Agenda item

A report by the Case Officer is attached.

The following people spoke against the application:

Mr Martin Haffenden, a local resident

Cllr Richard Wood, representing Melksham Without Parish Council

 

The following person spoke in support of the application:

Mr Michael Robson, of Strutt & Parker LLP, representing the applicant

 

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application, with a recommendation that the granting of planning permission be delegated to the Area Development Manager, subject to the prior completion of a legal agreement within the next six months to cover matters identified within section 9.9 of the report and subject to planning conditions.

 

It was noted that the application was a resubmission of a previously refused application (ref 14/07526/OUT) which had been determined by this Committee on 21 January 2015 the day after the Core Strategy was adopted by the Council.

 

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

 

Members then heard the views of Cllr Roy While, the local Member, who whilst appreciating the concerns of those who had objected, was in general support of the application.

 

After some discussion,

 

Resolved:

 

To delegate to the Area Development Manager to grant planning permission, subject to:

(1)       the prior completion of a legal agreement, within the next 6 months, to cover the following matters:

 

·      affordable housing

·      education

·      open space & play provision

·      highways

·      refuse infrastructure

·      public art

·      village hall

 

(2)           and subject to the following planning conditions:

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 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

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:

Location Plan DWG NO 3878_001B received 19 January 2016

Site Access Plan DWG NO 30523/5505/SK01 rev C received 16 February 2016

Parameter Plan DWG NO 3878_020_B received 20 April 2016

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

5.            No development shall commence on site until:

·           A scheme for the preservation and enhancement of the old line of the Wilts and Berkshire Canal and a written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

·           The approved programme of archaeological work has been carried out in accordance with the approved details.

REASON: To enable the conservation and recording of any matters of archaeological interest.

6.            No development shall commence on site until a scheme that includes the following components to deal with the risks associated with contamination on the site have been submitted to and approved, in writing, by the local planning authority:

1)  A preliminary risk assessment which identifies:

a)    Potential contaminants associated with those uses

b)   A conceptual model of the site indicating sources, pathways and receptors

c)    Potentially unacceptable risks arising from contamination at the site.

2) A site investigation scheme, based on point 1 above 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 point 2 above; 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 as required by point 3 above 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

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

7.            No development shall commence on site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include, but not necessarily be limited to, the following:

 

a)    Risk assessment of potentially damaging construction activities;

b)   Identification of ‘biodiversity protection zones’;

c)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements), including reptiles, badgers, nesting birds, great crested newts, hedgerows, bats, veteran willow trees;

d)   The location and timing of sensitive works to avoid harm to biodiversity features (e.g. daylight working hours only starting one hour after sunrise and ceasing one hour before sunset); 

e)    The times during construction when specialists ecologists need to be present on site to oversee works;

f)     Responsible persons and lines of communication;

g)   The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person(s);

h)   Use of protective fences, exclusion barriers and warning signs, including advanced installation and maintenance during the construction period;

i)     An Ecological Mitigation Plan to provide a visual representation of all required mitigation measures;

j)     Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

A report should be prepared by a professional ecologist / the Ecological Clerk of Works certifying that the required mitigation and/or compensation measures identified in the CEMP have been completed to their satisfaction, and detailing the results of site supervision and any necessary remedial works undertaken or required, shall be submitted to the Local Planning Authority for approval within 3 months of the date of substantial completion of the development or at the end of the next available planting season, whichever is the sooner. Any approved remedial works shall subsequently be carried out under the strict supervision of a professional ecologist following that approval.

 

REASON: To ensure adequate protection, mitigation and compensation for protected species, priority species and priority habitats, to ensure that approved mitigation and compensation works are carried out and completed as approved and in line with current best practice guidelines, and to ensure adequate professional ecological expertise is available to assist those implementing the development to comply with statutory requirements, planning conditions and any relevant protected species licence, during construction.

8.            No development shall commence on site until aLandscape and Ecological Management Plan (LEMP) has been submitted to, and approved in writing by, the Local Planning Authority. The content of the LEMP shall include, but not necessarily be limited to, the following information:

a)           Full specification of habitats to be created, including locally native species of local provenance and locally characteristic species, including planting at the site entrance to minimise disturbance to bats emerging from/returning to the roost in the farmhouse, habitat creation for great crested newts, infill and reinforcement planting of existing hedgerows and new hedgerow planting, species-rich wildflower meadows and tussocky grasslands and SUDS wetlands;

b)           Description and evaluation of features to be managed; including location(s) shown on a site map;

c)           Landscape and ecological trends and constraints on site that might influence management;

d)           Aims and objectives of management;

e)           Appropriate management options for achieving aims and objectives;

f)             Prescriptions for management actions;

g)           Preparation of a work schedule (including an annual work plan capable of being rolled forward over a 5-10-year period);

h)           Details of the body or organisation responsible for implementation of the plan;

i)             Ongoing monitoring and remedial measures;

j)             Timeframe for reviewing the plan;

k)           Details of how the aims and objectives of the LEMP will be communicated to the occupiers of the development.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

The plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented.

The LEMP shall be implemented in full in accordance with the approved details.

REASON: To ensure the long-term management of protected and priority habitats and other landscape and ecological features, and to maintain and enhance these habitats and features in perpetuity.

9.            No development shall commence on site until a lighting design strategy for biodiversity for buildings, features or areas to be lit shall be submitted and approved in writing by the local planning authority. The strategy shall:

a)         Identify those areas/features on site that are particularly sensitive for foraging and commuting bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, foraging;

b)        Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications, including a Lux plot) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places; and

c)         Specify luminaires, heights and positions of fittings, direction and other features, e.g. cowls, louvres or baffles

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

REASON: To minimise light spillage into hedgerows and trees, to ensure no illumination of the bat roost and to maintain dark foraging and commuting corridors for bats, particularly along the northern boundary hedgerow. No development shall commence on site until a scheme for the preservation and enhancement of the old line of the Wilts and Berkshire Canal and a written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and the approved programme of archaeological work has been carried out in accordance with the approved details.

10.         No development shall commence on site 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.

11.         No development shall commence on site until a scheme for mitigating the effects of noise on the approvedhousing from road traffic has been submitted to and approved in writing by the Local Planning Authority. All works comprised in the approved scheme shall be completed in accordance with a timetable to be agreed with the local planning authority.

REASON: To minimise the disturbance which that could otherwise be caused to incoming occupiers by noise from road traffic

12.         No development shall commence on site (including any demolition works), until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority; 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)   wheel washing facilities;

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

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

g)   measures for the protection of the natural environment.

h)   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.

13.         No development shall commence on site until a dust suppression scheme is submitted to and approved in writing by the Local Planning Authority. The suppression scheme should be designed to minimise windblown dust from affecting adjoining neighbouring properties. This scheme should cover all the phases of the construction site, including earth works, spoil heap storage, vehicle movements and cutting of materials.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner.

14.         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. No part of the development shall be 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 serving that part of the development have all been constructed and laid out in accordance with the approved details.

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

15.         No development shall commence on site until a waste audit regarding the construction of the site (part a-g) of Policy WCS6 of the Waste Core Strategy) has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

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

16.         No development shall commence on site until details of the storage of refuse, including details of location, size, means of enclosure and materials have been submitted to and approved in writing by the Local Planning Authority. No dwellinghouse shall be first occupied until the approved refuse storage for that dwelling has been completed and made available for use in accordance with the approved details and it shall be retained in accordance with the approved details thereafter

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner.

17.         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.

18.         No development shall commence on site 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 which should include the following:

•      the 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.

•      No dwellinghouse shall be first occupied until foul water drainage has been constructed in accordance with the approved scheme

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

19.         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 is adequately drained.

20.         Prior to first occupation of any dwellinghouse the access shall have been provided in accordance with Peter Brett Associates plan 30523/5505/SK01/C.

REASON: In the interests of highway safety.

21.         Prior to first occupation of any dwellinghouse the access shall be provided with visibility splays at a height not exceeding 600m above carriageway level from a point measured 2.4 metres set back along the centre line of the access to points on the nearside carriageway edge 54 metres to the north and 44 metres to the south. The visibility so provided shall thereafter be maintained and kept clear of obstruction in perpetuity.

To safeguard visibility in perpetuity in a southern direction, the applicant/developer shall submit details and exact siting of a boundary fence or wall measuring 1.8m high to be positioned in front of the existing boundary hedgerow facing Semington Road which requires to be cut back – the extent of which shall be agreed in writing by the Local Planning Authority, in consultation with the Highway Authority.

REASON: In the interests of highway safety.

NOTE: The above Grampian condition relates to land within either the applicant’s control/ownership or on highway land. 

22.         Prior to first occupation of any dwellinghouse on the southern half of the red-lined site the emergency vehicle / pedestrian / cycle route access to Semington Road shall be provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The details so submitted shall include a 3.5 metre surfaced width route, and lockable, removable staggered barriers, closing the route to general motor vehicle use.

REASON: In the interests of highway safety.

23.         Prior to first occupation of any dwellinghouse the emergency access to Semington Road shall be provided with visibility at a height not exceeding 600m above carriageway level from a point 1 metre set back along the centre line of the access to a point on the nearside carriageway edge 43 metres to the north. The visibility so provided shall thereafter be maintained and kept available in perpetuity.

REASON: In the interests of highway safety.

24.         Prior to first occupation of any dwellinghouse on the southern half of the red-lined site a lowered kerb, tactile pedestrian crossing point shall have been provided opposite the emergency access to Semington Road in accordance with details to be first submitted to and approved by the Local Planning Authority.

REASON: In the interests of highway safety.

25.         Prior to first occupation the roads, including footpaths and turning spaces, shall be constructed so as to ensure that 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.

26.         No dwellinghouse shall be occupied until the parking space(s) together with the access thereto, have been provided in accordance with Council policy and parking standards.

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

27.         No dwellinghouse shall be 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.

28.         No dwellinghouse shall be occupied until a public art scheme for the site and a timetable for its subsequent installation have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure the proposal complies with the relevant public art policies.

29.         No demolition or construction works on the site shall take place outside the following hours: 08:00 to 18:00 Mondays to Fridays; and 08:30 to 13:00 on Saturdays; and at any time on Sundays or Bank Holidays.

REASON: In the interest of protecting the amenity of nearby residential properties.

30.         No burning of waste materials shall be permitted on the site at any time.

REASON: In the interest of protecting the amenity of nearby residential properties

31.         The dwellings hereby permitted shall meet the relevant requirements of energy performance equivalent to Level 4 of the Code for Sustainable Homes. The development shall not be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 or its equivalent has been achieved.

REASON: To comply with Core Policy 41 of the Wiltshire Core Strategy 2015

32.         No dwelling or its curtilage shall be located within the boundary of the predicted 3OUem3 zone from the existing Wessex Water sewage treatment works as defined on Parameter Plan 3878_020_B received the 20 April 2014.

REASON: In the interest of protecting the amenity of future residents.

 

INFORMATIVE 1: This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 (and to be dated).

INFORMATIVE 2: The applicant is encouraged to approach the lead local flood authority to discuss potential modelling of the brook and to appreciate additional flows.

INFORMATIVE 3: 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:

http://www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy

INFORMATIVE 4: 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

•      wheel-washing facilities

•      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.

INFORMATIVE 5: Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws the prior written consent (Flood Defence Consent) of the Environment Agency is required for any proposed works (permanent or temporary) or structures in, under, over or within 8 metres of the top of the bank of the Berryfield Brook, designated a ‘main’ river. The need for this consent is over and above the need for planning consent. The applicant is advised to contact Daniel Griffin on 01258 483421 to discuss the scope of our controls.

INFORMATIVE 6: There are ordinary watercourses within or in close proximity to your site. If obstructions to the flow in the watercourses are intended (permanently or temporarily, including culverting) the prior Land Drainage Consent from Wiltshire Council as the Lead Local Flood Authority will be required. The Drainage Team can be contacted at the following link to discuss their requirements:

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

INFORMATIVE 7: With regards refuse collection, the council will only operate on private land where an indemnity is signed by the landowner. The council will also require an indemnity to operate on any roads prior to their adoption

INFORMATIVE 8: 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 the condition relating to water efficiency will include a water usage calculator showing how the development will not exceed a total (internal and external) usage level of 110 litres per person per day.

INFORMATIVE 9:  The applicant should note that under the terms of the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place.  Please note that this consent does not override the statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please see these websites for further information: http://www.wiltshire.gov.uk/planninganddevelopment/biodiversityanddevelopment.htm http://www.naturalengland.org.uk/ourwork/planningdevelopment/spatialplanning/standingadvice/faq.aspx https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals

INFORMATIVE 10: There is a low risk that Great crested newts are present on the application site. This species is protected under The Conservation of Habitats and Species Regulations 2010 (as amended), which implements the EC Directive 92/43/EEC in the United Kingdom, and the Wildlife and Countryside Act 1981 (as amended). Please be advised that, if great crested newts are discovered, all works should stop immediately and Natural England (NE) should be contacted for advice on any special precautions before continuing, as a derogation licence may be required.

INFORMATIVE 11: The applicant is requested to note the concerns of Committee Members in respect of the lack of a footway along the eastern side of Semington Road.  It is recommended that this is given further consideration with a view to ascertaining whether subsequent improvements could be made to deliver a footway along the eastern side of the highway to the controlled crossings. Council officers are willing to provide advice and support in this matter if required.