Agenda item

The planning officer, Mark Staincliffe, introduced the report and outlined that the application was an outline planning application for the development of 53 residential dwellings, including access, car parking, landscaping and associated infrastructure. He explained that, should planning permission be granted, it would extinguish the extant planning permission for a garden centre on site.

 

It was highlighted that the application was for a change to a previously submitted and approved application; the application under consideration was for a larger site that had previously been granted permission. It was explained that the application now under consideration was a mix of previously developed land and greenfield land, whereas the smaller site was classified as previously developed land. Mr Staincliffe explained that, as planning permission had previously been consented for the smaller site; construction could commence on the section of the site that had obtained planning permission. A site location plan and indicative layout for the previously approved scheme were shown.

 

It was detailed that the site was adjacent to the Vastern Timber Mill and that an acoustic fence had been built to minimise any detrimental noise impact. Mr Staincliffe highlighted that the subsequent measurements of the noise impact from the sawmill had been classed as better than required by the planning condition attached to the original consent; the Council’s public protection team identified that the only noise disruption was from the main adjacent A4 road. Mr Staincliffe informed the meeting of the fact that the application was recommended to be delegated to the Area Development Manager, subject to the signing of a Section 106 agreement, which had to be signed within 6 months; otherwise the application would be refused.

 

Attention was drawn to the late list of observations provided with the agenda supplement. It was outlined that a toucan crossing had been proposed across the A4 road, to link the proposed development to the adjacent Derry Hill residential site. It was explained that, in principle, Highways officers had had no objection to the toucan crossing; however, it was not the responsibility of the Committee to decide upon whether such a crossing was deemed appropriate in the location shown on the indicative plans, in addition, the precise location would be controlled by planning condition, once the position had been agreed with the Council’s Highway department.

 

In response to technical questions from the Committee, Mr Staincliffe confirmed that the speed limit of the A4 road could be reduced to 50 mph, as well as the provision of the toucan crossing across the road.

 

Ioan Rees, Janet Robbins and Peter Barnes spoke in objection to the application.

 

Peter Lawson spoke in support of the application.

 

Cllr French (Calne Without Parish Council) also spoke in objection to the application.

 

Cllr Crisp spoke in her capacity as the local division member.

 

In the debate that followed several points were raised, such as the following: that as the Chippenham DPD Sites had been suspended, Wiltshire was currently unable to demonstrate a 5 year housing land supply; that for the previous 20 years, both the Parish Council and the local division member had been trying to regulate a speed restriction for the A4 road; should the application be granted, a huge improvement to road safety would be provided for the area; the potential of a greater buffer zone between the Vastern Timber Mill and the proposed residential dwellings, 10 metres was the distance suggested.

 

The Officer confirmed that, as the planning application was an outline and, therefore, the master plan submitted with the application was indicative, the 3 houses proposed in the top left-hand corner of the indicative layout plan could be altered and placed in the bottom left-hand corner; this would allow a greater gap between the sawmill and the residential dwellings and could be conditioned as such. Those present were further informed that the toucan crossing and the reduction of the speed limit would be a head of term with the Section 106 agreement; however, this could also be included as a condition, for added benefit to members. 

 

Cllr Crisp proposed that, with an added condition of a secure crossing being established across the A4 and a further condition that noted the inclusion of a 10 metre buffer of public open space between the sawmill and residential dwellings, that the application be granted planning permission subject to conditions and the signing of a Section 106 agreement. Cllr Marshall seconded Cllr Crisp’s proposal.

 

The motion was put to the vote and passed.

 

Resolved:

 

To grant planning permission, subject to the following conditions; (including the addition of 2 conditions stating that, notwithstanding the details shown on the indicative layout, no dwelling or its curtilage shall be within 10 metres of the Northern site boundary of the site (Boundary adjacent to Vastern Timber) and prior to the occupation of the first dwelling on the site, a controlled pedestrian crossing and a 2 metre wide footway shall have been provided on the A4 - in accordance with details which shall first have been submitted to and agreed by the local planning authority), and completion of a S106 legal agreement within six months of the date of the resolution of this Committee.

 

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 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

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        No more than 53 dwellings shall be developed on the application site edged red on the submitted Site Plan.

 

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

 

5        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.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission.

 

6        No development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, 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, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

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

 

7        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 public highway.

 

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

 

8        Prior to first occupation of any of the dwellings hereby approved, the noise mitigation measures set out in 'Emtec Noise Level Survey and Noise Control Measures'- Issue 18 July 2014 shall have been implemented & ‘Emtec Noise Level Survey and Noise Control Measures Addendum'- Issue 06 August 2015  in full. Once the works are complete and before the first occupation of any of the dwellings hereby approved a Noise Level Survey in accordance with  BS4142:1997 shall have been submitted to and approved in writing by the Local planning authority demonstrating that the noise levels from the sawmill have been suppressed so as to achieve a Rating Level of 35dB(BS4142:1997) at 1m from the nearest noise sensitive properties. This noise mitigation shall thereafter be permanently retained.

 

REASON: To ensure adequate residential amenities of future residents.

 

9        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.

 

10      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;

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.

 

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

Site Location Plan- Received 20 October 2015

Emtec noise survey dated 18 July 2014

Emtec noise survey dated 06 August 2015

Arboricultural Report dated 07 October 2015

Flood Risk Assessment Craddy’s Document Reference: 10318w0001

Planning Statement

Ecological Assessment

 

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

 

12      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

 

13      The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

 

14      No development shall commence on site until details of the pedestrian links from the development hereby approved to Footpath CALW65 and pedestrian links from the development to A4 have been submitted to and approved in writing by the local planning authority. Prior to the occupation of the 20th unit the approved details shall be provided.

 

REASON: To allow connectivity between the application site and Derry Hill and to ensure that the development is sustainable.

 

15      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 together with permeability test results to BRE365, has been submitted to and approved in writing by the Local Planning Authority.  The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

 

16      No dwelling built on the site shall be occupied until it has have been provided with car parking spaces in accordance with the minimum standards as required by the Wiltshire LTP 2011-2026 Car Parking Strategy. Any garage counted as a parking space shall have an internal dimension of at least 3m by 6m per space

 

REASON: To ensure adequate parking space is provided on site clear of the highway

 

17      No dwelling shall be occupied before the 20thdwelling hereby permitted is occupied, until:

 

a)       A scheme for the laying out and equipping of the play area shown on the submitted plan, to include landscaping, boundary treatment and provision for future maintenance and safety checks of the equipment has been submitted to and approved in writing by the Local Planning Authority and;

 

b) The play area has been laid out and equipped in accordance with the approved scheme.  

 

REASON: To ensure that the play area is provided in a timely manner in the interests of the amenity of future residents.

 

18      Prior to the commencement of the development Studley Lane shall be widened and improved in accordance with details which shall first have been submitted to and approved by the local planning authority. The details of the widening shall include the provision of a footway of minimum width 2 metres on the development side of the widened lane, and the provision of a bellmouth junction to the site, which shall include visibility splays for the access, and improvements, by way of forming a footway crossing, to the access retained for car parking for the adjacent sawmills site.

 

REASON: In the interests of highway safety

 

19 Notwithstanding the details shown on the indicative layout, no dwelling or its curtilage shall be within 10m of the Northern site boundary of the site (Boundary adjacent to Vastern Timber).

 

REASON: In the interests of the residential amenities of future occupiers.

 

20 Prior to the occupation of the first dwelling on the site, a controlled pedestrian crossing and a 2 metre wide footway shall have been provided on the A4 in accordance with details which shall first have been submitted to and agreed by the local planning authority.

 

REASON: In the interests of highway safety

 

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:

 

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.

 

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:

 

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.

         

INFORMATIVE TO APPLICANT:

 

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development.  Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.