Agenda item

Public Participation

Nigel Urch spoke in objection to the application

Julia Urch spoke in objection to the application

Anthony Barber spoke in objection to the application

Chris Beaver, agent, spoke in support of the application

 

Eileen Medlin, Senior Planning Officer, presented a report which recommended that authority be delegated to the Head of Development Management to grant full planning permission subject to planning conditions and informatives and following the completion of a draft s106 Agreement to cover the necessary developer obligations, as summarised within section 10 of the report and as stipulated at condition 23 and to approve planning permission for the erection of 79 dwellings and associated works, following the demolition of existing buildings.

 

Updates to the report were explained, which included the recommendation of imposing an additional condition to bind any consent to prevent development being commenced until the planning obligations in a form annexed to the planning permission has been completed by all parties with an interest in the development land and approved in writing by the Council. The officer also reported a correction to the report relative to the number of trees that would be removed from the site which currently have Tree Protection Orders (TPO).

 

Key issues included the principle of development, impact upon trees, highways and parking and education provision.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. In response to question relating to the reported education objection, the reporting officer advised members that earlier in the day, a meeting had taken place involving service directors and senior officers from development management as well as the education and estates team. Committee members were informed of the adopted methodology used to calculate future school places by the education service and their appraisal of existing school capacities.

 

The reporting officer informed the committee that following a detailed inspection of the latest shared calculations, several applications documented by the education team as being ahead in the application registration queue that would generate school space demand, had been recently refused by the planning authority; whilst others had appeals withdrawn or were considered to be undeliverable. 

 

In the case of the projected strategic development at Ashton Park members were informed that the indicative housing trajectories and subsequent school demands to be generated by the development is likely to be delayed by several years at least. Members were further advised that planning officers had properly weighed up the education objection, had recognised the reasons behind the objection, but argued that the application must be appraised in light of current spare school infrastructure provision and be fully mindful of the evolving status of planning applications and appreciate that once an application is refused and appeal is dismissed or withdrawn, the associated calculated school needs should be deleted and in terms of the current application, there is a need to apply the appropriate NPPF and WCS policy tests in terms of supporting sustainable housing development proposals.

As a result, and in light of the above, planning officers reported that the application should be approved having due regard to the particular set of circumstances that apply at this time.

 

Additional detail and commentary was sought on the parking provision, the demolition of the former driving centre building and how the nuclear bunker underneath would be dealt with.  There were additional questions raised about the existing trees and the proposed landscaping. It was confirmed that one of the recommended conditions would remove permitted development rights for the proposed garages which were necessary to provide allocated parking on the site, which would mean that future occupiers seeking to convert the garaging, would require planning permission to do so.

 

Members of the public then had the opportunity to present their views to the Committee, as detailed above.

 

The local unitary division member, Councillor Graham Payne, then spoke in opposition to the application, drawing attention to the density of housing, education capacity concerns, the removal of significant and TPO’d trees. Cllr Payne furthermore argued that in the event permission is granted the quoted developer obligation for off-site play equipment should be utilised at the nearby Queen Elizabeth Field rather than in the more generic ‘local vicinity’, as recommended. The neighbouring unitary division member, Councillor David Halik, also spoke in opposition to the application.

 

A debate followed, where members discussed whether the proposed parking provision for the site was adequate.  The consultation response provided by the Council’s tree officer was subject to debate in terms of appreciating the argued merits for agreeing to some TPO’d trees to be felled. The design of the houses and layout of the site was also debated, along with further questions being asked about education needs and provision.

 

During debate a motion was moved from Councillor Jonathon Seed to delegate authority to the Head of Development Management to grant permission in accordance with the officer’s recommendation, with an amendment to stipulate that the Queen Elizabeth field should be the specified recipient of the financial contribution for off-site play provision to be enshrined within the s106 Agreement, and to also include two additional informatives to be drafted by officers relating to liaising further with the applicant to ascertain whether there was any provision for additional screen planting along the site boundary shared with the Halfords site and to include reference to a s38 agreement to secure on-street car parking restriction along part of the main road into the site from Wiltshire Drive, should problems develop near the site access. The motion was seconded by Councillor Pip Ridout.

 

At the conclusion of discussion, it was,

 

Resolved

 

That the committee delegates authority to the head of development management to grant full planning permission subject to the planning conditions and informatives listed below; and, following the completion of a draft s106 Agreement to cover the developer obligations as summarised within section 10 above and as stipulated by condition 23

 

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.    No development shall commence within the area indicated (proposed development 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 be carried out in accordance with the approved details.

 

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

 

NOTE: The work should be conducted by a professional archaeological contractor to which there will be a financial burden for the applicant.

 

3.    No development shall commence on site until a scheme for the discharge of foul water from the site, and abandonment of existing sewers within site not being re-used, has been submitted to and approved in writing by the Local Planning Authority in consultation with the sewerage undertaker.  The development shall not 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

 

4.    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 and appropriate attenuation measures, limiting the runoff to a maximum of 47.7 l/s and relevant permission for diversion of existing storm sewers, has been submitted to and approved in writing by the Local Planning Authority in consultation with the sewerage undertaker.  The development shall not be first occupied until surface water drainage, including diversions of existing storm sewers has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

 

5.    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 (including asbestos) 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 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.

 

6.    No development shall commence on site until details of the estate roads, footways, footpaths, cycle bollards, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not 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 have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

 

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

7.    No development shall commence on site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4m metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 43m in both directions from the centre of the access in accordance with the approved plans ‘External Works Layout’ (1 of 3) 750-141-1 Rev B received on the 15th February 2018. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 0.6m above the level of the adjacent carriageway.

 

REASON: In the interests of highway safety.

 

8.    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; and

h)        measures for the protection of the natural environment.

i)          hours of construction, including deliveries;

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

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

9.    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 the grant of planning permission.

 

10.No development shall commence on site above ground floor slab level until 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: In the interests of visual amenity and the character and appearance of the area.

 

11.All demolition, site clearance and development works shall be carried out in strict accordance with the approved details contained in the Arboricultural Report containing: Arboricultural Constraints, Arboricultural Impact Assessment (AIA), Tree Protection and Arboricultural Method Statement prepared by Silverback Arboricultural Consultancy and received by the council on 8^th December 2017.

 

The Tree Protection Fencing shown on Tree Protection Plan Phase 1 included in the above report shall remain in place until a full ‘No-Dig’ specification for works within the root protection area/canopies of protected and retained trees has been submitted and approved in writing by, the Local Planning Authority. The construction of the surface shall be carried out in accordance with approved details and thereafter retained.

 

REASON: In order that the Local Planning Authority may be satisfied that the trees to be retained on and adjacent to the site will not be damaged during the construction works and to ensure that as far as possible the work is carried out in accordance with current best practice and section 197 of the Town & Country Planning Act 1990.

 

12.No dwelling shall be occupied until the means of site/plot enclosures as shown on the approved plans have been provided in accordance with the approved plans.

 

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

 

13.No dwelling shall be occupied until the associated car parking spaces outlined on the approved plans and Parking Allocation schedule (750-106 Rev C received 16^th February 2018) have been consolidated, surfaced and laid out in accordance with the approved details.  This area shall be maintained and remain available for this use at all times thereafter.

 

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

 

14.No dwelling shall be occupied until a public art scheme for the site and a timetable for its subsequent installation have 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 the grant of 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.

 

15.The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

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

 

16.No dwelling shall 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 plans thereafter.

 

REASON: To ensure adequate facilities are in place upon occupation of the development

 

17.No dwelling shall be first occupied until the cycle parking facilities as shown on the approved plans have been provided in full and made available for use.  The cycle parking facilities shall be retained for use in accordance with the approved details at all times thereafter.

 

REASON: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than the private car.

 

18.No dwelling shall be first occupied until the works comprised in the scheme for mitigating the effects of noise for that dwelling as set out in the Noise Impact Assessment prepared by Matrix Acoustic Design Consultants received by the council on the 16^th February 2018 have been completed.

 

REASON: To minimise the disturbance which that could otherwise be caused to incoming occupiers by noise from the nearby noise sources.

 

19.No dwelling shall be first occupied until the mitigation measures set out in The Extended Phase 1 Ecology Report prepared by Stark Ecology received by the Council on the 7^th December 2017 are implemented.  The mitigation measures shall be retained on site thereafter. 

 

REASON: To ensure adequate ecological mitigation for the development for foraging and roosting bats and nesting sparrows.

 

20.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 buildings or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained in accordance with the 10 Year Maintenance Programme prepared by Peter Quinn Associates, received by the Council on the 20^th December 2017. 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.

 

21.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 garage hereby approved which is required to satisfy on-plot parking standards (as identified Parking Allocation schedule - 750-106 Rev C received 16th February 2018) shall be converted to ancillary habitable accommodation without first obtaining planning permission.

 

REASON:  To safeguard the amenities and character of the area and in the interest of highway safety and to ensure there is adequate car parking provision.

 

NOTE: Future PD rights to convert garaging into additional ancillary habitable accommodation would still apply to plots that can accommodate the requisite parking provision on-site.  This condition would only apply for plots/properties that rely on the garaging for off-street car parking

 

22.The development hereby permitted shall be carried out in accordance with the approved plans contained within the plan list schedule set out in the letter received from Planning Sphere and dated 22 February 2018.

 

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

 

23.Development shall not be commenced until a planning obligation requiring compliance with the obligations set out in the draft form of deed annexed hereto has been completed by all parties with an interest in the land and accepted in writing by the Council.

 

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 to be dated).

 

2.    Bats have been found roosting in the former Driving Test Centre and a licence from Natural England is required before its demolition. Please note that this consent does not override the statutory protection afforded to any such species. All British bat species are protected under The Conservation of Habitats and Species Regulations 2010 (as amended) which implements EC Directive 92/43/EEC in the United Kingdom, and the Wildlife and Countryside Act 1981 (as amended). This protection extends to individuals of the species and their roost features, whether occupied or not.

 

3.    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

 

4.    The applicant is encouraged to liaise further with officers to review the potential for more screen planting along the site boundary shared with Halfords.

 

5.    The applicant and highways authority should liaise further to enshrine traffic regulation order provisions within a s38 agreement to restrict car parking along the main road into the site off Wiltshire Drive.