Agenda item

A report by the Case Officer is attached.

The following people spoke against the application:

Mr Francis Morland, a local resident

Mr Garth Brocksopp, a local resident

Cllr Sonja Harris, representing Dilton Marsh Parish Council

Cllr Ian Cunningham, representing Westbury Town Council

 

The following people spoke in support of the application:

Ms Margaret Pell, representing the West Wiltshire Youth Sailing Association

Mr Alex Wozniczko, Associate Director, Awcock Ward Partnership

Mr Johnny Kidney, Director, Sulis Public Affairs

 

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.  Members were informed that the proposal was a hybrid planning application which sought outline planning permission for the erection of up to 300 dwellings; and full permission for the erection of a sailing club house and a new access on to Station Road. There was a recommendation that the application be delegated to the Area Development Manager to grant planning permission, subject to the prior completion of a Section 106 legal agreement and conditions.

 

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. It was pointed out by the team leader that the Section 106 legal agreement would require the developer to provide £2 million towards the future provision of a bridge over part of the railway line which is a recognised Council priority and required to ease traffic congestion in Westbury.  The merits and necessity of having a 10 year clawback trigger was discussed. Members were informed that from previous planning permissions £1 million had already been bonded to contribute towards the delivery of the bridge, but a further £1 million was required to cover all the costs including contingencies for the bridge before it could be constructed.

 

Members were also informed of the other s106 developer obligations as set out in the officer’s report and the agenda supplement.  The team leader also informed members that the application proposal had been subject to a formal viability appraisal, assessed by both officers and independent review; and that it had been substantively shown that for the scheme to be viable, it could not contribute towards any education or affordable housing provision.  The team leader advised the committee that at pre-app stage, the Council’s education team had confirmed that the developer would not be required to pay any financial contributions for education purposes claiming at preapp consultation stage that the two primary schools and one secondary school in the designated area all had capacity to accommodate the additional pupils generated by the development, and that there was sufficient early years provision within the town. Members were informed that the education team had changed their position during the formal planning application consultation stage.  Planning officers considered the changed position to be unreasonable given that the consultation response was relatively recent and that it had substantively informed the developer before progressing with a formal planning submission.

 

Members were reminded that site viability was a material planning consideration and given that the scheme had been appraised in terms of viability, and that the applicant’s had progressed the application submission shortly after the closure of the preapp, the team leader advised members that it would be unreasonable to obligate the developer to contribute towards education in this particular case.

 

Members were also informed that the development could not be financially hindered by affordable housing s106 obligations because of site viability.  Members were advised that contributions could however be disaggregated for education and affordable housing (in addition to the referenced s106 obligations which would be imposed on the developer), but it was important to record that would consequently mean reducing the amount of money being directed to the delivery of the bridge; and given the delivery of the bridge had priority status, officers recommended that the money be directed for the future delivery of the bridge.  To dilute the sum of money away from the bridge would potentially compromise its future delivery.  Members were also informed that the Government was presently considering broadening the definition of affordable housing and that, if approved, at reserved matters stage, different types of affordable housing could still be accommodated within the scheme.

 

 

Members then heard the views of Cllr Russell Hawker, the local Member, who generally supported the application but did acknowledge the problems associated with the provision of the bridge and the traffic problems that would result until such time as the bridge was provided.

 

During discussion, Members expressed similar views regarding the provision of the bridge over the railway and considered that until the bridge was built the housing proposal would lead to a ‘cul-de-sac’ development and more traffic on the already congested Oldfield Road.  It was also noted that Dilton Marsh Parish Council considered that the development would lead to more traffic movements through the village but this had been disputed by the Traffic Engineer. 

 

Resolved:

 

To delegate to the Area Development Manager at a future date the decision to 1) grant full planning permission for the erection of the sailing club and its associated works (subject to conditions numbered 1-7) and; 2) grant outline planning permission for the residential development and associated works, subject to the prior completion of a s106 legal agreement covering the matters set out in Section 10 and the agenda supplement (dated 5 May 2016) which lists the developer obligations (subject to conditions numbered 8-32).

 

The s106 heads of terms shall comprise:

 

·         The developer/applicant shall be required to pay £2million towards the cost of building a bridge over the railway line (to be subject to a 10 year clawback trigger);

·         Sufficient land shall be safeguarded and kept free from development to ensure it is available to construct a bridge over rail line at a future stage (avoiding any ransom strips) and to include sufficient land for necessary bridge approaches, ramps and embankments;

·         Sufficient land shall be safeguarded and kept free from development to make provision for a future second vehicular access to the railway station via the existing railway yard access road located to the north side of the site;

·         The developer shall bear the costs of providing all the necessary highway infrastructure within the development site;

·         The developer/applicant is required to cover the costs of all necessary TROs (Traffic Regulation Orders) to restrict parking within the development;

·         The developer/applicant is required to cover the costs of amending Traffic Regulation Orders on Station Road;

·         There is a requirement for a s278 agreement for the works on Station Road, including provision for new bus stops and footway extensions;

·         There is a requirement for a s278 agreement for the works on the Mane Way/Oldfield Rd junction;

·         The developer/applicant shall be required to pay a commuted sum of £26,586 (to be index linked) for the provision of refuse and recycling bins on site;

·         The developer/applicant is required to pay a commuted sum of £1,698 for air quality action planning projects;

·         The developer/applicant is required to set up and confirm the responsibilities of an on-site management company to maintain all the public open space and the County Wildlife Site; and,

·         The developer/applicant is required to make an on-site provision of 96100m2 of adoptable open space of which 11009m2 shall be allocated as specific play space (including allotments totalling 1062m2 of space).

 

And the following conditions and informatives:

 

Recommended conditions for the full planning permission for the sailing club:

 

1.            The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

 

REASON:  To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004

 

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

0562-1002 (Location plan); 01D (Site plan - Clubhouse); 10C (Ground floor plan - Clubhouse); 11 (Roof plan - Clubhouse); 12 (Elevations - Clubhouse); 13 (Elevations - Clubhouse); 2409/P28a (Plan 3: Proposed Sailing Club – Tree Protection Strategy); PHL-003 rev C (Site access Sailing clubhouse Station)

 

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

 

3.            No demolition, site clearance or development shall commence on the Sailing Clubhouse site (dwg no. 0562-1002) until the tree protection fencing as detailed on dwg no. 2409/P28a has been erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase of the Sailing Club and until all equipment, machinery and surplus materials have been removed from the Sailing Club site. Such fencing shall not be removed or breached during construction operations.

 

REASON: In order that the development is undertaken in an acceptable manner and to enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

4.            The Sailing Clubhouse hereby approved shall not be brought into use until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans (dwg no. 01D). The area shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety

 

5.            No external lighting shall be installed on the Sailing Clubhouse site (dwg no. 0562-1002) until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication “Guidance Notes for the Reduction of Obtrusive Light” (ILE, 2005)”, have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of biodiversity, the amenities of the County Wildlife Site and to minimise unnecessary light spillage above and outside the development site.

 

6.            No demolition, ground works and vegetation clearance associated with the sailing club (dwg no. 0562-1002) shall take place 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’ and method of protection (e.g. retained County Wildlife Site habitats and vegetation);

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) (e.g. pre-badger and nesting bird surveys may be required, sensitive construction of lake-side facilities, including slipway);

d)                   The location and timing of sensitive works to avoid harm to biodiversity features;

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)                     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 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 of retained habitats within the County Wildlife Site, protected species and sensitive working practices in relation to the lake (to avoid water pollution and reduction in water quality) associated with the construction of the sailing club, in the interests of biodiversity.

 

7.               The slipways, jetties and ground preparation works shall be provided before any dwellings approved under the associated outline planning permission are first occupied.

 

REASON: To secure the necessary alternative provision of the facilities that are to be lost as a result of the development.

 

Conditions relating to the outline planning permission for the erection of up to 300 dwellings, public open space, highway infrastructure and associated works with all matters reserved except access

 

8.            The development hereby permitted shall be begun either before the expiration of five 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.

 

9.            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.

 

10.         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.

 

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

0562-1000 (Location plan); 0562-1001 (Constraints plan); SK02 0563-2000 (Illustrative layout); 2409/P17h (Landscape strategy); 0562-2005 rev A (Parameters Plan) received 18 April 2016; Access (Station Road) - PHL-002 rev G (Site access junction Station Road); ATR-201 rev F (HGV and bus tracking Station Road access)

 

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

 

12.         No development shall commence on site until a scheme for the discharge of surface water from the site, incorporating sustainable drainage details, 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: 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 that the development can be adequately drained.

 

13.         No development shall commence on site until a scheme for the discharge of foul water from the site, including any required offsite capacity improvements to existing sewer system to provide capacity to serve the site, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

 

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 that the development can be adequately drained.

 

14.         No development approved by this permission shall commence 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.

15.         No development shall commence on site (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition), until steps (i) to (iii) below have been fully complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until step (iv) has been complied with in full in relation to that contamination.

 

Step (i)         Site Characterisation:

An investigation and risk assessment must be completed to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings submitted to and approved in writing by the Local Planning Authority. The report of the findings must include:

 

-                                                          A survey of the extent, nature and scale of contamination on site;

-                                                          The collection and interpretation of relevant information to form a conceptual model of the site, and a preliminary risk assessment of all the likely pollutant linkages;

-                                                          If the preliminary risk assessment identifies any potentially significant pollutant linkages a ground investigation shall be carried out, to provide further information on the location, type and concentration of contaminants in the soil and groundwater and other characteristics that can influence the behaviour of the contaminants;

-                                                          An assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwater and surface waters, ecological systems, archaeological sites and ancient monuments;

This must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11” and other authoritative guidance.

 

Step (ii)         Submission of Remediation Scheme:

If any unacceptable risks are identified as a result of the investigation and assessment referred to in step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared. This should detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment, should be submitted to and approved in writing by the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures.

 

Step (iii)        Implementation of Approved Remediation Scheme:

The approved remediation scheme under step (ii) must be carried out in accordance with its requirements. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works.

 

Step (iv)         Reporting of Unexpected Contamination:

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it should be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment should be undertaken in accordance with the requirements of step (i) above and where remediation is necessary, a remediation scheme should be prepared in accordance with the requirements of step (ii) and submitted to and approved in writing by the Local Planning Authority.

           

Step (v)          Verification of remedial works:

Following completion of measures identified in the approved remediation scheme a verification report (referred to in PPS23 as a validation report) must be produced. The report should demonstrate the effectiveness of the remedial works.

 

A statement should also be provided by the developer which is signed by a person who is competent to confirm that the works detailed in the approved scheme have been carried out (The Local Planning Authority can provide a draft Remediation Certificate when the details of the remediation scheme have been approved at stage (ii) above).

 

The verification report and signed statement should be submitted to and approved in writing of the Local Planning Authority.

 

Step (vi)         Long Term Monitoring and Maintenance:

If a monitoring and maintenance scheme is required as part of the approved remediation scheme, reports must be prepared and submitted to the Local Planning Authority for approval at the relevant stages in the development process as approved by the Local Planning Authority in the scheme approved pursuant to step (ii) above, until all the remediation objectives in that scheme have been achieved.

 

All works must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11” and other authoritative guidance.

 

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 that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 

 

16.         No development shall commence on the residential dwellings hereby approved until a scheme for protecting the residential dwellings against noise from the railway line; industrial noise from the railway sidings and any distributor roads, including a timetable for its implementation, has been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in accordance with the approved scheme.

 

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 minimise the disturbance to incoming occupiers.

 

17.          Development of the houses shall not commence until details for the provision of a water supply and fire hydrants necessary to meet the fire-fighting needs of the development (including the installation arrangements and the timing of such an installation) have been submitted to and approved in writing by the Local Planning Authority.  The approved measures shall be implemented in full accordance with the agreed details.

 

REASON: To ensure that adequate measures for fire-fighting can be incorporated into the development, including the construction phase.

 

18.         No development shall commence on site until the new roundabout access on Station Road has been constructed in accordance with the approved plans (PHL-002 rev G – proposed site access junction Station Road)

 

REASON: In the interests of highway safety.

 

19.         Prior to the commencement of the development, and notwithstanding the details shown on the submitted drawings, a detailed design scheme for the site transport infrastructureand a programme for its completion shall be submitted to and approved in writing by the Local Planning Authority for a new cycle track to link the development to Westbury railway station. The scheme shall include a new 3 metre wide cycle track alongside the existing station access road serving the goods yard area. The scheme shall be constructed in accordance with the approved designs and construction programme.

 

REASON:In orderto provideadequate sustainabletransport facilitiesto connectthe site to the rail station and tohelp mitigate transport impacts.

 

20.         Notwithstanding the details shown on the submitted drawings, no development shall commence on the residential development 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 dwelling shall 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 serving that part of the development have been constructed and laid out in accordance with the approved details, ensuring a properly consolidated and surfaced footpath and carriageway to at least base course level to the existing highway. 

 

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 that the roads are laid out and constructed in a satisfactory manner.

 

21.         No dwelling shall be first occupied, until a Green Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

 

REASON: In the interests of road safety and reducing vehicular traffic to the development

 

22.         No development shall commence on the residential development until a Residential Waste Minimisation and Waste Management Plan for that part of the site has been submitted to and approved in writing by the Local Planning Authority. The Residential Waste Minimisation and Waste Management Plan shall include details of the volume and type of waste to be generated; re-use of materials and proposals for on and off site recycling; storage of re-cycling and waste collection facilities; proposals for and implementation of waste reduction; and proposals for the review and updating of the Residential Waste Management Plan.

 

REASON: In the interests of sustainable development.

 

23.         The dwellings hereby approved shall achieve a level of energy performance at or equivalent to Level 4 of the Code for Sustainable Homes.  No dwelling shall be occupied until evidence has been issued and submitted to, and approved in writing by, the local planning authority certifying that this level or equivalent has been achieved.

 

REASON: To ensure that the objectives of sustainable development equal or equivalent to those set out in Policy CP41 of the Wiltshire Core Strategy are achieved.

 

24.         No development shall commence on site 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) 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: 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 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.

 

25.         The Mitigation and Enhancement Strategy in Section 4 of the Ecological Assessment dated 18 December 2015 and as outlined in the ecological statement ‘2409_R07c Ecology Consultation Response_KB_HM_140416’, both by Tyler Grange LLP, shall be used to produce a CEMP and LEMP required by Conditions 26 and 27 respectively.

 

REASON: In the interests of biodiversity, to ensure adequate translation of the mitigation, compensation and enhancement requirements of the development into the CEMP and LEMP, as detailed in the original ecological documentation submitted with the outline planning application.

 

26.         No development shall take place (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:

1.    Risk assessment of potentially damaging construction activities;

2.    Identification of ‘biodiversity protection zones’;

3.    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 a sensitive construction strategy for the highway works alongside the County Wildlife Site lake, updated badger survey and method statement, further tree survey of G11z, if required, for bats and detailed mitigation strategies for water voles (including details of wetland habitat creation) and reptiles (including a translocation methodology);

4.    The location and timing of sensitive works to avoid harm to biodiversity features;

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

6.    Responsible persons and lines of communication;

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

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

9.    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 prepared by 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: In the interests of biodiversity; to ensure adequate protection, mitigation and compensation for protected species, priority species and priority habitats; to ensure that 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.

 

27.         A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority before commencement of the development. 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;

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 and how these will be dealt with;

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(ies) or organisation(s) responsible for implementation of the plan, including a specialist body/organisation/contractor with wildlife-related experience and/or qualifications to specifically manage the County Wildlife Site;

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; and a

l)             Separate management plan for the sailing club area.

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 the County Wildlife Site, protected and priority habitats and other landscape and ecological features, and to maintain and enhance these habitats and features for the lifetime of the development.

 

28.         Before development takes place on site, a final version of the Ecological Mitigation (and Enhancements) Plan shall be submitted to the Local Planning Authority for approval, including finalised figures of habitat loss and habitat compensation to ensure no net loss of biodiversity. Development shall be carried out in full accordance with the approved plan.

 

REASON: to ensure all ecological mitigation requirements are clearly shown on a site plan and are implemented.

 

29.         The detailed design of the play areas and teenager facilities, as shown on the Landscape Strategy, shall incorporate mitigation measures in accordance with the ‘Ecological Statement’ (ref. 2409_R07c Ecology Consultation Response_KB_HM_140416) and Ecological Assessment report dated 18 December 2015 by Tyler Grange LLP.

 

REASON: In the interests of biodiversity, to minimise impact on greater horseshoe bat commuting routes and the Bath and Bradford on Avon Bats Special Area of Conservation.

 

30.         Before development takes place, a lighting design strategy for biodiversity 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 greater horseshoe bats and that are likely to cause disturbance 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; 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 and to maintain dark foraging and commuting corridors for greater horseshoe bats linked to the Bath and Bradford on Avon Bats Special Area of Conservation.

 

31.         Before the commencement of works to create the access road and roundabout into the development site, a ‘Highway Construction Ecological Mitigation Strategy’ shall be submitted to the local planning authority for approval. The strategy shall include measures to reduce water pollution, retain water quality and minimise disturbance to water fowl and other wildlife. The approved strategy shall be implemented in full.

 

REASON: To ensure adequate mitigation measures are put in place during the construction of the new road into the development site alongside the lake, which is part of the Westbury Lakes (South) County Wildlife Site.

 

32.         No development shall commence within the southwest section of the site as defined by plan ref ‘Fig No. 3 (Trench Location Plan)’  within the document ‘Land at Westbury Sailing Lake Phase 2: Archaeological Evaluation’ until:

 

a)                           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

 

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

 

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

 

PLANNING INFORMATIVES

 

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

 

2.            The applicant is advised that the development hereby approved represents chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. A separate Community Infrastructure Levy Liability Notice will be issued by the Local Planning Authority. Should you require further information with regards to CIL please refer to the Council's Website

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

 

3.            The Principal Street as shown on the Illustrative Master Plan (dwg no. 0563-2000) shall be designed in full accordance with design principles as enshrined within the Manual for Streets (MfS).

 

4.            The bridge should be designed in such a way as to incorporate sufficient space for cyclists and pedestrians to traverse safely.

 

5.            Any works to/on/over/under watercourses (open or culverted) or within 8m of it will require separate Land Drainage Consent/Council drainage bye law approval  from the LLFA – this is separate to the planning system and gaining planning does not mean automatic approval of LDC. In fact details may have to change to gain LDC which may result in the need to reapply for planning permission.

 

6.            A robust landscape framework for the development must be carried through to the detailed design stages. The distinctive hierarchy of streets with choice of planting and hard materials should reflect the local character and should include street trees. Individual gardens should be well designed with adequately sized planting beds and garden trees.

 

The following will need to be addressed in the reserved matters:

1.    Detailed layouts for all areas of open space;

2.    Details of proposed soft landscape scheme, to include planting species, sizes and densities, and specification;

3.    Details of proposed hard landscape scheme including SuDs;

4.    Landscape and Ecology Management Plan outlining the aftercare and maintenance for a 5 year period;

5.    Details of proposed lighting scheme; and

6.    Details of play areas and management plans.

 

7.            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 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.

 

8.            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

- 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.

The applicant should refer to the Environment Agency's Pollution Prevention Guidelines at:
https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg 

 

9.            Public surface water sewers serving existing development to the east of the railway track discharge to Westbury sailing lake via ditches as illustrated on the applicant’s Preliminary Drainage Layout (0337 PDL-100 A). If additional unchartered sewers are located the applicant should contact Wessex Water for further advice and agreement.

 

10.         The development appears to be located on an area of land previously under the ownership of Network Rail. Often these sites are sold and are subject to a demarcation or covenant agreement which may include particular rights in relation to the safe operation of the railway and associated infrastructure. It must be considered when Network Rail has access rights over the development site; access must not be blocked or restricted at any time. The applicant must comply with all post sale covenants in the demarcation agreement and understand the implications this will have on the implementation of this development. Any representations made are without prejudice to those rights and obligations and on the basis that they do not imply that Network Rail’s approval under the demarcation agreement will be given for the proposed development or for any part of it.

 

11.         If not already in place, the Developer/applicant must provide at their expense a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s boundary and make provision for its future maintenance and renewal without encroachment upon Network Rail land. Network Rail’s existing fencing /wall must not be removed or damaged and at no point either during construction or after works are completed on site should the foundations of the fencing or wall or any embankment therein be damaged, undermined or compromised in any way. Any vegetation on Network Rail land and within Network Rail’s boundary must also not be disturbed.

 

12.         No work should be carried out on the development site that may endanger the safe operation of the railway or the stability of Network Rail’s structures and adjoining land In view of the close proximity of these proposed works to the railway boundary the developer should contact Richard Selwood at Network Rail on before works begin.

 

13.         All roads, paths or ways providing access to any part of the railway undertaker’s land shall be kept open at all times during and after the development.

 

14.         It is recommended that all buildings be situated at least 2 metres from the boundary fence, to allow construction and any future maintenance work to be carried out without involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail land the design of foundations close to the boundary must take into account the effects of root penetration in accordance with the Building Research Establishment’s guidelines.

 

15.         Where vibro-compaction/displacement piling plant is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of Network Rail’s Asset Protection Engineer prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.

 

16.         All excavations / earthworks carried out in the vicinity of Network Rail’s property / structures must be designed and executed such that no interference with the integrity of that property / structure can occur. If temporary compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker’s boundary fence should be submitted for approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Engineer should be undertaken.

 

17.         The proposal must not interfere with or obscure any signals that may be in the area.

 

18.         The design and siting of buildings should take into account the possible effects of noise and vibration and the generation of airborne dust resulting from the operation of the railway.

 

19.         It is recommended no trees are planted closer than 1.5 times their mature height to the boundary fence. The developer should adhere to Network Rail’s advice guide on acceptable tree/plant species. Any tree felling works where there is a risk of the trees or branches falling across the boundary fence will require railway supervision.

 

20.         Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that, at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.

 

21.         Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway.

 

22.         Network Rail offers no right of support to the development. Where foundation works penetrate Network Rail’s support zone or ground displacement techniques are used the works will require specific approval and careful monitoring by Network Rail. There should be no additional loading placed on the cutting and no deep continuous excavations parallel to the boundary without prior approval.

 

23.         The works involve disturbing the ground on or adjacent to Network Rail’s land it is likely/possible that the Network Rail and the utility companies have buried services in the area in which there is a need to excavate. Network Rail’s ground disturbance regulations applies. The developer should seek specific advice from Network Rail on any significant raising or lowering of the levels of the site.

 

24.         Where Network Rail has defined access points, these must be maintained to Network Rail’s satisfaction.

 

25.         The management responsibility for the County Wildlife Site and ecological mitigation/compensation areas within the site must be secured and relayed to the LPA as part of the REM application, including how ecological specialists and/or wildlife-managers will be involved.

 

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 visit the following websites for more information:

 

http://www.wiltshire.gov.uk/planninganddevelopment/biodiversityanddevelopment.htm  

https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals

 

The applicant is encouraged to consider incorporating enhancements for biodiversity within their development. Paragraph 118 of the NPPF states “local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: opportunities to incorporate biodiversity in and around developments should be encouraged”. Creating new habitat, enhancing existing habitat or providing new features can all contribute towards biodiversity enhancement, and helping to rebuild habitat networks in the wider area improves ecological resilience and adaptation to climate change. Benefits can be maximised if undertaken to support biodiversity work being undertaken by other parties, such as local Wildlife Trusts or through agri-environment schemes, or if they are consistent with biodiversity strategies or priorities already in place in the local area, such as Nature Improvement Areas (NIA). At the smallest scale, enhancements could be bird nesting or bat roosting opportunities in new buildings, such as integral bat bricks (e.g. http://www.ibstock.com/sustainability-ecozone.asp), bat tubes (e.g. http://www.nhbs.com/2fr_schwegler_bat_tube_tefno_162812.html) or Habibat (http://www.habibat.co.uk/). These integral type boxes do not interfere with the human inhabitants and require no maintenance. Woodcrete products are longer-lived than traditional timber-made boxes, and there are many different products available from a range of suppliers. These types of enhancements can be generic or aimed at specific species such as House sparrow, Starling or Swift. Enhancements can also be provided for other species such as amphibians and reptiles, hedgehogs and invertebrates. Further information can be found at:

 

http://www.ciria.com/buildinggreener/complementary_features.htm

 

http://planningguidance.planningportal.gov.uk/blog/guidance/naturalenvironment/biodiversity-ecosystems-and-green-infrastructure/