Agenda item

Public Participation

Thomas Mallard, local resident, spoke in objection to the application.

Mark Collis, local resident, spoke in objection to the application.

Geoff Barrett, Civic Society, spoke in objection to the application.

Chris Carpmael, applicant, spoke in support of the application.

Paul Davis, applicant, spoke in support of the application.

 

The Area team Leader, Lee Burman, introduced a report which recommended delegating authority to the Head of  Development Management to grant planning permission, subject to conditions and completion of a S106 legal agreement within three months of the date of this meeting, for the Demolition of Existing Buildings and the Erection of a 140 Unit Extra Care Facility (of which three are duplexes) (Use Class C2) Comprising of 21,602.6 sq m (gross external) of Floorspace Over Five Storeys (four storey building with a five storey recessed), Three Units for Uses within A1/A2/A3, 97 Car Parking Spaces Split Across the Basement (85 no. spaces) and Ground Floor Level (12 no. spaces) and Associated Access and Landscaping. Key issues highlighted included, principle of the development, impact on residential amenities of adjoining neighbours, impact on character and appearance of the area, loss of non-designated heritage asset, impact of the development on the character and appearance of the Conservation Area and highway impact.

 

Members of the Committee then had the opportunity to ask technical questions of the officer which focused on: hours of operation of external lighting, car parking bay for emergency services, land ownership of the site, artefacts of historic value to be made available for preservation by local history and civic societies, external cladding of the building, affordable housing provision, adequacy of car parking spaces and S106 contributions.

 

Members of the public then had the opportunity to address the Committee, as detailed above.

 

Councillor Nick Murry, Division Member, spoke in objection to the application with the main points focusing on: traffic volume issues, height and mass of the proposed building, access onto Sadlers Mead and impact on neighbouring residential amenities.

 

At the start of the debate a proposal was moved by Councillor Peter Hutton and seconded by Councillor Christine Crisp to grant planning permission as detailed in the report. During the debate the main points raised were: the need for the applicant to engage with the community during the development process, regeneration of a brownfield site, concerns about the availability of on-site car parking and possible impact on neighbouring roads, comparisons with similar developments and the provision of car parking spaces, references to Core Policy 57, i, ii and iii.

 

Resolved:

To delegate authority to the Head of Development Management to GRANT planning permission, subject to conditions and completion of a S106 legal agreement within three 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 originally defined timeframe to then delegate authority to the Head of Development Management 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 is therefore contrary to Policies CP3 and CP43 of the Wiltshire Core Strategy Adopted January 2015

 

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 part of the development shall be occupied until all the existing buildings on site have been permanently demolished and all of the demolition materials and debris resulting there from has been removed from the site.

 

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

 

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

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

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

 

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

 

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

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

·         finished levels and contours;

·         means of enclosure;

·         all hard and soft surfacing materials;

·         minor artefacts and structures (e.g. furniture, planters, and other storage units, signs, lighting etc);

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

6.    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.

 

7.    No development shall commence on site until the trees on the site which are protected by a Tree Preservation Order have been enclosed by protective fencing, in accordance with British Standard 5837 (2012): "Trees in Relation to Design, Demolition and Construction -Recommendations". Before the fence is erected its type and position shall be approved with the Local Planning Authority and after it has been erected, it shall be maintained for the duration of the works and no vehicle, plant, temporary building or materials, including raising and or, lowering of ground levels, shall be allowed within the protected areas(s).

 

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 Local Planning Authority to ensure the protection of trees on the site in the interests of visual amenity.

 

8.    No part of the development hereby permitted shall be brought into use or occupied until all access, turning areas and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

9.    The A3 unit here by approved shall not be brought into use, until details showing ventilation and extraction equipment within the site (including details of its position, appearance and details of measures to prevent noise emissions) have been submitted to and approved in writing by the Local Planning Authority, and the approved ventilation/extraction equipment has been installed in accordance with the approved details. The approved ventilation and extraction equipment shall thereafter be maintained in a serviceable condition in accordance with the approved details.

 

REASON: In the interests of the amenities of the area.

 

10.No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage 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, 2005)", have been submitted to and approved in writing by the Local Planning Authority. Details to be submitted for agreement shall include proposed hours of operation of the external lighting. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed. To require agreement over the hours of operation of any external lighting to be approved.

 

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

 

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

 

·         AA6717-2001 REV A

·         AA6717-2002 REV A

·         AA6717-2003 REV A

·         AA6717-2115 REV B

·         AA6717-2110 REV C

·         AA6717-2111 REV B

·         AA6717-2112 REV A

·         AA6717-2113 REV B

·         AA6717-2114 REV A

·         AA6717-2116 REV B

·         AA6717-2600 REV B

·         AA6717-2400 REV A

·         AA6717-2401 REV A

·         AA6717-2402 REV A

·         AA6717-2403 REV A

·         AA6717-2404 REV A

·         AA6717-2405 REV A

·         AA6717-2601 REV B

·         AA6717-2700

·         AA6717-2701 REV A

·         AA6717-2602

·         AA6717-2604

·         AA6717-1032 REV D

 

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

 

12.None of the individual units of residential accommodation at the development shall be used otherwise than as a private place of residence for a person or persons of whom at least one must be a 'qualified person' (defined below) at the date of his or her first occupation of the unit in question. For the purposes of this schedule a 'qualified person' means a person who is or has attained the age of 65 years and thereby in need of personal care by reason of old age or by reason of disablement. (whether or not such person suffers from a registered disability under the terms of the Chronically Sick and Disabled Persons Act 1970). An occupier of one of the individual units of residential accommodation who is not a 'qualified person' but who shares or previously shared the accommodation with a 'qualified person' (e.g. a spouse or surviving spouse) must have attained the age of at least 55 years.’

 

REASON: The application has been considered on the basis of occupation by elderly persons in class C2 accommodation and the Local Planning Authority wishes to consider any future changes to occupation of the building.

 

13.The development hereby permitted shall only be used for the purposes specified in the application and for no other purpose (including any other purpose in Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that Class in any Statutory Instrument revoking and/or reenacting that Order).

 

REASON: The application has been considered on the basis of occupation by elderly persons in class C2 accommodation and the Local Planning Authority wishes to consider any future changes to occupation of the building.

 

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:

o   human health,

o   property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

o   adjoining land,

o   groundwater and surface waters,

o   ecological systems,

o   archaeological sites and ancient monuments;

 

Step (ii) Submission of Remediation Scheme:

If any unacceptable risks are identified as a

 

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.

 

15.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: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

16.There shall be no subdivision of, extension to or amalgamation of the A1, A2 and A3 units shown on the approved plans.

 

REASON: The proposed use and size of the units is considered acceptable but the Local Planning Authority wish to consider any future proposal as it may result in conflict with the Wiltshire Core Strategy.

 

17.No deliveries shall be made to or collections made from the A1, A2 or A3 units 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.

 

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

 

18.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), the A1, A2 and A3 units shown on the approved plans site shall be used solely for purposes within these use Classes of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended)(or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

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

 

19.The A1 and A2 use hereby permitted shall not be open to the public except between the hours of 08:00am to 22:00pm on Monday to Saturday, 09:00am to 18:00pm on Sunday & Public Holidays.

 

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

 

20.There shall be no customers/members of the public within the A3 unit hereby approved except between the hours of 07:00am to 22:00pm on Monday to Saturday, 07:30am to 20:00pm on Sunday & Public Holidays.

 

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

 

21.No development shall commence on site (including any works of demolition), until a Commercial Waste Management and Collection plan, which shall include the following:

 

a)Means of collection of commercial waste;

b)Means of collection of clinical waste;

c)Means of collection of domestic waste;

d)Details of the operator

e)Procedures and plans setting out how all waste will be collected to ensure that collection vehicles are not parked on the public highway. has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full. The collection of waste shall not be carried out otherwise than in accordance with the approved statement.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to minimise detrimental effects to the highway network, the amenities of the area in general.

 

22.Prior to the demolition of the existing buildings on site until a full survey, including analysis, and photographic record of the historic Wiltshire College building has been submitted to and approved in writing by the Local Planning Authority. Any artefacts of historic value to be made available for preservation by local history and civic societies.

 

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 secure the proper recording of the undesignated heritage asset.