REPORT TO THE STRATEGIC PLANNING COMMITTEE Date of Meeting Wednesday 9 December 2015 Application Number 13/04647/WCM Site Address Land at Leigh Delamere Nr Chippenham Wilts Proposal Construction of new landscaped noise attenuation bund Applicant Mrs H Tupper Town/Parish Council GRITTLETON Ward BY BROOK - Cllr Baroness Scott of Bybrook OBE Grid Ref 388347 179271 Type of application County Matter Case Officer Greg Lester Reason for the application being considered by Committee Cllr. Jane Scott has requested this application be called-in for determination by the Strategic Planning Committee for the following reasons: Concern over highway safety implications. 1. Purpose of Report To consider the above report and to recommend that planning permission is refused. 2. Main Issues The main issues in respect of the proposals are considered to be: Waste Policy Impact on Residential Amenity Landscape/Visual impact Ecological Impact Highways Impact Impact on Historic Environment 3. Site Description The proposed development site is located at Leigh Delamere and is part of an agricultural field which slopes gently from north to south and is bounded by the hamlet of Leigh Delamere to the north and the east bound carriageway of the M4 motorway in the south. To the west of the site is made-up ground from the construction of the M4 in the late 60’s early 70’s and to the east is a cattle/ vehicle over bridge which runs from Leigh Delamere and passes over the motorway. The application site is 3.50 ha and is currently used for arable purposes. 4. Planning History N/05/02398/FUL Applicant: Mr and Mrs J Jeeves - Creation of Landscaped Bund Adjacent to M4 Motorway - Refused N/09/00652/WCM Applicant: Mr Paul Lysley - Creation of a landscaped landform to mitigate adverse environmental impacts of the M4 Motorway and the construction of a temporary access track to facilitate vehicular access to construct the landform – Withdrawn N/10/01208/WCM Applicant: Mr Paul Lysley - Creation of a Landscaped Landform Using Inert Fill Material to Mitigate Adverse Environmental Impacts of The M4 Motorway and Construction of a Temporary Access Track to Facilitate Vehicular Access - Withdrawn 5. The Proposal Planning permission is sought for the construction of a landscaped bund along the northern boundary of the M4 at Leigh Delamere. The purpose of the bund, which would be landscaped with shrubs and trees, is to provide an acoustic and visual screen for the residents of the hamlet from the M4. The bund would be formed in an ‘L’ shape and be approximately 400 metres long, with a, 70 metres wide with an average height of 4-5 metres above existing ground levels, with the shorter part of the ‘L’ on the bunds north side being 180 metres long and 60-70 metres in width with an average height of 4-5 metres. It would have a shallow slope on the north side facing Leigh Delamere with a steeper slope on the south as it drops down to the M4. This is intended to give it the appearance of a field rising to the south as viewed from the hamlet. It is proposed to construct the bund to an engineered design using inert material which would be imported to the site. When constructed the bund would be landscaped with shrubs and trees. Access to the site would be via a field gate off a ‘C’ class county road (C178) which links Leigh Delamere (to the east) with Sevington (to the west). The field entrance would be hard surfaced and a temporary haul road installed to the proposed bund site. It is estimated that some 70,000 cubic metres of materials would be required to build the bund which would equate to 12 lorry loads per day (24 movements) over a period of 24 months. Proposed hours of operation are as follows; Monday to Friday 07.30 – 18.00, with no deliveries within an agreed time period for the schools start time and finish time. Saturday 07.30 – 13.00 No Sunday or Bank Holiday working. No indication is given in the application regarding the source of the inert waste material. The submitted Transport Statement identifies five potential routes for the delivery of the material to the site. However, all routes converge on the C178 which runs east-west past the north of the site. Following the consultation process, a number of deficiencies were identified within the submitted supporting information. A submission of additional information was made and those consultees that had identified the deficiencies were invited to review the additional information. 6. Planning Policy The following Development Plan policies are considered relevant to the determination of this planning application: Policies WCS2, WCS3 and WCS 5 of the Swindon and Wiltshire Waste Core Strategy 2006 – 2026. Policies WDC1, WDC2, WDC3, WDC7, WDC8, WDC9 and WDC11 of the Wiltshire and Swindon Waste Development Control Policies DPD. 7. Consultations Wiltshire Councillor, Mrs Jane Scott – has requested that the application be considered at a meeting of the Strategic Planning Committee. Grittleton Parish Council - Councillors have studied the Transport Plan supplied but remain of the opinion that the excessive disruption caused by importing materials to the site remains significant in terms of the surrounding local highway network – both in terms of condition and operation. The proposed access routes to the site, involving a great number of daily lorry movements through neighbouring hamlets and villages (including Stanton St Quintin, Hullavington and Yatton Keynell) will, in Grittleton Parish Council’s opinion, have serious detrimental effect upon the surrounding rural road system. The suitability of some of the lanes to take a significant amount of construction traffic is of concern, particularly in relation to the lack of passing places in some locations (including Sevington Lane). Although the Parish Council note a potential embargo on movements of construction traffic close to local schools during prescribed times, Councillors consider that the impact of such a restriction could lead to the time period for construction significantly over-running the two year scale indicated. Furthermore, the likelihood of a major increase in construction traffic movements during school holidays is of major concern. Grittleton Parish Council note that despite concern set out in their letter of 2nd December 2013, the Transport Plan makes no reference to clarifying where responsibility lies in terms of reparation work to the local highway network following the construction of the bund. The Parish Council note that no Construction Management Plan has been supplied – and there is no reference to how works on the site will operate – a number of Health and Safety issues appear not to have been addressed. Whilst Councillors wholly appreciate the impact of noise pollution upon the community of Leigh Delamere, Grittleton Parish Council have noted a lack of unity in response to the application from all residents of Leigh Delamere. The Parish Council continue to consider that the effect which the proposed works would have upon the surrounding area is of significant concern and therefore object to the application. Environment Agency – No objection to the scheme as proposed. Highways Agency – No objection subject to conditions covering dust suppression measures during construction. Rhamnus Cartharica shall not be used in the planting mix. Environmental Health Officer – initially concerned that a bund restricted in height to find a balance with landscaping requirements would be provide a reduction although will still exceed the WHO and BS8233 standards. Any scheme designed for this site should aim to achieve the best possible standards. However, the additional information provides suitable justification for a single bund. I would agree with the authors findings that an additional bund in the South West field would only provide a minimal decrease in levels in Western edge and none in the rest of the village and when you off set the benefits against the additional lorry movements and disruption in the construction phase I must agree with the scheme as proposed. However, there will be inevitable disruption caused through vehicles arriving at and departing from the site as well as the machinery required for landscaping work. Consideration should be given to restricting working hours from 0730 – 1800 Monday to Friday, with no working at weekends. In addition, a wheel wash facility should be considered to ensure the highway is protected during inclement weather and also a full time road sweeper to ensure that the roads are dampened to prevent wind borne dust becoming a nuisance off site. Council Ecologist – The survey initially submitted with the application had several inadequacies and missing information regarding protected species and the submitted Construction Method Statement was not based on an updated survey. Following the submission of additional information, these concerns have been addressed and it is recommended that conditions securing the provision of protection for protected species and the method of construction being in accordance with the submitted CMS should be added to any planning permission. Council Landscape Officer – There have been several previous submissions for the construction of an acoustic bund at Leigh Delamere. These have previously been rejected for poor design issues, landscape impact and a lack of supporting evidence that the bund would achieve the necessary noise reduction. The current application is supported by a suite of reports. In terms of Landscape, a Landscape and Visual Impact Assessment (LVIA) has been submitted and demonstrates a much improved design for the bund in terms of contouring and planting. Following the provision of additional information, a soil handling strategy has been provided which details where soil that has been stripped will be stored, as well as that which is imported for the construction of the bund. The strategy itself is acceptable.