Agenda item
13/03489/FUL - Goldenley Care Home, Forest Lane, Chippenham, SN15 3QU.
Minutes:
Public Participation
Denise Williams, Ian Carter, Paul Sibley and Cllr Linda Packard (Chippenham Town Council) spoke in objection to the application.
Sats Ahluwalia spoke in support of the application.
The officer introduced the report which recommended that planning permission be delegated to the Area Development Manager to be granted subject to no adverse comments being received in relation to archaeology and the pipeline and subject to conditions.
He drew attention to the existing permission which granted extensive extensions to the buildings. The proposal at hand was of a similar size, style and scale to the permission already granted. There were significant benefits for people who needed care, and being within the community met both the local and national strategy’s in caring for people with dementia.
The Committee then had the opportunity to ask technical questions of officers and it was confirmed that the application would allow resident numbers to increase by 25, from 19 to 44. The Highways department had not raised any objection to the development. The plans did not include measures to reduce noise levels but that the applicant was working with residents to address these issues.
Members of the public then addressed the Committee as detailed above.
The local member, Cllr Mark Packard addressed the Committee and spoke in objection to the application. He noted concerns regarding privacy, noise and disruption, access to the site and the impact on existing infrastructure.
A motion to refuse the application was made but not seconded.
A motion to delegate to the Area Development Manager to be granted subject to no adverse comments being received in relation to archaeology and the pipeline and subject to conditions was made and seconded.
In the debate that followed, the Committee noted the need to base their decision on planning issues. It was also noted that signs and traffic calming measures could be included in a legal agreement provided they were located on land in the applicant’s ownership.
Resolved:
That permission be DELEGATED to the Area Development Manager to grant subject to the signing of a section 106 agreement in respect of traffic calming measures and signs within the applicant’s land; and
Subject to conditions:
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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. |
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No part of the development hereby approved shall be occupied until the parking area shown on the approved plans has been consolidated, surfaced and laid out in accordance with the approved details. This area shall be maintained and remain available for this use at all times thereafter.
REASON: To ensure that adequate provision is made for parking within the site and in the interests of highway safety. |
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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 occupied until surface water drainage has been constructed in accordance with the approved scheme.
REASON: To ensure that the development can be adequately drained. |
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No development shall commence on site until details and samples of the materials to be used for the external walls and roofs 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. |
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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) accurate 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) hard surfacing materials;
REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features. |
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All soft landscaping comprised in the approved details of landscaping 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 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. |
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Prior to the commencement of development the necessary stopping up process of public highway as necessary will need to be completed.
Reason: To safeguard the interests of the applicant and highway authority. |
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The development hereby permitted shall be carried out in accordance with the following approved plans:
Design and access statement 001, 003, 006, 005, 004, 002, 007, landscape 01
REASON: For the avoidance of doubt and in the interests of proper planning. |
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No development shall commence on site until the trees on the site which are protected by a Tree Preservation Order have been enclosed by protective fencing, in accordance with British Standard 5837 (2005): Trees in Relation to Construction. Before the fence is erected its type and position shall be approved with the Local Planning Authority and after it has been erected, it 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. |
INFORMATIVES
1. The applicant is advised that there will be the need for some of the existing highway to be stopped up and rights returned to the owner. It appears that some car parking spaces will be contained within Public Highway although the majority of this parking already takes place. The applicant is advised that there are two possible courses of action.
I. The stopping up of the highway can be carried out under Section 247 of the Town and Country Planning Act prior to development commencing. However, prior to starting formal procedure, an agreed area of highway to be stopped up should be agreed with the highway authority and would I suggest that formal enquires are made to the relevant statutory undertakers to check location of any infrastructure. If there are any utilities in the area, it is possible an easement could be agreed.
II. The second option will be via a Legal Agreement (Highways Act - 116) between the highway authority and the developer. All highway authority costs will need to be covered by the Developer. Please not that the stopping up of Public Highway will need to be advertised and there is a possibility objections could be received that could result in the stopping up being unfeasible.
Supporting documents:
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