Agenda item

A report by the Case Officer is attached.

The following people spoke against the proposal:

 

Mr Peter Smith, a local resident

Ms Karen Newbrook, a local resident

Cllr Dr William Scott, representing Semington Parish Council

 

The Committee received a presentation from the Area Development Manager which set out the main issues in respect of the application.  The report was introduced which recommended that planning permission be granted, subject to conditions.  Members were reminded that this application had been considered by this Committee at its meeting on 11 February 2015 when it was decided to defer consideration of the application pending the holding of a site inspection and to request copies of the Secretary of States and the Planning Inspectors appeal decision letters, copies of which were circulated with the revised report. 

 

Following on from this, the applicant had submitted revised plans which had reduced the number of pitches by one, so that now six additional pitches and associated development were being proposed.  All the pitches proposed were situated to the eastern portion of the site and immediately to the west of the pitches the applicant proposed to erect a six metre thick and 1.5m high landscaped bund.  Previously this bund had been located further to the west. Beyond this to the west it was now proposed to construct a landscaped area up to 25 metres wide planted with trees. Previously this area had been up to 11 metres wide and no tree planting had been indicated.  Beyond this the existing right of way (3m easement) would be retained and enclosed by a 2m high wooden fence as previously detailed.

 

A site inspection had taken place immediately before this meeting which had been attended by Cllrs Andrew Davis, Tony Trotman, Glenis Ansell, Trevor Carbin, Stewart Dobson, Charles Howard, David Jenkins and Jonathon Seed as the local Member.

 

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.

 

Members then heard the views of Cllr Jonathon Seed, the local Member, objecting to the proposal.  He referred to a submission from Wessex Water dated 14 January 2015 which stated that the nearest public water supply mains was some distance from the site and recommended that the applicant make contact with their new connections team to discuss a point of connection.   Cllr seed also stated that the application was unacceptable in its proximity to the West Wiltshire Crematorium and was contrary to the views expressed by the Planning Inspector in his decision regarding an earlier application in which he restricted development to the east of this site so as not to infringe upon the crematorium. 

 

During the ensuing discussion, several Members stated that by attending the site inspection, they were reassured that there was sufficient distance between the proposed location of the additional six pitches and the crematorium especially with the improved bunding proposed.  They did feel that the question of an adequate water supply needed clarification and suggested that this could be achieved by the inclusion of an additional condition.

 

Resolved:

 

To grant planning permission subject to the following conditions:-

 

1. 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.

 

2. The development hereby permitted shall be carried out in accordance with the following approved plans: TP01, TP02, TP03 (Rev E), TP04 and TP05.

 

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

 

3. The site shall not be occupied by any persons other than gypsies and travellers as defined in Annex 1 of Planning Policy for traveller sites (DCLG, 2012).

 

REASON: Planning permission has only been granted on the basis of a demonstrated unmet need for accommodation for gypsies and travellers and it is therefore necessary to keep the site available to meet that need.

 

4. There shall be no more than 6 pitches on the site and on each of the pitches no more than 2 caravans shall be stationed at any time and of these, only 1 caravan on each pitch shall be a static caravan, all as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968.

 

REASON: In order to define the terms of this permission.

 

5. No commercial activities shall take place on the land, including the storage of materials.

 

REASON: In order to define the terms of this permission, protect the rural scene and character of the countryside, and protect the amenities of the area and neighbour uses.

 

6. No vehicle over 3.5 tonnes shall be stationed, parked or stored on this site.

 

REASON: In order to define the terms of this permission and protect the rural scene and character of the countryside.

 

7. Notwithstanding the submitted details 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) 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; and

f) car park layouts.                    

 

The submitted scheme shall make provision for the existing landscaping to the western boundary of the site with the crematorium to be retained and this landscaping shall thereafter be retained.

 

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 shall be carried out in the first planting and seeding season following the first occupation of the development 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.

 

9. No development shall commence on site until a scheme for the discharge of foul and 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. No pitch shall be first occupied until it has been provided with its agreed surface water drainage and its agreed foul drainage.

 

REASON: To ensure that the development can be adequately drained and in the interests of preventing pollution.

10. Pitches shall not be formed, nor caravans sited, on land to the west of the new bund on the submitted plan reference TP03 (Rev E).

REASON: In the interests of protecting the character and appearance of the area and the amenity at the crematorium.

11. No development shall commence on site until a scheme for the supply of power to the development (including a timetable for its implementation) has been submitted to and approved in writing by the Local Planning Authority. No pitch shall be first occupied until it has been provided with its agreed power supply.

REASON: In the interests of protecting the character and appearance of the area and the amenity at the crematorium.

12.No development shall commence on site until details of the connection to mains water to the site has been submitted to and approved in writing by the Local Planning Authority. No pitch shall be first occupied until it has been provided with its agreed mains water supply.  

 

REASON: To ensure that the development can be adequately serviced.

 

13. No buildings or structures shall be erected whatsoever on land to the west of the new bund on the submitted plan reference TP03 (Rev E).

 

REASON:  In the interests of protecting the character and appearance of the area and the amenity of the adjacent crematorium.

 

14. The bund detailed on submitted plan reference TP03 (Rev E) shall be formed in accordance with the approved details prior to the formation of any pitches or the siting of any caravans on the site and thereafter be retained.

 

REASON: In the interests of protecting the character and appearance of the area of the adjacent crematorium.

 

INFORMATIVE:  The developer is advised that there is a low risk that great crested newts, reptiles or nesting birds could occur on the application site. Great crested newts, all reptiles and nesting birds are legally protected and planning permission does not provide a defence against prosecution. In order to minimise the risk of amphibians/reptiles occurring on the site, the developer is advised to clear the site and areas of long grass in a sympathetic manner during the autumn (September/October) or spring months (April-May) and to maintain the grassland at a short height to make it unsuitable for reptiles/amphibians until the construction works commence. Clearance of scrub should be carried out outside the bird breeding season (March to August inclusive) or where this is not possible, preceded by a check for active nests by a competent ecologist. If reptiles or nesting birds are found during the works, the applicant is advised to stop work and follow advice from an independent ecologist or a Council Ecologist. If great crested newts are found, all works should stop immediately and Natural England contacted for advice on any special precautions before continuing (including the need for a derogation licence). Please see the council's website for further information: http://www.wiltshire.gov.uk/planninganddevelopment/biodiversityanddevelopment.htm  or Natural England's website http://www.naturalengland.org.uk/ourwork/planningdevelopment/spatialplanning/standingadvice/faq.aspx  or https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals

 

 

INFORMATIVE:

The developer is encouraged, in order to provide ecological enhancement, to increase the number of tree/shrub species to a minimum of 5 native and locally characteristic species on any final bund planting details.