Agenda item

13/00673/OUT: Site adjacent A345 road and Longhedge Cottages

Site visit for Members at 1030.

 

Minutes:

Public Participation

Mr Richard Greenwood spoke in objection to the application.

Mr Paul Brocklehurst, on behalf of the applicants, spoke in support of the application.

Mr Greg Mitchell, planning consultant to the applicants, spoke in support of the application.

Cllr Ron Champion, Laverstock and Ford Parish Council, spoke in support of the application.

 

The Planning Officer introduced a report which detailed two schemes for the application site, and recommended both for delegation to the Director of Development Services to approve subject to the securing of an appropriate s.106 legal agreement. Key issues for both schemes included the principle of the proposed housing development and its impact upon the area, links to the neighbouring development in construction at Old Sarum, provision of affordable housing and the heads of terms for any proposed s.106 agreement.

 

It was noted that the application was for outline permission only, and that detailed specifics presented were indicative, with permission for those specifics on design and layout and other matters being required at a future date should the principle of the development, with either scheme, be approved. A proposed roundabout access for the site was included as part of the outline application, and it was noted that an underground gas main running through the site could not be constructed over, and this had been taken into account with proposed designs and layout.

 

The key difference between scheme A and scheme B was stated to be that scheme A encompassed a larger area, and with a proposed upper limit of 673 houses against 425 for scheme B, as well as the provision of an area of community open space to the north of the site and further employment space.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought of the number of dwellings being constructed in the adjoining Old Sarum development to enable consideration of the total impact from each scheme for the Longhedge site, along with details of the archaeological investigation as part of condition 22. Attention was also drawn to proposed condition 21 as detailed in the late submission papers, which limited the scale of proposed retail units within the site, and the existence of a 1m strip of land surrounding the Old Sarum development which was owned by a third party, and its impact on any proposed linkage between the two developments.

 

In response to queries it was also confirmed that a large portion of scheme A and smaller section of scheme B included areas that were a departure from local planning policy as being identified for housing development, and should permission be approved this would need to be advertised as such and referred to the Secretary of State. There were also queries regarding the width of the roads in the proposed development and parking concerns, and it was stated that final details would come with later permissions, but that initial designs had been made to encourage less on-street parking and for roads to be of a suitable width. Additionally, it was stated that it was planned most dwellings would be two storey, although there would be one and three storey dwellings within the site.

 

The Chairman then announced that as the report presented two different schemes for approval, following legal advice the Committee would consider each scheme separately and vote upon each scheme.

 

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

 

Mrs Natalie Moss then read a statement on behalf of the Local Member, Councillor Ian McLennan, who was unable to be present, in support of option A of the application, subject to the imposition of suitable additional conditions.

 

A debate followed, where the importance of precise wording to limit the number of dwellings permitted on the site was raised, to prevent future additional development. The need for the infrastructure for the site to be suitable for future purposes was noted, with some members having concerns that where an upper limit had not been set or where an unviable amount of dwellings had been initially approved in other applications, and was subsequently expanded upon, infrastructure including roads, schools and green space had become insufficient.

 

The preference for affordable homes to be available for local residents was mentioned, along with issues of Highway safety and the proposal that any public art financial contribution be utilized for a new changing room facility to serve the playing pitch on the development. 

 

The granting of permission to a site which was a departure from local planning policy was discussed, and how likely it was that the site would inevitably be marked for development considered.

 

At the conclusion of debate, it was,

 

Resolved:

 

That subject to:

a)    The advertisement of the application as a Departure to Development Plan policies;

b)   The referral of the application to the Secretary of State as a Departure from Development Plan policies and the agreement of the said to the issuing of planning permission;

c)    Subject to all parties entering into a S106 legal agreement which secures:

·         Public open space facilities/financial contributions and timing of provision, including a contribution commensurate with the Public Art contribution towards the provision of changing room facilities which incorporate public art.

·         Provision of on-site affordable housing and timing of provision

·         Provision of waste and recycling facilities/financial contributions

·         Provision of educational contributions towards the provision of new school building  and land for that new school, and timing of that provision

·         Financial Contributions towards Stone Curlew project

·         Financial contribution towards cemetery facilities

·         Financial contribution towards Wiltshire Fire and Rescue facilities

·         Transportation contributions and sustainable initiatives and timing of that provision as referred to by WC Highways comments above

·         Provision of a new roundabout, and associated bus stops and pathways prior to the commencement of any other works

·         Provision of land for a new retail and neighbourhood centre building and the construction and provision of that facility prior to occupation of 50 percent of the planned development.

·         A suitably surfaced pedestrian and cycle link to be provided up to the boundary of the application site with the adjacent Old Sarum site including a commuted sum of money for the Council to deal with future linkage provision, and the details of such works.

·         Provision and timing/phasing of the commercial/industrial land and uses

 

To delegate to the Director of Development Services to APPROVE Planning permission for schemes A and B.

 

Subject to the following conditions:

 

01. Approval of the details of the layout, scale, appearance of the buildings, the means of access thereto (excluding the roundabout and associated access works subject of this application) and the landscaping of the site (herein called the reserved matters) shall be obtained from the Local Planning Authority in writing, for each housing and employment phase of the development prior to commencement of that phase.

 

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.

 

02. Plans and particulars of the reserved matters referred to in condition 01 above, relating to the layout, scale, appearance of any building to be erected, the means of access to the site (excluding the roundabout and associated access works subject of this application) and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

 

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.

 

03. Applications for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.

 

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.

 

04. 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.

 

05. The number of dwellings hereby permitted on this site shall be limited to a maximum of 673 dwellings in the case of option A, or limited to a maximum of 425 dwellings in the case of option B.

 

REASON: To ensure that the overall density and layout of the final scheme accords with the mitigation and details agreed as part of this permission and associated legal agreement.

 

06. The development shall be carried out in general accordance with the illustrative Master Plans and the parameters for the development provided in the Design and Access statement, including the list of general design principles contained in the Development Specification document submitted on 17th September 2013, namely:

 

Option A

Drawing No. 3281 501 Option A – Site location plan

Drawing no 3821 502 Option A illustrative master plan

Drawing No. 3281 505 Option A Green Infrastructure

Drawing No. 3281 504 Option A Building Heights

Drawing no. 3281 506 Option A Access and movement

Drawing No. 3281 503 Option A Land Use plan

Option B

Drawing No. 3281 501 Option B – Site location plan

Drawing no 3821 502 Option B illustrative master plan

Drawing No. 3281 505 Option B Green Infrastructure

Drawing No. 3281 504 Option B Building Heights

Drawing no. 3281 506 Option B Access and movement

Drawing No. 3281 503 Option B Land Use plan

 

REASON: For the avoidance of doubt

 

07 The access to both Option A and Option B schemes shall be carried out in accordance with approved Plan no SK004 Rev A – Access and roundabout arrangements.

 

REASON: For the avoidance of doubt

 

Highways

08. The development hereby approved shall accord with the details shown on access roundabout drawing no drawing SK004/A. The roundabout and associated works, including two bus laybys including shelters and real time bus information electronic display boards and pathways and street lighting, shall be provided and made available for use, prior to the first occupation of any the dwellings hereby approved. Notwithstanding any landscaping/planting or drainage details submitted pursuant to the reserved matters applications, and before any works are commenced with regards the highway access works, a scheme for the discharge of surface water from the highway and landscaping works, including timing of works, associated with the highway access works hereby approved shall be submitted to and approved in writing by the Local Planning Authority.  The development shall not be occupied until the access arrangements, and associated drainage and landscaping has been constructed in accordance with the approved scheme.

 

REASON: To ensure that an acceptable access and egress is provided prior to occupation of any of the proposed dwellings, in the interest of sustainable development and highway safety and the interests of providing safe and convenient access to public transport for occupiers of the development. Also, to ensure that any highway access works are appropriately landscaped and drained in order to reduce the visual impacts of the works on the wider countryside.

 

09. Prior to first occupation of any dwelling, a 2 metre wide footway shall have been constructed and made permanently available for use by pedestrians, in accordance with details to be first submitted to and approved by the Local Planning Authority, over the entire frontage of the site, along the western boundary with the A345 road.

 

REASON: In the interests of safe and convenient pedestrian access to the development.

 

10. Prior to occupation of the 50th dwelling a temporary bus loop to enable buses to turn within the site shall have been constructed and made available for use, in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority.

 

REASON: In the interests of enabling public transport to serve the development from an early stage.

 

Linkages

11. The pedestrian and cycle paths proposed across the site allowing access to Old Sarum along the eastern boundary shown on the indicative layout shall be surfaced, provided, and made available for safe use concurrently with the development being completed, and prior to any of the residential units, school/community facilities/open space/land, or commercial /industrial 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 the wider area is provided at an early stage, so as to enhance the connectivity of the wider community and to allow access to and from facilities and services.

 

12. The footpath link with Monarchs Way right of way shall be fully constructed and provided prior to occupation of any of the dwellings hereby approved, or as agreed in accordance with an alternative scheme approved in writing by the Local Planning Authority.

 

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

 

Protection of amenity

13.No development shall commence until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details the measures that will be taken to reduce and manage the emission of noise and dust during the construction phase of the development and shall specifically address the following:

 

i.              The movement of construction vehicles

ii.            Wheel washing and vehicle wash down facilities

iii.           The storage, transport and management of waste materials and building materials.

iv.           The recycling of waste materials

v.            The loading and unloading of plant and materials

vi.           The location and use of generators and temporary site accommodation

 

The approved construction management plan shall be complied with throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction management plan without the prior written permission of the Local Planning Authority.

 

REASON: In order to limit the impact of the development on surrounding amenity

 

14.Before the development hereby permitted commences a scheme for the acoustic insulation and protection of residential properties against road traffic noise and noise from the approved business/commercial uses shall be submitted to and approved by the Local Planning Authority. This scheme shall include details of glazing, ventilation and the measures to be taken to protect external amenity space from noise. All works within the approved scheme shall be implemented before the residential properties are first occupied and shall be maintained at all times thereafter.

 

REASON: In order to limit the impact of the development on surrounding amenity

 

Non residential development

15.Before the development hereby permitted commences a scheme of acoustic insulation shall be submitted to and approved by the Local Planning Authority specifying the measures that will be taken for the purposes of preventing and controlling the emission of noise from externally mounted plant and equipment. 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: In order to limit the impact of the development on surrounding amenity

 

16.Before the development hereby permitted commences  a scheme of acoustic insulation shall be submitted to and approved by the Local Planning Authority specifying the measures that will be taken for the purposes of preventing and controlling the emission of noise and vibration from the approved commercial/business uses. 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: In order to limit the impact of the development on surrounding amenity

 

17. Before the development hereby permitted commences a scheme for the discharge and control of fumes, gasses and odours from the approved commercial/business uses shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented before the development is first brought into use shall be maintained at all times thereafter in accordance with the approved details.

 

REASON: In order to limit the impact of the development on surrounding amenity

18. Before the development hereby permitted commences a schedule for the times of deliveries to and/or collections from the approved commercial/business uses shall be submitted to and approved by the Local Planning Authority. Deliveries and/or collections shall only take place in accordance with the approved schedule and shall not take place at any other time.

 

REASON: In order to limit the impact of the development on surrounding amenity

 

19.Before the development hereby permitted commences a schedule for the operating times of the approved commercial/business uses shall be submitted to and approved by the Local Planning Authority. The approved commercial/business uses shall only operate in accordance with these agreed times and shall not operate at any other time. 

 

REASON: In order to limit the impact of the development on surrounding amenity

 

Neighbour amenity – Longhedge cottages and Longhedge House

20.Prior to any construction works commencing, a construction management plan shall be submitted to and approved in writing by the Local Planning Authority which details the measures to taken to protect the residential amenities of the occupiers of dwellings directly adjacent to the proposed works during construction. The scheme so agreed shall be carried out in strict accordance with the agreed details.

 

REASON: In order to limit and reduce the impact of the construction works on the occupiers of residential properties located within immediate proximity of the proposed works.

 

Restriction of uses within neighbour centre

21. The neighbourhood centre shall be arranged as shown on the submitted indicative layout plan and design and access statement, and shall comprise of a main retail use, limited to Class A1 as defined by the Town and Country Planning use  Classes Order 1995 as amended, which shall have a gross floor areas of 550sqm. The ancillary neighbourhood uses shall be limited to Class A1, A3, A4, A5, or D1 as defined by the Town and Country Planning use  Classes Order 1995 as amended uses only, and any unit or use shall be limited to a maximum of 200 sqm gross floor area. No use shall commence until a scheme for the carrying out, operation, and construction of that use/building has been submitted to and approved by the Local Planning Authority as part of a reserved matters application.

 

REASON: In order to limit the impact of the development on residential amenity and the impact on the vitality and viability of the city centre.

 

Archaeology

22. With regards Option A & B, no development shall take place within the application site until a written programme of archaeological investigation, has been submitted to, and approved in writing by the Local Planning Authority. The approved programme of archaeological mitigation has been carried out in accordance with the approved details.

 

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

 

Archaeology management plan for community open space

23. With regards Option A, no development shall commence on site until such a time that a management plan to ensure the preservation in situ of the archaeological features/remains described in the Environment Statement to include the provision of archaeological information panels and a timetable for the implementation of the management plan, has been submitted to and agreed in writing by the Local Planning Authority. The management plan shall thereafter be implemented in accordance with the approved plans.

 

REASON: To safeguard the identification and recording of features of very high archaeological interest with the planned community open space.

 

Ecology

24.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, including pollution prevention measures. The development shall be carried out in accordance with the agreed CEMP.

 

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

 

25.Before development commences, a scheme for water efficiency shall be submitted to and approved by the Local Planning Authority. The scheme should 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.

 

Surface water drainage scheme

26. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use/occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

 

Lighting

27.No development shall commence until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed to minimise light spill and sky glow, and to minimise light levels along site boundaries and internal transverse planting corridors to below 1 LUX.

 

REASON: In order to limit the impact of lighting on protected species and habitats

 

EMP

28.  No development shall commence on site, including site clearance, until an Environmental Management Plan has been submitted to, and approved in writing by, the Local Planning Authority which covers the following points:

 

a)    Landscape framework plan (demonstrating responsibilities for long term management)

b)   Detailed proposals for habitat retention and creation, methods for establishing new meadows and wetland habitat, design and locations for bat and bird boxes, and habitat management plan.

 

The development shall thereafter be carried out and maintained in accordance with the approved details.

 

REASON: To limit the impact of the development on visual and residential amenity and the surrounding natural habitat.

 

Tree protection during construction

29.No development shall commence (including any works on the highways access hereby approved) until the existing trees and hedging to be retained adjacent to the site boundaries 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.

 

Strategic planting programme

 

30. Before any development commences (including the highway access works hereby approved), a detailed Landscaping scheme, showing the proposed strategic planting including the tree belts, intended to help reduce the wider visual impact of the development, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of native species, specimen sizes, and long term maintenance and ownership. Such planting shall be carried out in accordance with the agreed scheme.

 

All new planting and landscaping shown on the agreed 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: In order to ensure that strategic planting areas are provided as soon as practicable following commencement of development, and that any such planting is able to mature to provide an effective screen to the development in the longer term.

 

Ground water protection

 

31.The development hereby permitted shall not be commenced until such time as a scheme:

 

a)    To agree sewage pipework specification

b)   Agree pollution prevention for storage of pollutants

c)    For drainage

 

has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented as approved.

 

REASON: To prevent the pollution of controlled waters.

 

Surface Water management

32.Before development commences, details of a surface water drainage masterplan shall be submitted to and agreed in writing by the Local Planning Authority. The masterplan shall be in accordance with the Flood Risk Assessment (Option A, RSK, Ref:131658, R1(0) dated 18th April 2013, or Option B , RSK, Ref: 131658, R2 (0) 18TH April 2013) and include details of the phasing of surface water drainage infrastructure including source control measures, the hydrological and hydrogeological context of the development, and details of the future responsibility and maintenance.  The development shall be implemented in accordance with the approved scheme.

 

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

 

INFORMATIVES

 

1)    As part of any future reserved matters application for landscaping details, an Ecology and Landscape Enhancement Scheme for buffer land adjacent to the River will be submitted. The Scheme will be prepared by a professional ecologist and provide a detailed programme of enhancement measures that will be achieved on land allocated for landscaping in the Landscape Strategy Plan (dwg No. 06136-PO.04).  The Enhancement Scheme will be carried out in full and within the timetable laid out within the approved document.

 

2)    The surface water management scheme shall be in accordance with recommendations and findings of the FRA Bradbrook Consulting Revision C November 2012.

3)   With regard to the archaeology conditions 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.

 

4)   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.

 

5)    With respect to the condition related to noise issues, I would highlight that as per correspondence with the acoustic consultants we are not entirely satisfied with the existing noise surveys for this area and in particular due to the use of noise mapping calculations to estimate some noise levels used in the acoustic report. We would advise that further measurements are required to either replace or confirm the predictions concerned when this condition is subject of an application to discharge. We would also highlight that based on the existing data available we consider that the residential properties on the western edge of the residential development are likely to need acoustically treated mechanical ventilation.

 

6)    With respect to conditions above, and as per correspondence  and agreement with the acoustic consultant, we would recommend that an appropriate target would be that the cumulative rating noise level should not exceed background and assessed as per BS4142.

 

7)    With respect to the conditions above if any of the businesses uses may produce significant levels of vibration this issue will need special consideration and should be discussed with this department.

 

8)    With respect to conditions above the appropriate times for deliveries/collections and operating times will be dependent on the final design and layout. If the applicant wishes to have greater flexibility with opening times / deliveries/collections we would encourage them to carefully consider the layout of the development. Including consideration of the separation of residential from commercial/business uses, the orientation of noisy parts of the development away from residential properties and the use of some commercial/business premises as acoustic barriers.

 

9)    With regards the affordable housing S106 heads of terms, it is considered that where allowed by Council policy, Laverstock and Ford residents should have priority in relation to the affordable housing stock on this site.

 

Councillor Christopher Newbury requested that his vote against the approval for scheme A be recorded.

 

Councillors Charles Howard and Terry Chivers requested that their abstention from the approval for scheme A be recorded.

 

Councillor Jose Green requested that her abstention from the approval for scheme B be recorded.

 

The Committee also commended the Local Member for their detailed and comprehensive assessment of the applications as read to the meeting.

Supporting documents: