reason: To ensure adequate adoption and maintenance and therefore better working and longer lifetime of surface water drainage schemes.

 

17.    Prior to any reserved matters approval, details of a surface water drainage masterplan shall be submitted to and approved in writing by the Local Planning Authority . The masterplan shall be in accordance with the Flood Risk Assessment (prepared by Peter Brett Associates LLP doc Ref:- 20399/21/01 RevC and include details of the phasing of surface water drainage infrastructure including source control measures. The development shall be implemented in accordance with the approved scheme.

 

Reason: To prevent the increased risk of flooding as a result of development in accordance with the NPPF.

 

 

18.    No development shall take place on land to which reserved matters relate until the detailed drainage design for each plot, phase or parcel of land, incorporating sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the plot or parcel is first occupied.

 

Reason: To prevent increased risk of flooding as a result of the development in accordance with NPPF.

 

Informative :

There must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all the drainage systems continue to operate effectively.

 

Supporting documents: