Agenda item

17/09248/VAR: Land East of Spa Road, Melksham, Wiltshire - Variation of Condition 32 of 14/10461/OUT relating to site access

Meeting of Strategic Planning Committee, Wednesday 31 January 2018 10.30 am (Item 7b)

Variation of Condition 32 of 14/10461/OUT relating to site access

Minutes:

The Committee received a presentation from the Case Officer which set out the issues in respect of the application, with a recommendation that the application should be approved subject to a revised Section 106 Agreement and conditions. The proposal sought to vary Condition 32 of consented application 14/10461/OUT which listed the 2016 approved plan drawings, to allow the proposed northern vehicular site access located along Thyme Road, to be relocated approximately 150 metres further to the west. The variation proposal also included removing the second internal access road into the proposed development site.

Members then had the opportunity to ask technical questions after which they heard the views of Cllr Jon Hubbard, the local Member. He stated that, whilst generally supporting the scheme, he was concerned at the proposal to route construction traffic along Snowberry Lane, rather than along the new relief road, and the potential impact on residents in Snowberry Lane with regard to noise, traffic congestion and highway safety, bearing in mind that Snowberry Lane was used as a walking route to Melksham Oak School.

During discussion, it was noted that the Council’s Highways Officer raised no objections to the proposed change of the northern access into the site.

On the proposal of Cllr Christopher Newbury, which was seconded by Cllr Tony Trotman,

Resolved:

To grant planning permission, subject to the completion of a supplemental Section 106 Agreement to the existing Section 106 Agreement relating to planning permission 14/10461/OUT so that the planning obligations secured therein apply to this planning permission and subject to the following conditions:-

1 The development hereby permitted shall be begun either before the expiration of threeyears from the date of the original outline permission (i.e. by 22 September 2019), or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

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

2 No phase as referred to in Condition 5, of the development hereby permitted shall commence, other than the site access until details of the following matters for that phase (hereinafter called "the reserved matters" 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;

(d) The landscaping of the site;

(e) The internal access arrangements

(f) The mix and type of housing

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 andArticle 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

3 Applications for the approval of reserved matters for a minimum of 300 dwellings shall be made to the Local Planning Authority before the expiration of three years from the date of the original outline permission (i.e. by 22 September 2019). Applications for the approval of the reserved matters for the residual amount of dwellings (any additional dwellings in excess of 300 units) shall be made to the Local Planning Authority before the expiration of five years from the date of the original permission (i.e. by 22 September 2021).

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

4 Development shall not be commenced on site until a supplemental planning obligation has been completed by the Council and the freehold owner of the land comprised in title number WT72400

REASON: To ensure the land is bound by the relevant covenants in the Section 106 Legal Agreement related to this permission

5 No development shall commence on site until a phasing scheme has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: To ensure the satisfactory delivery of the development and facilitate the proper planning of the area

6 No development shall commence on each relevant phase (as referred to in Condition 5) until a scheme of hard and soft landscaping for that phase 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;

* proposed seed mix for the neutral grassland areas

* finished levels and contours;

* means of enclosure;

* boundary treatments;

* car park layouts;

* other vehicle and pedestrian access and circulation areas;

* all hard and soft surfacing materials;

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

* proposed and existing functional services above and below ground (e.g.

drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports);

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

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

7 All soft landscaping comprised in the approved details of landscaping for each relevant phase (as referred to in Condition 5) 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 within that phase 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 in the relevant phase 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.

8 No development shall commence on each relevant phase (as referred to in Condition 5) until details of the estate roads, footways, footpaths, cycle tracks, 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 within that phase and a timetable for implementation and provision of such works has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be 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 and to ensure that the roads are laid out and constructed in a satisfactory manner

9 No development shall commence on site until details of how and when an access will be provided to the offsite ecology area and how the proposed development hereby approved including the construction period will ensure that the adjacent sports field access (to Melksham Rugby and Football Club) remains unobstructed. The development shall be carried out in accordance with the approved details.

10 No development shall commence on site until 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. The approved programme of archaeological work shall then be carried out in accordance with the approved details.

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

11 No development shall commence on site until a Construction Traffic Management Plan (CTMP) which shall include inter alia, proposals for the phasing of the development, and how this might influence construction traffic routeing, and proposals to ensure that the adjacent highway is kept clear of site detritus has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be 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 and to ensure that the amenity of the local highway network is adequately protected.

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

13 No development shall commence on each relevant phase (as referred to in Condition 5) until a noise impact assessment and a scheme for protecting the affected proposed dwellings and their curtilages within that phase from road traffic noise has been submitted to and approved in writing by the Local Planning Authority. Any works which form part of the details approved by the Local Planning Authority shall be completed before occupation of any approved residential dwelling affected by the road traffic noise (as determined by the assessment within that phase).

14 No development shall commence on each relevant phase (as referred to in Condition 5) until details of a foul drainage disposal scheme to serve the development within that phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details prior to the occupation of any approved building within the relevant phase.

15 No development shall commence on each relevant phase (as referred to in Condition 5) until details of a storm drainage disposal scheme to serve the development within that phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details prior to the occupation of any approved building within the relevant phase.

16 No development shall commence on each relevant phase (as referred to in Condition 5) until details of a surface water management scheme for that phase, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The submitted details shall clarify the intended future ownership and maintenance provision for all surface water drainage works serving the development within that phase. The scheme shall subsequently be implemented in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to prevent the increased risk of flooding, and ensure future maintenance of the surface water drainage system.

17 No development shall commence on site until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details

the development.

18 No development shall commence on site until a landscape environment management plan (LMP), including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small, privately owned, domestic gardens) and a timetable for implementation has been submitted to and approved in writing by the Local Planning Authority. The landscape environment management plan shall be carried out and implemented in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be considered prior to the granting of planning permission and the matter is required to be agreed in writing by the Local Planning Authority before development commences in order to ensure the proper management of the landscaped areas in the interest of visual amenity and protection of adjacent listed buildings.

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

a) Full specification of habitats to be created, including locally native species of local provenance and locally characteristic species;

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

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

d) Aims and objectives of management;

e) Appropriate management options for achieving aims and objectives;

f) Prescriptions for management actions;

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

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

i) Ongoing monitoring and remedial measures;

j) Timeframe for reviewing the plan; and

k) Details of how the aims and objectives of the LEMP will be communicated to the occupiers of the development. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the

management body (ies) responsible for its delivery. The Plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented. The LEMP shall be implemented in full in accordance with the approved details.

REASON: 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 to ensure the long-term management of protected and priority habitats and other landscape and

ecological features, and to maintain and enhance these habitats and features in perpetuity.

20 No development shall commence on site until a habitat creation plan has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

21 No development shall commence on the relief road until details of how the relief road will be designed to avoid impact on amphibians have been submitted to and approved in writing by the Local Planning Authority. The relief road shall then be constructed in accordance with the approved details.

22 The construction of dwellings within each relevant phase (as referred to in Condition 5) shall not commence on site until details of the storage of refuse, including details of location, size, means of enclosure and materials to serve dwellings within that phase have been submitted to and approved in writing by the Local Planning Authority. A dwelling shall not be first occupied until the approved refuse storage for that dwelling has

been completed and made available for use in accordance with the approved details and it shall be retained in accordance with the approved details thereafter.

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

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and in the interests of minimising waste from the construction development.

24 No external lighting shall be installed within each relevant phase (as referred to in Condition 5) until plans showing the type of light appliance, the height direction and position of fitting, illumination levels and light spillage of external lighting within that phase designed 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, 2011)" and areas to be maintained as dark corridors (including the green corridor along the relief road around the southern and eastern sides of the site) 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 the amenities of the area and to minimise unnecessary light spillage above and outside the development site including towards designated and nondesignated heritage assets and to protected ecological species.

25 Prior to the occupation of each dwelling, the roads including footpaths and turning spaces serving that dwelling shall be constructed with a properly consolidated and surfaced to at least binder course level between the dwelling and the existing adopted highway.

REASON: To ensure that the development is served by an adequate means of access

26 Prior to the occupation of the first dwelling hereby permitted, the highway infrastructure identified as Phase 1 on drawing number 10154-PP-01 Rev A shall be constructed and completed in accordance with the approved plans.

REASON: In the interest of highway safety

27 No more than 250 dwellings hereby permitted shall be occupied until the highway infrastructure identified as Phase 2 on drawing number 10154-PP-01 Rev A has been constructed and completed in accordance with the approved plans.

REASON: In the interest of highway safety

28 No more than 350 dwellings hereby permitted shall be occupied until the highway infrastructure identified as Phase 3 on drawing number 10154-PP-01 Rev A has been constructed and completed in accordance with the approved plans.

REASON: In the interest of highway safety

29 No dwelling hereby permitted shall be occupied until a public art scheme for the site and a timetable for installation has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

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

30 The dwellings hereby permitted shall achieve a level of energy performance at or equivalent to Level 4 of the Code for Sustainable Homes. No dwellings 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 comply with Core Policy 41 of the Wiltshire Core Strategy 2015.

31 Demolition or construction works on the site hereby approved shall not take place outside 07:30 hours to 17:30 hours Mondays to Fridays and 08:00 hours to 12:30 hours on Saturdays nor at any time on Sundays or Bank Holidays.

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

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

Site Location Plan 4769-L-03-C - received 16 January 2015; Transport Statement, Phasing Plan -10154-PP-01-REV C, Eastern Relief Road Sheet 1 10154-HL-03-Rev D, Eastern Relief Road Sheet 2 10154-HL-04-Rev E, Eastern Relief Road Sheet 3 10154- HL-05-Rev D, Eastern Relief Road Sheet 4 10154-HL-07-Rev F, Indicative Landscaping Plan 4769-L-05-REV G, Northern Access Plan 10484-SK-03-Rev C, Indicative Planting Scheme 4769-L-04-Rev K, Parameters Plan 4769-L-06-Rev J, Green Infrastructure 4769-L08-Rev F and Accessible Open Space 4769-L-08-Rev H - all received on 21 December 2017

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

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 22nd September 2016

2 In order to discharge the surface water management scheme the Environment Agency would expect to see the inclusion of the following:

A clearly labelled drainage layout plan showing the pipe networks and (where appropriate) any attenuation ponds, soakaways and drainage storage tanks. This plan should show any pipe node numbers referred to in the drainage calculations and the invert and cover levels of manholes;

A manhole schedule; Model runs to demonstrate that the critical storm duration is being used; Confirmation of the appropriate discharge rates and volumes, with any flow control devices indicated on the plan with the rate of discharge stated; It is noted that discharge is to be to a single ditch. This ditch must currently receive flows from this site and the post development discharge rate and volume into that ditch must not exceed the existing rate and volume of discharge into the ditch. A 'site-wide' catchment analysis will be required to verify how much of the site curently flows into the ditch and hence to determine the acceptable flows. Calculations showing the volume of attenuation provided, demonstrating how the system operates during a 1 in 100 critical duration storm event;

Exceedence flow can occur during short but very intense rain storms, or if system blockage occurs etc. The large volume of runoff generated from impermeable surfaces during such events may not all be captured by the drainage system and unless otherwise intercepted a proportion would flow downslope possibly onto land under other ownership. For surcharge / flooding from the system, overland flood flow routes and "collection" areas on site (e.g. car parks, landscaping) must be shown on a drawing. CIRIA good practice guide for designing for exceedance in urban drainage (C635) should be used. The run-off from the site during a 1 in 100 year storm plus an allowance for climate change must be contained within the site and must not reach unsafe depths on site; A 30% allowance for climate change should be incorporated into the scheme in accordance with PPS25; Where infiltration forms part of the proposed stormwater system such as infiltration trenches and soakaways, soakage test results and test locations are to be submitted in accordance with BRE digest 365.

Specification of how the scheme will be maintained and managed after completion.

3 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

4 The applicant is advised that the reserved matters application should include low-rise development to ensure no harm is raised to the significance of the existing built historic environment.

5 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.

6 Safeguards should be implemented during the construction phase to minimise the risks of pollution and detrimental effects to the water interests in and around the site. 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 and the control and removal of spoil andwastes. We recommend the applicant refer to our Pollution Prevention Guidelines, which can be found at: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

7 It is important for the applicant to note that the reserved matters application(s) should respect the setting of the listed buildings and listed walls and should include details of how they will be protected.

8 The Strategic Planning Committee welcomes the fact that the Developer has agreed to form a Neighbourhood Liaison Group.

Supporting documents: