Agenda item

Susan Hibberd and David Cook spoke in objection to the application.

 

Craig Pettit, spoke in support of the application.

 

Cllr John Coole, Cricklade Town Council, spoke in objection to the application due to concerns over highways, flooding and foul sewage issues.

 

The Planning Officer introduced the report which recommended that authority be delegated to the Area Development Manager to grant planning permission subject to the signing of a Section 106 agreement to address affordable housing requirements, subject to conditions. The application was for outline planning permission to build 25 dwellings with all matters reserved except access. The Planning Officer explained that a small strip of the land fell outside the framework boundary for Cricklade but that the proposal broadly accorded with Core Strategy core policies 1 and 2 as the site fell within the adopted and proposed revised framework boundary. It was also noted that Cricklade Town Council had concerns about the density of the scheme however as this was an outline planning application the illustrative masterplan showed indicative layout only.

 

The Committee then had the opportunity to ask technical questions and it was confirmed that the outline application was not required to provide information relating to garage space or car parking and that these would be addressed when reserved matters were submitted. The Planning Officer explained that there was a presumption in favour of development as this site would be a sustainable location in terms of the National Planning Policy Framework guidance on the matter; also there had been no objection in landscape and visual impact terms to the proposals. It was further confirmed that consultation on the Neighbourhood Plan proposals had taken place and that this included proposals to extend the framework boundary to include this part of the application site. Therefore it would not be appropriate to refuse the application on the basis of a section being outside of the settlement boundary.

 

Members of the public then addressed the Committee as detailed above.

 

Following statements from members of the public, the Planning Officer explained that the developer had submitted the basis for surface water and foul drainage plans. It was confirmed that these plans had been considered by drainage engineers who believed that the development would have no additional impact on the surrounding area. The Planning Officer also advised that Thames Water raised no objection to the proposal, subject to a Grampian condition being added relating for further details of foul water drainage before work commenced. Highways requirements were met by suggested conditions and the developer had committed to providing 40% affordable housing.

 

The local member, Cllr Bob Jones, spoke in objection to the application due to highways and flooding concerns which could have been aggravated by the development.

 

In the debate that followed, the Committee discussed the flooding, drainage, and sewage concerns that had been raised. Members sympathised with flooding concerns however noted it was not reasonable to require the developer to resolve the existing issues and, should there be insufficient surface water storage, the number of houses could be reduced. Some councillors commented that the site was a brownfield site and the application supported affordable housing and therefore was suitable for development. Other members expressed concern with the high density of building and location of the t-junction however noted this could change at reserved matters stage.

 

Resolved:

 

To DELEGATE authority to the Area Development Manager to grant planning permission subject to the signing of a Section 106 agreement to address affordable housing requirements, 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.     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:

 

(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;

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 4(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended).

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

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

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

Site Location Plan – C11755.15.050 – Received 9 February 2015

Proposed Priority Junction Arrangement – 3858/203 – Received 20 February 2015

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

5.     No development shall commence on site until details and samples of the external materials to be used 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 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:-

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

·       full details of any to be retained, together with measures for their protection in the course of development, including off-site trees.

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

·       finished levels and contours;

·       means of enclosure;

·       car park layouts;

·       other vehicle and pedestrian access and circulation areas;

·       all hard and soft surfacing materials;

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

·       proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables pipelines etc indicating lines, manholes, supports etc);

 

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

 

7.     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.

 

8.     No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been undertaken and until:

 

(a)  The Local Planning Authority has been provided with written confirmation that, in the opinion of the developer, the site is likely to be free from contamination which may pose a risk to people, controlled waters or the environment. Details of how this conclusion was reached shall be included.

 

(b)  If, during development, any evidence of historic contamination or likely contamination is found, the developer shall cease work immediately and contact the Local Planning Authority to identify what additional site investigation may be necessary.

 

(c)  In the event of unexpected contamination being identified, all development on the site shall cease until such time as an investigation has been carried out and a written report submitted to and approved by the Local Planning Authority, any remedial works recommended in that report have been undertaken and written confirmation has been provided to the Local Planning Authority that such works have been carried out. Construction shall not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out.

 

REASON: To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

9.     No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following:

(a)  the parking of vehicles of site operatives and visitors;

 

(b)  loading and unloading of plant and materials;

 

(c)  storage of plant and materials used in constructing the development;

 

(d)  the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

 

(e)  wheel washing facilities;

 

(f)   measures to control the emission of dust and dirt during construction;

 

(g)  a scheme for recycling/disposing of waste resulting from demolition and construction works; and

 

(h)  measures for the protection of the natural environment.

 

(i)    hours of construction, including deliveries (No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays);

 

(j)    Access arrangement for construction vehicles exiting and entering the site

 

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

10.No development shall commence on site until a scheme for the discharge of foul water from the site, including any identified off site works to provide capacity within the public sewer system to enable this site to be served, has been submitted to and approved in writing by the Local Planning Authority. 

 

Thereafter, no dwellings shall be first occupied until the approved details have been carried out in strict accordance with the approved details.

 

REASON: To ensure that the development can be adequately drained and not increase flood risk to others.

 

11.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 (on-site storage and controlled discharge) and details of future ownership/maintenance regimes, limiting future discharge rate to an agreed “greenfield flow rate” has been submitted to and approved in writing by the Local Planning Authority. 

 

Thereafter, no dwellings shall be first occupied until the approved details (including full details of ownership and maintenance regime) have been carried out in strict accordance with the approved details.

 

REASON: To ensure that the development can be adequately drained, not increase flood risk to others and to identified future responsibilities for the storm drainage.

 

12.No development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, surface water outfall, visibility splays, accesses, carriageway gradients, drive gradients, car parking, street furniture and stopping up of the vehicular access to Stones Farmhouse from West Mill Lane, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, surface water outfall, visibility splays, accesses, carriageway gradients, drive gradients, car parking, street furniture and stopping up of the vehicular access to Stones Farmhouse from West Mill Lane have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

Thereafter, the parking spaces shall not be used other than for the parking of vehicle of for the purpose of access.

 

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

13.No part of the development shall be first occupied until the visibility splays shown on the plan reference 3858/203 have been provided with no obstruction to visibility at or above a height of 600mm above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety.

 

14.No construction traffic shall be permitted to access the site from the existing vehicular access from the highway of Reeds.

 

REASON: To ensure the protection of residential amenity from noise disturbance during construction works.

 

15.The dwelling(s) hereby approved shall achieve Level 4 of the Code for Sustainable Homes.  No dwelling shall be occupied until a final Code Certificate for it has been issued and submitted to, and approved in writing by, the local planning authority certifying that Code Level 4 has been achieved.

 

REASON: To ensure that the objectives of sustainable development set out Policy CP41 of the Wiltshire Core Strategy are achieved.

 

16.The development hereby approved shall be carried out in accordance with the recommendations made in Section 6 of the Ecological Surveys report dated September 2014 prepared by Elizabeth McKay, unless otherwise agreed in writing with the local planning authority.

 

REASON: To ensure adequate protection and mitigation for protected species.

 

17.No development shall commence on site until a Landscape and Ecology Management Plan has been submitted and approved in writing by the local planning authority, including full details of new native and ‘wildlife-friendly’ ornamental hedgerow and tree planting.

 

Thereafter, the management plan shall be implemented and complied with in strict accordance of approved details during construction works and for the lifetime of the development.

 

REASON: To plant new hedgerows and trees to compensate for the loss of existing vegetation used by foraging/commuting bats and other wildlife, and as an enhancement for biodiversity in accordance with paragraph 188 of the National Planning Policy Framework.  

 

18.No development shall commence on site until details of the provision of roosting features for bats and nesting opportunities for birds (House martin, House sparrow, Starling, Swift and Swallow) into the new buildings has been be submitted to and approved in writing by the local planning authority, including a plan showing the locations and types of features. The approved details shall be implemented before the dwellings hereby approved are first occupied.

 

REASON: To mitigate for the loss of Swallow nests and to provide additional roosting for bats and nesting for birds as a biodiversity enhancement, in accordance with Section 40 of the Natural Environment and Rural Communities Act 2006 and paragraph 118 of the National Planning Policy Framework.

 

19.No development shall commence on site until a lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed to minimise light spill and sky glow, and to minimise light levels alongside newly planted hedgerows and trees, and at the locations of bird nesting and bat roosting features, to below 1 Lux.

 

REASON: In order to limit the impact of lighting on biodiversity.

 

20.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 those Orders with or without modification), no development within Part 1, Classes A, B & E shall take place on the dwellinghouse(s) hereby permitted or within their curtilage.

 

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

21.No more than 25 dwellings shall be constructed on the site pursuant to this planning permission.

 

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

 

 

Informatives:

 

22.Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

23.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 Richard Francis in the Council’s Public Protection Team.

 

24.The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

25.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.

 

26.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.

 

27.The applicants should aim to achieve Secured by Design (SbD) award status for this development. SbD is an initiative owned by the Association of Chief Police Officers with the aim of providing an acceptable minimum standard of security and crime prevention measures within the built environment. The scheme has a proven history of reducing crime and generally improving the quality of life within communities. The principals and standards involved provide an excellent guide to effective and acceptable measures that can and should be adopted to reduce crime opportunities and otherwise prevent crime and anti-social behaviour. Details can be found on line at www.securedbydesign.com.