Agenda item

A report by the Case Officer is attached.

The Committee received a presentation from the Case Officer which set out the main issues in respect of the application. The purpose of the report was to consider the application against the provisions of the Development Plan and relevant material circumstances and to consider the recommendation that approval be granted subject to conditions.

 

Members then had the opportunity to ask technical questions after which they

heard statements from members of the public as follows:

 

Mr Christopher Wannell, a local resident, who spoke against the proposal

Mr John Eastgate, a local resident, who spoke against the proposal

Mr Alistair Wood, Planning & Development Manager, LNT Construction, who spoke in support of the proposal

Cllr David Bowler, representing Royal Wootton Bassett Town Council, who spoke against the proposal.

 

Members then heard the views of Cllr Mollie Groom, the local Member, who explained that she objected to the application for several reasons. She considered that there was insufficient need for a further care home in the area pointing out that there were plenty in both Royal Wootton Bassett and also in Swindon. She objected to the siting of the proposal, pointing out that it was planned to build the care home on an unallocated field.  She also stated that access to the site did not have pavements and she was also concerned that the speed limit on the adjacent roads were 40 mph.

 

The Case Officer reported that the Highways Engineer did not raise any objections to the proposal, subject to conditions and the Committee was informed that there was in fact much demand for modern care homes bearing in mind that many of the older ones could not be upgraded to modern standards.

 

After some discussion, on the proposal of Cllr Tony Trotman, which was seconded by Cllr Christopher Devine,

 

Resolved:

 

To grant planning permission, subject to 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:

 

Site Location Plan 183799/AP01 (26.03.2018)

Amended Site Layout Drawing No.183799/AP02D (received 16.08.18)

Proposed Ground Floor Plan Drawing No.183799/ AP03 (26.03.2018)

Proposed First Floor Plan Drawing No. 183799/ AP04 (26.03.2018)

Proposed Second Floor Plan Drawing No. 183799/APO5 (26.03.2018)

Proposed Roof Plan Drawing No. 183799/AP06 (26.03.2018)

Amended Elevations Drawing No. SN4 8AY-A-05B (received 16.08.18)

Amended Site Access Arrangements Drawing No.1801-69/SK02 Rev B (received 16.08.18)

Amended Perspective Representation (received 16.08.18)

Amended Indicative Planting Proposals (received 16.08.18)

Initial Materials Palette (received 16.08.18)

Detail of Metal Railing Boundary Treatment (received 16.08.18).

 

Flood Risk Assessment V3 (Received 27.08.18)

Transport Statement (Received 16.08.18)

Design and Access Statement 183799 (Received 16.08.18)

 

 

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

 

3. Each unit of the residential care home hereby permitted shall be occupied only by:

• persons of state pensionable age; or

• persons living as part of a single household with such a person or persons; or

• persons who were living as part of a single household with such a person or persons who have since died.

 

REASON: The units of the residential home/sheltered accommodation have been designed for occupation by persons who satisfy the above criteria and are unsuitable for family housing.

 

4. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include provision limiting the maximum flow rate form the site via the highways culvert to that referenced in the submitted Flood Risk Assessment By Pinnacle C160504 V5 Dated 17 august 2018 and Received 27 August 2018.

 

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 development can be adequately drained.

 

5. No development shall commence on site until a fully detailed scheme for the disposal of foul sewage from the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall accord with the Foul Drainage Strategy as illustrated in Drawing No. C160504-V5 submitted within the Flood Risk Assessment & Drainage Strategy documentation prepared by Pinnacle Consultancy dated 17 August and received on 27 August 2018’

 

REASON: To ensure that proper provision is made for the sewerage of the site and that the does not increase the risk of sewer flooding to downstream property.

 

6. The development hereby permitted shall not be occupied until the approved sewage disposal & surface water drainage works proposed have been completed in accordance with the submitted and approved details. This shall include the thorough cleansing, cleaning and removal of all materials and potential blockages from the existing piped drainage/culvert proposed for use as part of the Surface Water Drainage network/system prior to the first occupation of the dwellings hereby approved. The applicant shall notify the Council including Drainage and Highways Maintenance Teams of commencement and completion of the drainage clearance and cleaning works. The works shall be subject to assessment and approval by the Council.

 

REASON: To ensure that the development is provided with a satisfactory means of drainage.

 

7.  No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

REASON: In the interests of residential amenity

 

8. No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:

 

i. The movement of construction vehicles;

ii. Dust suppression covering earth works and spoil heap storage

iii. The cutting or other processing of building materials on site;

iv. Wheel washing and vehicle wash down facilities;

v. The transportation and storage of waste and building materials;

vi. The recycling of waste materials (if any)

vii. The loading and unloading of equipment and materials

viii. The location and use of generators and temporary site accommodation

 

The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.

 

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.

 

9. The development will be carried out in strict accordance with the recommendations given in Section 6 of the Ecological Appraisal Report by Aspect Ecology dated February 2018.

 

REASON: In the interests of Protected Species and Habitat.

 

10. Prior to commencement of development, a Landscape and Ecological Management Plan shall be prepared and submitted to the local planning authority for approval. Details within the LEMP shall include, but not necessarily be limited to, the following:

 

a)   Full specification of habitats to be created, including locally native species of local provenance and locally characteristic species

b)   Description and evaluation of features to be managed; including location shown on a site map

f)    Prescriptions for management actions;

g)   Preparation of a work schedule (including an annual work plan capable of being rolled forward

h)   Details of the body or organisation responsible for implementation of the plan;

i)    Ongoing monitoring and remedial measures.

 

The development site shall be managed and maintained in accordance with the measures set out in the approved plan in perpetuity unless otherwise agreed in writing with 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 adequate protection, mitigation and compensation for protected species, priority species and priority habitats.

 

11. No development shall commence within the development area 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.

 

12. No development shall commence on site until details of the materials to be used on the development 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.

 

13. No railings, fences, gates, walls, bollards and other means of enclosure development shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being occupied.

 

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

 

14. 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. furniture, play equipment, refuse and other storage units, signs, lighting etc);

• proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports 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.

 

15. 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

 

16. The development shall be carried out as specified in the approved Arboricultural Note (Impact Assessment) dated February 2018 and shall be supervised by an arboricultural consultant, if required.

 

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

 

17. 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.

 

18. Prior to first use the access to Hook Road shall have been provided, as detailed on plan number SK02/B including alterations to the kerb lines to achieve visibility.

 

REASON: In the interests of safe and convenient access to the development.

 

19. Prior to first use the access to Hook Road shall be provided with visibility with nothing to exceed the height of 600mm above carriageway level between the carriageway edge, and a line drawn from a point 2.4 metres back along the centre line of the access from the carriageway edge, to points on the nearside carriageway edge 120 metres to the north and 70 metres to the south-west. The visibility splays will be retained in perpetuity thereafter.

 

REASON: In the interests of highway safety.

 

20. Prior to first occupation of the development hereby the Hook Road kerb lines adjacent to the access position shall have been altered, and the existing highway footway between the access and the Malmesbury Road north side bus stop shall have been reconstructed to a new width of 2 metres, in accordance with details to be first submitted to and approved by the Local Planning Authority. The highway works shall be carried out in accordance with the details approved. 

 

REASON: In the interests of highway safety.

 

21. The development hereby permitted shall not be brought into use a full Travel Plan based on the submitted Framework Travel Plan has been submitted to and approved by the Local Planning Authority. No part of the development shall be brought into use prior to implementation of the Full Travel Plan, (or implementation of those parts capable of being implemented prior to first use). Those parts identified for implementation after first use shall be implemented in accordance with the timetable contained therein, and shall continue to be implemented as long as any part of the development is occupied.

 

REASON: In the interests of reducing the amount of private car movements to and from the development.

 

22. Prior to first use the parking and turning areas including the cycle parking facility shall have been provided and shall thereafter be maintained and kept available for the parking and turning of vehicles.

 

REASON: In the interests of safe and convenient operation of the development.

 

23. Prior to development above first course level details of the proposed ground floor slab levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels 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.

 

24.  No development shall commence on site until a scheme of acoustic insulation and noise control has been submitted to and approved in writing by the Local Planning Authority. The scheme should specify the acoustic insulation and other measures to be put in place to prevent and control the emission of noise from the development including noise from mechanical extraction and ventilation plant. The approved scheme shall be implemented in full before use commences and maintained at all times thereafter.

In discharging this condition the applicant should engage an Acoustic Consultant. The consultant should carry out a thorough background noise survey and noise assessment in accordance with:

 

BS4142:2014 (or any subsequent version) and demonstrate that the rating noise level is at least 5dB below the background noise level.

 

25. No external lighting shall be installed on site until a scheme of external lighting, including the measures to be taken to minimise sky glow, glare and light trespass, has been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall be designed so as to meet the criteria for Environmental Zone E2/ E3 as defined by the Institute of Lighting Professionals ‘Guidance Notes for the Reduction of Obtrusive Light’ 2012.

 

This will include a lux plot demonstrating that a level of 0.5 lux or less can be achieved at the edges of all ecologically sensitive areas such as hedgerows and tree canopies (based on assumed tree height and canopy spread at maturity).

 

The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working order at all times thereafter.

 

The Institute of Lighting Professionals “Guidance Notes for the Reduction of Obtrusive Light” can be found free online on the following website. www.theilp.org.uk/

 

REASON: In the interests of Protected Species and Habitat, residential and visual amenity.

.

INFORMATIVES TO APPLICANT:

The applicant should be aware that the highway works will require completion of a Section 278 Agreement to secure the works.

 

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.

 

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.

 

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

 

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.

 

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 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.

 

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website

www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.

 

There are ordinary watercourses within or in close proximity to your site. If you intend to obstruct the flow in the watercourse (permanently or temporarily, including culverting) you will require prior Land Drainage Consent from Wiltshire Council as the Lead Local Flood Authority. You are advised to contact the Drainage Team to discuss their requirements:-

http://www.wiltshire.gov.uk/communityandliving/civilemergencies/drainage/drainageordinary watercourseconsent.htm

 

Sustainable Construction Sustainable design and construction should be implemented across the proposed development. This is important in limiting the effects of and adapting to climate change. Running costs for occupants can also be significantly reduced. Pollution Prevention During Construction Safeguards should be implemented during the construction

phase to minimise the risks of pollution and detrimental effects to the water interests in and around the site. Such safeguards should cover the use of plant and machinery, oils/chemicals and materials; the use and routing of heavy plant and vehicles; the location and form of work and storage areas and compounds and the control and removal of spoil and wastes. We recommend the applicant refer to our Pollution Prevention Guidelines, which can be found at: https://www.gov.uk/government/collections/pollution preventionguidance-

ppg Waste Management Should this proposal be granted planning permission, then in accordance with the waste hierarchy, we wish the applicant to consider reduction, reuse and recovery of waste in preference to offsite incineration and disposal to landfill during site construction. If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the applicant require more specific guidance it is available on our website https://www.gov.uk/how-to-classify-different-types-of-waste.