Application Details

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  • Application Number: 11/19/00128
  • Parish/Town Council:

Application Progress:

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Application Registered:
Comments Welcome By:
15/02/2020
Application Decided:
30/09/2020
Appeal Received:
14/05/2020
Appeal Decided:
30/09/2020

Subscription Request Sent :

Error :

Type:
Full Planning Permission
Location:
Land To The North Of, Walrow, Walrow Road, Highbridge, Somerset, TA9
Proposal:
Erection of 46 dwellings, formation of access and ancillary works.
Case Officer:
Dawn de Vries
Registered Date:
03/01/2020
Applicant:
Flower & Hayes Ltd.
Applicant Address:
Old Mills House Old Mills Industrial Estate Paulton Bristol BS39 7SU
Agent:
Della Valle Architects, Lake View
Agent Address:
Lake View Charlton Estate Shepton Mallet BA4 5QE
Agent:
Mr S Chambers, LPC (Trull) Ltd
Agent Address:
LPC (Trull) Ltd Trull Tetbury Gloucestershire GL8 8SQ
Current Agent:
Della Valle Architects Ltd,
Current Agent Address:
Lake View Charlton Estate Shepton Mallet Somerset BA4 5QE
Consultation Start Date:
08/06/2020
Earliest Decision Date:
15/02/2020
Committee Date:
02/06/2020
Decision Level:
Committee
Decision:
Planning Inspectorate (appeal decn)
Decision Date:
30/09/2020
Appeal Received Date:
14/05/2020;
Appeal Start Date:
02/06/2020;
Appeal Decision:
Appeal Allowed
Appeal Decision Date:
30/09/2020;

Conditions and Reasons

Number
Condition
Complied Date
1
The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990 ( as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).
2
The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule A. Reason: For the avoidance of doubt and in the interests of proper planning.
3
No development shall commence until surface water drainage works have been implemented in accordance with details that have been submitted to, and approved in writing by, the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in The National Planning Policy Framework, associated Planning Policy Guidance and the Non-statutory technical standards for sustainable drainage systems. The results of the assessment to be provided to the local planning authority. The system should be designed such that there is no surcharging for a 1 in 30 year event and no internal property flooding for a 1 in 100 year event + 40% allowance for climate change. The submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharge rate and volume from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters. ii. provide a plan indicating flood exceedance routes, both on and off site in the event of a blockage or rainfall event that exceeds the designed capacity of the system. iii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime, including:- details of land ownership; maintenance responsibilities; a description of system; the identification of individual assets, services and access requirements; details of routine and periodic maintenance activities. The surface water drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan for the lifetime of the development. Reason: This condition is pre-commencement to ensure that the development can be adequately drained. Such approved details must be implemented throughout the lifetime of the development
4
Prior to the commencement of development, a written commitment to the sourcing of local labour shall be submitted to and approved in writing by the local planning authority. The written commitment, as a minimum, shall set out the following matters: i) The proportion of construction workers to be sourced from the local labour pool, ii) Work experience/ apprenticeship opportunities; iii) The proportion of local procurement and sourcing; iv) On-going skills development and training opportunities; v) The steps that will be taken to ensure that the above is implemented; vi) The operator shall maintain a record of i - v above and shall make that information available to the local planning authority at all reasonable times upon request. Reason: This needs to be agreed prior to commencement to ensure that Local Labour is used in the project from the start in accordance with Policy D15 of the Local Plan.
5
Prior to the commencement of ground works and/or vegetation and brashings removal a 'Reptile Mitigation Strategy', including details of the suitability of a translocation site, will be submitted to and approved in writing by the local planning authority. The reptile mitigation shall be carried out in strict accordance with the details approved. Reason: This condition is pre commencement in the interests of UK protected species and in accordance with Local Plan policy D20.
6
Prior to the commencement of development,  including any site clearance, groundworks or construction within each sub-phase (save such preliminary or minor works that the Local Planning Authority may agree in writing), a Construction Management Plan (CMP) to manage the impacts of construction during the life of the works, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the CMP shall, amongst other things, include:- Measures to regulate the routing of construction traffic; The importation and of spoil and soil on site; The removal /disposal of materials from site, including soil and vegetation; The location and covering of stockpiles; Details of measures to prevent mud from vehicles leaving the site and must include wheel- washing facilities; Control of fugitive dust from earthworks and construction activities; dust suppression Noise and Vibration control plan (which includes control methods) A waste disposal policy (stating no burning on site) Details of any site construction office, compound and ancillary facility buildings; Specified on-site parking for vehicles associated with the construction works, deliveries and the provision made for access thereto Construction operation hours Construction delivery hours A scheme to encourage the use of Public Transport amongst contractors A point of contact (such as a Construction Liaison Officer/site manager) and details of how complaints will be addressed, including an appropriate phone number. The details so approved and any subsequent amendments as shall be agreed in writing by the Local Planning Authority shall be complied with in full and monitored by the applicants to ensure continuing compliance during the construction of the development. Reason: This condition is pre commencement to protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway in accordance with Policy D13, D14 and D25 of the Local Plan
7
Contaminated land condition The site of the proposed development may be contaminated. Therefore unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions A to C have been 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 condition D has been complied with in relation to that contamination. A. Site Characterisation A detailed site investigation and risk assessment must be completed in accordance with current UK guidance to assess the nature, extent and scale of any contamination 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 must be produced. The investigations, risk assessments and written reports must be approved in writing by the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) desk study information, conceptual models, investigation methods, investigation results and interpretation and any other information required by the local planning authority to justify and appraise the report findings. (iii) 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 groundwaters and surface waters, o ecological systems, o archaeological sites and ancient monuments; (iv) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with current UK guidance including DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. B. Submission of Remediation Scheme In cases where contamination is shown to exist a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property, the natural and historical environment and surrounding land must be prepared, and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. C. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and approved in writing by the local planning authority. D. 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 must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition B, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition C. E. Long Term Monitoring and Maintenance If a monitoring and maintenance scheme, to include monitoring the long-term effectiveness of the proposed remediation, is required as part of the approved remediation scheme then the monitoring and maintenance scheme will need to be approved in writing by the local planning authority. Following completion of the measures identified in that monitoring and maintenance scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority for approval. This must be conducted in accordance with current UK guidance including DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Reason: This condition is pre commencement to ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
8
Before any building or engineering works are carried out on the site, a construction access shall be provided, surfaced and drained in accordance with a detailed scheme, which shall be submitted to and approved in writing by the Local Planning Authority. Once approved the access shall be implemented in accordance with the agreed details. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
9
The approved planting scheme shall be implemented in the first planting season following the completion of the development. All landscape areas shall be protected and maintained, and any trees or plants which, within a period of five years from the completion of the planting, 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 the LPA has given its written consent to any variation. Reason: To ensure that this development site is appropriately landscaped to provide enhancement of the environment, mitigation for vegetation that is to be removed, to ensure biodiversity is maintained and that planting schemes are established and managed into the future This is in accordance with Section 12 of the NPPF and Policies D2 and D20 of the Sedgemoor District Local Plan.
10
In accordance with BS 5837:2012 (Trees in relation design, demolition & Construction – Recommendations ), temporary protective fencing shall be erected in line with root protection areas(RPA) in accordance with a tree protection plan and arboricultural method statement to be submitted and approved in writing by the Local Planning Authority prior to work commencing within the RPA. No materials, fires lit, liquids tipped, rubbish dumped or plant shall be stored within defined root protection areas. No underground services shall be located within the RPA without consent of the LPA. The erection of temporary protective fencing shall be monitored by a professionally qualified arboriculturalist and retained for the duration of the works and shall not be altered or realigned without prior approval in writing by the LPA. The work shall be carried out in accordance with the agreed details for the duration of the development. Reason: To ensure that the health and stability of the retained trees are maintained and that operations can be undertaken with minimal risk of adverse impact trees/hedgerows.
11
No external lighting shall be installed other than the lighting approved under the 'lighting design for bats' without the prior consent from the local planning authority. Lighting on/within the site shall therefter be retained and maintained in accordance with the agreed details. Reason: In the interests of the Favourable Conservation Status of populations of European protected species and in accordance with Local Plan policy D20.
12
The following shall be installed within the housing site: a) A Habibat roost type 001 shall be installed in the wall structure, and away from windows, on each west or south west facing elevation of the dwellings in Plots 36, 37 and 38 and at least 4 metres above ground level. b) Six bird boxes (4 x house martin nests; and 2 x 1SP Schwegler Sparrow Terrace or similar) will be installed directly under the eaves and away from windows on the north or north-west aspects of dwellings located in Plots 35 to 38. Photographs of the installed roosts and nest boxes will be submitted to the Local Planning Authority following installation prior to the completion of the development. Reason: To ensure the development contributes to enhancing biodiversity as set out in the National Planning Policy Framework
13
The applicant at their own expense, shall appoint a suitably qualified acoustics consultant with a remit to examine the premises and land and assess noise and vibration impacts to residential properties and other land and make appropriate recommendations for mitigating noise and vibration impacts pror to the commencement of development. The consultant shall submit a written report to the Local Planning Authority for approval. The report shall detail all measurements taken and results obtained, together with any sound reduction scheme and the calculations and reasoning upon which any scheme is based. Reference shall be made to any relevant guidance and Codes of Practice including BS 8233:2014 and the Professional Practice Guidance (ProPG) Planning and Noise-New Residential Development. An approved scheme shall be implemented and maintained as part of the development. Reason: This condition is pre commencement to safeguard local residents from noise and disturbance.
14
Before the dwellings hereby permitted are first occupied a properly consolidated and surfaced site access and site access road shall be constructed (not loose stone or gravel) in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
15
Prior to commencement of development details of the bund and retaining wall preventing overland flow east of the development shall be submitted to and approved in writing by the local planning authority. The details shall include: The construction details of the bund and wall. Measures to ensure that the bund and wall will be in place for the lifetime of the development. The development shall then be carried out in accordance with the agreed details, implemented prior to the first occupation and maintained as such thereafter. Reason: This condition is pre commencement in the interests of ensuring properties are protected from flood risk in accordance with Policy D1.
16
The applicant shall ensure that all vehicles leaving the site during the construction phase are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway. In particular (but without prejudice to the foregoing), efficient means shall be installed, maintained and employed for cleaning the wheels of all lorries leaving the site, details of which shall have been agreed in advance in writing by the Local Planning Authority and fully implemented prior to construction on site, and thereafter maintained until construction works are complete. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the emerging Local Plan.
17
Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall be submitted to and approved in writing by the Local Planning Authority prior to construction of the surrounding development above DPC level. The development shall then be carried out in accordance with the agreed details Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
18
The proposed estate roads, footways, footpaths, tactile paving, verges, junctions, 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 approved by the Local Planning Authority in writing before their construction begins. 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. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
19
The gradients of the proposed site access hereby permitted shall not be steeper than 1 in 14. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
20
The gradients of the proposed access ramp to the east of Bin Store 2 on the submitted plan (drawing No F1451/SP01/F) shall not be steeper than 1 in 12. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
21
At the proposed access there shall be no obstruction to visibility greater than 600mm above adjoining road level within the visibility splays shown on the submitted plan. (Drawing No F1451/SP01/F) Such visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained at all times. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
22
The area allocated for parking and turning on the submitted plan (drawing No F1451/SP01/F) shall be kept clear of obstruction and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted. Reason: In the interests of Highway Safety and in accordance with Policies D13 and D14 of the Local Plan.
23
No demolition/construction work (other than completely internal fitting out) or deliveries to and from the site shall take place outside the hours of 07:00 to 18:00 Mondays to Fridays, 08:00 to 13:00 on Saturdays, with the exception of specific works which shall have been agreed in advance and in writing by the local planning authority and shall include details of the task, the date and duration of works. No works to take place on Sunday and Bank Holidays. Reason: To protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway
24
All tree surgery shall be carried out in accordance with BS 3998:2010 (Tree work - Recommendations) by a suitably qualified arborist. Reason: In the interests of good arboricultural practice.
25
Tree surgery, including felling, shall not be carried out during the bird nesting season, which is approximately between March & September (inclusive). If this is not possible, a survey for nesting birds shall be carried out immediately prior to commencement of the works by a suitably qualified ecologist. Any nesting birds discovered will be buffered by an exclusion zone determined by the ecologist which will remain in force until any chicks have fledged. Reason: To ensure compliance of the Wildlife & Countryside Act 1981 :Part 1.
26
Removal or pruning of mature/veteran trees must not be carried out until it has been established that they do not support roosting bats. Mature/veteran and trees shall be inspected by a qualified licenced bat ecologist prior to the commencement of development and any works agreed in writing with the Local Planning Authority shall be carried out during the period from April to October. Reason: Bats and their roosts are afforded protection under the Conservation of Habitats and Species Regulations 2010 which includes making it illegal to kill or injure bats under the Wildlife and Countryside Act 1981 (as amended)
27
No removal of hedgerows, trees or shrubs or demolition of buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared or works to buildings commences and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority. Reason: In the interests of nesting wild birds and in accordance with Local Plan policy D20.
28
The development hereby permitted shall be constructed with Finished Ground Levels and Finished Ground Floor levels to be set as per the Proposed Site Plan F1451/SP.01/C. Finished floor levels should be set at a minimum of 8.45 AOD. Reason: To reduce flood risk to the development and future occupiers.
29
No development shall take place until such a time as a scheme detailing flood resilience measures to be incorporated into the proposed dwellings has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented and subsequently maintained in accordance with the details included within the scheme, or within any other period as may subsequently be agreed in writing. Reason: To reduce the residual risk of flooding to the proposed development and future users.
30
All development must be two storey in nature, with an upper floor area of safe refuge. No sleeping accomodation shall be provided on the ground floor. Reason: To reduce the risk of flooding to the proposed development and future users.

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