Meeting documents
Cabinet
Wednesday, 3rd May, 2006
BATH AND NORTH EAST SOMERSET COUNCIL
AREA ` B' DEVELOPMENT CONTROL COMMITTEE
5th April 2006
OBSERVATIONS RECEIVED SINCE THE PREPARATION OF THE MAIN AGENDA
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ITEM 09
APPLICATIONS FOR PLANNING PERMISSION
|
Item No |
Application No |
Address |
Page No |
|
01 |
05/01926/FUL |
St Peter's Factory Wells Road, Westfield, Radstock |
01-14 |
CASE OFFICER: Section 106 agreement: The Heads of Terms as stated in the report have been agreed with the applicant. It should be noted that the footpath widening works to the shops on Wells Road also includes pedestrian improvement works at the junction with Waterside Road. The only other change is that the provision of the 20mph home zone measures can be covered by way of an appropriately worded condition.
Three of the heads of terms require a financial contribution, namely:
Public transport and highway capacity improvements - improvements to junctions within Radstock Town Centre and upgrading bus facilities along Wells Road;
Education - contribution to additional secondary and post 16 provision at Norton Hill and Writhlington schools (there is sufficient capacity at primary schools within a reasonable distance of the site);
Off-site recreation and play space improvements - converting the adjoining derelict tennis court into a multi-use games area; improvements to the existing pavilion at Norton Hill recreation ground; upgrading the play equipment at the Norton Hill site; and off-site allotment provision.
The proposed contributions are still the subject of negotiation with the applicant and it is unlikely that these would be finalised prior to the Committee meeting. It is recommended that if Members are minded to agree the recommendation, that a further report would be prepared which seeks the Committee's approval of the contribution proposed.
LOCAL RESIDENTS: An additional letter of objection has been received from a resident in Lincombe Road on the grounds of the proximity of employment units 6 and 7 to properties in that road. The resident comments that there would be insufficient separation distance to ensure adequate screening in terms of both visual impact and noise.
In addition a Wells Road resident has raised concerns about inconsistencies between the submitted drawings; principally that the main planning layout drawing does not show the proposed new signalised junction on Wells Road. Also that the Transport Assessment which accompanied the planning application was not available for public examination and that therefore, residents were not aware of the whole proposal, including the proposed signals.
In response, officers acknowledge that the main site layout drawing does not show the proposed signalised junction. This is regrettable and the applicant has been asked to revise the layout drawing for the sake of consistency. The proposed signalisation of the junction was though shown in the drawings included as part of the Transport Assessment. The planning application comprises the drawings and all of the supporting documents, including the TA. The Transport Assessment has been, and remains, available for public examination as part of the planning application papers.
The report to Committee identifies the full range of concerns about the proposal raised by local residents, including concerns about the proposed traffic signals on Wells Road. The implications of a new signalised junction at the site entrance are considered both in the Consultation and Planning Issues sections of the Committee Report.
Conditions: The recommended development should be subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission.
Reason: As required by Section 91 of the Town and Country Planning Act 1990 and to avoid the accumulation of unimplemented planning permissions.
2. No development shall be commenced until a hard and soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority; such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; details of the surface treatment of the open parts of the site; and a programme of implementation.
Reason: To ensure the provision of an appropriate landscape setting.
3. All hard and/or soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure that the landscape scheme is implemented and maintained.
4. The existing trees and hedges shall be retained in accordance with the approved drawings. The development shall not be commenced unless the identified trees and hedges have been so retained. Any retained tree or hedge which within five years of the approved development being occupied or completed, whichever is the sooner, dies, are removed or become seriously damaged or diseased shall be replaced by a similar species of a size to be first approved in writing by the Local Planning Authority during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Local Planning Authority.
Reason: To safeguard the appearance of the development and the surrounding area.
5. Prior to the commencement of the development a scheme for the protection of existing trees and other retained existing landscape areas as shown on the approved drawings shall be submitted to and approved in writing by the Local Planning Authority. The approved protection scheme shall be implemented before development is begun and shall not be removed until the development has been completed. Protected areas shall be kept clear of any buildings, plant, material, debris and trenching. There shall be no entry to protected areas except for approved arboricultural or landscape works.
Reason: To safeguard the areas to be landscaped and the existing trees to be retained within the site.
6. Prior to the commencement of the development details of the design, height, and external finish of all means of enclosure within the development, including all boundary walls, fences, gates and railings shall be submitted to and approved by the Local Planning Authority. The approved details are to be constructed/installed prior to the occupation of the development and shall be permanently retained thereafter.
Reason: To ensure a satisfactory standard of external appearance and protect local amenity with regard to policy HO.12 of the Wansdyke Local Plan and D.4 of the revised deposit draft Bath & North East Somerset Local Plan.
7. Prior to the commencement of the development full details of the external materials to be used on the dwellings hereby approved, including a sample panel to be erected at the site for inspection, shall be submitted to and approved by the Local Planning Authority. Details to be submitted shall include those of materials to the exterior walls, roofs, eaves, verges, doors and windows, including surrounds. The development shall only be constructed in accordance with the details so approved.
Reason: To ensure a satisfactory appearance in accordance with policies GEN.2 of the Wansdyke Local Plan and D.1, D.2 and D.4 of the revised deposit draft Bath & North East Somerset Local Plan.
8. Prior to the commencement of the development, front elevation drawings of all of the dwellings which are proposed to front onto public realm shall be submitted for the Local Planning Authority's approval which show the position of all meter boxes, flues, vents, plumbing and pipes, including rainwater goods. The development shall only be constructed in accordance with the details so approved.
Reason: To protect local amenity and safeguard the appearance of the front of the dwellings in accordance with policies GEN.2 of the Wansdyke Local Plan and D.1, D.2 and D.4 of the revised deposit draft Bath & North East Somerset Local Plan.
9. No development shall be occupied until the details of a strategy for the external lighting of the site has been submitted to and approved by the Local Planning Authority. Such a strategy should include details of the height, design, location and external appearance of all light fittings and an appraisal of the proposals in terms of their impact of the use of the site by bats and the minimization of light pollution. The details so approved shall be implemented at the site before the occupation of any of the residential units hereby approved.
10. Prior to the commencement of the development full details of the design, location and appearance of all refuse/bin stores for the residential dwellings shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the details so approved.
Reason: In the interests of the visual amenity of the development.
11. Notwithstanding the details on the drawings hereby approved, revised front elevations for the dwellings at plots 43-50 on the land adjoining the St Peters factory shall be submitted to and approved by the Local Planning Authority prior to the commencement of any development at the site. The development shall only be constructed in accordance with the details so approved.
Reason: To ensure a satisfactory appearance for these dwellings in accordance with the provisions of policies GEN.2 of the Wansdyke Local Plan and D.1, D.2 and D.4 of the revised deposit draft Bath & North East Somerset Local Plan.
12. Prior to the commencement of the development full details of the hard and soft landscape, the layout and design of the children's play area and the means of enclosure of the proposed public open space within the residential development on the land adjoining the St Peter's factory, shall be submitted to and approved by the Local Planning Authority. The development shall only be constructed in accordance with the details so approved.
Reason: To ensure a satisfactory setting for the development in accordance with the provisions of policies GEN.2 of the Wansdyke Local Plan and D.1, D.2 and D.4 of the revised deposit draft Bath & North East Somerset Local Plan.
13. Notwithstanding the provision of the Town and Country (General permitted Development) Order 1995 (or amendment or re-enactment thereof) no extension or enlargement of the dwellings shall be carried out without the prior written approval of the Local Planning Authority to whom a planning application must be made.
Reason: To safeguard local amenity and prevent the overdevelopment of the site in accordance with the provisions of policies GEN.2 of the Wansdyke Local Plan and D.1, D.2 and D.4 of the revised deposit draft Bath & North East Somerset Local Plan.
14. Notwithstanding the details on the drawings hereby approved, details of the height, design and external appearance of all of the employment units, numbered 1-7 on the approved drawing shall be submitted to the Local Planning Authority for approval prior to the commencement of any development at the site. The development shall only be constructed in accordance with the details so approved.
Reason: To ensure that the design, height and external appearance of the development are acceptable to the Local Planning Authority in accordance with policies GEN.2 of the Wansdyke Local Plan and D.1, D.2 and D.4 of the revised deposit draft Bath & North East Somerset Local Plan.
15. Prior to the commencement of the development a programme showing the phasing of the development shall be submitted to and approved in writing by the Local Planning Authority and the development shall not proceed other than in accordance with the approved programme.
Reason: To ensure that the development is constructed in accordance with the approved drawings.
16. Prior the commencement of development at the site details of a Construction Management Plan for all works of construction of the development shall be submitted to and approved by the Local Planning Authority. This Management Plan should comply with the guidance contained within the Council's Code of Construction Site Noise practice note and the BRE Code of Practice on the control of dust from construction and demolition.. The details so approved shall be fully complied with during the construction of the development.
Reason: To protect the amenities of nearby residential properties.
17. No materials arising from the demolition of the existing buildings or any other material incidental to the construction of demolition of building, shall be burnt on site.
Reason: To safeguard the amenities of adjoining residential properties.
18. No construction pursuant to this permission shall take place outside the hours of 0800-1800 Monday to Friday and 0800-1300 on Saturdays and not at any time on Sundays, Bank or Public Holidays.
Reason: In the interest of residential amenity.
19. The dwelling(s) shall not be occupied until space has been laid out within the site in accordance with the approved plan(s) for the parking and turning of vehicles associated with the residential use of the site and such area(s) shall not thereafter be used for any purpose other than the parking and turning of vehicles associated with the residential use of the development hereby permitted.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
20. No part of the development hereby approved shall be occupied until the improvements to the site access, including the signalisation of the Wells Road junction, are undertaken in accordance with the approved drawings.
Reason: To ensure that the development is served by an adequate means of access in accordance with policies TP.1 and TP.18 in the Wansdyke Local Plan and T.24 and T.26 of the revised deposit draft Bath & North East Somerset Local Plan.
21. The proposed estate roads, turning heads, footways, 20mph zone traffic calming measures, footpaths, verges, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture shall be constructed and laid out in accordance with details to be submitted to and approved by the Local Planning Authority prior to their construction. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority for approval.
Reason: To ensure that the roads and technical infrastructure are laid out and constructed in a satisfactory manner.
22. The proposed roads, including footpaths and turning spaces where applicable, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway. No part of the development shall be occupied until that part of the service road which provides access to it has been constructed in accordance with the approved plans.
Reason: To ensure that the development is served by an adequate means of access in accordance with policies TP.1 and TP.18 in the Wansdyke Local Plan and T.24 and T.26 of the revised deposit draft Bath & North East Somerset Local Plan.
23. The employment units shall not be occupied until space has been laid out within the site in accordance with the approved plan(s) for the parking and turning of vehicles associated with the employment use of the site and such area(s) shall not thereafter be used for any purpose other than the parking and turning of vehicles associated with the employment use of the development hereby permitted.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
24. The employment units shall not be occupied until provision has been made for cycle parking in accordance with details to be submitted to and approved by the Local Planning Authority.
Reason: To ensure that sufficient provision is made for cycle parking in accordance with policies TP.1 and TP.18 in the Wansdyke Local Plan and T.24 and T.26 of the revised deposit draft Bath & North East Somerset Local Plan
25. No development shall be undertaken within the application site until a programme of archaeological work has been undertaken, including on site field excavation and evaluation, in accordance with a detailed written scheme of investigation which has previously been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that archaeological deposits and structures are investigated and recorded to an appropriate professional standard.
26. Prior to the commencement of the development the following details shall be submitted to and approved by the Local Planning Authority:
For the employment development:
a. A desk study, site walkover, preliminary human health and environmental risk assessment to evaluate al potential sources and impacts of land and/or groundwater contamination relevant to the site.
b. An investigation to fully and effectively characterise the nature and extent of any contamination and its implications in accordance with BS10175:2001.
c. A Remediation Method Statement detailing proposals for the removal, containment or otherwise rendering harmless such contamination.
For the residential development:
i. Further investigation as described in reports RDP/ML/02147/DSR1 dated April 2005 and RDP/ML/02146/DSR1 dated February 2005 by Robson Liddle Limited. The investigation should fully and effectively characterise the nature and extent of any contamination and its implications in accordance with BS1075:2001.
ii. A Remediation Method Statement detailing proposals for the removal, containment or otherwise rendering harmless such contamination.
No part of the development shall be occupied until a completion report which confirms that all of the remediation works have been specified in the remediation method statement has been submitted to and approved by the Local Planning Authority.
Reason: In the interests of the health and safety of future occupiers of the site.
27. No development approved by this permission shall be commenced until a management plan has been submitted describing the method of working, restoration and maintenance of the attenuation pond. This must be approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.
Reason: To safeguard the water environment.
28. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Local Planning Authority for approval. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity f other largest tank, or the combined capacity of interconnected tanks, plus 10% or 25% of the total volume which could be stored at any one time, whichever is the greater. All filling points, vents, gauges and sigh glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground, where possible, and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.
Reason: To prevent pollution of the water environment
29. There shall be no discharge of foul or contaminated drainage or trade effluent from the site into either groundwater or any surface waters, whether direct or via soakaways.
Reason: To prevent pollution of the water environment
30. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from impermeable parking areas and hardstandings for vehicles shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.
Reason: To prevent pollution of the water environment
31. The development hereby approved shall not be occupied until works for the disposal of surface water and sewage have been provided on site to serve the development in accordance with details to be first submitted to and approved by the Local Planning Authority.
Reason: To ensure adequate provision of drainage infrastructure.
32. Prior to the commencement of the development full details of all proposed finished floor, threshold and ground levels for the residential dwellings hereby shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be constructed in accordance with the details so approved.
Reason: To ensure that the development is constructed in accordance with the approved drawings.
33. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, as amended (or an Order revoking and re-enacting that Order with or without modification) the employment premises at units 2-7 on the drawings hereby approved shall only be used for purposes within use Class B1 and for no other purpose without the prior written approval of the Local Planning Authority.
Reason: To safeguard the amenities of neighbouring residential properties.
34. The employment premises shown at units 1-7 inclusive on the drawings hereby approved shall not be operated or open to the public except within the hours of 0730-1900 Monday-Friday and 0800-1300 on Saturday and at no time on Sundays or Public Holidays. No variation to these hours shall be permitted without the prior written approval of the Local Planning Authority.
Reason: To safeguard the amenities of neighbouring residential properties.
35. No deliveries shall be taken at or despatched from the employment units numbered 1-7 inclusive shown on the drawings hereby approved outside the hours of 0730-1900 Monday-Friday and 0800-1300 on Saturdays. There shall be no deliveries or despatches on Sundays or Public Holidays. No variation to these hours shall be permitted without the prior written approval of the Local Planning Authority.
Reason: To safeguard the amenities of neighbouring residential properties.
36. No goods, materials, finished or unfinished products or parts, crates or refuse (other than within refuse storage facilities the details of which have been the subject of prior approval by the Local Planning Authority) shall be stored outside any building shown as units 2-7 inclusive on the drawings hereby approved. Details of the open storage proposed in connection with the use of unit 1 on the drawings hereby approved, including the height of such storage, shall be submitted to and approved by the Local Planning Authority prior to the occupation of unit 1.
Reason: In the interests of the appearance of the development and to safeguard the amenities of the area.
37. Noise from the employment development shown at units 1-7 inclusive on the drawings hereby approved shall not exceed the following levels:
0700-2300 1 hour LAeq 45dB free field;
2300-0700 5 minute LAeq 40dB free field
as measured at the façade of the nearest of the approved residential dwellings within the land adjoining the St Peters factory and at the boundary of the site with Lincombe and Waterside Roads.
Reason: To minimise the effect of noise from the development on occupiers of existing and proposed dwellings in the interest of residential amenity.
Reasons for granting approval:
The decision to grant approval has taken account of the Development Plan, consisting of the Regional Planning Guidance (RPG10) for the South West, (now the Regional Spatial Strategy), the Joint Replacement Structure Plan and the Somerset County Development Plan 1972. The adopted Local Plan has little material weight as it is now out-of-date. Up-to-date Local Plan policies are set out in the 1995 deposit Wansdyke Local Plan and the 2003 revised deposit draft Bath & North East Somerset Local Plan, both of which have been approved for development control purposes.
The proposal is in accordance with the Development Plan policies set out below:
The proposal complies with Policies VIS1, VIS2, HO5 and HO6 of RPG10, Policy 1, 2, 34 and 35 of the Joint Replacement Structure Plan , policies REC.4, REC.8, HO.2 and HO.4 in the Wansdyke Local Plan and HG.2, HG.4, HG 7 and 7A, HG.8 and SR.3 of the revised deposit draft district wide Local Plan in that it would result in the re-use of previously developed land at an appropriately high density for new housing of a mix and type which meets local need.
The proposal complies with Policy EC3 of RPG10, Policy 30 of the Joint Replacement Structure Plan, policy EMP.7 in the Wansdyke Local Plan and ET.1D of the revised deposit draft district wide Local Plan in that it would result in a comprehensive mixed use redevelopment of the site which includes employment development. The proposal would comply with Policy EMP.6 in the Wansdyke Local Plan and GDS1/NR4 in the revised deposit draft Local Plan in that it would appropriately address the identified site specific development requirements.
The proposal would comply with policies TRAN10 of RPG10, policy 59 of the JRSP, policies TP.1 and TP.18 in the Wansdyke Local Plan and T.1, T.24, T.25 and T.26 of the revised deposit draft District Wide Local Plan in that it would not have an adverse impact on traffic and would suitably encourage and make provision for the use of other modes of travel than the private car.
The proposal complies with policies VIS2 and ENV4 of RPG10, policies 17 and 19 of the Joint Replacement Structure Plan, policies GEN02, LNC1 and LNC4 of the Wansdyke Local Plan and D1, D2, D4, NE.1 and NE.4 of the revised Deposit Draft Local Plan in that the design and landscape impact of the proposal would not be detrimental to the setting and character of the area. The proposal complies with policies D2, ES12 and GDS1/NR4 of the revised deposit draft Local Plan in that it would not adversely affect the amenities of adjoining residential properties.
The proposal complies with policy 18 of the Joint Replacement Structure Plan, policy LNc.10 of the Wansdyke Local Plan and NE.10, NE.11 and NE.15 of the revised Deposit Draft Local Plan in that the proposals would both sufficiently protect and where necessary mitigate against the loss of, the parts of the site which are ecologically important.
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|
04 |
05/03863/FUL |
48 Temple Street Keynsham |
35-38 |
CASE OFFICER: The issues relating to vehicle access to the site, on-site parking and the servicing of the two shops on the site have not yet been resolved, and are the subject of negotiations with the applicant.
It is recommended that a decision is not made on this application until these issues have been resolved, and therefore members are recommended to DEFER the application until the next meeting for negotiations.
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