Agenda item

Public participation

 

Richard Morison, on behalf of the Cooperative Group, spoke in objection to the application.

 

Daniel Wheelwright, the agent for 18.02180.FUL, spoke in objection to the application.

 

Barbara Bowman, local resident, spoke in support to the application.

 

Simon Glover, the applicant, spoke in support to the application.

 

Barry Lingard, local resident, spoke in support to the application.

 

Dan Templeton, the agent, spoke in support to the application.

 

Cllr Roger Budgen, Chairman of St Paul Without Parish Council, spoke in objection to the application.

 

Cllr John Gundry, Malmesbury Town Council, spoke in objection to the the application.

 

The Planning Officer, Lee Burman, introduced a report which recommended granting planning permission, subject to conditions and the completion of a section 106 planning obligation within 6 months of the date of the meeting, for Full Approval for the Demolition of Existing Buildings and the Erection of a Class A1 Foodstore (1,782 sq m Gross Internal Floor Area) with Associated Access, Car Parking and Landscaping; and Outline Approval for a Replacement Garden Centre and/or Class B1/B2/B8 Employment Uses. Conditions as revised in late items.

 

Key issues highlighted included: principle of development; retail impact and the sequential test; impact on the character, appearance and visual amenity of the locality including trees; impact on heritage assets including archaeology; highways impact and parking; drainage & flood risk; impact on ecology; noise & residential amenity and section 106 matters.

 

Members of the Committee then had the opportunity to ask technical questions of the officer which focused on: landscaping improvements; roadside screening and tree planting.

 

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

detailed above. The representations of St Paul Malmesbury Without Parish and Malmesbury Town Councils, as detailed in the report, were also noted.

 

Cllr John Thomson, Division Member for Sherston, spoke regarding the application with the main points focusing possible employment opportunities; the desire to develop the site in question; the low level of objections to the proposal; the development of brownfield sites and highways and traffic issues.

 

Cllr Gavin Grant, Division Member, spoke regarding the application with the main points focusing on the desire for a discount retail store; the need to ensure a garden centre will remain on the site; possible employment opportunities; highways issues; the desire for the proposal to enhance the retail experience across the Malmesbury area and the need for the applicant to take local needs into consideration and engage with those that live in the vicinity.

 

The Planning Officer addressed some of the issues raised by the public and local members with the main points focusing on: the robustness and appropriateness of the assessments undertaken; that there is scope for voluntary contribution to S106 from the applicant; pedestrian access; highways issues and the impact to residential amenity.

 

At the start of the debate the Chairman moved the recommendation of the officers, seconded by Cllr Howard Greenman, to grant planning permission as detailed in the report.

 

During the debate the main points raised were: possible employment opportunities; the potential for voluntary contribution to S106 from the applicant; a possible speed limit reduction; the traffic flow arrangements; possible adverse effects of noise; drainage issues and concerns over the vitality of Malmesbury town centre.

 

Resolved

 

Resolved to approve in accordance with the Officer recommendation subject to the conditions as amended in the late items and set out below; and delegation of authority to the Corporate Director Growth, Investment, & Places in consultation with the Chairman to consider submissions from the Malmesbury Town Team, to be made within two months of the date of the Committee meeting, setting out the need and basis for S106 financial contributions toward enhancing town centre vitality and viability. Submissions to include projects toward which funds would be dedicated. The case officer to prepare a report to the Committee Chairman and the Corporate Director as to the adequacy of submissions and compliance with relevant regulations, policies and guidance.

 

Outline

 

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

 

REASON:  To comply with the provisions of Section 92 of the Town and Country

Planning Act 1990 as amended by the Planning and Compulsory Purchase Act

2004.

 

2. No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

 

(a) The scale of the development;

(b) The layout of the development;

(c)  The external appearance of the development;

(d) The landscaping of the site;

 

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

 

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

 

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

 

REASON:  To comply with the provisions of Section 92 of the Town and Country

Planning Act 1990.

 

4. No part of the development shall be first brought into use 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].

 

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:-

 

•         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;

•         finished levels and contours;

•         means of enclosure;

•         car park layouts;

•         other vehicle and pedestrian access and circulation areas;

•         all hard and soft surfacing materials;

•         minor artefacts and structures (e.g. refuse and other storage units, signs, lighting etc);

•         tree(s), of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428

 

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 a landscape management plan, including long-term design objectives, management responsibilities and maintenance  schedules  for  all  landscape  areas  (other  than  small,  privately owned, domestic gardens) has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved 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 proper management of the landscaped areas in the interests of visual amenity.

 

8. No  development  above damp course level shall  commence  on  site  until  details  of  the  works  for  the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

9. 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 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.

 

10. The permitted replacement Garden Centre shall be on a like for like basis involving the same total of indoor floorspace as referenced on the application form (84.2 sq m), Polytunnels as permitted (254.6 m sq m) and outdoor retail floorspace as existing; with any cafe/restaurant also limited to the floorspace identified in the application form (97 sq m); and with the same mix and range of goods sold at present.

 

REASON:  In the interests of the vitality and viability of the Town Centre.

 

FULL

 

10. 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.

 

11. The development hereby permitted shall not, at any time, be subdivided into a larger number of units and the net sales area shall be limited to 1,315sq m with no less than 80% of the sales area being used for convenience goods sales; and No more than 20% of the sales area being used for comparison goods sales.

 

REASON: To enable the Local Planning Authority to consider individually whether planning permission should be granted for additional units on the site and in the interests of the vitality and viability of the town centre.

 

12. 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 site shall be used solely for purposes within Class A1  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 class(es), having regard to the circumstances of the case.

 

13. No development above ground floor slab level shall commence on site until the exact 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: 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.

 

14. 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 for the detailed part of submission for the Aldi store including the storm system being sized to take flows from the outline part of the application with assigned discharges for each of the future sites limiting total flow from whole site to 29.3 l/s, has been submitted to and approved in writing by the Local Planning Authority.

 

REASON: To ensure that the development site as a whole can be adequately drained

 

15. The Aldi store part of development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained

 

16. The development hereby permitted shall not be brought into use until details of the storage of refuse, including details of location, size, means of enclosure and materials, have been submitted to and approved in writing by the Local Planning Authority, and; the approved refuse storage has been completed and made available for use in accordance with the approved details. The approved refuge storage shall thereafter be maintained in accordance with the approved details.

 

REASON: In the interests of public health and safety.

 

17. The development hereby permitted shall not be brought into use until details of recycling facilities (including location and range of facilities) have been submitted to and approved in writing by the Local Planning Authority, and; the approved recycling facilities have been completed and made available for use in accordance with the approved details. The approved recycling storage shall thereafter be maintained in accordance with the approved details.

 

REASON: In the interests of public health and safety.

 

18. There shall be no customers/members of the public on the site outside the hours of (22:00pm) and (08:00am) from Mondays to Saturdays nor (17:00pm) to (10:00am) Sundays and Bank 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.

 

19. No materials, goods, plant, machinery, equipment, finished or unfinished products/parts of any description, skips, crates, containers, waste or any other item whatsoever shall be placed, stacked, deposited or stored outside any building on the site.

 

REASON: In the interests of the appearance of the site and the amenities of the area.

 

20. The development hereby approved shall not be brought into first operation until the Draft Travel Plan Entran 27 July 2018 has been has been submitted in Final form to and approved in writing by the Local Planning Authority. The Travel Plan shall include full details of implementation and monitoring and shall be implemented in accordance with these agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results.

 

REASON: In the interests of road safety and reducing vehicular traffic to the development.

 

21. The development hereby permitted shall not be brought into use until a scheme to restrict shopping trolleys leaving the site has been submitted to and approved by the Local Planning Authority and; the approved scheme has been brought into operation. The approved scheme shall thereafter be maintained in operation in accordance with the approved details.

 

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

 

22.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re- enacting or amending those Orders with or without modification), no development within Part 7, Classes (a) (c) & (d) shall take place on the building or within the curtilage of the building subject of this permission.

 

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

OUTLINE AND FULL

 

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

 

Design and Access Statements Rev E

160389 1501 P5

160389-1500-P4

SK202 REV A

SK203 REVA

Received 01/02/2019

 

10632-0050 REV D

Drainage Strategy Craddy’s

Received 08/02/2019

 

160389 1601 P1

160389 1403 P7

Topographical Survey

SK203 Swept Path analysis

160389 1400 P6

Tree Protection Plan

Archaeological Evaluation

Landscape Addendum

Ecological Addendum

11593/PO9

11593/PO8

Received 21/12/2018

 

160389 1402 P2

160389 1401 P3

B2340-MJA-P105-4756-B

160389 - 1100 P4

Received 27/07/2018

 

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

 

24. No part of the development shall be first brought into use 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].

 

25. No intrusive groundworks shall commence within the site area indicated as Areas ABCD on plan ref 160389 1403 P7 until:

 

a.       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; and

 

b.       The approved programme of archaeological work has been carried out in accordance with the approved details.

 

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

 

26. The development hereby permitted shall not be first brought into use until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

27. 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

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.

 

 

28. Prior to the commencement of any works on site, including site clearance, vegetation clearance, ground works, demolition and boundary treatment works, an Ecological Mitigation and Enhancement Strategy (EMES) shall be submitted to the local planning authority for approval in writing. This shall include the results of further survey of any boundary trees identified as having moderate or high suitability for roosting bats within and/or bordering both the full and outline areas of the application site. It shall also include, and be informed by, the results of a dedicated reptile survey of the whole hybrid application site and an updated badger survey; the results of the latter may need to be submitted to the LPA as an addendum if the EMES has already been submitted and approved by the LPA prior to the badger survey being undertaken. The surveys must be conducted by suitably experienced and qualified professional ecological consultants. Any mitigation and compensation necessary as a result of the findings of the aforementioned further surveys must also be presented in the EMES and/or addendum. Specific details of all ecological avoidance, mitigation and compensation measures as well as ecological enhancements shall be clearly detailed within the EMES as well as being shown on a corresponding site plan. In addition to the wildflower, hedgerow and tree planting, ecological enhancement shall also include but not be limited to, the provision of nesting features for birds and roosting features for bats which should be installed on buildings and/or suitable trees. The development shall be carried out in strict accordance with the approved strategy.

 

REASON: To ensure compliance with the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981 (as amended) and Section 41 of the NERC Act (2006); and to ensure full details of all ecological avoidance, mitigation and compensation measures as well as ecological enhancements, are provided and implemented in accordance with Paragraph 118 of the NPPF, Section 40 of the NERC Act (2006) and CP50 of the Wiltshire Core Strategy (Adopted January 2015) given that insufficient details were submitted prior to determination of the planning application.

 

29. Prior to the commencement of any works on site, including ground works, demolition, site clearance, vegetation clearance and boundary treatment works, a Landscape and Ecology Management Plan (LEMP) shall be submitted to the local planning authority for approval. The LEMP shall provide details of the proposed maintenance and management of the site; and details and corresponding plans of landscape planting. The development site shall be managed and maintained in accordance with the measures set out in the approved LEMP in perpetuity unless otherwise agreed in writing with the local planning authority.

 

REASON: To ensure the appropriate maintenance and management of habitats that provides a function for biodiversity.

 

30. Prior to the commencement of development works on site, a lighting strategy for biodiversity and site lighting plan that has been prepared with input by, and/or has been reviewed and verified by, the commissioned ecological consultancy shall be submitted to the local planning authority for approval in writing. The strategy shall illustrate the location, height and specification of proposed luminaires, together with a lux plot/lighting contour plan and details of mitigating fixtures to be used such as cowls, louvres or baffles. All lighting shall be installed in accordance with the approved lighting strategy and no other external lighting shall be installed without prior written consent from the local planning authority.

 

REASON: To minimise light spillage onto boundary habitats and features, sensitive areas for protected and priority species and adjacent habitats, and to maintain dark corridors for wildlife, particularly commuting and foraging bats, and due to insufficient details having been submitted prior to the determination of the planning application as the submitted Proposed External Lighting & Luxplot plan (Drawing no. B2340-MJA-P105-4756-B, 6 July 2018) covers only the Aldi store site (full application area).

 

31. Prior to the commencement of development works on site, including ground works, demolition, site clearance, vegetation clearance and boundary treatment works, an AIA and Tree Protection Plan for the area of the application site subject to the outline aspect of the application shall be submitted to the local planning authority for approval in writing. Thereafter development shall be carried out in strict accordance with the approved AIA and Tree Protection Plan.

 

REASON: To ensure appropriate retention and protection of trees at the site, and on account of the information submitted to the Council to date, namely the AIA and Tree Protection Plan (Bosky Trees, 31st October 2018), having only covered the full application area and not the outline application area.

 

32. The full and outline aspects of the development shall be undertaken in strict accordance with the recommendations and measures stipulated in Section 4 and 5 of the Preliminary Ecological Appraisal (Tyler Grange, 18 May), R03c_Ecology Addendum to Address Consultation Response (Tyler Grange), the Habitat Features Plan (11593/PO8), the Landscape and Ecology Strategy Plan (11593/PO9) and AIA and Tree Protection Plan (Bosky Trees, 31st October 2018). The development shall be carried out with liaison with, and supervision by, a suitably qualified and competent ecological consultant where applicable. The development shall also be carried out in strict accordance with the pending EMES, CEMP, LEMP, lighting strategy for biodiversity and AIA and Tree Protection Plan (the latter is with respect of the outline aspect of the application) once submitted to, and approved in writing by the local planning authority.

 

REASON: To ensure appropriate and adequate protection and mitigation for ecological receptors including protected and priority species and habitats is implemented in accordance with the NPPF and CP50 of the Wiltshire Core Strategy (Adopted January 2015), and to ensure compliance with the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981 (as amended) and Section 41 of the NERC Act (2006).

33. The development hereby approved shall not commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures:

 

a) An introduction consisting of construction phase environmental management plan, definitions and abbreviations and project description and location;

b) A description of management responsibilities;

c) A description of the construction programme;

d) Site working hours and a named person for residents to contact;

e) Detailed Site logistics arrangements;

f) Details regarding parking, deliveries, and storage;

g) Details regarding dust mitigation;

h). Details of the duration of identified works that may affect amenity and measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; and

i) Communication procedures with the LPA and local community regarding key construction issues – newsletters, fliers etc.

j) Identification of biodiversity protection zones/buffer zones and tree root protection zones/areas;

k) The location and timing of works that need to be scheduled and undertaken in such a way as to avoid/reduce potential harm to ecological receptors;

l) Details of the times pre-construction and during construction when specialist ecologists need to be present on site to supervise specific elements of the works and details of the responsibilities of the ecologist/ ecological clerk of works (ECoW);and

m) Location and types of protective fences, exclusion barriers and warning signs to be installed for the site clearance and construction periods.

n) Pollution prevention measures

 

Development shall be carried out in full accordance with the approved CEMP. There shall be no burning on site at any time. Hours of construction shall be limited to 0730 to 1800hrs Monday to Friday, 0730 to 1300hrs Saturdays and no working on Sundays or Bank Holidays; with any ‘one off’ departures from this being agreed with the LPA prior to works commencing.

 

REASON: To protect local; amenity from adverse effects of noise, dust and odour

 

34. Prior to occupation a lighting scheme must be submitted for the approval of the Local Planning Authority in accordance with the Institute of Lighting Professional’s Guidance notes for the reduction of obstructive light. The scheme must be designed by a suitably qualified person in accordance with the recommendations for environmental zone E2 in the ILP document “Guidance Notes for the Reduction of Obtrusive Light GN01:2011.

 

35. Before commencement of operation of the approved lighting scheme the applicant shall appoint a suitably qualified member of the institute of lighting professionals (ILP) to validate that the lighting scheme as installed conforms to the recommendations for environmental zone E2 in the ILP document “Guidance Notes for the Reduction of Obtrusive Light GN01:2011

 

REASON: To protect local amenity from adverse effects of light

 

36. Prior to the commencement of building works above ground of the relevant part of the development, full details of any internal and external plant equipment and trunking, including building services plant, ventilation and filtration equipment and commercial kitchen exhaust ducting / ventilation, shall be submitted to and approved in writing by the Local Planning Authority. All flues, ducting and other equipment shall be installed in accordance with the approved details prior to the use commencing on site and shall thereafter be maintained in accordance with the manufacturer's instructions.

 

REASON: To protect local; amenity from adverse effects of noise

 

37. Prior to first use of the development hereby permitted an assessment of the acoustic impact arising from the operation of all internally and externally located plant shall be undertaken in accordance with BS 4142: 2014 by a suitably qualified person. The assessment shall be submitted to the Local Planning Authority together with a scheme of attenuation measures to ensure the rating level of noise emitted from the proposed plant shall be less than background. The scheme shall be submitted to and approved in writing by the Local Planning Authority. A post installation noise assessment shall be carried out to confirm compliance with the noise criteria and additional steps to mitigate noise shall be taken, as necessary.  The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained.

 

REASON: To protect local amenity from adverse effects of noise

 

38. Hours of operation of any store must be limited to 0800 to 2200hrs and deliveries limited to 0700 to 2300 hrs Monday to Friday. Deliveries shall be limited to 0700 to 1300hrs on Saturdays and Sundays/Bank Holidays. Hours of operation on Sundays and Bank Holidays should be no more than 1000 to 1600hrs.

 

REASON: To protect local; amenity from adverse effects of noise

 

39. The development shall be carried out as specified in the approved Arboricultural Impact Assessment & Tree Protection Plan prepared by BOSKYTREES Arboricultural Consultancy dated 31st October 2018 and shall be supervised by an arboricultural consultant, if required.

 

REASON: To prevent trees on site from being damaged during construction works.

 

40. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

 

REASON: To prevent pollution of controlled waters.

 

INFORMATIVES:

1. The submitted CEMP must include safeguarding measures to deal with the following pollution risks: - the use of plant and machinery - wheel washing and vehicle wash-down and disposal of resultant dirty water - oils/chemicals and materials - the use and routing of heavy plant and vehicles - the location and form of work and storage areas

 

2. 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.

3. 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.

 

4. 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.

 

5. 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.

 

6. 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.

 

7. 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.

 

8. This permission does not permit the display of any advertisements which require consent under the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007 or under any Regulation revoking and re-enacting or amending those Regulations, including any such advertisements shown on the submitted plans.

 

9. 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].

 

10. Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

11. The further approval of the Local Planning Authority in respect of those matters reserved by condition(s) [INSERT] of outline planning permission dated [INSERT} is required before development commences.