Agenda item

14/06780/OUT - Land at The Hill Brush Co Ltd, Woodlands Road, Mere, BA12 6BS - Demolition of Existing Factory and Dwelling known as Maltot. Erection of 134 Dwellings with Supporting Infrastructure. ( Hybrid full and outline application)

A report by the Area Development Manager is attached.

 

Minutes:

  The following people spoke against the proposal:

 

Mrs I McCullum, a local resident

Mr LR Stanton, a local resident

Mr Branscombe

 

The Committee received a presentation by the Area Development Manager (South) which set out the main issues in respect of the application. He introduced the report which recommended that planning permission be approved subject to conditions and a Section 106 legal agreement.  He referred to the late representations which had been received which were:

 

·                A response from Wiltshire Council Environmental Services in relation to Public Open Space.  An objection had been raised until Public Open Space provision levels as set out in their response had been agreed by means of a Section 106 agreement.

 

·                A response from Wiltshire Council Leisure Services recommending that Section 106 contributions in respect of leisure services be spent on upgrading the sports hall and changing accommodation or on a local indoor leisure facilities project in the vicinity of the development.

 

Members of the Committee then had the opportunity to ask technical questions after which the Committee received statements from members of the public as detailed above, expressing their views regarding the planning application.

 

The Committee then heard the views of Cllr George Jeans, the local Member, who, whilst supporting the application, expressed concern regarding highway issues and the use of Woodlands Lane, a single carriageway, by vehicles to and from the site.  He suggested that a sign be erected at the exit to the site directing traffic to the Shaftesbury Road and away from Woodlands Road.  The Committee noted that Mere Parish Council has also expressed these concerns.   

 

During discussion the following points were raised:

 

·                There as a need to ensure that there was adequate open space, refuse bins and also sufficient leisure facilities in the area.

 

·                The Section 106 Agreement should include provision for adequate primary school places.  With regard to secondary school places, it was noted that students were educated a a secondary school in Gillingham, Dorset and Dorset Education Authority had so far not responded to this Council’s consultation.

 

Resolved:

 

To delegate the Area Development Manager (South) to grant planning permission following completion of a Section 106 agreement covering the following matters:

 

  • A requirement for the new factory planning permission to be completed prior to implementation of the housing planning permission;
  • A requirement for a minimum of 10% of the houses to be ‘affordable’;
  • A requirement for a financial contribution to be made towards the cost of additional education provision made necessary by the housing development;
  • In the event of a surplus being available after the final calculation of the education contribution, a requirement for a financial contribution to be made towards the local ‘footpath improvement project’ or other local infrastructure made necessary by the development;
  • In the event of a surplus being available after the final calculation of the education contribution, a requirement for a financial contribution to be made towards waste collection containers.

 

And subject to the following planning conditions –

 

1

Phase 1 (the 'full' element) of the development hereby permitted shall be begun before the expiration of five 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.

 

2

Phase 2 (the 'outline' element) of the development hereby permitted shall be begun either before the expiration of five 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.

3

No development in Phase 2 (the 'outline' element) 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:

(a)       The scale of the development;

(b)       The layout of the development;

(c)       The external appearance of the development;

(d)       The landscaping of the site;

(e)       The means of access to the site.

 

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

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.

5

Notwithstanding the details set out in the application particulars, no development shall commence on site within any particular phase until details and samples of the materials to be used for the external walls and roofs within the particular phase 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 on site in any particular phase until details of the design, external appearance and decorative finish of all railings, fences, gates, walls, bollards and other means of enclosure within that particular phase have been submitted to and approved in writing by the Local Planning Authority.  Development of the particular phase shall be carried out in accordance with the approved details prior to the development being first occupied or in accordance with a programme to be first agreed in writing with the local planning authority. 

REASON:  In the interests of visual amenity and the character and appearance of the area.

7

No development shall commence on site in any particular phase until a scheme of hard and soft landscaping for that particular phase has been first submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

a) location and current canopy spread of all existing trees and hedgerows on the land;

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

c) a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

d) finished levels and contours;

e) means of enclosure;

f) car park layouts;

g) other vehicle and pedestrian access and circulation areas;

h) all hard and soft surfacing materials;

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

 

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

8

All soft landscaping comprised in the approved details of landscaping for any particular phase of the development 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 within the particular phase 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 within a particular phase shall also be carried out in accordance with the approved details prior to the occupation of any part of the development within the phase 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.

9

The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

REASON:  To ensure that the development is served by an adequate means of access.

10

No dwelling shall be occupied until the parking space(s) together with the access thereto, have been provided in accordance with the approved plans.

REASON:  In the interests of highway safety and the amenity of future occupants.

11

No development shall commence on site until details of the stopping up of all accesses proposed to be stopped up, both pedestrian and vehicular, have been submitted to and approved in writing by the Local Planning Authority. The details shall include a programme for the timing of the stopping up of the accesses.  The stopping up of the accesses shall take place in accordance with the approved details.  On completion of the development, the means of vehicular and pedestrian access to the development shall be as shown on the plans hereby approved.

REASON: In the interests of highway safety.

12

Prior to first occupation of any dwelling hereby approved the developer shall implement the 'Welcome Pack' initiative set out in the Framework Residential Travel Plan dated April 2014.  Following implementation of the initiative each and every first owner/occupier of any dwelling on the development shall receive from the developer the Welcome Pack.

REASON:  In the interests of road safety and reducing vehicular traffic to the development.

13

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

REASON:  To secure the retention of adequate parking provision, in the interests of highway safety.

14

Foul and surface water from the development shall be disposed of strictly in accordance with the schemes of disposal set out in the Flood Risk Assessment dated May 2014 accompanying the planning application.

REASON:  To ensure satisfactory disposal of foul and surface water in accordance with the agreed scheme.

15

No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details. 

REASON:  In the interests of sustainable development and climate change adaptation.

16

No development approved by this planning permission other than demolition works shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site has been submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified:

a.         all previous uses

b.         potential contaminants associated with those uses

c.         a conceptual model of the site indicating sources, pathways and receptors

d.         potentially unacceptable risks arising from contamination at the site.

 

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

REASON:  To protect controlled waters from pollution.

17

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

REASON:  To protect controlled waters from pollution.

18

The development shall be carried out strictly in accordance with the 'measures' set out in the Ecological Mitigation Plan dated May 2014 accompanying the planning application.

REASON:  To ensure wildlife interests are safeguarded.

19

Prior to commencement of the approved dwellings immediately adjacent to Shaftesbury Road and the Beaumont Business Centre, a scheme or schemes indicating how these dwellings will be insulated against noise disturbance from traffic using the road or industrial activities in the business centre shall be submitted to the local planning authority for approval in writing. The dwellings shall be constructed in accordance with the approved scheme(s) and the insulation measures shall be retained thereafter.

REASON:  To safeguard the future amenities of the occupiers of these dwellings.

20

Prior to commencement of development the developer shall submit a Construction Management Plan for approval in writing by the local planning authority.  This shall specify the hours of working (in particular, the hours during which potentially noisy equipment or machinery will be used), site traffic management plans (including routing plans for employee/contractor vehicles and delivery vehicles, areas on site for employee/contractor parking, and areas on site for loading/unloading of collection/delivery vehicles), and environmental controls (including locations of storage of fuels, etc.).  The development shall be carried out strictly in accordance with the approved Construction Management Plan throughout the development phases.

REASON:  In the interests of amenity. 

21

The development hereby permitted shall be carried out in accordance with the approved plans listed in the attached schedule.

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

INFORMATIVE TO APPLICANT:

The applicant should note that under the terms of the Wildlife and Countryside Act 1981 and Countryside and Rights of Way Act 2000, it is an offence to disturb nesting birds, roosting bats and other protected species.  You should note that the work hereby granted consent does not override the statutory protection afforded to these species and you are advised to seek expert advice if you suspect that the demolition would disturb any protected species. For further advice, please contact the district ecologist at Wiltshire Council.

 

INFORMATIVE TO APPLICANT:

The applicant will be aware of the badgers sett on the site and the possibility of further setts in the vicinity of the site, and as a consequence compliance with certain requirements and provisions of the Badgers Act 1991 may be necessary. If this is the case the applicant is advised to contact Natural England who are responsible for issuing licences relating to development on the site of badger setts.

INFORMATIVE TO APPLICANT:

The consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire's Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

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:

This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated the [INSERT].

INFORMATIVE TO APPLICANT:

The developer is advised to discuss the contaminated land issues relevant to the site and what works, if any, are required in order to comply with the relevant conditions attached to this approval. The developer should contact Peter Nobes at Wiltshire Council.

INFORMATIVE TO APPLICANT:

In designing the layout for Phase 2 the applicant is requested to take particular care with dwelling designs and sitings on that part of the site adjacent to The Bartletts to ensure the privacy and amenities of the occupiers of The Bartletts are safeguarded.

INFORMATIVE TO APPLICANT:

The development should include water efficient systems and fittings. These should include dual-flush toilets, water butts, water-saving taps, showers and baths, and appliances with the highest water efficiency rating (as a minimum). Greywater recycling and rainwater harvesting should be considered.

An appropriate submitted scheme to discharge condition no. 16 will include a water usage calculator showing how the development will not exceed a total (internal and external) usage level of 105 litres per person per day.

INFORMATIVE TO APPLICANT:

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:

https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

INFORMATIVE TO APPLICANT:

There are ordinary watercourses within or in close proximity to the site. If it is intended to obstruct the flow in the watercourse (permanently or temporarily, including culverting), or construct a surface water outfall, you may require prior Land Drainage Consent from Wiltshire Council as the Lead Local Flood Authority. You are advised to contact the Drainage Team to discuss their requirements:-

http://www.wiltshire.gov.uk/communityandliving/civilemergencies/drainage/drainageordinarywatercourseconsent.htp

There must be no interruption to the existing surface water and 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 and that riparian owners upstream and downstream of the site are not adversely affected.

 

 

INFORMATIVE TO APPLICANT:

Subject to all necessary consents being first obtained and on completion of Phase 1, the applicant is requested to display a sign within the site close to its vehicular exit advising motorists to turn right when leaving the site so as to avoid the narrow lanes to the south of the site.  The detailed design and wording of the sign should be agreed with the local planning authority.  

 

 

Supporting documents: