Agenda item

A report by the Case Officer is attached.

The following people spoke against the proposal:

 

Mr Patrick Moss, representing Messrs Moss Naylor Young

Mr Nick Murray, a local resident

Mr Fionn Pilbrow, a local resident

Cllr Ian James, representing Bremhill Parish Council

 

The following person spoke in support of the proposal:

 

Mr Peter Frampton, Planning Director, Messrs Framptons

 

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.

 

The Case Officer also brought to the attention of the Committee late representations received.

 

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

 

Members then heard the views of Cllr Chris Caswill and Cllr Howard Greenman, local Members, in which they both objected to the proposal. Cllr Caswill considered that:

 

·                The application site lay outside the existing settlement which should be preserved.

·                The residents of Rawlings Farm Cottage, situated in the midst of the proposed development site, had not been notified of the receipt of the application and had been informed by neighbours.

·                The impact of the proposed development on Cocklebury Lane and Station Road had not been sufficiently considered.

·                An application for a new bridge over the railway line at Rawlings Green had not been received and might not be approved.  The bridge needed to be completed after the first 200 houses had been built and occupied.

·                The Air Quality and Landscape and Visual Impacts of the proposed development had not been sufficiently considered.

 

Cllr Greenman explained that although he had no issue in principle with the proposed development, he was firmly of the opinion that a bridge over the railway at Rawlings Green should be provided before further houses, after the first 200, could be built and occupied.

 

The Case Officer explained that the application was for outline permission and that all detailed matters were reserved and would follow in due course. He stated that many of the issues raised had been covered in his report but drew attention to the highway issues, which had been fully assessed and approved by the Council’s Highways Officer.

 

After 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.      No development shall commence on site until details of the following matters(in respect of which approval is expressly reserved) of each relevant phase of development pursuant to condition 7 below have been submitted to, and approved in writing by, the Local Planning Authority:

 

(a)  The scale of the development;

(b)The layout of the development;

(c)  The external appearance of the development;

(d)The landscaping of the site;

 

The development shall be carried out in accordance with the approved details.

 

REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

 

 

2.    The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

REASON:   To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

 

3.    An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

 

4.    Applications for the approval of the reserved matters shall be in accordance with the principles and parameters described and identified in the Design and Access Statement and approved Parameter Plans. A statement shall be submitted with each reserved matters application which demonstrates that the application proposals comply with the Design and Access Statement or, where relevant, explaining why they do not.

 

REASON: So as to provide certainty and clarify the expectations for the form of development to take place on the site.

 

Limits of Permission

 

5.    The residential element of the development hereby granted planning permission shall not exceed 700 dwellings.

 

REASON: To define the limits of the planning permission and to set the maximum number of dwellings to be constructed on the application site.

 

6.    The total gross retail floorspace available for use by customers (excluding toilets and other ancillary facilities) of all premises falling within Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) shall not exceed 200 sqm.

 

REASON: To define the limits of development and to ensure retail development on the site does not adversely impact upon the town centre.

 

Phasing

 

7.    As part of the first reserved matters application a phasing plan for the whole site shall be submitted to the local planning authority for approval in writing. The phasing plan shall include details of the intended number of market and affordable dwellings for each phase of development together with general locations and phasing of key infrastructure, including surface water drainage, green infrastructure, community facilities, Local Centre, commercial uses and access for pedestrians, cyclists, buses and vehicles. Development shall take place in complete accordance with the phasing plan so agreed.

 

REASON: So as to ensure a balanced development for the benefit of future residents and Chippenham town as a whole.

 

Ecology

 

8.    No later than the submission of a reserved matters application, an Ecological Mitigation and Enhancement Framework shall be submitted to an approved by the Local Planning Authority.  The approved Framework shall:

 

• Include up to date ecological survey information on habitats and protected species including bats, badger, reptiles and invertebrates;
• Identify features of nature conservation value to be protected during the construction phase and retained within the detailed layout;
• Establish minimum parameters, general location and acceptable land uses / landscaping of ecological buffers to be incorporated into the detailed layout;
• Clearly show dark corridors to be retained within the scheme including general locations, minimum widths, and maximum light levels to be achieved through the detailed layout and lighting plans;
• Identify minimum areas, locations types of habitat to be created and enhanced as part of the soft landscaping scheme and long-term management of the site; and
• Establish the minimum number, distribution and type of bat / bird boxes to be incorporated into the buildings on the site.

The approved Framework should demonstrate that the development will achieve an overall net gain for biodiversity.  All reserved matters applications shall be in accordance with the approved Framework.

REASON: To satisfactorily mitigate the ecological impact of the development.

9.    Applications for approval of reserved matters application shall be accompanied by detailed lighting plans (where necessary) to demonstrate how dark corridors identified in the approved Ecological Mitigation and Enhancement Framework shall be achieved within the proposed detailed layout.  The lighting plans shall include details of luminaires, heights and positions of fittings, and modelled lux plots to show the effects of light spill on the dark corridors. 

 

All external lighting shall be installed in accordance with the specifications and locations set out in the approved lighting plans, and these shall be maintained thereafter in accordance with the plans. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.

 

REASON: To satisfactorily mitigate the ecological impact of the development

 

10.  No development within any individually approved phase of the development shall commence on site until A Landscape and Ecological Management Plan (LEMP) for that phase of development has been 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 detailed information:

a) Description and evaluation of features to be managed;

b) Landscape and ecological trends and constraints that might influence management;

c) Aims and objectives of management;

d) Appropriate management options for achieving aims and objectives;

e) Prescriptions for management actions;

f) Preparation of a work schedule;

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

h) A schedule of ongoing monitoring, reporting, and remedial measures;

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

The LEMP shall also demonstrably have regard to the principles and approach set out in the approved Ecological Mitigation Framework, and demonstrate a net gain in the overall biodiversity of the site in the long-term.

The LEMP shall also include details of the legal and funding mechanism by which the long-term implementation of the plan will be secured by the developer with the management bodies 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. Details of monitoring and any remedial action taken shall be reported to the Local Planning Authority as set out in the approved monitoring schedule, or on request.

Upon commencement of development the LEMP shall be implemented in full in accordance with the approved details.

REASON: To satisfactorily mitigate the landscape and ecological impact of the development.

 

11.  No development within any individually approved phase of the development shall commence on site, until details of a wildlife sensitive lighting scheme for roads and footpaths within that phase of development, and any lighting for the areas of public open space, shall be submitted to and approved in writing by the local planning authority. Development shall be carried out only in accordance with the approved details.

 

REASON: To satisfactorily mitigate the ecological impact of the development.

 

 

Landscape

 

12.  The landscaping details to be submitted pursuant to condition 1 above shall include, but are not confined to, the following:

i) a written specification clearly describing the species, plant sizes, proposed numbers/densities and giving details of cultivation and other operations associated with plant and grass establishment;

ii) finished levels and contours;

iii) the position, design and materials of all means of enclosure;

iv) vehicle and pedestrian circulation areas;

v) all hard and soft surfacing materials;

vi) minor artefacts and structures (eg play equipment, street furniture, refuse storage areas, signage 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.

 

 

13.  No development within any individually approved phase of the development shall commence on site development, including any works of site clearance shall begin unless and until a scheme for the ongoing management and maintenance of that landscaped area, other than private domestic gardens and open space covered by the planning obligation, including long term design objectives, management responsibilities and maintenance schedules has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with approved details.

 

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

 

14.  No development within any individually approved phase of the development shall commence on site, including any works of site clearance or ground preparation, until a plan showing all trees and hedges to be retained shall be submitted to and approved in writing by the local planning authority. No tree or hedgerow identified as being retained in the approved details shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the local planning authority. Any topping or lopping approved shall be carried out in accordance with BS3998:2010 Tree Work – Recommendations, or other arboricultural techniques where such have been demonstrated to be in the interest of good arboricultural practice. If any retained tree or hedgerow is removed, uprooted or destroyed or dies, another tree or hedge shall be planted at the same place and that tree or hedge shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.

 

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

 

15.  No development within any individually approved phase of the development shall commence on site, including any works of site clearance or ground preparation, until an Arboricultural Method Statement specifying the measures to be put in place during the construction period of that phase of development, for the protection of those trees and hedgerows to be retained, shall be submitted to and approved in writing by the local planning authority. The Method Statement shall be prepared in accordance with the principles set out in BS5837:2012 – Trees in relation to design, demolition and construction: Recommendations. Development shall be carried out in accordance with approved Method Statement.

 

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

 

Contamination

 

16.  No development within any individually approved phase of the development shall commence on site until (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition), 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

 

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:

 

·         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: 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.

 

Archaeology

 

17.  No development within any individually approved phase of the development shall commence on site until until a written programme of archaeological investigation, which should include details of on-site work as well as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority. The approved programme of archaeological work shall be carried out in complete accordance with the approved details.

 

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

 

Drainage

 

18.  No development within any individually approved phase of the development shall commence on site until until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling or unit shall be first occupied within that phase of development until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

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.

 

 

19.  No development within any individually approved phase of the 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. That phase of development shall not be first brought into use or 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.

 

 

20.  Prior to any reserved matters approval a site masterplan shall be submitted to, and agreed in writing by, the Local Planning Authority. The masterplan shall be in accordance with the Flood Risk Assessment (PFA Consulting, December 2015, Ref: K113, dated 17.12.2015) to include details to demonstrate that all built development (all houses as shown on the illustrative masterplan) is positioned on land above a level of 48.5 metres AOD, and all development including drainage infrastructure is positioned on land outside the 1 in 1000 year modelled flood extent. The development shall be implemented in accordance with the approved masterplan.

 

REASON: To reduce the risk of flooding to the proposed development and future occupants.

 

Highways

 

21.  No development shall commence until a site phasing plan has been submitted to and approved by the local planning authority. The phasing plan shall include, inter alia, the timing of the delivery of (a) a junction improvement at Station Hill and New Road, (b) a new road link into the site through an alteration and extension of Darcy Close, including a junction alteration on Cockleury Road, (c) the delivery of a new road over railway bridge to connect the site to Parsonage Way, and to include a completed link road between Cocklebury Road and Parsonage Way via the site, (d) the completion of an internal distributor road to allow for future extension, via a bridge to the east of the river and (e) off-site junction improvements at Birch Grove and The Little George junction (if not already undertaken by others), (f) provision of footpath and cycletrack links between the site and existing local pedestrian/cycle routes. For the avoidance of doubt, the phasing plan shall include provision for the road connection by bridge over the GWR mainline to Parsonage Way shall be completed, and connected to Cocklebury Road, and available for use prior to the occupation of more than 200 dwellings on the site. Development shall be carried out in accordance with the approved plan.

 

REASON: To ensure that adequate transport infrastructure is provided at appropriate stages of the development and  to mitigate severe impacts on traffic conditions in the town centre.

 

22.  No development within any individually approved phase of the development shall commence on site until (including any works of demolition), until a Construction Method Statement for that phase of development, which shall include the following details:

 

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)   detailed measures for the protection of semi-natural habitats and priority / protected species (as identified in the approved Ecological Mitigation and Enhancement Framework); and

i)     hours of construction, including deliveries.

j)     details as to routeing arrangements for lorries delivering to the site during the identified phases of the development and how they will be signed to the site

k)    A specific section of the plan shall address the construction traffic arrangements in relation to the construction of the proposed GWR mainline railway bridge

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

REASON: To mitigate the impact of the construction work on the amenities of nearby residents and those using nearby public rights of way.

 

23.  No development within any individually approved phase of the development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works for that phase of development, have been submitted to and approved by the Local Planning Authority. The carriageway width of the connecting road through the site between Parsonage Way and the east side of the site shall be not less than 7.3 m; the link to Cocklebury Road from this road shall not be less than 6.2m carriageway width.

 

Each Phase of the development shall not be first brought into use or occupied for trading 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 for that phase of development have all been constructed and laid out in accordance with the details approved and in accordance with the provisions of the approved site phasing plan.

 

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner, and to allow for adequate width for large goods vehicles and buses.

 

24.  No development within any individually approved phase of the development shall commence on site until a scheme of safe pedestrian and cycle routes, and details of secure covered cycle parking and changing and shower facilities in respect of the non-residential use classes has been submitted to and approved in writing by the Local Planning Authority. Such facilities shall be provided in accordance with the approved details prior to any part of the development being first occupied and maintained thereafter.

 

REASON: In pursuit of sustainable transport objectives.

 

25.  No development within any individually approved phase of the development shall commence on site until Travel Plans for the various land uses (residential, employment and education) permitted have 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.

 

26.  Car parking provision for all phases of development shall be in accordance with the required standards set out in the Wiltshire LTP3 Car Parking Strategy. Garages to be counted towards car parking provision shall have minimum internal dimensions of 3m x 6m.

 

REASON In order to ensure an adequacy of site parking provision and to avoid inappropriate levels of on-street parking.