Agenda item

16/04273/FUL- Langley Park, Foundry Lane, Chippenham, Wiltshire, SN15 1GE- The Demolition of Existing Buildings and Redevelopment to Provide a 69 Bed Hotel with Cafe (A3) of 199sqm and 22 Residential Units (Class C3), Car Parking, Foundry Lane Access Works and Other Associated Works.

A report by the Case Officer is attached.

Minutes:

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application, with a recommendation to delegate authority to the Head of Development Management to grant planning permission, subject to the completion of a Section 106 legal agreement and the imposition of appropriate conditions within six months of the date of this Committee decision.

 

In the event of failure to complete, sign and seal the required Section 106 agreement within the defined timeframe to then delegate authority to the Head of Development Management to refuse planning permission.

 

Members then had the opportunity to ask technical questions after which they heard the views of Cllr Chris Caswill, the local Member in which he generally welcomed and supported the application.

 

After some discussion,

 

Resolved:

 

To delegate authority to the Head of Development Management to grant planning permission, subject to the completion of a Section 106 legal agreement and the imposition of appropriate conditions within six months of the date of the resolution of this Committee.

 

In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Area Development Manager to refuse planning permission for the following reason:-

 

The application proposal fails to provide and secure the necessary and required Services and infrastructure supporting the proposed residential development including Affordable Housing; Waste; Air Quality Management and is therefore contrary to Policies CP3 CP43 & CP55 of the Wiltshire Core Strategy Adopted January 2015 and Paras 7, 14 & 17 of the National Planning Policy Framework March 2012.

 

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

Prior to the commencement of the development a phasing plan shall be submitted to and approved by the local planning authority. The phasing plan shall identify, amongst other things, at what stage  the improvement of the Little George junction will be secured, as well as access to individual units of development.

REASON; In order to ensure that all parts of the development are afforded reasonable access to the local road network, and that a choice of access is available at an early stage.

3

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

SL02 P2

LP02 A

ML02 P2

RL02 P1

SE_SV-01 B

G-APT.e1 P3

G-APT.e2 P3

G-APT.p1 P1

G-APT.p2 P1

G-APT.p3 P1

G-APT.p4 P1

G-APT.p5 P1

G-APT.p6 P2

TL.e1 E

TL.e2 E

TL.p1 J

TL.p2 E

TL.p3 E

TL.p4 E

TL.p5 E

DESIGN AND ACCESS STATEMENT ADDENDUM DOCUMENT July 2016

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

4

Prior to any phase of development being brought into use the access roads and parking and servicing areas for that phase shall have been completed in accordance with details. REASON: To ensure proper provision is made for access and parking.

 

5

Visibility for drivers emerging from site access for each phase of development shall be provided from a set-back distance of 2.4m from the nearside carriageway edge to points 43m distant on the nearside kerbline in both directions. The visibility envelope shall not be obstructed at a height more than 600mm above the footway level.

REASON: In the interests of highway safety

6

The landscaping scheme(s) for each phase of the development shall include:-

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

o details of any  trees or hedgerows to be retained, together with measures for their protection in the course of development;

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

o finished levels and contours;

o means of enclosure including gates and barriers to car parks, railings, fences, gates, walls & bollards;

o car park layouts;

o all hard and soft surfacing materials;

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

o proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

o retained historic landscape features and proposed restoration, where relevant.

The above details shall be provided prior to the buildings in that phase of the development being brought into use

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

7

No development shall commence on site until a scheme of phasing of landscaping has been approved in writing by the Local Planning Authority.  The landscaping shall be carried out in the first planting and seeding season following occupation of the building(s) or the completion of the development, whichever is the sooner within that particular phase; 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.

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.

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 occupation of the building(s) or the completion of the development whichever is the sooner;  All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.  All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

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

9

No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars , without the prior written approval of the Local Planning Authority. All tree works should be carried out in accordance with BS5837:2005 (Recommendations for Tree Work).

REASON: For the avoidance of doubt and to ensure the satisfactory appearance of the development.

10

No phase of development shall commence, until a Construction Method Statement for that phase has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout then construction period of that Phase.

The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors;

ii. loading and unloading of plant and materials;

iii. storage of plant and materials used in constructing the development;

iv. the erection and maintenance of security hoarding including decorative

displays and facilities for public viewing, where appropriate;

v. wheel cleaning facilities;         

vi. measures to control the emission of dust and dirt during construction;

vii. a scheme for recycling/disposing of waste resulting from demolition and

construction works;

viii. measures to control noise during construction;

ix. a signage strategy for construction traffic.

REASON: In the interests of highway safety and the amenity of local residents.

11

No phase of development shall commence on site until a scheme for the discharge of foul water from the site, including any on/off site improvements to provide capacity to serve the site and allowing clearances to existing sewers or diversions, has been submitted to and approved in writing by the Local Planning Authority.

No building within the phase of development shall be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained.

12

No phase of 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; full details of attenuation including ownership and maintenance regimes to ensure no increase  (and preferably a decrease) in current storm water flows to public storm sewers and removing current storm to foul connections has been submitted to and approved in writing by the Local Planning Authority. 

That phase of development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained.

13

No phase of development shall be occupied or bought into use until a scheme for the provision of adequate water supplies and fire hydrants, necessary for fire fighting purposes within that phase, has been submitted to, and approved in writing by, the Local Planning Authority. That phase of development shall not then be occupied or bought into use until the scheme has been implemented.

REASON: To ensure that satisfactory fire fighting facilities are incorporated into the site.

14

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 should be submitted to the Local Planning Authority. 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.

15

No part of the development shall be occupied or first brought into use until all the existing buildings on site have been permanently demolished and all of the demolition materials and debris resulting therefrom has been removed from the site.

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

16

(i) No deliveries shall be made to or collections made from the Hotel hereby approved except between the hours of 06:00am and 22:00pm Monday to Saturday and 07:00am and 17:00pm on Sundays.

(ii)There shall be no use of reverse beepers on delivery or collection vehicles between 06:00am and 07:00am Monday to Saturday and between 07:00am and 09:00am on Sundays. All deliveries between these approved hours shall be direct via the loading and unloading dock shown on the approved plans.

REASON: To limit the impact of the development on adjacent residential amenity and prevent undue disturbance.

17

Development of the Hotel shall not commence until details of the provision for the loading and unloading of goods vehicles servicing the Hotel have been submitted to and approved in writing by the Local Planning Authority. The Hotel shall not be first brought into use until such provision has been made. This space shall be maintained for such purpose at all times thereafter.

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

18

No works on the hotel phase of development shall commence on site until details of all external window and door joinery have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include depth of reveal, details of heads, sills and lintels. The works 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 preserving the character and appearance of the area.

19

Development of the Hotel shall not commence on site until details and samples of the materials to be used for the external walls and roofs of the Hotel within that phase have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

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

20

Development of the Hotel shall not commence 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 and car parking, associated with the Hotel including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The Hotel shall not be first brought into use 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, and car parking associated with the Hotel 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.

21

The Hotel shall not be opened for trade until a Green Travel Plan relating to the Hotel 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

Prior to the commencement of development of the Hotel a scheme of external lighting, including the measures to be taken to minimise sky glow, glare and light trespass, shall be submitted to and approved in writing by the Local Planning Authority.  The external lighting scheme shall be designed so as to meet the criteria for Environmental Zone E3 as defined by the Institute of Lighting Professionals 'Guidance Notes for the Reduction of Obtrusive Light' 2012. The approved scheme shall be implemented before the development is first brought into use and shall be maintained in effective working order at all times thereafter.

REASON: To limit the impact of the development on adjacent residential amenity.

23

No development of the Hotel shall take place until full details of all proposed fixed plant installed on the building and/or site (and including all mitigation measures screening) has been submitted to and agreed in writing by the Local Planning Authority. Such details shall include confirmation that the plant will not exceed -5dB below the lowest background noise level and that noise rating not exceed 37dB when measured at the nearest residential properties. Development shall be carried out in complete accordance with such details so agreed.

REASON: To limit the impact of the development on residential amenity.

24

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.

25

No development of a residential phase shall commence until details and samples of the materials to be used for the external walls and roofs of dwellings within that phase have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

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

26

Prior to the commencement of the residential phase of development 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, relating to that phase have been submitted to and approved by the Local Planning Authority.

No phase of residential development 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 associated with that phase 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.

27

No development of the Hotel shall take place until full details of all proposed fixed plant installed on the building and/or site (and including all mitigation measures screening) has been submitted to and agreed in writing by the Local Planning Authority. Such details shall include confirmation that the plant will not exceed -5dB below the lowest background noise level and that noise rating not exceed 37dB when measured at the nearest residential properties. Development shall be carried out in complete accordance with such details so agreed.

REASON: To limit the impact of the development on residential amenity.

28

No works on the residential phase of development shall commence on site until details of all external window and door joinery have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include depth of reveal, details of heads, sills and lintels. The works 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 preserving the character and appearance of the area.

 

 

(The Committee adjourned from 13:15 until 14:00)

 

 

 

 

Supporting documents: