Agenda item

Public Participation

Mr John Wilkinson, Chair of the Old Sarum Residents Association, spoke in support of the application.

Mr Matt Pallas, Vice-Chair of the Old Sarum Residents Association, spoke in support of the application

Mr Glen Godwin, agent, spoke in support of the application.

Mr Ron Champion, Laverstock and Ford Parish Council, spoke in objection to the application.

 

A report was presented which recommended that the application be delegated to the Area Development Manager to approve subject to the signing of a S.106 legal agreement as detailed further in the agenda. Key details also included the principle of additional dwellings on the site, links to surrounding development land, the impact upon residential amenity, highways and parking and other issues. It was noted that a strip of land on the site was planned to be offered to the local school as part of the development.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. It was confirmed 102 parking spaces were planned, and that the properties above the shops and proposed Doctor’s surgery would be two storeys.

 

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

 

The Local Member, Councillor Ian McLennan, then spoke in support of the application with appropriate conditions applied, despite continued concerns about residential overdevelopment at Old Sarum, in light of the need for further commercial development.

 

A debate followed, where the hours of operation of any businesses on the site were discussed, along with the appropriateness of the suggested parking provision. It was also noted that condition three of the recommendation ensured that should another use be desired for the proposed Doctor’s surgery, a fresh application would need to be submitted to that effect.

 

Members fully considered the representation from the applicant which formed part of the additional correspondence. After lengthy debate, Members decided to adjust condition 12, to increase the opening time to 7am but also to slightly reduce the suggested closure time to 10pm, in order to balance the needs of the commercial operation against the impact of the operation on residential amenity. Members also decided to alter suggested condition 13 to expand the hours of delivery to allow greater scope for the commercial operation, with a caveat that no deliveries occur between 3pm to 4pm due to school finishing time. Members also requested that the suggested heads of terms be adjusted to allow for the proposed educational land to be utilised as public open space if not required for educational purposes, and also requested that the additional affordable housing being offered by the applicant be made a firm commitment.

 

At the conclusion of debate, it was,

 

Resolved:

 

To delegate to the Area Development Manager to GRANT planning permission subject to all parties entering into a S106 legal agreement which seeks to secure:

 

i) Additional Educational facilities/contributions including secure use of the blue land as part of the adjacent school, or otherwise as public open space

ii) Provision of suitable additional waste and recycling provision/contributions

iii) Provision of additional open play space financial contributions

iv) Financial contribution towards stone curlew project

v) Additional Public open space facilities/contributions

vi) Additional public art financial contributions

vii) Additional transportation financial contributions/sustainable transport initiatives

viii) Additional Financial Contribution towards planned community centre

ix) Secure affordable housing provision, including 4 additional affordable housing units

x) Marketing of shop and provision/timing of shops/surgery

xi) The provision of an adopted path across the site and unfettered pedestrian and cycle access to and from Partridge Way

 

 

Subject to the following conditions:

 

1.    The development hereby permitted shall commence within one calendar year of the date of approval of this reserved matters application, unless otherwise agreed by the Local Planning Authority.

 

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, and in order to ensure that the local centre and associated facilities are delivered in a timely manner.

 

2.    This approval of matters reserved discharges condition 01, 02, 03, 06, 13, 18, 21 of outline planning permission S/2005/211 only in so far as it relates to the area of land edged in red to which this application relates, but does not by itself constitute a planning permission.

 

REASON - For the avoidance of doubt and to comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

3.    The ground floor uses hereby approved shall be restricted to Class A1 retail uses (within the three retail/shop units shown on the approved plan), and a Class D1 doctors surgery use, (within the doctors surgery unit shown on the approved plan), of the Town and Country Planning (Use Classes) Order, and no other uses within or outside the Use Classes, unless otherwise agreed by the Local Planning Authority as part of a formal change of use application in that regard.

 

REASON: In order to retain the proposed community uses to ensure the vitality and viability of the local centre and the wider community and the limit the harm caused to adjacent residential and general amenities from other uses.

 

4.    No development shall take place within the application site until 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 in writing by the Local Planning Authority. The approved programme of archaeological work shall be carried out in accordance with the approved details.

 

REASON: To safeguard the identification and recording of features of archaeological interest.

 

5.    No development shall commence on site until details and samples of the materials to be used for the external walls, roofs, and hardsurfacing 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.

 

6.    No development shall  commence until the existing trees adjacent to the site boundary with Partridge Way to the north east ( as shown on the approved plans) have been protected by means of a scheme submitted to and agreed in writing with the Local Planning Authority prior to works commencing. Development shall be carried out in accordance with the agreed scheme.

 

The Tree Protection Plan shall show the areas which are designated for the protection of trees, shrubs and hedges, hereafter referred to as the Root Protection Area (RPA). Unless otherwise agreed, the RPA will be fenced, in accordance with the British Standard Guide for Trees in Relation to Construction (BS.5837: 2012) and no access will be permitted for any development operation.

 

The Arboricultural Method Statement should specifically include details of how the hard surfacing within the RPA of any retained trees can be implemented, if necessary, without causing root damage.

 

The Arboricultural Method Statement shall include provision for the supervision and inspection of the tree protection measures. The fencing, or other protection which is part of the approved statement shall not be moved or removed, temporarily or otherwise, until all works, including external works have been completed and all equipment, machinery and surplus materials removed from the site, unless the prior approval of the Local Planning Authority has been given in writing.

 

REASON: To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, so as to ensure that the amenity value of the most important trees, shrubs and hedges growing within or adjacent to the site is adequately protected during the period of construction.

 

7.    All new planting and landscaping shown on the approved plans, shall be provided/planted out on site within 1 calendar year of the commencement of development, unless a scheme of timing of provision is otherwise agreed in writing with the Local Planning Authority.   

 

REASON: To ensure that planting and landscaping are carried out and in a timely manner so that the general visual appearance and amenities of the scheme are protected and enhanced.

 

8.    The pedestrian and cycle path across the site allowing access to Partridge Way shall be provided and made available for safe use concurrently with the development being completed, and prior to any of the approved units or residential units first coming into operation or being first occupied. The pathway shall remain available for public use in perpetuity until its formal adoption by the Local Authority.

 

REASON: In order to ensure that access from and to Partridge Way and the wider area is provided at an early stage, so as to enhance the connectivity of the wider community and to allow access to facilities and services.

 

9.    No dwellings shall be occupied until all car parking (and associated turning and access arrangements) shown on the approved plans has been be provided and made available for use. 

 

REASON: In order that sufficient parking is available for occupiers of the dwellings, visitors, and users of the planned local centre facilities.

 

10.No development shall take place until a scheme of acoustic insulation, to include details of acoustic glazing, ventilation, wall and roof construction has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the dwellings being first occupied and maintained at all times thereafter in accordance with the approved details.

 

REASON: To ensure that the impact of the development on surrounding amenity is reduced.

 

11.No (non residential) unit  shall be occupied until a scheme for the control of noise emanating from any externally mounted plant, equipment or ventilation systems has been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented before the development is first brought into use and shall be maintained at all times thereafter in accordance with the approved details.

 

REASON: To ensure that the impact of the development on surrounding amenity is reduced.

 

12.The retail units shall not be open to the public except between the hours of 7am and 10pm all week

 

REASON: To ensure that the impact of the development on surrounding amenity is balanced against the needs of the commercial operation

 

13.No deliveries shall be taken at or collections made from the development except between the hours of 06:30 to 20:00 hrs all week (04:00 hrs start for bulk items such as newspapers), except that there shall be no deliveries between 3pm to 4pm on weekdays (outside school holidays).

 

REASON: To ensure that the impact of the development on surrounding amenity is balanced against the needs of the commercial operation

 

14.The development shall be carried out in accordance with the following approved plans :

 

PL03 Rev J – Planning layout

PL04 Rev G – Materials layout

PL05 Rev E – Areas for adoption

PP-01 Rev D – Parking Plan

HT-AB02 Rev D – Elevations

HTAB02 REV D -Elevations

HTC02 REV C - Elevations

BIN-01 – Surgery store plan

 

REASON: For the avoidance of doubt

 

15.Before development commences, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority which secures protection of habitats and species during the construction period. The development shall be carried out in accordance with the agreed CEMP.

 

REASON: In order to protect habitats and species during the construction period so as to limit the impacts of the development

 

16.Before development commences, a scheme for water efficiency shall be submitted to and approved by the Local Planning Authority. The scheme should deliver water efficiency measures to a minimum standard equivalent to Level 3 in the Code for Sustainable Homes. Development shall be carried out in accordance with the agreed schemes.

 

REASON: In order to improve the sustainability of the scheme in line with Core Policy 19 of the South Wiltshire Core Strategy.

 

Informative

With regard to condition 4 above the work should be conducted by a professionally recognized archaeological contractor in accordance with a written scheme of investigation agreed by this office and there will be a financial implication for the applicant.

The applicant should ensure that they have thoroughly investigated ground conditions and levels of vibration on the development site and use appropriate construction methods and materials to ensure that the occupants of the houses concerned are not adversely affected by vibration and or/reradiated noise caused by Equinox prior to any of the properties being sold or occupied.