Planning Online - Application Details

Planning Online last updated:15/02/2019

Planning Application Number: 20/14/00005

Parish/Town Council: Chilton Trinity

Application Progress:

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Application Received
04/09/2014
Application Registered
04/09/2014
Comments Welcome By
04/12/2014
Application is Under Consideration
Application Decided
13/03/2015
Appeal Received
Appeal Decided
Type:
Full Planning Permission
Location:
Land at, Former Brickworks, Straight Drove, Chilton Trinity, Bridgwater
Proposal:
Erection of 58 dwellings and building to form 14 commercial units (use class B1 and B8), demolition of existing structures (REVISED FLOOD RISK ASSESSMENT AND ECOLOGICAL REPORT)
Case Officer:
Stuart Houlet
Registered Date:
04/09/2014
Applicant:
Redrow Homes South West
Applicant Address:
Redrow House, West Point Great Park Road Bradley Stoke Bristol, South Gloucestershire BS32 4QG
Consultation Start Date:
10/11/2014
Earliest Decision Date:
05/12/2014
Committee or Delegated:
Delegated
Committee Date:
Not Applicable
Decision:
Granted Permission
Decision Date:
13/03/2015
 Conditions and Reasons
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
Manufacturers' details of all external facing materials of all buildings and walls shall be submitted to and approved in writing by the local planning authority prior to work commencing on the buildings/walls to which they relate. Reason: In the interests of visual amenity and for the avoidance of doubt as to the extent of the permission granted.
4
No demolition or construction work, other than completing internal fitting out, shall take place outside 07.30 to 18.00 hours on Mondays to Fridays and 07.30 to 13.00 hours on Saturdays. There shall be no working on Sundays or Bank Holidays or Public Holidays. Reason: To protect the residential amenity of the occupants of nearby residential properties.
5
The development hereby permitted shall not give rise to noise levels greater than 8 dB LAeq, (60 min day time, 5 min nighttime) above the prevailing background level as described in BS 4142:1997 when measured at the facade of the nearest noise sensitive dwelling. Reason : To safeguard local residents from noise and disturbance
6
During construction and demolition an adequate water supply shall be maintained at all times in order to provide adequate dust suppression. To safeguard local residents from dust nuisance
7
The site of the proposed development and the land therein and close thereto 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: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archeological 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 the former policy document Planning Policy Statement 23 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: 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
No development shall commence until details of the finished floor levels of the development have been submitted to, and agreed in writing by, the Local Planning Authority. The scheme shall be built in accordance with the approved details. Reason: To reduce the risk of flooding to the development and its occupants. [Notes to Applicant: It has previously been agreed that finished floor levels would be no lower than 300mm above the 2050 breach flood level which will result in minimum floor levels ranging from 7.45 mAOD to 7.25mAOD.
9
No development shall commence until details of flood resilience measures in the construction of the development have been submitted to, and agreed in writing by, the local planning authority. The development shall be constructed in accordance with the approved details. Reason: To reduce the risk of flooding to the development and its occupants.
10
No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to, and agreed in writing by, the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The submitted and approved details shall include long-term maintenance arrangements. Reason: To prevent the increased risk of flooding and ensure the future maintenance of the surface water drainage system.
11
Prior to the commencement of development a foul drainage strategy shall be submitted to and approved in writing by the local planning authority. The drainage scheme shall be completed in accordance with the approved details and to a timetable agreed with the local planning authority. Reason: To ensure that proper provision is made for sewerage of the site and that development does not increase the risk of sewer flooding to downstream property.
12
No alterations or modification to the watercourse network or structures therein shall be made until details have been agreed with and have been approved by the local planning authority. Reason: The details received have not demonstrated that arrangements for surface water management and downstream drainage ensure the safety of the proposed development. This is to ensure that the watercourse network can continue to function unimpeded and to ensure sufficient width adjacent to the watercourses is allocated for future maintenance access.
13
A European Protected Species licence for bats from Natural England shall be obtained and a copy submitted to the local planning authority before any licensable work commences on site. Reason: To ensure that the necessary consents are in place in the interests of ecological mitigation.
14
Before commencing any work on site, builders and contractors should be inducted by a bat ecologist to make them aware of the possible presence of bats, their legal protection and of working practices to avoid harming bats. Demolition contractors must be made aware of the potential for bats to be present within the material of the buildings. Tiles, fascia boards and other selected features should be removed by hand, each one checked for bat(s) clinging to the underside, before being put down. Work shall be supervised according to the stipulations of the licence. Reason: In the interests of ecological mitigation
15
No artificial lighting associated with the development will illuminate habitat features used by bats or installed bat roosts. A Lighting Strategy showing how this would be achieved, including through the use of illuminence contours down to 0.1 Lux, should be submitted to Sedgemoor District Council before work on site commences for approval. A minimum 5 metre buffer will be maintained between the boundary of the site and the Chilton Trinity Ponds Local Wildlife Site in the position shown on drawing no . 5388.02.EP001 C. A temporary fence will be erected to protect this buffer from construction activity and maintained until permanent boundaries are in place Reason: Bats and their roosts are afforded protection under the Conservation of Habitats and Species Regulations 2010 which includes making it illegal to cause kill or injure bats and destroy, damage or disturb roosts and from intentional or reckless disturbance to individual bats under the Wildlife and Countryside Act 1981 (as amended). Bat species are adversely affected by the introduction of artificial lighting on commuting routes, which in effect can cause severance between roosts and forging areas. There is the possibility of uncontrolled amenity or security lighting in back gardens. A dark boundary area will also help maintain other light sensitive species on site and contribute towards conserving biodiversity. A 5 metre buffer will allow habitat used by bats to be maintained. In addition it would provide protection for any water vole burrows that may be present. Water voles and the places of rest are protected under the Wildlife and Countryside Act 1981 (as amended). The National Planning Policy Framework (NPPF) requires that development should '… contribute to conserving and enhancing the natural environment'
16
No work shall be carried out in the bird nesting season, which is between March and August (inclusive). If 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 shall be buffered by an exclusion zone determined by the ecologist which shall remain in force until the chicks have fledged. Reason: The ecological report states that there is evidence of nesting birds on site both on buildings. Nesting birds are afforded protection under the Wildlife and Countryside Act 1981 (as amended). Although this is a legal obligation the law does not specify a time period – some species can breed outside the time frame given. Barn owls are additionally protected from disturbance whilst nesting and with dependent young. To ensure the development contributes .
17
An Ecological Management Plan shall be submitted to and approved in writing by the local planning authority prior to work commencing on site. The development shall proceed in accordance with the details so approved. Reason: To ensure the development contributes to the Government's target of no net biodiversity loss and gain where possible as set out in the National Planning Policy Framework; Sedgemoor District Council Core Strategy Policy D14; and the council's obligations for biodiversity under the Natural Environment and Rural Communities Act 2006.
18
An Ecological Construction Management Plan shall be submitted to and approved in writing by the local planning authority prior to work commencing on site. The development shall proceed in accordance with the details so approved. Reason: To ensure the development contributes to the Government's target of no net biodiversity loss and gain where possible as set out in the National Planning Policy Framework; Sedgemoor District Council Core Strategy Policy D14; and the council's obligations for biodiversity under the Natural Environment and Rural Communities Act 2006
19
Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995, the commercial units hereby approved shall only be used for purposes in Classes B1 and /or B8 of the of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to those Classes in any statutory instrument revoking and re-enacting that Order with or without modification). Reason: The local planning authority considers that the units in question are only suitable for B1 and B8 uses due to their close proximity to residential property (existing and proposed).
20
The landscaping of the development within the curtilages of the hereby approved dwellings shall be undertaken and completed in accordance with drawing no. Drawing nos RED19415-11 (sheets 1-3) prior to first occupation of the dwelling in question. Elsewhere (i.e. outside of residential curtilages) the landscaping of the development shall be undertaken and completed in accordance with drawing no. Drawing nos RED19415-11 (sheets 1-3) no later than the end of the first planting season following first occupation of the final dwelling house. Reason: To ensure that the landscaping of the site is undertaken in a reasonable timeframe.
21
The development shall not be first occupied until works to construct the footpath/cycleway from the site to Chilton Trinity Technology College have been carried out in accordance with a design and specification submitted to and approved in writing by the local planning authority. The design is to be fully implemented in accordance with the approved details, unless otherwise agreed in writing with the local planning authority. Reason: In the interests of pedestrian safety.
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. Reason: In the interest of highway safety.
23
The areas allocated for parking and turning on the submitted plan 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.