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17/07793/FUL - Wavin Ltd Parsonage Way Chippenham Wiltshire - Works to existing road to provide new road link connecting B4069 Langley Road and Parsonage Way, including the provision of a footway/cycleway and new landscaping. Construction of new gyratory junction on Langley Road. Stopping up of existing section of Parsonage Way and change of use to provide storage area. Construction of link to existing storage area and provision of security fencing.

A report by the Case Officer is attached.

Minutes:

The Committee received a presentation from the Case Officer which set out the issues in respect of the application. The purpose of the report was to consider the proposed development in the context of national guidance and adopted development plan policies and site specific impacts and to consider a recommendation that planning permission be granted subject to the completion of a legal agreement under Section 106 of the Town & Country Planning Act 1990 to meet identified highways requirements within six months of the date of the Committee resolution and conditions. The Case Officer drew attention to a late representation received from Langley Burrell Parish Council and Langley Burrell Residents’ Association, which had been circulated to members of the Committee, drawing attention to certain areas of concern. The Case Officer confirmed that officers had reviewed and considered the submission and concluded that no new matters were raised that had not been considered and addressed in the report to the Committee. The Case Officer provided a response to concerns and proposals listed in the conclusion of the late representation.

 

 

Members then had the opportunity to ask technical questions after which they heard statements from members of the public as follows, expressing their views concerning the application:-

 

·         Mr David Mannering, representing the Langley Burrell Residents’ Association, spoke in opposition to certain aspects of the application as set out in the late submission.

 

·         Mr Andrew Winstone, the agent, spoke in support of the application.

 

·         Cllr Robert Whitrow, Chairman of Langley Burrell Parish Council spoke in opposition to certain aspects of the application as set out in the late submission.

 

It was noted that Cllr Nick Murry and Cllr Howard Greenman, the local Members, had sent their apologies for not attending due to prior commitments.

 

During discussion, Members considered requirements and provision of the proposed S106 agreement and a possible extension of the bund along the entire northern perimeter of the site and also the planting of a tree screen but after hearing from the Case Officer considered that the current arrangements were adequate.

 

Members also considered the design of the double roundabout system and considered that this would improve the flow of traffic.

 

After some discussion, on the proposal of Cllr Tony Trotman, which was seconded by Cllr Fred Westmoreland, 

 

Resolved:

 

To grant planning permission, subject to:-

 

(1)          The completion of a legal agreement under Section 106 of the Town & Country Planning Act 1990/planning obligation to secure Highways provisions with in six months of the date of this resolution.  In the event of the applicant declining to enter into an agreement within this timeframe to refuse permission for the following reason:-

 

The proposed development without the required planning obligation fails to deliver the necessary highways works and enhancements required to secure a safe and appropriate development and thereby conflicts with Wiltshire Core Strategy (Jan 2015) CP3 CP34(ix) CP57 (ix) CP60 CP61 CP62; and paragraphs 11 and 108 (b) 109 110 of the National Planning Policy Framework (July 2018)

(2)          The following 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.  The development hereby permitted shall be carried out in accordance with

the following approved plans and documents:

 

Ecological Assessment and Surveys Received 05 April 2018 and 09 July 2018

Transport Statement Final V6-2 20 April 2018

Landscape and Visual Impact Assessment 05 April 2018

Double Roundabout Junctions 9 Arcady Report 05 April 2018

Single Roundabout/Rail Bridge Link Junctions 9 Arcady Report 05 April 2018

Hydrock Road Safety Audit Stage 1 RDW/TS/18/1692/RSA1; Ref: C14930 – Stage 1 RSA Designer’s Response 18 April 2018

 

C14930 D001 Topographical Survey A0 1:500

14930 C020c Engineering Layout Sheet 1 Of 5 A1 1:250

14930 C021c Engineering Layout Sheet 2 Of 5 A1 1:250

14930 C022c Engineering Layout Sheet 3 Of 5 A1 1:250

14930 C023d Engineering Layout Sheet 4 Of 5 A1 1:250

14930 C024d Engineering Layout Sheet 5 Of 5 A1 1:250

 

All Received 10 July 2017

 

Arboricultural Impact Assessment – D14 267 08 Rev A

Arboricultural Constraints Report – D14 267 07

Drawing AIA Plan – D14 267 P5

 

All Received 09 August 2018

 

Site Location Plan PH3B/01B

Double Roundabout General Arrangement 14930-P009.0 Revision P2

One way Gyratory Swept Path Analysis 14930-P009.1 Revision P1

Double Roundabout Visibility 14930-P009.2 Revision P1

Double Roundabout Deflection 14930-P009.3 Revision P1

Proposed Rail Bridge Link General Arrangement 14930-P008.0 Revision P2

Proposed Rail Bridge Link Swept Path Analysis 14930-P008.1 Revision P1

Proposed Rail Bridge Link Forward Visibility and Deflection 14930-P008.2 Revision P1

Phase 3B Change of Use PH3B/02A

Phase 3b Scheme Overview 1 PH3B/03B

Phase 3b Scheme Overview 2 PH3B/04B

Phase 3b Scheme Overview 3 PH3B/05B

Key To Larger Scale Plans PH3B/06B

Plan 1 PH3B/07B

Plan 2 PH3B/08A

Plan 3 PH3B/09B

Plan 4 PH3B/10A

Plan 5 PH3B/11

Plan 6 PH3B/12B

Section A-A PH3B/13B

Section B-B PH3B/14A

Section C-C PH3B/15

Section D-D PH3B/16

Panorama Images 1 – 25

Landscape Proposals Phase 3 683-02A

Landscape Context Plan 683-10C

Landscape Assessment Plan 683-11E

All received 05 April 2018

 

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

 

3. No demolition, site clearance or development shall commence on site until an Arboricultural Method Statement (AMS) prepared by an arboricultural consultant providing comprehensive details of construction works in relation to trees shall be submitted to, and approved in writing by, the Local Planning Authority.  All works shall subsequently be carried out in strict accordance with the approved details. In particular, the method statement must provide the following: -

 

-      A specification for protective fencing to trees during both demolition and construction phases which complies with BS5837:2012 and a plan indicating the alignment of the protective fencing;

-      A specification for scaffolding and ground protection within tree protection zones in accordance with BS5837:2012

-      A schedule of tree works conforming to BS3998.

-      Details of general arboricultural matters such as the area for storage of materials, concrete mixing and use of fires;

-      Plans and particulars showing the siting of the service and piping infrastructure;

-      A full specification for the construction of any arboriculturally sensitive structures and sections through them, including the installation of boundary treatment works, the method of construction of the access driveway including details of the no-dig specification and extent of the areas of the driveway to be constructed using a no-dig specification; 

-      Details of the works requiring arboricultural supervision to be carried out by the developer's arboricultural consultant, including details of the frequency of supervisory visits and procedure for notifying the Local Planning Authority of the findings of the supervisory visits; and

-      Details of all other activities, which have implications for trees on or adjacent to the site.

 

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.

 

4. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first use of the land 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, commencing from the date of notified completion of the approved landscaping scheme to the LPA, 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 B8 Stockyard development and excluding the car park hereby approved being first brought into use 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.

 

5. The approved floodlight(s) existing within the site approved under application reference  15/04763/FUL shall not be illuminated outside the hours of 05:00am in the morning and 11pm in the evening from Mondays to Sundays.  The floodlights shall not be illuminated at any time on Bank or Public Holidays.

 

REASON:  To minimise the impact of the floodlight(s) and in the interests of the amenity of the area.

 

6. No additional external lighting beyond that approved under application reference 15/04763/FUL shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage 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.  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.

 

 

7. The B8 Stockyard use hereby permitted (excluding the use of the staff car park) shall only take place between the hours of 05:00am in the morning and 11pm in the evening from Mondays to Sundays.  The use shall not take place at any time on Bank or 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.

 

8. The site shall be used for B8 Storage and Distribution and for no other purpose (including any other purpose in Class B 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 having regard to the circumstances of the case.

 

9. 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 together with all required supporting evidence, has been submitted to and approved in writing by the Local Planning Authority. 

 

REASON: To ensure that the development can be adequately drained

 

10. The development shall not be first brought into use until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

 

11. The mitigation measures detailed in the approved Ecological Assessments [Wessex Ecological Consultancy March 2018 & Ellendale GCN Survey 11 June 2018 EEL138R18060SP] shall be carried out in full prior to the first bringing into use of the development and/or in   accordance   with   the   approved   timetable   detailed   in   the   Ecological Assessment. The works will be carried out in strict accordance with all recommendations given in the ecological survey reports by Wessex Ecological and Ellendale Environmental, to ensure that European Protected Species (especially great crested newts) are not adversely impacted by the works.

 

REASON:  To  mitigate  against  the  loss  of  existing  biodiversity  and  nature habitats.

 

12. There shall be no raising of existing ground levels on the site.

 

REASON:  In the interests of visual amenity.

 

13. 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;

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.

 

14. Notwithstanding the detailed drawings submitted as part of the application, full details of the construction of all the alterations to the existing Parsonage Way and the existing haul road and its new junctions shall be submitted to and approved by the local planning authority prior to the works commencing. The details shall include, but not be limited to, carriageway and cycle track structure, drainage, signing, lining, street lighting, landscaping, levels, fencing, retaining walls, anti-incursion barriers (railway), visibility splays and treatment of residual non-stopped-up elements of Parsonage Way. The works shall be undertaken in accordance with the details approved.

 

REASON: To ensure that an acceptable overall scheme is achieved.

 

15. Prior to the commencement of the development, the approved roundabout on the B4069 serving the North Chippenham mixed use site (Ref: N/12/00560/OUT) shall have been fully constructed and adopted, unless a formal legal agreement has otherwise been entered into between the local highway authority, the developer responsible for the North Chippenham B4069 roundabout and the applicant, which secures the delivery of a combined double roundabout junction.

 

REASON: To minimise highway disruption resulting from the double roundabout proposals, and to ensure that maintenance responsibilities are not obfuscated between developers.

 

16. The ‘haul road’ route shall not be opened for public use (and by inference, Parsonage Way shall not be stopped up) until the works have been completed in their entirety, including the closure of all accesses between the southern side of the ‘haul road’ and the adjacent storage yard and the approved fencing along the completed length of the ‘haul road’, and the local planning authority has confirmed that any recommendations of a Road Safety Audit ,Stage 3 have been appropriately addressed (certified as such in writing by the local highway authority) .

 

REASON: To ensure that the proposed alternative route to Parsonage Way is fit for purpose and safe for use by the public before Parsonage Way is closed to through traffic.

 

17. No works shall be undertaken on the site except in accordance with a programme of works which shall first have been submitted to and approved by the local planning authority.

 

REASON: In the interests of highway safety, and to ensure that existing access arrangements are not prejudiced.

 

INFORMATIVE TO APPLICANT:

The stopping up of Parsonage Way will only be addressed by way of an application to the Secretary of State for Transport, through the provision of s247 of Town and Country Planning Act 1990. If permitted, any planning permission resulting from this planning application will form the basis on which the s247 application will be determined.

A s278 agreement will be required between the applicant and Wiltshire Council in relation to the highway works shown in outline in the approved drawings. No works are permitted on the highway unless or until the agreement has been completed.

 

Statutory Undertakers having apparatus in Parsonage Way will retain rights of access even if the road is formally stopped up, unless agreement on alternative routes can be reached; the applicant should be aware that, if new services are proposed for the Rawlings Green site, it could have implications for the proposals.

 

INFORMATIVE TO APPLICANT:

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer.  Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

INFORMATIVE TO APPLICANT:

The applicant should note that the costs of carrying out a programme of archaeological investigation will fall to the applicant or their successors in title.  The Local Planning Authority cannot be held responsible for any costs incurred.

 

INFORMATIVE TO APPLICANT:

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

 

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

INFORMATIVE TO APPLICANT:

This permission shall be read in conjunction with an Agreement made under Section  106  of  the  Town  and  Country  Planning  Act,  1990  and  dated  the [INSERT].

 

INFORMATIVE TO APPLICANT:

The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place.    Please   note   that   this   consent   does   not   override   the   statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please see Natural England’s website for further information on protected species.

 

INFORMATIVE TO APPLICANT:

The consent hereby granted shall not be construed as authority to carry out works on the highway.  The applicant is advised that a license may be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway.

 

Appendices: none

 

Background Documents Used in the Preparation of this Report:

 

NPPF Revised July 2018

Wiltshire Core Strategy

Langley Burrell Neighbourhood Plan

Chippenham Site Allocations Development Plan Document

Application Supporting Documentation

Planning Practice Guidance

 

 

 

 

 

Supporting documents: