Agenda item

The planning officer, Lee Burman, introduced the report which recommended that the application should be granted permission subject to the conditions outlined in the report. The officer also drew the meeting’s attention to the late observations relevant to the application, circulated as a supplement, specifically that the Environment Agency had confirmed that the information and details submitted by the applicant team had addressed their concerns and as such they had written to confirm that their holding objection is now withdrawn. On this basis and as is set out in the report the Council’s drainage officers confirmed that their own objection were also withdrawn.

 

Issues highlighted in the course of the presentation and discussion included: the number of dwellings and the planning history on the site; that the site was subject to an approved application for residential housing including extra-care and age restricted dwellings; that the providers of the care home had withdrawn from the proposals, and the application had been submitted for all for un-age-restricted market housing and affordable housing; the issues of noise and security resulting from proximity to a industrial land; that the extant permission must be given significant weight in considering the proposals; the implications of the five year land supply, and the implications of NPPF guidance; and the previous consents for employment land and the extent of marketing of the site.

 

In response to a question from the members of the Committee, Lee Burman confirmed: that pending the signing of a legal agreement, the developer had agreed to pro-rata increase their financial contributions, including for education provision, arising from the increase in proposed housing numbers; that the minimum number of house required for the Housing Market Area had not been met and due to their being insufficient land allocated, that following recent appeal decisions Core Policy Two could not be given full weight in any deliberation; that the Environment Agency had wanted confirmation that previously requested drainage works had been undertaken, and that this had been confirmed; that the size of the affordable housing units was similar to the extant permission; that the solar panels had not been identified as a specific policy requirement, but that this could be encouraged as part of the discharge of conditions on materials; that private operator interest in providing care facilities had waned in other similar sites; that charges to residents for management costs were similar to schemes made in other sites; that there is no proposed bypass in any extant Development Plan Document or Local Transport Plan  document; that build out rates for the community area, along with those for the Housing Market Area, were being assessed; and that, as it had yet to be formally examined or adopted, the emerging local plan for Wootton Bassett could not be given significant weight.

 

Tim Block, Steve Watts, spoke in objection to the application.

Andrew Ball spoke in support of the application.

Cllr Paul Heaphy spoke on behalf of Royal Wootton Bassett Town Council

 

Cllr Chris Hirst spoke as the local division member.

 

Cllr Chris Hirst proposed, subsequently seconded by Cllr Terry Chivers, that the application could result in excessive flooding to the canal contrary to Core Policy 69, and in the further coalescence with Swindon.

 

Having been put to a vote, the motion was not passed.

 

Cllr Peter Hutton proposed, subsequently seconded by Cllr Christine Crisp, that the application be approved subject to the conditions outlined in the report.

 

Having been put to a vote, the meeting;

 

Resolved

 

To delegate authority to the Area Development Manager to grant planning permission subject to the signing of a Section 106 agreement within the next 6 months and the conditions listed below.

 

In the event that the S106 agreement is not signed in the next 6 months delegate authority to the Area Development Manager to refuse permission for the following reason:-

 

The application proposal fails to provide and secure the necessary and required Services and infrastructure supporting the proposed residential development including Affordable Housing; Waste; Public Open Spaces and their maintenance including maintenance provision for the Country Park; Air Quality Management; Traffic Regulation Order; and Pedestrian Footpath works  and is therefore contrary to Policies CP3 CP43 & CP55 of the Wiltshire Core Strategy Adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

 

Proposed Conditions and Informatives:-

 

WA1   FULL PLANNING PERMISSION -COMMENCEMENT 3 YEARS

 

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.

 

WB1   SUBSEQUENT APPROVAL OF MATERIALS FOR WALLS & ROOFS

 

No  development  shall  commence  on  site  until  details  and  samples  of  the materials to be used for the external walls and roofs 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.

 

WC1   APPROVAL OF LANDSCAPING BEFORE COMMENCEMENT

 

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;

•              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);

•              tree(s), of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428

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

 

WC2   LANDSCAPING TO BE CARRIED OUT & MAINTAINED

 

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.

 

WC6   PROTECTION OF RETAINED TREES

 

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 retention of trees on the site in the interests of visual amenity.

 

WC8   SUBMISSION OF LANDSCAPE MANAGEMENT PLAN

 

No development shall commence on site until a landscape management plan, including long-term design objectives, management responsibilities and maintenance  schedules  for  all  landscape  areas  (other  than  small,  privately owned, domestic gardens) has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved in accordance with the approved details.

 

REASON: To ensure the proper management of the landscaped areas in the interests of visual amenity.

 

WD1   CONSOLIDATED ACCESS

 

The residential dwellings hereby permitted shall not be first occupied until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

WD8   ROADS/FOOTPATHS ETC TO BASE COURSE BEFORE OCCUPATION

 

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.

 

WE3   NO ADDITIONS/EXTENSIONS OR EXTERNAL ALTERATIONS

 

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),   there   shall   be   no   additions/extensions   or   external alterations to any building forming part of the development hereby permitted.

 

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 external alterations.

 

WE6   NO GARAGES / OUTBUILDINGS

 

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), no garages, sheds, greenhouses and other ancillary domestic outbuildings shall be erected anywhere on the site on the approved plans.

 

REASON:  To safeguard the character and appearance of the area.

 

WE15 USE OF GARAGE

 

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.

 

NSC

 

Prior to the first occupation at the site the developer shall provide a scheme of footway / cycleway widening (3m) extending from the Interface Business Park access road onto the southern section Bincknoll Lane towards the 'Swallow Mead' bus stop. Full construction details shall be submitted to and approved in writing by the Local Planning Authority prior to construction taking place. The approved scheme shall be constructed in accordance with the approved details prior to the first occupation at the site and to the satisfaction of the Local Planning Authority.

 

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

 

NSC

 

No works shall commence on site until full evaluation of the existing public and S104 drainage systems have been checked for capacity to serve the site and where reinforcement / mitigation works are required these need to be completed before first occupation.

 

REASON:  to ensure no increase in downstream property flooding due to this development.

 

NSC

 

Prior to the commencement of works on site the excavation and re-profiling works to the Woodshaw Flood Storage Area approved within the Operation and Maintenance (O&M) Strategy (Issue 6 April 2011) under planning application references N/09/00871/OUT and N/10/03055/FUL shall have been completed in full and a condition survey report shall be submitted to the Local Planning Authority. The Woodshaw Flood Storage Area shall be maintained in accordance with the approved O&M Strategy and any subsequently approved surface water drainage details thereafter.

 

REASON: To ensure that the development can be adequately drained

 

WG4   DISPOSAL OF SEWERAGE –IMPLEMENTED

 

The development shall not be commenced until a foul water drainage strategy is submitted and approved in writing by the local Planning Authority in consultation with Wessex Water acting as the sewerage undertaker a drainage scheme shall include appropriate arrangements for the agreed points of connection and the capacity improvements required to serve the proposed development

Phasing

 

• the drainage scheme shall be completed in accordance with the approved details and to a

timetable agreed with the local planning authority.

 

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 property.

 

WH9   ECOLOGICAL ASSESSMENT (IMPLEMENTATION)

 

Prior to the commencement of works on site the mitigation measures detailed in the approved Ecological Management Plans in relation to planning application references N/09/00871/OUT & N/10/03055/FUL dated 28/2/2011, shall be carried out in full. Monitoring reports will be submitted in accord with the approved Ecological Management Plans.

 

REASON:  To  mitigate  against  the  loss  of  existing  biodiversity  and  nature habitats.

 

WM4       CONSTRUCTION METHOD STATEMENT

 

Nodevelopmentshallcommenceon site(includingany worksofdemolition), until aConstructionMethodStatement, whichshall include thefollowing:

 

a)    theparkingofvehiclesofsiteoperativesand visitors;

b)   loadingand unloadingof plantand materials;

c)    storageofplant andmaterialsused inconstructing the development;

d)   d)  theerectionand maintenanceof securityhoardingincludingdecorative displaysand  facilitiesforpublicviewing,whereappropriate;

e)    wheel washingfacilities;

f)     measurestocontroltheemissionofdustand dirtduringconstruction;

g)   aschemeforrecycling/disposingofwasteresultingfromdemolitionand constructionworks; and

h)   measuresfor the protectionofthenatural environment.

i)     hoursofconstruction,includingdeliveries;

j)     hasbeen submitted to,and approved in writingby,the Local PlanningAuthority. The   approved   Statement shall be complied with in ful  throughout   the constructionperiod. The developmentshallnot becarriedout otherwisethanin accordancewith theapprovedconstructionmethodstatement.

 

REASON:To minimisedetrimentaleffectstotheneighbouringamenities,the amenitiesoftheareaingeneral,detriment to thenatural environment throughthe risksofpollutionand dangerstohighwaysafety,during theconstructionphase.

 

NSC

 

The development hereby permitted shall not begin until a noise impact assessment and scheme for protecting the proposed dwellings and their cartilages from environmental and railway traffic noise has been submitted and approved by the Local Planning Authority.  Any works which form part of the scheme approved by the Local Planning Authority shall be completed before any permitted dwelling is first occupied, unless an alternative period is agreed in writing by the Local Planning Authority.

 

REASON:  In order to safeguard the amenities of the area in which the development is located.

 

NSC

 

No plant machinery or equipment shall be operated or repaired so as to be audible at the site boundary outside the hours of 0730 to 1800hrs Mondays to Fridays and between 0730 and 1400hrs Saturdays or at any time on Sundays or Bank Holidays.

 

REASON:  In order to safeguard the amenities of the area in which the development is located.

 

WM13APPROVED PLANS

 

The developmentherebypermitted shall be carried outin accordancewith thefollowingapprovedplans:

 

•              1629/01 REV F dated 06/02/106

•              1629/02 REV C dated 06/02/106

•              129/03 REV B dated 06/02/106

•              1629/03 REV B dated 06/02/106

•              1629/04 REV B dated 06/02/106

•              1269/06 REV A dated 06/02/106

•              1629/07 dated 06/02/106

•              1629/09 dated 01/03/2016

•              Lower Woodshaw House Types Booklet:

•              WAIN/PLAN/BC

•              WAIN/PLAN/NE15 REV A

•              WAIN/WR/01

•              WAIN/WR/02

•              WAIN/PLAN/DA/01

•              WAIN/PLAN/DA/02

•              WAIN/PLAN/DA/03

•              WAIN/PLAN/DA

•              WAIN/PLAN/DA SIDE

•              WAIN/PLAN/WOS/GARAGE

•              WAIN/PLAN/WO/SIDE

•              WAIN/PLAN/WO/01

•              WAIN/PLAN/WO/02

•              WAIN/PLAN/WO

•              WAIN/PLAN/SH15 REV A

•              WAIN/PLAN/ST15/01

•              WAIN/PLAN/ST15 REV A

•              WAIN/PLAN/SH15

•              WAIN/chau/01-1 REV A

•              WAIN/chau/01-2 REV A

•              WAIN/PLAN/FL/203/rent01 REV A

•              WAIN/PLAN/EL/204/rent REV A

•              WAIN/PLAN/FL/203/rent01

•              WAIN/PLAN/FL/HLe1/rent

•              WAIN/PLAN/FL/HKLplans/rent

•              WAIN/BL/2014/inter

•              WAIN/PLAN/FL/207 REV A

•              WAIN/PLAN/ENC REV A

•              Wain/gar/01 rev a

•              All dated 06/02/106

•              Wootton Bassett Feb 2016 Attenuation Pond As Built Survey Dated 08/03/2016

 

REASON:Forthe avoidance of doubtand in the interestsofproperplanning.

 

WP6       ALTERATIONS TO APPROVED PLANS

 

Any alterationstotheapprovedplans,broughtaboutby compliancewith Building Regulationsor any otherreason mustfirstbe agreedinwritingwiththeLocal PlanningAuthoritybeforecommencement of work.

 

WP8   REFERENCE TO SECTION 106 AGREEMENTS

 

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].

 

WP13 PUBLIC SEWERS

 

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer.  Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.Any alterationstotheapprovedplans,broughtaboutby the need to secure easements for Wessex Water Facilitiesmustfirstbe agreedinwritingwiththeLocal PlanningAuthoritybeforecommencement of work.

 

WP18 PERMISSION NOTAUTHORISING WORK ON LAND OUTSIDE THE APPLICANT'S CONTROL & PARTY WALL ACT

 

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.

 

RIGHTS OF WAY LEGAL ORDER

 

A legal order to divert the rights of way will have to be undertaken to implement this development. If the development proceeds without this order and obstructs a right of way, legal action must be taken against the developer. It is recommended that the developer applies for this order at the earliest opportunity.

 

WP31 MATERIAL SAMPLES

 

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.