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Agenda item

20/02387/OUT: Land at Pound Farm, South View, Lyneham, Wiltshire

Outline planning application (all matters reserved except means of access only in relation to a new point of access into the site) for residential development of up to 50 dwellings and provision of land for D2 use; including the creation of new vehicular access, public open space, landscape planting, pumping station, surface water attenuation and associated infrastructure.

Minutes:

Public Statements

Stephanie Palmer – Objection

Michael & Susan Hunt - Objection

Richard Marshall - Objection

Tina Goodhart – Support

Lyneham and Bradenstoke Parish Council – Objection

 

The Committee received a presentation from Mike Wilmott, Head of Development Management, which set out the main issues in respect of the application.  The purpose of the report was to assess the merits of the proposal against the policies of the development plan and other material considerations, and to consider the recommendation that the application was approved subject to conditions and completion of a S106 within six months of the date of the resolution.

 

The Outline application (all matters reserved except means of access only in relation to a new point of access into the site) proposed a residential development of up to 50 dwellings (of which 40% would be affordable)and provision of land for D2 use; including the creation of new vehicular access, public open space, landscape planting, pumping station, surface water attenuation and associated infrastructure.

 

Key points included the position of the nearby housing developments; Pound Close and Webs Court, and proposed footpath links, and the Old Vicarage which was a listed building. The proposed development would have a less than substantial impact on the setting of the old vicarage. The 5-year housing land supply situation was a material consideration.

 

Lyneham was designated a large village in the WCS, the site was adjacent to the set limits of development. In the context of a shortfall in housing land supply, Officers considered that the proposal did not have adverse impacts that significantly and demonstrably outweighed the benefits, including the provision of new homes including new affordable homes.

 

The Chairman invited Members to ask any technical questions of the Officer. Details were sought on the extent of the application.

 

Public statements which had been submitted in accordance with the procedure as detailed above were read. All other statements submitted within the deadline were also available in the agenda supplement online along with the presentation to the meeting.

 

The Local Member, Councillor Allison Bucknell, then spoke in objection to the application, noting the proposed development was to be built on a greenfield area in Lyneham, stating that  the balance of relevant considerations had not been applied correctly, that there was a lack of need for such housing in Lyneham and that a lack of housing in the south of the county should not negatively impact the north, that the village lacked sufficient facilities, noting concerns regarding doctors, dentists and schooling.

 

The Head of Development Management then responded to the points raised,

noting there were issues with housing delivery across all areas of Wiltshire, not just the south of the county.  There was no neighbourhood plan for Lyneham and the council needed to look at developments on a case by case basis; Lyneham had more facilities than other villages of its scale and that a development of this size was acceptable here in the circumstances outlined in the report whereas a larger scale development might not be appropriate due to the settlement hierarchy of the WCS.

 

The Chairman then moved a motion to approve the application in line with the

officer’s recommendations. This was seconded by Councillor Derek Brown.

 

A debate followed where it was noted that the application should be considered as it was presented, and any previous applications or future developments should not be given any consideration. Members discussed the submitted letters of objection and support for the development.

 

At the conclusion of debate each Member was asked in turn to confirm

that they had been able to hear and where possible see all relevant materials and to indicate their vote.

 

When each Member had voted, the Democratic Services Officer announced the decision as follows:

 

Resolved:

 

That authority be delegated to the Head of Development Management to GRANT planning permission, subject to conditions listed below and completion of a S106 legal agreement covering the areas outlined below in the Heads of Terms, within six months of the date of the resolution of this Committee.

 

In the event of failure to complete, sign and seal the required section 106 agreement within the defined timeframe to then delegate authority to the Area Development Manager to REFUSE planning permission for the following reason:

 

The proposal does not provide for the delivery of the necessary infrastructure (e.g. affordable housing, education provision, recreation provision, open space, waste and recycling) required to mitigate the direct impacts of the development and fails to comply with Core Policy 3 of the Wiltshire Core Strategy, Regulation 122 of the Community Infrastructure Levy Regulations 2010 and paragraph 56 of the National Planning Policy Framework.

 

Heads of Terms for Section 106 legal agreement to secure the following:

 

  • 40% affordable housing - 60% of the units (12 units) being for Affordable Rented housing, and 40% of the units (8 units) being provided for shared ownership.

 

  • Primary school contributions (£262,612)
  • Secondary school contributions (£229,400)

 

Regarding education payments *(Please note however, that the cost multiplier quoted applies for 2018/19 and is due to be updated shortly for the 2019/20 financial year, and the new figure will apply to S106s signed in that financial year as per our S106 Methodology).

 

  • Off-site sports pitch contribution (£13,915) The Wiltshire Playing Pitch Strategy (adopted Feb 2017) has Ballards Ash (Rugby Ground) at RWB as the nearest beneficiary, it is the nearest Rugby Club to Lyneham and therefore is relevant to the development. The project would be for general pitch and changing upgrading.

 

  • Open space - 3,120m2 POs including 270m2 equipped play required (or off-site contribution of £39,420.00 in lieu of providing play on site). If POS provided on site The POS would need to be secured and managed in perpetuity, Wiltshire Council would not adopt the on-site POS.

 

Open space management

 

  • Waste and recycling contribution £4,550.

 

  • £6,000 towards a TRO to move the speed limit.

 

1

OUTLINE PLANNING PERMISSION COMMENCEMENT

The development hereby permitted shall be begun either before the expiration of one year from the date of this permission, or before the expiration of one year 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

APPROVAL OF CERTAIN RESERVED MATTERS

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 4(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended).

 

3

RESERVED MATTERS TO BE SUBMITTED

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

REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

 

4

APPROVED PLANS

The development hereby permitted shall be carried out in accordance with the following approved plans and documents unless otherwise varied by details submitted to and approved in writing by the local planning authority in accordance with the conditions of this planning permission:

Site Location Plan 1275.01

Site Survey Plan 1275.02

Design and Access Statement and principles in the Illustrative Site Layout 1275.03

 

Heritage Desk Based Assessment CR0097_01

Transport Assessment TW/IN/BB/ITB10092-010A R

Travel Plan TW/IN/BB/ITB10092-011A R

Sustainability and Energy Statement by Daedalus

Landscape and Visual Appraisal by Enderby associates

Arboricultural Impact Assessment and Method Statement PoundFarm_AIA_AMS_062019

Flood Risk Assessment TRS/GLE/E4389/15900

Ecology Appraisal 5633 EcoAp dv5/JoC/HG

All received 13th March 2020

Air Quality Impact Assessment 01.0048.005/AQ v1 received 26th March 2020

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

 

5

RESTRICTION ON DEVELOPMENT

Notwithstanding the details set out in the description of development, the development hereby approved shall comprise no more than 50 dwellings and a D2 use building.

REASON:  The maximum number of dwellings is required to be stated in order to ensure the development can be provided in an acceptable manner to ensure high quality design is delivered.  

 

6

UNIT HEIGHT

Notwithstanding the details set out in the description of development, the dwellings and D2 use building shall be no greater than two storeys in height.

REASON:  Restricting height is required in order to ensure the development can be provided in an acceptable manner to ensure high quality design is delivered.  

 

7

BUNGALOWS

The first reserved matters application shall contain a minimum of six no. two or three-bedroom bungalows.

REASON: To define the scope of the development based on the design and access statement. 

 

8

SITE LEVELS

No development shall take place until full details of the proposed site levels (above ordnance datum), together with the finished floor slab levels of the proposed buildings and structures (including roads and footpaths), in relation to existing ground 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 details.

REASON: To ensure the finished levels are acceptable in the interests of visual amenity.

 

9

LANDSCAPE AND ECOLOGICAL MANAGEMENT PLAN (LEMP)

The first reserved matters application shall include, a Landscape and Ecological Management Plan (LEMP)  in accordance with the measures outlined in the Ecological Assessment shall be submitted to, and approved in writing by, the Local Planning Authority. The content of the LEMP shall include, but not necessarily be limited to, the following information:

a) Description and evaluation of features to be managed;

b) Landscape and ecological trends and constraints on site that might influence management;

c) Aims and objectives of management, including long term objectives to ensure management in perpetuity on land outlined in red on the Site Location Plan 1275.01

d) Appropriate management options for achieving aims and objectives as set out in points a)-c) above ;

e) Prescriptions for management actions for the site outlined in red on the Site Location Plan 1275.01

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a 5 year period;

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

h) Ongoing monitoring and remedial measures which shall include measurable targets;

i) Details of how the aims and objectives of the LEMP will be communicated to future occupiers of the development.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body/ies responsible for its delivery.

The plan shall also set out (where the results from monitoring show that the conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented. A report shall be submitted to the local planning authority annually detailing the works undertaken and performance against the targets set  . 

The LEMP shall be implemented in full in accordance with the approved details.

REASON: The matter is required to be agreed in writing 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 and priority species.

 

10

ECOLOGY CEMP

No development shall commence on site (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include, but not necessarily be limited to, the following:

a) Risk assessment of potentially damaging construction activities

b) Identification of 'biodiversity and tree protection zones'

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method      statements

d) The location and timing of sensitive works to avoid harm to biodiversity features

e) The times during construction when specialists ecologists need to be present on site to oversee works

f) Responsible persons and lines of communication

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or    similarly competent person(s)

h) Use of protective fences, exclusion barriers and warning signs.

i) Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

A report prepared by a competent person(s), certifying that the required mitigation and/or compensation measures identified in the CEMP have been completed to their satisfaction, shall be submitted to the Local Planning Authority every three months from the start of the development until the completion of the final planting. 

REASON: 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

ARCHAEOLOGY

Prior to the submission of the first reserved matters application a written programme of archaeological investigation including a timeframe for on site work and off site work such as the analysis, publishing and archiving of the results, has been submitted to and approved in writing by the Local Planning Authority. The programme shall be carried out in accordance with the approved timeframe.

REASON: To enable the investigation of the presence of heritage assets at the site, incorporation of any mitigation measures and recording of any matters of archaeological interest.

 

12

LANDCAPING IMPLEMENTATION

All soft landscaping comprised in the approved details of landscaping, as required by the reserved matters applications and details required by conditions within this decision notice shall be carried out in the first planting and seeding season within or following the completion of each phase, 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.

 

13

CONSTRUCTION METHOD STATEMENT

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;

h) measures for the protection of the natural environment.

i) hours of construction, including deliveries; and

j) drainage arrangements during the construction works;

k) vehicle routing for construction vehicles.

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.

 

14

ACCESS

Prior to first occupation of any dwelling hereby permitted the access 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 90 metres to the east, and 59 metres to the west.

REASON: In the interests of highway safety.

 

15

A3201 UPGRADE

Prior to first occupation the street lighting of the A3102 shall have been upgraded to BS5489-1;2013 BS EN123202-2 2003 for a distance of 60 metres to either side of the access position, in accordance with details to be first submitted to and approved by the Local Planning Authority.

REASON: In the interests of safe and convenient operation of the site access during the hours of darkness.

 

16

TRAVEL PLAN

No part of the development shall be occupied prior to the implementation of the Framework Travel Plan, (or implementation of those parts capable of being implemented prior to occupation). Those parts identified for implementation after occupation shall be implemented in accordance with the timetable contained therein.

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

 

17

LYNE4

Prior to occupation of the 20th dwelling footpath LYNE4 shall be planed off, resurfaced and street lit between the development and The Green, including new dropped kerbs where it crosses Pound Close, in accordance with details to be first submitted to and approved by the Local Planning Authority.

REASON: In the interests of improving pedestrian accessibility to and from the development.

 

18

DROPPED KERBS

Prior to first occupation new sets of dropped kerbs shall be provided at the end of Farthing Lane and at 2 locations on Pound Close in accordance with details to be first submitted to and approved by the Local Planning Authority.

REASON: In the interests of improving pedestrian accessibility to and from the development.

 

19

LYNE57

Prior to occupation of the 20th dwelling footpath LYNE57 shall have been planed off and resurfaced between the point where it joins LYNE4, to the point where it connects with the proposed pedestrian link to Pound Close near 71 Pound Close, in accordance with details to be first submitted to and approved by the Local Planning Authority.

REASON: In the interests of improving pedestrian accessibility to and from the development.

 

20

ACCESS LINK

Prior to occupation of the 30th dwelling a 3.5 metre wide bollarded, emergency, pedestrian and cycle access link shall have been provided between the development and Webbs Court in accordance with details to be first submitted to and approved by the Local Planning Authority.

REASON: In the interests of improving emergency, pedestrian and cycle accessibility to and from the development.

 

21

ULTRA LOW ENERGY VEHICLE INFRASTRUCTURE

No development shall commence on site until a scheme of Ultra Low Energy Vehicle infrastructure has been submitted to and approved by the LPA. The scheme must be approved by the LPA prior to implementation and thereafter be permanently retained.

REASON: Core Policy 55; Development proposals, which by virtue of their scale, nature or location are likely to exacerbate existing areas of poor air quality  , will need to demonstrate that measures can be taken to effectively mitigate emission levels in order to protect public health, environmental quality and amenity.

 

22

CONTAMINATED LAND

No development shall commence on site (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition), until steps (i) to (iii) below have been fully complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until step (iv) has been complied with in full in relation to that contamination.

Step (i)         Site Characterisation:

An investigation and risk assessment must be completed to assess the nature and extent of any contamination (including asbestos) on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings submitted to and approved in writing by the Local Planning Authority. The report of the findings must include:

-         A survey of the extent, nature and scale of contamination on site;

-         The collection and interpretation of relevant information to form a conceptual model of the site, and a preliminary risk assessment of all the likely pollutant linkages;

-         If the preliminary risk assessment identifies any potentially significant pollutant linkages a ground investigation shall be carried out, to provide further information on the location, type and concentration of contaminants in the soil and groundwater and other characteristics that can influence the behaviour of the contaminants;

-         An assessment of the potential risks to

o    human health,

o    property (existing or proposed) including buildings, crops, 

livestock, pets, woodland and service lines and pipes,

o    adjoining land,

o    groundwater and surface waters,

o    ecological systems,

o    archaeological sites and ancient monuments;

This must be conducted in accordance with DEFRA and the Environment Agency's "Model Procedures for the Management of Land Contamination, CLR 11" and other authoritative guidance.

                        Step (ii)         Submission of Remediation Scheme:

If any unacceptable risks are identified as a result of the investigation and assessment referred to in step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared. This should detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment, should be submitted to and approved in writing by the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures.

Step (iii)        Implementation of Approved Remediation Scheme:

The approved remediation scheme under step (ii) must be carried out in accordance with its requirements. The Local Planning Authority must be given at least two weeks written notification of commencement of the remediation scheme works.

Step (iv)         Reporting of Unexpected Contamination:

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it should be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment should be undertaken in accordance with the requirements of step (i) above and where remediation is necessary, a remediation scheme should be prepared in accordance with the requirements of step (ii) and submitted to and approved in writing by the Local Planning Authority.      

Step (v)          Verification of remedial works:

Following completion of measures identified in the approved remediation scheme a verification report  must be produced. The report should demonstrate the effectiveness of the remedial works.

A statement should also be provided by the

23

SURFACE WATER DISCHARGE

 

No development shall commence on site until a scheme for the discharge of surface water from the site /phase, including SuDS (sustainable drainage systems) and all third party approvals (as necessary), has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority and the sewerage undertaker .  Scheme details shall include any required off-site capacity improvements needed to allow the site/phase to be served, and to include a programme allowing sufficient time for the delivery of any required improvements.

 

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood risk to others.

 

24

ECOLOGLY & LIGHTING

 

Reserved matters applications shall be in accordance with the mitigation measures set out in Ecological Assessment (Aspect Ecology, 2019), each reserved matter application shall be accompanied by a 'Lighting Design Strategy for Biodiversity'. The strategy will cover both construction and operation phase and shall:

1.       Identify those features/ routes that are important to light sensitive/ nocturnal species such as bats, badgers and hedgehog and to be retained within dark corridors.

2.          Show full details of proposed construction and operational lighting, including lux plots to show there is no lighting impact to the features/ routes identified. Lux plots should be presented on a scaled site drawing and the light levels must be shown at ground level and at 2m above the ground (horseshoe bats fly typically within this range).   The light levels should also be shown as "from new", not as normally calculated levels after some months or years of use.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy.  Under no circumstances should any other lighting be installed without prior consent from the local planning authority.

 

REASON: As required by Core Policy 50 to ensure the long-term functioning of wildlife corridors and Core Policy 52 the retention and green infrastructure.

 

25

ARBORICULTURAL METHOD STATEMENT

 

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 has been 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 BS5837:2013 and a plan indicating the alignment of the protective fencing;

"        A specification for scaffolding and ground protection within tree protection zones in accordance with British Standard 5837: 2012;

"   A schedule of tree works conforming to British Standard 3998: 2010;

"        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.

"        Subsequently and until the completion of all site works, site visits should be carried out on a monthly basis by the developer's arboricultural consultant.  A report detailing the results of site supervision and any necessary remedial works undertaken or required should then be submitted to the Local Planning Authority. Any approved remedial works shall subsequently be carried out under strict supervision by the arboricultural consultant following that approval.

 

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  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.

 

26

INFORMATIVE: You are advised to contact Wessex Water directly regarding sewers adoption.  

 

Supporting documents: