Agenda item

14/00726/FUL - Cooper Avon Tyres Sports & Social Club, Melksham House, 27 Market Place, Melksham, SN12 6ES - Demolition of Modern Extensions to Melksham House, Removal of Existing Swimming Pool, Internal Alterations and Extensions to Melksham House to provide a New Community Campus including Leisure Facilities (2 Swimming Pools, Sports Hall, Fitness Suite, Activity Studio, Indoor Bowls, Climbing Wall) Public Services (Library, Multipurpose Rooms, Offices, Cafe) Health Facility and Associated Car Parking and Landscaping

Meeting of Strategic Planning Committee, Wednesday 14 May 2014 10.30 am (Item 46.)

A report by the Case Officer is attached.

Minutes:

Public Participation

Mr Marvyn Davies spoke in objection to the application

Mr Steven Hulbert spoke in objection to the application.

Mr George Roberts spoke in support of the application.

Mr Roy While spoke in support of the application.

Mrs Terri Welch spoke in support of the application.

The planning officer introduced a report which recommended that the application be approved. It was stated that while the proposed considerable extensions would have a major impact on the listed building on the campus site, in accordance with the National Planning Policy Framework the public benefit of the proposal was felt to outweigh the costs, with other policy considerations detailed in the report. Key issues were stated to include the impact on the wider area, landscaping and impact upon the highway. It was noted substantial highways improvements would need to take place prior to any development on the site itself.

Members of the Committee then had the opportunity to ask technical questions regarding the application. Details were sought about the distances to the nearest properties, proposed landscaping and building materials. In response to queries it was confirmed the rear window from the proposed fitness centre was clear glass, not obscured.

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

A Local Member, Councillor Jon Hubbard, then detailed his support for the principle of the application and praised the level of consultation that had been undertaken, but requested that the Committee take note of the extant issues raised by local residents and that they took effort wherever possible to mitigate concerns including noise, overlooking and off street parking.

A debate followed, where members discussed the benefits that the community campus would bring to Melksham, and the suitability of its location. The provision of parking on the site and the possibility of the spaces closest to the residential properties being reserved for staff parking which would result in less continuous noise impact, was raised, along with assessing whether the rear window allowed any significant overlooking given the distances involved and if, in any case, a glazed window would be appropriate. The details of the proposed landscaping was also discussed.

At the conclusion of debate, it was,

Resolved:

That planning permission be GRANTED subject to the following conditions:

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.

The development hereby permitted shall be carried out in accordance with the following approved plans:

MC-DKA-A-DWG: 000 P02, 0001 P02 0002 P06, 0003 P02, 0004 P01, 0020 P01, 0200 P03, 0100 P02, 0110 P02, 0201 P03, 0202 P03, 0203 P03, 0204 P03, 0210 P02, 0211 P02, 0212 P02, 0250 P02, 0251 P02, 0252 P02, 0253 P02, 1000 P05, 1001 P05, 1002 P02, 1100 P03, 1101 P02, 1200 P01, 1201 P01, 9001 P02, 9003 P02, 9004 P02, TPP,

5124342/LA/DR/100: 002/P1, 003/P1, 004/P1, 005/P1, 006/P1, 007/P1, 008/A, 009/A

5124342-ATK-DR-E: SK01 P, SK02 P

REASON: For the avoidance of doubt and in the interests of proper planning.

No development of the new building shall commence on site until details and samples of the materials to be used for the external walls, roofs, windows and doors have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: In the interests of visual amenity and the character and appearance of the Conservation Area and the Listed Buildings.

No work to the footpaths, access roads, parking and pedestrian areas shall commence on site until details and samples of the materials to be used for these have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: In the interests of visual amenity and the character and appearance of the Conservation Area and the Listed Buildings

No development shall commence on 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 development shall then be carried out in accordance with the approved details.

REASON: To enable the recording of any matters of archaeological interest

No development shall commence on site until a foul and surface water drainage strategy including a timetable has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: To ensure that proper provision is made for sewerage of the site and that the development does not increase the risk of sewer flooding to downstream properties.

No development shall commence 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 strategy set out in the 'Preliminary Drainage Strategy' (Halcrow Group Limited, dated 10 January 2014), 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 shall be maintained and managed after completion.

REASON: To prevent the increased risk of flooding and ensure future maintenance of the surface water drainage system.

No development shall commence on site until a Construction Environmental Management Plan, incorporating pollution prevention measures, and a timetable has been 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 pollution of the water environment

No development or demolition shall commence on site until a Construction Management Plan has been submitted to and approved by the Local Planning Authority. The Construction Management Plan shall include:

The laying out and construction of the construction access including the surfacing of at least the first 20 metres of the access in a well bound consolidated material (not loose stone or gravel).

The cutting back of vegetation at the construction access to achieve visibility splays of 2.4 x 160 metres in each direction to the nearside road edge.

Temporary diversion of public footpath MELK 20 at the proposed construction compound.

Measures to prevent excessive deliveries occurring at peak hour traffic times.

A scheme of Traffic Sign Regulation and General Direction chapter 8 roadwork signing to warn of the construction access.

Signing and measures to achieve safe use of footpath MELK21 where the end of it coincides with the construction access.

Measures to prevent excessive mud being carried onto the highway and a scheme for regular road sweeping of the highway to clean any mud deposits that do occur.

Analysis of peak traffic movements associated with the construction and the impact these movements may have on the highway network. Should any detrimental impacts be shown the CMP to suggest appropriate mitigation.

Temporary traffic order to ban right turning movements into or out from the construction access.

The development shall then be carried out in accordance with the approved details.

REASON: In the interest of highway safety

The Blue Pool shall not be demolished until the swimming pool hereby approved is available for public use.

REASON: To ensure there is no loss of leisure facilities

The existing football facilities shall not be demolished until a timetable detailing when and where the new football facilities will be available has been submitted to and approved in writing by the Local Planning Authority. The demolition of the football facilities shall then be carried out in accordance with the approved details.

RESAON: To ensure there is no loss of leisure facilities

No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until a Tree Protection Plan showing the exact position of each tree/s and their protective fencing in accordance with British Standard 5837: 2012: "Trees in Relation to Design, Demolition and Construction -Recommendations"; has been submitted to and approved in writing by the Local Planning Authority, and;

The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 "Tree Work - Recommendations" or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

[In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later

REASON: To enable the Local Planning Authority to ensure the protection of trees on the site in the interests of visual amenity.

The development hereby approved shall not be first brought into use until details of the changes to Melksham Market Place have been submitted to, approved in writing by the Local Planning Authority and implemented in full in accordance with the approved details

REASON: The scheme is essential to enable safe and convenient access to the proposed campus development and to avoid detriment to local highway conditions on the highway network caused by traffic to and from the campus development.

The development hereby approved shall not be first brought into use until a car parking management plan has been submitted to and approved in writing by the Local Planning Authority and implemented in full in accordance with the approved details.

REASON: In the interests of achieving reasonable availability of on-site car parking spaces for users of the proposed development.

The development hereby approved shall not be first brought into use until the public footpath (MELK 20) running through the site has been widened, resurfaced and new lighting installed all in accordance with the approved details.

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

The development hereby approved shall not be first brought into use until the vehicle parking and turning areas and the cycle parking area have been provided in accordance with the approved plans. The areas shall then be maintained and kept available for the parking and turning of cars and cycles.

REASON: In the interest of safe and convenient operation of the development and to promote sustainable patterns of travel to and from the development.

The development hereby approved shall not be first brought into use until details of a traffic calming measure for the access west of the access point to Crown House and a give way line to be located across the exit from Crown House and a timetable for the completion of these works have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

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

No development shall commence on site until details of the storage of refuse, including details of location, size, means of enclosure and materials, have been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use until the approved refuse storage has been completed and made available for use in accordance with the approved details and it shall be subsequently maintained in accordance with the approved details thereafter.

REASON: In the interests of public health and safety.

Nothwithstanding the submitted information the development hereby approved shall not be first brought into use until details of the internal access road in front of the 66 space car park and a timetable has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: To ensure coaches do not overrun the pedestrian footway.

The development hereby approved shall not be first brought into use until a boundary treatment between the service vehicle turning head and the public footpath known as MELK 20 and a timetable for its delivery has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

REASON: In the interests of safe use of the public footpath.

Within 3 months of the development hereby approved first being put into use the construction access shall be fully and permanently closed to all vehicle movements, with the grass verge of the A350 being reinstated.

REASON: In the interests of highway safety, and the appearance of the area.

Within 6 months of the development hereby approved first being put into use a full travel plan shall be submitted to and approved in writing by the Local Planning Authority. The travel plan should be based on the framework travel plan and shall be implemented in accordance with the approved details including the appointment of a travel plan co-ordinator for three years from the date of first appointment.

REASON: In the interests of promoting sustainable patterns of travel to and from the development.

During the construction phase no machinery shall be operated, no process shall be carried out and no delivery shall be taken or dispatched from the site outside of the following hours; Mon-Fri 07:30 to 18:00, Saturday 08:00 to 13:00, nor anytime on Sundays or public holidays.

REASON: In the interest of neighbouring amenity

No development shall commence on site until a hard and soft landscaping scheme and implementation programme has been submitted to and approved in writing by the Local Planning Authority, details of which shall include:

- indications of all existing trees and hedgerows on the land;

- details of any to be retained, together with measures for their protection in the course of development;

- 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;

- finished levels and contours of the land;

- means of enclosure;

- car parking layouts;

- other vehicle and pedestrian access and circulation areas;

- hard surfacing materials;

- minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

All hard and soft landscape works shall be carried out in accordance with the approved details and shall be completed prior to the occupation of any part of the development or in accordance with a programme agreed in writing by the Local Planning Authority. 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.

Reason: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

Lighting to car parks, pathways and roadways within the development boundary shall be installed in accordance with the design recommendations detailed within the Executive Summary & Recommendations & Mitigations sections of the External Lighting Impact Assessment submitted with the application.

REASON: In the interest of neighbouring amenity and the impact on the character and appearance of the conservation area

The approved sports lighting scheme shall be designed and implemented in accordance with BS EN 12193:2003 Light & Lighting-Sporting Lighting and shall achieve a minimum Environmental Zone E2 as defined within The Institute of Lighting Engineers Guidance notes for the reduction of obtrusive light 2005 before being first brought into use.

REASON: In the interest of neighbouring amenity and the impact on the character and appearance of the conservation area

The sports floodlighting hereby approved shall not be used before 07:00 hrs or after 22:00 hrs on any day.

REASON: In the interest of neighbouring amenity

The level of noise emitted from the new plant associated with the development hereby approved shall not exceed 29 dB LA eq between the hours of 07:00 in the morning and 23:00 in the evening and 25 db LA eq at any other time when measured at any position along the boundary of the proposed development with residential properties. The assessment and measurements shall be carried out in accordance with BS4142:1997

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

The development hereby permitted shall achieve a BREEAM (Building Research Establishment Environment Assessment Method) rating of `very good'. Within 6 months of the development hereby approved first being brought into use a BREEAM Certificate certifying that `very good' status has been achieved shall be submitted to the Local Planning Authority.

REASON: In the interests of the conservation of energy resources.

Before the development hereby permitted is first occupied the first floor windows in the southern elevation serving the fitness suite shall be glazed with obscure glass only and shall be permanently maintained with obscure glazing in perpetuity.

REASON: In the interests of residential amenity and privacy.

INFORMATIVE TO APPLICANT:

The applicant is reminded of the need to obtain separate listed building consent for the development hereby approved in addition to this planning permission before works commence on site.

INFORMATIVE TO APPLICANT

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

INFORMATIVE TO APPLICANT:

The attention of the applicant is drawn to the following informatives requested by Wessex Water:

There must be no tree planting close to new sewers within distances prescribed by Sewers for Adoption vs 7.

Any redundant connections must be sealed at the point of connection.

If it is proposed to empty the swimming pool to the public foul sewer, the maximum rate of emptying and the chemical makeup of the discharged water should be agreed in advance with Wessex Water.

INFORMATIVE TO APPLICANT:

The attention of the applicant is drawn to the following request by the Strategic Planning Committee regarding Condition 14. The parking area adjacent to Cedar Close should be allocated to staff parking and gated.

INFORMATIVE TO APPLICANT:

The attention of the applicant is drawn to the following request by the Strategic Planning Committee regarding Condition 24. The boundary adjacent to Cedar Close should not have trees/vegetation that would restrict light and effect the amenity of residents in Cedar Close.

Supporting documents: