Agenda item

A report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the issues in respect of the application. He also reported that four further letters of objection had been received, the contents of which he summarised. The purpose of the report was to assess the merits of the proposals against the policies of the development plan and other material considerations and to consider the recommendation that planning permission should be approved subject to the imposition of planning conditions and a legal agreement under Section 106 of the Planning Acts.

 

Members then had the opportunity to ask technical questions after which they heard statements from members of the public as follows:-

 

·                     Ms Jennifer Rudd, representing Chippenham Civic Society, spoke in opposition to the proposal.

 

·                     Mr Chris Caswill, Chair of Friends of Monkton Park, spoke in opposition to the proposal.

 

·                     Mr David Roberts, a local resident, spoke in opposition to the proposal.

 

·                     Ms Charlotte Taylor, representing Avison Young, consultant to the project, spoke in support of the proposal.

 

·                     Ms Fran Woodward, representing Good Energy, spoke in support of the proposal.

 

·                     Mr Tim Martiennsen, representing Wiltshire Council as one of the joint applicants, spoke in support of the proposal.

 

Members then heard the views of Cllr Nick Murry, the local Member, who considered that the location for the application was wrong and that it would be more appropriate to position the proposed new HQ office building on a site on Bath Road. He considered that the proposed access through the site might encourage vandalism and was in conflict with the Conservation Area Management Plan.

 

During discussion, Members acknowledged that Chippenham was in need of economic development which this application would boost.  However, some Members did express some disappointment at the design of the building.

 

After further discussion, on the proposal of the Chairman, which was seconded by Cllr Tony Trotman,

 

Resolved:

 

To grant planning permission, subject to the prior completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to deliver the following infrastructure:

 

·                An indexed linked financial contribution of £125,000 towards the signalisation of New Road/Station Hill junction.

 

·                An index linked financial contribution of £70,000 for upgrading the existing Monkton Park path, linking the existing shared use path east of the site to NCN 403 to a shared pedestrian/cycle path.

 

And the imposition of the following conditions:-

 

Limits of permission

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.

 

Construction phase

 

2.         No development shall commence on site, until a Construction Method Plan, 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

h)        measures for the protection of the natural environment (including measures to avoid impacts upon nesting birds, as recommended within the submitted Ecological Appraisal)

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.

 

 

Highways and parking

 

3.         Prior to first occupation of the office development, the existing Sadlers Mead northern vehicular access shall be permanently closed with the existing lowered roadside kerbs replaced by full height kerbs, and the footway resurfaced to suit the revised levels.

 

REASON: In the interests of highway safety.

 

 

4.         No part of each of the respective elements of the development hereby permitted shall be first brought into use/occupied  until the accesses, all turning areas and parking spaces for that respective element 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.

 

 

Parking

 

5.         The Multi-Storey Car-Park (MSCP) shall be brought into full public usage no later than 6 months of the date of the office development being first occupied.   The MSCP shall be made available for continuous use thereafter.

 

REASON:  So as to ensure that both elements of the development take place and that a suitable quantum of parking space at the site is not rendered unavailable.

 

 

6.         In complete accordance with the outline strategy annexed to the submitted Planning Statement, no development shall take place until a detailed Car Park Displacement Strategy has been submitted to and agreed in writing by the Local Planning Authority.  Such a detailed strategy shall include evidenced agreements with alternative car park providers to accept displaced vehicles for the relevant time period. The development and, in particular the construction phase, shall be carried out in complete accordance with the approved strategy.

 

REASON:  In the interests of ensuring that construction of the development will not result in the disorganised disgorging of parking cars on the locality to the detriment of highway safety and traffic flow.

 

 

7.         Each element of the development hereby permitted shall not be first brought into use, until all bicycle and motorcycle parking facilities shown on the approved plans and Security Measures assessment (SDLS-AHR-CP-XX-RP-A-A3-002) in relation to that element have been provided in full and made available for use thereafter.  The bicycle and motorcycle parking facilities shall thereafter be retained for use for the parking of such in accordance with the approved details at all times.

 

REASON: To ensure that satisfactory facilities for the parking of motorcycles and bicycles are provided and to encourage travel by means other than the private car and to remain available for the parking of such thereafter.

 

 

Travel Plan

 

8.         No development of the office building shall commence above ground floor slab level until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include 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.

 

 

Landscaping

 

9.         All on site soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the completion of the development; 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.

 

 

10.      Prior to the first use of the Multi-Storey Car-Park hereby approved, details of mature planting to be planted off-site within Monkton Park shall have been submitted and approved in writing by the local planning authority. Details shall include planting species, location, size and an implementation programme for the planting. The planting shall be undertaken in complete accordance with the approved details prior within the first planting season following the first use of the Multi-Storey Car-Park.   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. 

 

REASON:  To ensure a satisfactory landscaped setting for the development, particularly views of the MSCP from Monkton Park.

 

 

Drainage

 

11.      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, has been submitted to and approved in writing by the Local Planning Authority. Neither element of 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.

 

 

12.      The office development 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. The office development shall not be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: 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.

 

 

Contaminated land

 

13.      Prior to the commencement of each phase of development approved by this planning permission a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

 

a)  A preliminary risk assessment which has identified:

 

•        all previous uses;

•        potential contaminants associated with those uses;

•        a conceptual model of the site indicating sources, pathways and receptors; and

•        potentially unacceptable risks arising from contamination at the site.

 

b)  A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

c)  The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

d)  A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

 

REASON:  To protect controlled waters, comprising but not necessarily limited to the underlying aquifer units and nearby surface water features.  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the National Planning Policy Framework.

 

 

14.      Prior to each phase of development being brought into use a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

REASON: To protect controlled waters, comprising but not necessarily limited to the underlying aquifer units and nearby surface water features.  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the National Planning Policy Framework.

 

 

15.      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 protect controlled waters, comprising but not necessarily limited to the underlying aquifer units and nearby surface water features.  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the National Planning Policy Framework.

 

 

16.      Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

REASON:  To protect controlled waters, comprising but not necessarily limited to the underlying aquifer units and nearby surface water features.  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the National Planning Policy Framework.

 

 

17.      No infiltration of surface water drainage into the ground is permitted other than with the written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

REASON:  To protect controlled waters, comprising but not necessarily limited to the underlying aquifer units and nearby surface water features.  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the National Planning Policy Framework.

 

 

Noise

 

18.      Prior to the commencement of building works of the office above ground floor level, 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 have been 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 first use of the offices and shall thereafter be maintained in accordance with the manufacturer's instructions.

 

REASON: So as to protect the amenity and living conditions of existing and future residents from unacceptable levels of noise from new plant.

 

 

19.      Prior to the commencement of building works of the office  above ground floor level, an assessment of the acoustic impact arising from the operation of all internally and externally located plant shall have been 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: So as to protect the amenity and living conditions of existing and future residents from unacceptable levels of noise from new plant.

 

 

Archaeology

 

20.      No works shall commence on site until a watching brief for each element of the development has been arranged to be maintained during the course of the development.  The watching brief shall be carried out in accordance with a written specification which shall have been first agreed in writing by the Local Planning Authority, by a professional archaeologist/building recorder or an organisation with acknowledged experience in the recording of standing buildings which is acceptable to the Local Planning Authority.

 

REASON: To safeguard the identification and recording of features of historic and/or archaeological interest associated with the fabric of the building.

 

 

Security

 

21.      Prior to the first use of the MSCP hereby permitted, all security and safety measures set out within the  Sadlers Mead MSCP - Assessment for Security Measures document (reference: SDLS-AHR-CP-XX-RP-A-A3-002) shall have been implemented and made ready for operation.  Those measures shall be operated, maintained and retained in that condition thereafter unless otherwise agreed in the form of a separate planning permission in that regard.

 

REASON:  In the interests of securing a form of development that provides for the safest practicable environment for users and surrounding residents whilst simultaneously reducing the potential for anti-social behaviour.

 

 

Permitted Development rights

 

22.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order) 2015 (or any Order revoking or re-enacting or amending this Orders with or without modification, the office development shall be used solely for purposes within Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment)(England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification) unless planning permission has been specifically granted following receipt of a planning application by the local planning authority.

 

REASON:  The proposed use is acceptable but, in the context of an urban environment where factors relating to traffic movements, car parking and amenity would need to be carefully considered, the Local Planning Authority wish to reserve the right to insist upon the submission of a planning application.

 

 

Approved plans and documents

 

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

 

SDLS-AHR-SS-ZZ-DR-A-90-051 P03 Existing Site Plan

SDLS-AHR-SS-ZZ-DR-A-90-052 P06 Proposed Site Plan

SDLS-AHR-SS-ZZ-DR-A-90-053 P01 Site Location Plan

 

SDLS-AHR-B1-00-DR-A-20-051 P03 Office - Ground Floor Plan

SDLS-AHR-B1-01-DR-A-20-051 P03 Office - First Floor Plan

SDLS-AHR-B1-02-DR-A-20-051 P03 Office - Second Floor Plan Planning

SDLS-AHR-B1-03-DR-A-20-051 P03 Office - Third Floor Plan

SDLS-AHR-B1-04-DR-A-20-051 P03 Office - Roof Plan

SDLS-AHR-B1-ZZ-DR-A-20-151 P04 Office Elevations - Sheet 1

SDLS-AHR-B1-ZZ-DR-A-20-152 P04 Office Elevations - Sheet 2

SDLS-AHR-B1-ZZ-DR-A-20-153 P04 Office Elevations - Sheet 3

SDLS-AHR-B1-ZZ-DR-A-20-251 P03 Office Section - Sheet 1

 

SDLS-AHR-CP-00-DR-A-20-051 P08 Car Park - Ground Floor Plan

SDLS-AHR-CP-01-DR-A-20-051 P07 Car Park - First Floor Plan

SDLS-AHR-CP-02-DR-A-20-051 P07 Car Park - Second Floor Plan

SDLS-AHR-CP-03-DR-A-20-051 P07 Car Park - Third Floor Plan

SDLS-AHR-CP-04-DR-A-20-051 P07 Car Park - Fourth Floor Plan

SDLS-AHR-CP-05-DR-A-20-051 P06 Car Park - Roof Plan

SDLS-AHR-CP-ZZ-DR-A-20-151 P08 Car Park Elevations - Sheet 1

SDLS-AHR-CP-ZZ-DR-A-20-152 P08 Car Park Elevations - Sheet 2

SDLS-AHR-CP-ZZ-DR-A-20-251 P07 Car Park Section - Sheet 1

 

SDLS-AHR-SS-ZZ-DR-A-20-151 P06 Site Elevations - Sheet 1

SDLS-AHR-SS-ZZ-DR-A-20-152 P07 Site Elevations - Sheet 2

SDLS-AHR-SS-ZZ-DR-A-20-251 P07 Site Section - Sheet 1

 

70043049_LA_HW_001_P06 Landscape Hardworks

70043049_LA_SW_001_P07 Landscape Softworks

70043049_LA_GA_001_P06 Landscape General Arrangement

70043049_LA_DE_001_P06 Boundary Treatment Plan

70043049_LA_TP_001_P03 Vegetation Retention and Removal

70043049_LA_GA_002_P06 Rendered Masterplan

 

Design and Access Statement SDLS-AHR-XX-XX-RP-A-A3-001 (dated 28/01/19)

Planning statement (including Car Parking Displacement Strategy)(WYG, dated October 2018)

Transport Statement (WSP, dated October 2018)

Letter from God Energy regarding Travel Plan (dated 22/01/19)

Workplace Travel Plan (WSP, dated October 2018)

Sadlers Mead MSCP - Assessment for Security Measures SDLS-AHR-CP-XX-RP-A-A3-002

Detailed Arboricultural Report (WSP – dated August 2018)

Arboricultural Constraints Report (WSP, dated March 2018)

Tree Constraints Plan 3090-TCP-EV-001 Rev.P01

Heritage Assessment (Cotswold Archaeology, dated October 2018)

Proposed Utilities Diversion Plan 3049-UT-002 rev.P04

Energy Strategy (WSP, dated July 2018)

External Lighting Layout Site Plan 1203PDC-MET-ZZ-00-DR-E-70_80-0001 S2 P02

Luminaire Specification (Relux, dated 17/08/18)

External lighting Lux plot (Relux, dated 17/08/18)

Preliminary Geo-Environmental and Geotechnical Risk Assessment (WSP, dated February 2018)

Preliminary Ecological Appraisal (WSP, dated February 2018)

 

 

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

 

 

 

Informatives:

 

This permission shall be read in conjunction with an Agreement made under Section 106 of the Town and Country Planning Act, 1990 and dated 17 April 2019.

 

 

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.

 

 

Please be advised that nothing in this permission shall authorise the diversion, obstruction, or stopping up of any right of way that crosses the site. You are advised to contact the Council’s Public Rights of Way Officer.

 

 

 

 (Note:  Cllr Ernie Clark requested that his vote against the motion be recorded.)