Agenda item

A report by the Case Officer is attached.

The following people spoke against the application:

Ms Linda Newbury, a local resident

Mrs Anne Henshaw, representing Campaign to Protect Rural England

 

The following people spoke in support of the application:

Mr Richard Cosker, planning consultant

Mr Andrew Aldridge, architect

Mr Peter Self, 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 planning permission be granted subject to a legal agreement and conditions.

 

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

 

Members then heard the views of Cllr Dick Tonge, the local Member, who expressed some concern regarding the resulting impact on traffic queuing along Corsham Road to access the expanded site and also an inadequate turning circle for large vehicles inside the site.  He was also concerned that retailed planning policy advice did not appear to provide any restrictions to the size of the development.

 

During discussion the following points were raised:

 

·         The need to balance the proposed expansion of the business, as set out in the application, with effect on the local population and the traffic.

 

·         The main access to and egress from the site especially for large vehicles and a suitably large turning circle.

 

·         The need for an additional emergency entrance to the site.

 

Resolved:

 

To grant planning permission, subject to:

 

(1)          A legal agreement to secure the costs associated with the following off-site elements, via a signed Unilateral Undertaking:

 

·           Implementation of a parking restriction on Corsham Road and/or Notton Lane.

 

·           Adjustment of phasing/timing of the traffic light controls at the Corsham Road/A350 junction.

 

·           Alterations to the junction between Notton Lane and Corsham Road, together with any associated signage.

 

·           Making of a Traffic Regulation Order for the imposition of a speed limit on Notton Lane.

 

(2)          The following conditions:

 

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

 

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

 

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

 

P01 rev B - Proposed Site Layout Plan

P02 rev B - Proposed Roof Plan

P04 rev A - Proposed Elevations - Sheet 1 of 3

P05 rev A - Proposed Elevations - Sheet 2 of 3

P06 rev A - Proposed Elevations - Sheet 3 of 3

P07 rev A - Site Sections - Sheet 1 of 5

P08 rev A - Site Sections - Sheet 2 of 5

P09 rev A - Site Sections - Sheet 3 of 5

P10 rev A - Site Sections - Sheet 4 of 5

P11 rev A - Site Sections - Sheet 5 of 5

 

Received 20 October 2015

 

P13 - Designated External Storage Areas

 

Received 27 April 2016

 

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

 

3          No development shall commence on site until the exact details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: 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, in the interests of visual amenity and the character and appearance of the area.

 

4          No external stonework shall be constructed on site, until a sample panel of stonework, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

5          No render shall be applied to any building or walls on site until a sample panel of the render to be used on the external walls not less than 1 metre square, has been made available on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

6          No development shall commence on site until details of all eaves, verges, windows (including head, sill and window reveal details), doors, rainwater goods, chimneys, dormers and canopies have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

 

REASON: 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, in the interests of visual amenity and the character and appearance of the area.

 

7          No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

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

*           full details of any to be retained, together with measures for their protection in the course of development;

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

*           finished levels and contours;

*           means of enclosure;

*           car park layouts;

*           other vehicle and pedestrian access and circulation areas;

*           all hard and soft surfacing materials; and

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

 

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 a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

8          All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first use of the buildings 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 first use 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.

 

9          No part of the development hereby permitted, including demolition works associated with the preparation of the site, shall commence on site until the new access to the highway has been constructed in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The approved access shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

10        No part of the development hereby approved shall be brought into use until the parking areas as shown on the approved plans have been consolidated, surfaced and laid out in accordance with the approved details, including the provision of controlled accesses as detailed. These areas shall be maintained and remain available for their respective uses at all times thereafter.

 

REASON: To ensure that adequate provision is made for parking within the site in the interests of highway safety.

 

11        No part of the development hereby approved shall be first brought into use until the areas allocated for deliveries and servicing have been laid out in accordance with the approved plans. These area shall be kept clear of obstruction and shall not be used other than for the parking of vehicles and deliveries in connection with the operation of the development hereby permitted at all times thereafter.

 

REASON: To ensure that adequate provision is made for servicing and loading/unloading within the site in the interests of highway safety.

 

12        Notwithstanding the submitted details, no installation or use of an ice rink or other ice skating facility shall take place until full details including:

 

(a) siting of the rink;

(b) proposed means of enclosure;

(c) hours of operation;

(d) any additional lighting;

(e) any sound or amplified music system; and

(f) means of limiting noise and light spill

 

have been submitted to and approved in writing by the Local Planning Authority. Any such facility shall be operated in full accordance with the approved details at all times whenever in situ thereafter.

 

REASON: In order to secure the creation of an area free from intrusive levels of noise and activity, in the interests of local amenity.

 

13        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015  (or any Order revoking or re-enacting or amending those Orders with or without modification), excepting temporary development associated with the construction of the development hereby approved, no development within Schedule 2, Part 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015  (or any Order revoking or re-enacting or amending those Orders with or without modification) shall take place anywhere within the site.

 

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for temporary development of the land.

 

14        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions to, or extensions or enlargements of any building forming part of the development hereby permitted.

 

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

 

15        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), no mezzanine or other form of internal floor to create a first floor level shall be constructed in the development hereby permitted.

 

REASON: In the interests of town centre vitality and viability, in order to enable the Local Planning Authority to consider individually whether planning permission should be granted for additional floor space.

 

16        No subdivision or amalgamation of any kind shall take place within the areas marked 'Building 1', 'Building 2', Building 3 Units B, C & D independently or 'Building 4'.

 

REASON: In the interests of protecting the vitality and viability of town centres and to enable the Local Planning Authority to consider individually whether planning permission should be granted for an alternate mix of retail units on the site.

 

17        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), Building 6 as indicated on drawing ref. P01 rev A (Proposed Site Layout Plan) shall be used solely for purposes within Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended)(or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON: The proposed use is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same class, having regard to the circumstances of the case.

 

18        Notwithstanding the submitted plans, retail of comparison goods falling outside the definition of 'gardening items' as set out at the 'range of goods' subsection to Paragraph 3.3 of the submitted Supplementary Town Centre Uses Statement (CBRE, February 2016), namely:

 

garden furniture; barbecues, chimineas, fire pits and associated tools and fuel (such as coal, coke, briquettes, firewood, charcoal and peat); natural and artificial Christmas trees and related goods including decorations; motorised tools and equipment (such as electric drills, saws, sanders and hedge cutters, garden tractors, lawnmowers, cultivators, chainsaws and water pumps); garden tools (such as wheelbarrows, watering cans, hoses, spades, shovels, rakes, forks, scythes, sickles and secateurs); hand tools (such as saws, hammers, screwdrivers, wrenches, spanners, pliers, trimming knives, rasps and files); ladders and steps; hardware and fittings for the garden (such as chains, grids, stakes and hoop segments for fencing and bordering); fencing panels and associated materials for garden security and decoration; natural and artificial flowers and foliage, plants, shrubs, bulbs, tubers, seeds, fertilizers, composts, garden peat, turf for lawns, specially treated soils for ornamental gardens, horticultural preparations, pots and pot holders; garden and outdoor activity clothing and footwear; gifts for home and garden; pets and smallholding animals and associated foodstuffs; veterinary and grooming products including veterinary and grooming services; cat litter, collars, leashes, kennels, birdcages, fishing and reptile equipment; aquatic and pond goods and similar products associated with fish; spas, swimming pools and related products.

 

shall be restricted solely to Building 4 - Areas C, D & I; Building 1; and Unit 3A, as marked on drawing ref. P01 rev A (Proposed Site Layout Plan) only and shall not be displayed or sold in any location elsewhere on site.

 

REASON: In the interests of protecting the vitality and viability of town centres.

 

19        No display or sale of clothing items shall take place outside of the areas marked 'D' and 'H' within Building 4 as marked on drawing ref.P01 rev A (Proposed Site Layout Plan). Clothing sales shall be restricted to such items that are directly associated with and ancillary to gardening or other similar physical outdoor activity as agreed by the local planning authority.

 

REASON: In the interests of protecting the vitality and viability of town centres.

 

20        No display or sale of items defined as convenience goods shall take place outside of the area marked 'Building 1' on drawing ref. P01 rev A (Proposed Site Layout Plan). Building 1 shall be used solely for the sale of convenience goods and/or retail falling within the definition of 'gardening items' as set out at the 'range of goods' subsection to Paragraph 3.3 of the submitted Supplementary Town Centre Uses Statement (CBRE, February 2016) and for no other purpose whatsoever.

 

REASON: In the interests of protecting the vitality and viability of town centres.

 

21        No materials, goods, machinery, equipment, skips, crates, containers, waste or any other item not on retail display shall be deposited or stored outside the areas outlined on drawing ref. P13 (Designated External Storage Areas) or in excess of the maximum heights indicated on the aforementioned plan.

 

REASON: In the interests of the appearance of the site and the amenities of the area.

 

22        The delivery and despatch of goods to and from the site shall be limited to the hours of 0700 and 1900 on Mondays to Fridays, 0800 and 1800 on Saturdays, and at no time on Sundays and Bank or Public Holidays.

 

REASON: To ensure the creation of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

23        There shall be no customers/members of the public on the site outside the hours of 0700 and 2200 from Mondays to Fridays, 0800 and 2200 on Saturdays, and 1000 and 2000 on Sundays and Bank or Public Holidays.

 

REASON: To ensure the creation of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

24        Other than that detailed in the approved scheme of lighting, no additional external lighting shall be installed on site. The development hereby permitted shall not be first brought into use until a method statement for the monitoring of light emissions post development from the site has been submitted to the LPA. The assessment shall be designed in order to demonstrate that the proposed scheme of external lighting achieves the criteria for Environmental Zone E1 as defined by the Institute of Lighting Professionals 'Guidance Notes for the Reduction of Obtrusive Light' 2012.

 

Prior to the date three months from the date on which the development has been first brought into use the agreed programme of monitoring shall have been carried out in full and the results submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

25        The development hereby permitted shall not be brought into use until the areas for shopping trolley storage as indicated on plan ref. P13 (Designated External Storage Areas) have been laid out in full and brought into operation. The approved areas shall thereafter be maintained in operation in accordance with the approved details.

 

REASON: In the interests of the character, appearance and amenities of the area.

 

26        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, with a discharge limited to 12 l/s and full details with program of how the site will be developed to ensure the flow rate from the site will not be exceeded (especially during construction) and includes a maintenance regime has been submitted to and approved in writing by the Local Planning Authority. Once the development hereby approved is implemented, no surface water shall be discharged offsite 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.

 

27        No development shall commence on site until a scheme for the discharge of foul water from the site, including any identified capacity improvements required to the public foul sewer system to take any increase in pumped discharge rate, has been submitted to and approved in writing by the Local Planning Authority. Once implemented, the development hereby approved shall not increase its discharge rate until foul water drainage including any capacity improvements to the public system 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 proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

28        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;

h)        measures for the protection of the natural environment; and

i)          hours of demolition and construction, including collection of waste and 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 demolition and construction phases.

 

            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.

 

            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:

The applicant is reminded of the need to obtain separate Land Drainage Consent for any drainage works comprising the extinguishment and/or creation of new outfall points at the adjacent watercourse.

 

            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:

Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way adjacent to the site, temporarily or otherwise.

 

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

 

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

 

            INFORMATIVE TO APPLICANT:

The consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire's Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

 

            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 is requested to note the concerns of Committee Members in respect of the lack of a designated secondary/emergency vehicular access to the site within the approved scheme. It is recommended that this is given further consideration with a view to ascertaining whether subsequent improvements could be made in this respect. Council officers are willing to provide advice and support in this matter if required.