Agenda item

14/03118/OUT: Hawkeridge Business Park, Land North and South of Mill Lane, Hawkeridge, Westbury, BA13 4LD

Minutes:

Public Participation

Mr John Masson spoke in objection to the application.

Mr Jon le Galloudec spoke in objection to the application.

Mr Daniel McGinn spoke in objection to the application.

Mr Lindsay Holdoway, applicant, spoke in support of the application.

Mr Len Turner spoke in support of the application.

Mr Chris Beaver, agent, spoke in support of the application.

Cllr Francis Morland, Heywood Parish Council, spoke in objection to the application.

 

The Senior Planning Officer presented their report which recommended that the application be delegated to the Area Development Manager to approve permission, subject to the completion of a section 106 legal agreement and prior advising the Secretary of State of the intention of grant permission, owing to the application being a departure from the policies of the adopted development plan.

 

It was stated the other sites that had been considered had not been judged to be sufficient for the purposes of improving employment needs identified in the emerging Wiltshire Core Strategy for the area, and the harmful impacts to the Listed Building and its setting was not felt by officers to be significant enough to outweigh the public benefits of the application. Other key issues included highways and access impacts, impact more generally on the character and appearance of the area and local ecology.

 

Members of the Committee then had the opportunity then had the opportunity to ask technical questions of the officers. In response to queries on which development plan should take precedence if there was a conflict between the policies of different materially relevant plans, it was stated that in such a situation the most up to date adopted plan should be given more weight.

 

In response to queries on the emerging Wiltshire Core Strategy, it was stated the Planning Inspector who had been assessing the Strategy and recommended changes to the Council, had raised no concerns about the strategic employment policies with the Strategy. Clarity was also sought on the restriction of specific types of business activity on the site, and the restriction of permitted development rights so that Class B1 industrial use could not be changed to residential use without additional planning consent.

 

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


The Local Member, Councillor Jerry Wickham, then spoke in objection to the application, and requested that members undertake a site visit prior to any determination. Another Local Member, Councillor Gordon King, supported the suggestion of a site visit.

 

The legal officer then clarified for the Committee the necessary balancing exercise in how much weight to give to specific development plans, that in the absence of a neighbourhood plan, policies plans to consider were the West Wiltshire District Plan,  the emerging Wiltshire Core Strategy and the National Planning Policy Framework, there was a need first to consider the strategic importance of the application, and then at the local issues which might require more weight on more locally focused plans.

 

The Committee then debated the application, noting the extensive scale of the site and the jobs creation potential, although without specific employment use designations at the outline stage, it was acknowledged the predictions of employment opportunities remained as general estimates only, although the need for more employment opportunities was raised, particularly given the planned and already permitted housing developments in the Westbury area.

 

The Committee considered the impact of the development on the highways and the setting of the Listed Building, with some raising concerns that this would be excessive. Details were also sought whether the site would be suitable for fibre optic broadband connection given the planned roll-out across the county, and that the developers be asked to take this into consideration should permission be granted. Members did not feel a site visit would be necessary, stating that the extensive presentation and report, including a great many maps and photos, as well as the comments of local residents and members, provided sufficient information on which to base a decision.


At the conclusion of debate, it was,

 

Resolved:

 

To defer and delegate to the Area Development Manager to advise the Secretary of State that the Council is minded to grant outline planning permission subject to the conditions set out below, and subject to the prior completion of a Section 106 Legal Agreement to secure the planning obligations set out in section 9.13 of this report. The Area Development Manager to issue the planning permission on these terms if the Secretary of State advises the Council that he does not wish to determine the application himself.

 

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

An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of five years from the date of this permission.

 

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

3

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:

 

The scale of the development;

The layout of the development;

The external appearance of the development;

The landscaping of the development;

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.

 

4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the site shall be used solely for purposes within Classes B1, B2 and B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment)(England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON:  The proposed uses are acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same classes, having regard to the circumstances of the case.

 

5

The floorspace occupied by Class B1 (a) and (b)  land uses, as defined in The Town and Country Planning (Use Classes) Order 1987 (as amended), shall not exceed 12,000m2 and the total floorspace shall not exceed 45,520m2, unless otherwise agreed in writing by the local planning authority.

 

REASON: In order to ensure that traffic associated with the development can be satisfactorily accommodated on the road network.

 

 

6

All soft landscaping as shown on Parameters Plan Rev C 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. All hard and soft landscaping shall remain in perpetuity.

 

REASON: To ensure a satisfactory landscaped setting for the development, to protect the setting of heritage assets and existing important landscape features and to manage biodiversity.

 

7

Other than the site access roundabout and associated works, no other development on the site hereby approved shall be commenced until the roundabout access works on Hawkeridge Road and the alterations to Mill Lane have been completed in accordance with drawing number IMA-13-051-005A received by the local planning authority on 19th March 2014. Access to the properties served by Mill Lane shall be secured at all times during the works.

 

REASON: In order to ensure that a satisfactory access is provided to serve the site, and the existing properties accessed from Mill Lane

 

8

There shall be no vehicular access points to the site other than via the proposed roundabout on Hawkeridge Road, and a cycle access point to the north of the roundabout.  The existing agricultural access to the site north of Mill Lane shall be closed to all traffic before the commencement of development.

 

REASON: In the interests of highway safety

 

9

Prior to the commencement of the development a Construction Traffic Management Plan shall be submitted to and approved in writing by the local planning authority. The Plan shall include, inter alia, details of the proposed routing of lorry traffic to and from the site, on-site facilities to ensure that detritus from the site is not transferred onto the highway, road sweeping proposals, and construction lorry and worker traffic minimisation proposals. The development shall then be carried out in accordance with the approved details.

 

REASON: In the interests of highway safety.

 

10

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 by the Local Planning Authority. The proposal shall then be carried out in accordance with the approved details.

 

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

 

11

No development shall commence on site until an Ecological Mitigation Plan demonstrating how the commitments for ecological protection, mitigation and management measures will be implemented in accordance with the Site Mitigation Strategy (Keystone Ecology, November 2013) and details of when vegetation will be removed 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: In the interest of ecology.

 

12

No development shall commence on site until a Landscape and Ecology Management Strategy setting out the management aims and objectives of the site, ownership and management responsibilities and a five year long term management plan to ensure planting meets the objective of maximising habitat for bat SAC species in perpetuity 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: In the interest of landscape management and ecology

 

13

No development shall commence on site until details of a foul water drainage strategy and a timetable including appropriate arrangements for the agreed points of connection and the capacity improvements required 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.

 

14

No development shall commence on site until a site lighting strategy shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall include detailed measurements of existing light levels across the whole site and details of proposed lighting installation in communal areas. The development shall then be carried out in accordance with the approved details.

 

REASON: In the interest of ecology

 

15

The development hereby approved shall be carried out in strict accordance with the Parameters Plan Revision C received by the Local Planning Authority on 23rd June 2014.

 

REASON: In the interest of neighbouring amenity, to protect the setting of heritage assets and ecology

 

16

There shall be no development, groundraising or other alteration on land with an existing ground level of 47.51mAOD or below. This land shall remain undeveloped and shall form unobstructed open space with associated landscaping.

 

REASON To minimise impact on the fluvial floodplain and flood risk to the surrounding area.

 

17

Any Development and associated works shall be carried out in accordance with all the recommendations of the, undated (noise measurements carried out in July 2013), Entran Noise and  Vibration Assessment for land at Hawkeridge submitted as part of planning application ref 14/03118/OUT

REASON: In the interest of neighbouring amenity

 

18

No burning shall take place on site during the construction phase.

 

REASON: In the interest of neighbouring amenity

 

19

Demolition or construction works shall not take place outside the hours of 08:00hrs to 18:00hrs Mondays to Fridays and from 08:00hrs to 13:00hrs on Saturdays and at no time on Sundays or Bank Holidays.     

 

REASON: In the interest of neighbouring amenity.

 

20

Prior to the occupation of any building on site, evidence that all building services, plant and fixed machinery are sited and designed to achieve a Rating Level LArTr of 30dB between the hours of 07:00 hrs and 23:00 hrs and Rating level LArTr 25db (subject for the scope of BS4142 for low background noise and therefore the rating level) between the hours of 23:00hrs and 07:00 hrs as measured at the nearest noise sensitive receptor shall be submitted to and approved in writing by the Local Planning Authority. Measurements and assessments shall be carried out in accordance with BS4142.1997. The development shall be carried out in accordance with the approved details.

 

REASON: In the interest of neighbouring amenity

 

21

No building or component thereof shall be constructed on site until details and samples of the materials to be used for the external walls, windows and roofs of that building 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 interest of the visual amenity, the impact upon the character and appearance of the area and to protect the setting of heritage assets

 

22

No building shall be constructed on site until there has been submitted to and approved in writing by the Local Planning Authority, a plan indicating positions, design, materials and type of boundary treatment to be erected and soft landscaping. The boundary treatment shall be completed, before the buildings are occupied, in accordance with a timetable agreed in writing by the Local Planning Authority and the soft 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. The 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.

 

23

No building shall be constructed on site until there has been submitted to and approved in writing by the Local Planning Authority, a sustainable energy strategy statement including how details of provision for sustainable energy of the building will be achieved. The buildings shall then be carried out in accordance with the approved details.

 

REASON: In the interest of renewable energy

 

24

No building shall be constructed on site until there has been submitted to and approved in writing by the Local Planning Authority a transport assessment relating to the particular use including details of car and cycle parking spaces. The buildings shall then be carried out in accordance with approved details

 

REASON: In the interest of highway safety and in order to ensure a satisfactory level of provision of operational car and cycle parking within the site, and to support sustainable travel.

 

25

No building shall be constructed on site until details of the estate road, internal roads, footways, footpaths, cycle routes, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, access gradients, car parking and street furniture, and a phasing plan for provision of such works have been submitted to and approved by the local planning authority. No building shall be first put into use until the approved items serving that building have been carried out in accordance with the approved details. .

 

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner and at an appropriate time whilst protecting ecological concerns

 

26

Prior to the occupation of each and every building on the site, operational parking required for that site shall be provided in accordance with details which shall first have been submitted to and approved in writing by the local planning authority.

 

REASON: To ensure adequate provision is made for loading, offloading and site storage of commercial and heavy goods traffic.

 

27

No development shall commence on each individual plot until details of the storage of refuse including recycling facilities, 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 serving that plot 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.

 

28

No building shall be occupied until a lighting scheme for the associated plot has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be so designed as to control glare, spillage and intrusion and include details of lighting appliance positions, lux plots showing effects of proposed lighting in combination with other approved developments. All schemes should comply with guidance issued by the Institution of Lighting Engineers for an E2 Zone and be in accordance with the Parameters Plan received by the Local Planning Authority on 23rd June 2014, section 6.3 of the Design and Access Statement and section 5.16 of the Site Mitigation Strategy (Keystone Ecology, November 2013) received on 19th March 2014. The development shall then be carried out in accordance with the approved details.

 

REASON: In the interest of neighbouring amenity and ecology

 

29

No development shall commence on each individual plot until a detailed surface water run-off limitation scheme for each plot, phase or parcel of land, together with supporting calculations, has been submitted to, and approved in writing by the Local Planning Authority. The submitted details shall clarify the intended future ownership and maintenance for all drainage works serving the site. The approved scheme shall be implemented and maintained in accordance with the approved programme and details.

 

REASON To prevent any increased risk of surface water flooding associated with the development.

 

30

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

 

Site Context Plan, Site Location Plan, Topographical Plan 866/6113/1A, Topographical Plan 866/6113/1B, Topographical Plan 866/6113/2, Topographical Plan 866/6113/3 received on 19th March 2014

 

IMA-11-078 - 028A, IMA-13-051-005A received on 19th March 2014

 

Parameters Plan Rev C received on 23rd June 2014

 

REASON:

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

 

INFORMATIVES

 

1

INFORMATIVE: The developer should be aware that any reserved matters application should included detailed scheme of measures to minimise noise generation due to traffic arising from the development. The road networks and loading area of each unit shall also be located and designed to minimise impact to noise sensitive dwellings.

2

INFORMATIVE: When discharging the condition regarding surface water run off the Environment Agency will expect the following:

·         A clearly labelled drainage layout plan showing the pipe networks and (where appropriate) any attenuation ponds, soakaways and drainage storage tanks. This plan should show any pipe node numbers referred to in the drainage calculations and the invert and cover levels of manholes;

·         A manhole schedule;

·         Model runs to demonstrate that the critical storm duration is being used;

·         Confirmation of the appropriate discharge rate (where appropriate), with any flow control devices indicated on the plan with the rate of discharge stated;

·         Calculations showing the volume of attenuation provided and that parity on rate and volume of runoff will be achieved, demonstrating how the system operates during the 1 in 100 critical duration storm event;

·         The run-off from the site during the critical 1 in 100 year storm plus an allowance for climate change must be contained (must not be permitted to run un-attenuated overland to areas off site) within the site and must not reach unsafe depths on site. If there is any surcharge and flooding from the surface water drainage system, overland flood flow routes and "collection" areas on site (e.g. car parks, landscaping) must be shown on a drawing. CIRIA good practice guide for designing for exceedance in urban drainage (C635) should be used.

·         An appropriate allowance for climate change should be incorporated into the scheme in accordance with NPPF;

·         Where infiltration forms part of the proposed storm-water system such as infiltration trenches and soakaways, soakage test results and test locations are to be submitted in accordance with BRE digest 365. Seasonal ground water level fluctuations should be assessed to gain appropriate base level for any soakaways (base must be at least 1m above ground water level).

·         Specification of how the scheme will be maintained and managed after completion.

 

3

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

4

INFORMATIVE Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed (permanent or temporary)works or structures in, under, over or within 8 metres of the top of the bank of the Bitham Brook, designated a 'main river' at this location. The need for Flood Defence Consent is over and above the need for planning permission. To discuss the scope of our controls and to obtain an application form please contact Daniel Griffin on 01258 483421.

5

 

INFORMATIVE Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development. Such safeguards should cover: - the use of plant and machinery - oils/chemicals and materials - the use and routing of heavy plant and vehicles - the location and form of work and storage areas and compounds - the control and removal of spoil and wastes. The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at:http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx.

 

6

INFORMATIVE: It is important for the applicant to note that if the development is to be connected to the existing water main in Link Road, an application should be submitted to Wessex Water. Non domestic supplies required for fire fighting or commercial use will require an assessment with network modelling subject to design requirements. Wessex Water would recommend the use of storage tanks where the network capacity is not available or where off site reinforcement is necessary to provide the stated demand. For further information please contact Wessex Water on 01225 526000 or at www.wessexwater.co.uk

7

INFORMATIVE: It is important for the applicant to note that is surface water is proposed to be discharged into a nearby ditch/watercourse, then an application for land drainage consent would also be required.

 

8

INFORMATIVE: It is important for the applicant to note that details of the ground gas risk assessment for the site confirming whether any ground gas mitigation is required for the development. This should be submitted to the Environmental Health Team at Wiltshire Council prior to any works commencing on site

 

9

INFORMATIVE: The developer will need to ensure that any alterations to Mill Lane are in accordance with legal requirements, and any areas of Mill Lane to be stopped up or subject to changed status will be required to have a formal stopping-up order made under the provisions of s247 TCPA 1990 before development commences. A legal agreement under the provisions of s278 Highways Act 1980 shall be completed with the Council in relation to the access works prior to any access works being undertaken.

10

INFORMATIVE: There are public rights of way crossing the site, intended to be diverted; the appropriate legal procedures for diversion, both temporary and permanent shall be followed.

11

INFORMATIVE: Car and Cycle parking spaces shall be provided on the site in accordance with the Wiltshire Transport Plan LTP3 2013-2026 Car Parking Strategy and Cycle Strategy respectively or such standards contained in any superseding document.

 

Supporting documents: