Town and Country Planning Act 1990 –Section 78 Town and Country Planning (Development Management Procedure) () Order 2013 Town and Country Planning (Inquiries Procedure) (England) Rules 2002

Appeal by Gladman Developments Limited Land off Melksham Road, Holt,

Against the Refusal Planning Permission By

“Outline planning application for up to 98 dwellings with associated open space and landscaping, with all matters reserved except for access.”

APP/Y3940/W/15/3063775

Rule 6 Statement of Case

May 2015

Melksham Road, Holt Gladman - Rule 6 Statement of Case

1 Introduction ...... 3 1.1 Context...... 3 1.2 Case for the Appeal Proposals ...... 3 2 Council’s Reasons for Refusal ...... 11 2.1 Introduction ...... 11 2.2 Reason 1 and 2 ...... 11 2.3 Reason 3 ...... 13 2.4 Reason 4 ...... 14 2.5 Reason 5 ...... 14 2.6 Reason 6 ...... 15 3 Planning Conditions & Section 106 Obligations ...... 16 3.1 Planning Conditions ...... 16 3.2 Section 106 Obligations ...... 16 3.3 CIL ...... 16

LIST OF APPENDICES Appendix 1 – Proposed Core Documents List Appendix 2 – Draft List of Planning Conditions Appendix 3 – Justification for the Inquiry Procedure

2 Melksham Road, Holt Gladman - Rule 6 Statement of Case

1 INTRODUCTION

1.1 Context

1.1.1 This Rule 6 Statement comprises the appellant’s ‘full statement of case’ against the refusal of Wiltshire Council (WC) to grant planning permission for an: “Outline application for up to 98 Dwellings with associated open space and landscaping with all matters reserved, except for access.” (application reference: 14/12109/OUT)

1.1.2 The planning application was registered by the Local Planning Authority on the 12th January 2015. The application was under determination for 13 weeks and was subsequently refused under delegated powers on the 10th April 2015.

1.1.3 A request for an EIA Screening Opinion was issued to WC on 12th January 2015 and the Council responded on 21st January 2015, confirming that the proposed development would be unlikely to have any significant effects upon the environment and was therefore not EIA development.

1.2 Case for the Appeal Proposals

1.2.1 The following statements are made in respect of the appeal proposals:

Housing Need I. The proposal responds directly to the need identified within the Wiltshire Core Strategy to deliver, amongst other things, at least 42,000 (2,100dpa in Wiltshire) new homes up to 2026.

II. It is a material consideration that the OAN (as acknowledged by the Core Strategy Inspector) is in the order of 44,000, and no specific constraints are identified which would prevent the delivery of this amount of housing.

III. As a consequence of this, the Core Strategy Inspector endorses the Council’s proposed early review of the Core Strategy and SHMA in 2016 based on a new and up to date SHMA.

IV. The Core Strategy Inspector provided that in the meantime the current target of 42,000 should be considered as a minimum figure, with the flexibility to deliver more.

3 Melksham Road, Holt Gladman - Rule 6 Statement of Case

V. The appeal scheme is deliverable – it is precisely the kind of development that can help meet the full OAN. In this context, the figure of 42,000 must not be seen by any means as a ceiling to housing delivery.

VI. Development in villages, such as Holt, which deliver an element of affordable housing, is also seen as important for addressing the critical issue of housing affordability in Wiltshire. The annual affordable housing need identified by the SHMA equates to 3,724 homes per annum; affordable need outstrips the planned provision of homes of all tenures planned for Wiltshire. The requirement for affordable housing is not being met in Wiltshire and there is currently no prospect of it being met. This failing is an important material consideration which the appeal proposals will serve to help address.

Housing Supply VII. Housing provision in Wiltshire has been split between three different Housing Market Areas (HMA), which consist of North and , East Wiltshire and South Wiltshire. Holt is included within the North and West Wiltshire HMA, which has a minimum housing requirement of 24,740 dwellings over the plan period. The Core Strategy provides that housing land supply should be assessed against Housing Market Areas.

VIII. The Appellant will adduce evidence to show that North and West Wiltshire HMA cannot demonstrate the necessary five-year housing land supply. In the circumstances, and applying paragraph 49 of the Framework, policies relevant to the supply of housing are out-of-date. In such circumstances, the Framework requires at paragraph 14 that where policies are out-of-date, the presumption in favour of sustainable development is engaged.

IX. Even if by the time of this appeal, North and West Wiltshire HMA achieve the minimum requisite five year housing land supply, the Framework sets a requirement for local authorities to maintain a rolling give year supply in order to “boost significantly” the supply of housing. The Framework does not suggest a five year housing land supply should be viewed as a ceiling on permissions or that harm will arise as a result of approving sites in sustainable locations that will result in more than five year supply. The housing requirement set out in the Core Strategy should be considered a ‘minimum’ and delivery of a rolling housing land supply is important to meeting the local market and affordable housing needs of Wiltshire.

4 Melksham Road, Holt Gladman - Rule 6 Statement of Case

Wiltshire Core Strategy

X. The Core Strategy Policy CP1 provides the settlement strategy which identifies four tiers of settlements. Holt is identified as a Large Village, where it is provided sustainable development will take place to help meet the housing needs of settlements and to improve employment opportunities, services and facilities.

XI. Core Policy 2 provides the delivery strategy for Wiltshire. The supporting text to Policy CP2 states that Area Strategy figures are flexible and provide only indicative requirements, which should not be overly prescriptive or rigid which might otherwise prevent sustainable development proposals that can contribute to maintaining a deliverable five year housing land supply and help achieve the objectives of the Plan.

XII. Policy CP2 provides that outside the defined limits of development, development will not be permitted. Policy CP2 states that development limits may only be altered through the identification of sites for development through a subsequent Site Allocations DPD or Neighbourhood Plan.

XIII. It is acknowledged that the appeal proposals constitute a departure to Core Strategy Policy CP2, owing to the fact the proposals are located outside the existing development limits in the open countryside and have not been allocated through either the Site Allocations DPD or Neighbourhood Plan. However, in the circumstances that North and West Wiltshire HMA cannot demonstrate an adequate supply of housing, Policy CP2 is deemed out of date and should not be decisive in respect of the appeal proposals.

XIV. Under Core Policy 7, Holt is included within the Bradford-on-Avon Community Area (CA), where it is provided that 780 dwellings will be delivered over the Plan period (2006-2026). The distribution is split between Bradford-on-Avon and the ‘remainder’ which includes: Holt, , Limpley Stoke, Monkton Farleigh, Staverton, Wingfield and Westwood.

XV. Core Policy 7 must however be read in accordance with the provisions set out earlier in Core Policy 2, which provides that Area Strategy requirements are flexible and provide only an indicative approach which should not restrain Wiltshire’s ability to maintain a five year housing land supply and achieve the objectives of the Plan. Consequently, it is not the intention of the Core Strategy, to preclude housing development based on Area Strategy requirements.

5 Melksham Road, Holt Gladman - Rule 6 Statement of Case

XVI. Whilst the Community Area requirements from Bradford-on-Avon CA are close to being achieved, additional housing development in Holt can help support the housing needs of other Community Area’s in North and West Wiltshire HMA, such as Melksham or Trowbridge.

XVII. Holt, save for its western boundary, is the only settlement within the Bradford-on- Avon Community Area which is not contained by either Green Belt or AONB. Holt is therefore a settlement where additional housing would be appropriate in principle.

XVIII. For Holt, no strategic allocations are currently contained in Core Policy 7. However, the Core Strategy retains West Wiltshire District Local Plan Policy CF41 (Holt Area of Opportunity) where it is provided that the Tannery Site represents a suitable location for mixed-use development. However, to date this ‘Area of Opportunity’ has not come forward since its allocation in June 2004. There has been no application put forward for the site and there is no timetable available for its delivery.

XIX. Whilst the Tannery Redevelopment proposals could have the potential to come forward within the plan period, in the interim, it is important to allow sustainable developments such as the Appeal proposal to come forward in order to help remedy North and West Wiltshire’s housing land supply position, meet the Objectively Assessed Needs of Wiltshire and maintain the minimum five year rolling supply.

XX. Core Policy 48 relates to dwellings required to meet the employment needs of rural areas. The supporting text to CP48 provides that residential development will not normally be permitted in the countryside unless it meets the requirements of Core Policy 44 (rural exception sites). However, CP44 relates to the settlement boundaries contained in Core Policy 1, which are to be regarded as out-of-date as they have been carried forward from the former District Plans and do not plan positively to meet housing provision beyond 2011. Until settlement boundaries have been reviewed by Wiltshire Council, the provisions set out in Core Policy 44 are also to be regarded as out-of-date. The appeal proposals comply with the remaining relevant sections of CP48 which relates to housing required to meet the employment needs of rural areas, through providing housing to local people who currently live and work in Holt and its surrounding rural hinterland.

XXI. Reading the Development Plan as a whole, the minor policy conflict with CP2 does not outweigh the significant benefits which arise a as a result of the appeal proposals.

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Landscape Impact

XXII. Policy CP51 (CP51) sets out that development should protect, conserve and where possible enhance landscape character and must not have a harmful impact upon landscape character, while any negative impacts must be mitigated as far as possible through sensitive design and landscape measures.

XXIII. In accordance with CP51, the existing landscape features on-site, consisting of field boundary and hedgerow trees will largely be retained and enhanced through gapping up and new hedgerow tree planting.

XXIV. It will be demonstrated that the landscape and visual impacts arising from the development of the appeal site will not adversely affect the overall landscape character and that visual impacts are limited to local views, largely confined to residential properties adjoining Great Parks and users of the public right of way which runs to the south east of the site. Evidence will be adduced to demonstrate that the any visual harms identified would not significantly and demonstrably outweigh the benefits of the scheme.

Emerging Site Allocations DPD

XXV. Wiltshire Council are producing a Site Allocations DPD which will identify land across Wiltshire to support the delivery of housing over the Core Strategy Plan Period to 2026. In addition to identifying sites for housing delivery, the document will review settlement boundaries for Principal Settlements, Market Towns, Local Service Centres and Large Villages.

XXVI. A six week informal consultation on the Draft Site Selection Methodology took place between the 23rd February 2015 and 2nd April 2015. A Pre-submission consultation on a draft plan and related evidence base is scheduled to take place in summer 2015, with submission for examination expected to take place in winter 2015.

XXVII. Paragraph 216 of the Framework confirms that weight may also be given to relevant policies in the emerging plans according to the stage of the plan’s preparation (the more advanced, the greater the weight that may be given), the extent to which there are unresolved objections and the degree of consistency with policies in the Framework.

XXVIII. The emerging Site Allocations DPD is in a relatively early stage of preparation, is subject to considerable objection and is yet to go through Examination. It is agreed

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that currently, its policies should not be regarded as decisive in terms of decision making and can only be attributed limited weight at this stage.

Emerging Holt Neighbourhood Plan

XXIX. Holt Parish Council are currently producing a Neighbourhood Plan. On the 22nd May 2013, Holt was granted Neighbourhood Area status by Wiltshire Council. The first draft of the Neighbourhood Plan (HNP) was circulated to the local community for comments and feedback in May 2014. Since the initial consultation, work has been progressing on shaping the Plan for the formal consultation process.

XXX. In April 2015 a Draft Version 3.2 of the HNP was published on the Parish Council’s website, along with Wiltshire Council’s adopted Strategic Environment Assessment (SEA) Screening Decision, confirming that the emerging Plan does not need to be supported by a full SEA. The Plan is however yet to go through any formal consultation (e.g. Regulation 14).

XXXI. The Plan includes the redevelopment of the Tannery site as the only allocation for housing. It focuses on delivering a mixed-use development of 50% commercial and 50% housing. Residential development outside of the settlement boundary, on greenfield sites, will be generally restricted.

XXXII. Paragraph 216 of the Framework confirms that weight may also be given to relevant policies in the emerging plans according to the stage of the plan’s preparation (the more advanced, the greater the weight that may be given), the extent to which there are unresolved objections and the degree of consistency with policies in the Framework.

XXXIII. The Emerging Holt Neighbourhood Plan and associated evidence base are yet to through any formal consultation, are subject to considerable objection and have not been tested through Examination. Currently, the emerging HNP can only be attributed limited weight and its policies should not be regarded as decisive in terms of decision making.

Other Material Considerations

Sustainable Development XXXIV. There are significant economic, social and environmental benefits including benefits which include:

8 Melksham Road, Holt Gladman - Rule 6 Statement of Case

 Connectivity - Holt is well connected with the surrounding settlements via the local highway and public rights of way network. It also benefits from regular bus services which provide connections to larger settlements and other employment centres such as Trowbridge, Melksham and Bradford on Avon within a short journey time;  Population growth - A sustainable increase in population within Holt to sustain and support the vitality and viability of the area and its businesses, services and facilities;  Affordable Housing – The delivery of 40% affordable housing in accordance with policy and without subsidy is a significant material consideration in favour of the scheme, particularly where there is currently an acute affordable housing need in Wiltshire;

 Create a high quality residential environmental which respects the character of Holt – The development has been carefully designed to respond positively and sympathetically to its built and environmental context and the character and appearance of the surrounding area;

 Improvements in housing mix and choice – The development proposals will deliver a mix of housing types and sizes to meet the strategic needs of the local housing market, including family and affordable housing - This will demonstrably support and secure the current and future vitality of the village;

 Amenity space - The landscape led design approach provides a considerable amount of open space, including the creation of a Locally Equipped Area of Play and areas of amenity green space and infrastructure.  The retention of existing trees and hedgerows on site boundaries – The proposals are based around the existing landscape features of the site, and seek to integrate them successfully into the overall design. Where hedgerows are to be lost, significant compensatory hedgerow planting is proposed. The proposals have the potential to result in an overall net benefit to biodiversity on the site;

 Create an accessible site with pedestrian links - retaining public footpaths and creating new pedestrian links through the site, linking it to Holt centre and surrounding area;

 Provide satisfactory access with minimal traffic impact - The access meets all required visibility splays and safety requirements and the anticipated level of traffic increase associated with the development proposals would be unlikely to have a material impact upon the local highway network; and

 Economic Benefits – The proposals will deliver increased Council Tax revenue and receipts of New Homes Bonus payments to further invest back into the

9 Melksham Road, Holt Gladman - Rule 6 Statement of Case

community, along with other tangible economic benefits that will benefit the community of Holt and Wiltshire.

Conclusions

XXXV. The Appeal proposals will make an important contribution to meeting the shortfall in the delivery of market and affordable housing. This is an important material consideration to which significant weight should be attached.

XXXVI. The presumption in favour of sustainable development set out in national planning guidance confirms that in circumstances where there is no deliverable five year supply, the policies of the Development Plan for the supply of housing are out of date and the decision‐taking test in §14 of the Framework applies.

XXXVII. In the absence of any significant and demonstrable harm capable of outweighing the benefits, the presumption in favour of sustainable development is engaged which confirms that development should be approved ‘without delay’.

10 Melksham Road, Holt Gladman - Rule 6 Statement of Case

2 COUNCIL’S REASONS FOR REFUSAL

2.1 Introduction

2.1.1 On the 10th April 2015, the Council gave notice of their refusal of the application. The application was refused under Delegated Powers and there are six reasons for refusal.

2.2 Reason 1 and 2

1. “The site is located in open countryside outside the limits of development defined for Holt in the Wiltshire Core Strategy. The proposal would therefore conflict with Core Policies 1, 2, 7 and 48 of the Wiltshire Core Strategy (Adopted January 2015) which seeks to properly plan for sustainable development of housing sites in Wiltshire”

2. “The proposal conflicts with the Council's plan-led approach to the delivery of new housing sites outside of the identified Limits of Development, as set out in Core Policy 2 of the Wiltshire Core Strategy which seeks to provide new housing sites to deliver the identified needs in a community area through a Site Allocation DPD and/or Neighbourhood plan. This strategy is supported by the Wiltshire Core Strategy Inspector and the Secretary of State in several appeal decisions and the site has not been brought forward through either of these processes.”

2.2.1 The Core Strategy Policy CP1 provides the settlement strategy which identifies four tiers of settlements. Holt is identified as a Large Village, where it is provided sustainable development will take place to help meet the housing needs of settlements and to improve employment opportunities, services and facilities.

2.2.2 Wiltshire Council have committed to reviewing settlement boundaries through undertaking a Site Allocations DPD alongside a number of Neighbourhood Plans. With reference to NPPF paragraph 216, weight should only be given to policies according to the stage of preparation, the extent to which there are unresolved objections and the degree of consistency with the policies in the NPPF. Currently, both the emerging Site Allocations DPD and Holt Neighbourhood Plan can only be attributed limited weight.

2.2.3 It is acknowledged that the appeal proposals constitute a departure to Core Strategy Policy CP2, owing to the fact the proposals are located outside the existing development limits in the open countryside and have not been allocated through either the Site Allocations DPD or Neighbourhood Plan. However, in the circumstances that North and West Wiltshire HMA cannot demonstrate an adequate supply of housing, Policy CP2 is deemed out of date and should not be decisive in respect of the appeal proposals.

11 Melksham Road, Holt Gladman - Rule 6 Statement of Case

2.2.4 Under Core Policy 7, Holt is included within the Bradford-on-Avon Community Area (CA), where it is provided that 780 dwellings will be delivered over the Plan period (2006-2026). The distribution is split between Bradford-on-Avon and the ‘remainder’ which includes: Holt, Winsley, Limpley Stoke, Monkton Farleigh, Staverton, Wingfield and Westwood.

2.2.5 Core Policy 7 must however be read in accordance with the provisions set out earlier in Core Policy 2, which provides that CA requirements are flexible and provide only an indicative approach which should not restrain Wiltshire’s ability to maintain a five year housing land supply and achieve the objectives of the Plan. Consequently, it is not the intention of the Core Strategy, to preclude housing development based on Community Area requirements. Whilst the Community Area requirements from Bradford-on-Avon CA are close to being achieved, additional housing development in Holt can help support the housing needs of other Community Area’s in North and West Wiltshire HMA, such as Melksham or Trowbridge.

2.2.6 Holt, save for its western boundary, is the only settlement within the Bradford-on-Avon Community Area which is not contained by either Green Belt or AONB. Holt is therefore a settlement where additional housing would be appropriate in principle.

2.2.7 For Holt, no strategic allocations are currently contained in Core Policy 7. However, the Core Strategy retains West Wiltshire District Local Plan Policy CF41 (Holt Area of Opportunity) where it is provided that the Tannery Site represents a suitable location for mixed-use development. However, to date this ‘Area of Opportunity’ has not come forward since its allocation in June 2004. There has been no application put forward for the site and there is no timetable available for its delivery.

2.2.8 Whilst the Tannery Redevelopment proposals could have the potential to come forward within the plan period, in the interim, it is important to allow sustainable developments such as the Appeal proposal to come forward in order to help remedy North and West Wiltshire’s housing land supply position, meet the Objectively Assessed Needs of Wiltshire and maintain the minimum five year rolling supply.

2.2.9 Core Policy 48 relates to dwellings required to meet the employment needs of rural areas. The supporting text to CP48 provides that residential development will not normally be permitted in the countryside unless it meets the requirements of Core Policy 44 (rural exception sites). However, CP44 relates to the settlement boundaries contained in Core Policy 1, which are to be regarded as out-of-date as they have been carried forward from the former District Plans and do not plan positively to meet housing provision beyond 2011. Until settlement boundaries have been reviewed by Wiltshire Council, the provisions set out in Core Policy 44 are also to be regarded as out-of-date. The appeal proposals comply with the remaining relevant sections of CP48 which relates to housing required to meet the

12 Melksham Road, Holt Gladman - Rule 6 Statement of Case

employment needs of rural areas, through providing housing to local people who currently live and work in Holt and its surrounding rural hinterland.

2.2.10 In the absence of North West Wiltshire HMA being able to demonstrate a five year housing land supply, the Appellant will adduce evidence to demonstrate that the in accordance with Paragraph 14 of the Framework, there are no material adverse impacts arising from the appeal proposals, which would significantly and demonstrably outweigh the benefits the development will deliver. There are no specific policies of the Framework which would either preclude or restrict the development and in the circumstances, the Framework directs that planning permission should be granted.

2.2.11 Reading the Development Plan as a whole, the minor policy conflict with CP2 does not outweigh the significant benefits which arise a as a result of the appeal proposals.

2.3 Reason 3

3. “The proposal would have an adverse impact on the character and appearance of the area by significantly expanding the built-up area of the settlement into the surrounding rural landscape. This would be highly visible, particularly from viewpoints to the north and south, and would conflict with a core principle of the NPPF to take account of the intrinsic character and beauty of the countryside and with policy CP51 of the Wiltshire Core Strategy.”

2.3.1 Evidence will be adduced to demonstrate the site has a clear visual relationship with the eastern edge of Holt and is well-contained visually to the east and south by established field boundary vegetation.

2.3.2 In accordance with CP51, the existing landscape features on-site, consisting of field boundary and hedgerow trees will largely be retained and enhanced through filling existing gaps and new hedgerow tree planting.

2.3.3 It will be demonstrated that the landscape and visual impacts arising from the development of the appeal site will not adversely affect the overall landscape character and that visual impacts are limited to local views, largely confined to residential properties adjoining Great Parks and users of the public right of way which runs to the south east of the site. Evidence will be adduced to demonstrate that any visual harms identified would not significantly and demonstrably outweigh the benefits of the scheme.

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2.4 Reason 4

4. “The proposal by reason of the inadequate conflicting information in regard to facilitating a robust assessment of surface water drainage and flood risk assessment are contrary to policies CP 3 and CP 67 of the Wiltshire Core Strategy (Adopted January 2015) and the National Planning Policy Framework 2012.”

2.4.1 The Council’s Drainage Engineer has raised a number of concerns regarding the current Flood Risk Assessment submitted with the application, stating that at present, there is currently insufficient information to assess the surface water drainage implications of the development.

2.4.2 The Appellant will provide the Council with further information to demonstrate that proposals for surface water drainage can be successfully implemented.

2.4.3 Subject to further discussion between the Appellant and the Council’s Drainage Officer, the Appellant will provide evidence to demonstrate drainage arrangements pertaining to the appeal proposals can be dealt with by way of planning conditions.

2.5 Reason 5

5. “There is not enough evidence to support the conclusions in the Desk-Based Assessment carried out at the site. Further evaluation is necessary which has not been supplied to date of determination. The Council is therefore unable to properly assess the impact on any potential archaeological remains on the site which would be contrary to paragraph 128 of the NPPF.”

2.5.1 The Council’s Archaeological Officer issued an objection to the application stating that there is currently not enough evidence to support the conclusions in the Desk-Based Assessment and it is therefore considered that further evaluation is necessary before determination of the application.

2.5.2 The Appellant has since undertaken a Geo-physical survey which was submitted to Wiltshire Council on the 8th May 2015. The survey has not identified any features of archaeological origin.

2.5.3 Subject to further discussion between the Appellant and the Council’s Archaeological Officer, the Appellant will provide evidence to demonstrate that an appropriately worded condition could be imposed to accommodate the archaeological interest of the site.

14 Melksham Road, Holt Gladman - Rule 6 Statement of Case

2.6 Reason 6

6. “The proposal does not provide for the delivery of the necessary infrastructure (e.g. affordable housing, education provision, open space, recreation and cemetery provision) required to mitigate the direct impacts of the development and fails to comply with Core Policy 3 of the Wiltshire Core Strategy, Policy LP4 of the West Wiltshire Leisure and Recreation DPD (February 2009), Regulation 122 of the Community Infrastructure Levy Regulations 2010 and paragraph 204 of the National Planning Policy Framework”

Impacts on Existing Infrastructure

2.6.1 The Appellant will agree to make provision through s.106 Agreement, contributions towards identified infrastructure needs. The Council has sought contributions for education, off-site open space, recreation and cemetery provision which are subject to further discussion and agreement, subject to meeting the statutory tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010.

2.6.2 Subject to the agreement of an s106 obligation to secure affordable housing and financial contributions, Reason for Refusal 6 can be removed.

15 Melksham Road, Holt Gladman - Rule 6 Statement of Case

3 PLANNING CONDITIONS & SECTION 106 OBLIGATIONS

3.1 Planning Conditions

3.1.1 For completeness, a draft list of Planning Conditions is contained at Appendix 2. These will be considered further in the Statement of Common Ground and through discussion with the LPA.

3.2 Section 106 Obligations

3.2.1 The Appellant will provide any necessary planning obligations where clear evidence demonstrates that any such obligation meet the relevant the tests, set out in Regulation 122 of the CIL Regulations.

3.2.2 A ‘Draft’ S.106 Obligation document is being prepared and will be subject to further discussion and agreement, wherever possible, with the Local Planning Authority. This will be provided to the Inspector as soon as possible or within 10 days of the commencement of the appeal in accordance with PINS guidance.

3.3 CIL

3.3.1 The Community Infrastructure Levey (CIL) Charging Schedule was adopted by Wiltshire Council on the 12th May 2015.

3.3.2 The Appeal Site is located in the Bradford-on-Avon Community Area where Charging Zone 1 is applicable, and proposals for residential development will be subject to a £85/sq m charge.

3.3.3 Should the appeal be allowed, the CIL charge at this level would be payable. The s106 obligation will include an appropriate clause to prevent double recovery.

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Appendix 1 –Proposed Core Documents List

17 

 Melksham Road, Holt Gladman - Rule 6 Statement of Case

Appendix 2 – Draft List of Planning Conditions

18

Gladman Developments Ltd - Planning Conditions

Melksham Road, Holt

PLANNING PERMISSION OUTLINE – APPROVAL OF DETAILS

1. Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

2. The development hereby permitted shall comprise no more than 98 dwellings.

3. The development hereby permitted shall be carried out in general accordance with the details shown on the submitted Development Framework Plan, drawing numbers [GLAU3002/3001].

PLANNING PERMISSION OUTLINE – TIMIMG OF IMPLEMENTATION

4. Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission.

5. The development hereby permitted shall be begun either before the expiration of;

(a) three years from the date of this permission, or (b) two years from the date of approval of the last of the reserved matters to be approved.

whichever is the later.

PLANNING PERMISSION OUTLINE – PHASING

6. Prior to commencement of development a scheme outlining the phasing of development, including a site layout plan identifying land uses such as formal and informal open space and infrastructure, shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved phasing scheme.

PLANNING PERMISSION OUTLINE – LANDSCAPING

7. The reserved matters application for landscaping shall be accompanied by a detailed Landscape Masterplan and Strategy to

demonstrate that the landscaping proposals have taken account of and been informed by the existing landscape characteristics of the site and by any loss of existing vegetation on the site.

PLANNING PERMISSION OUTLINE – ARCHAEOLOGY

8. No development shall take place within the application site until a written scheme of archaeological investigation including the methodology of further investigation works and a programme for the works to be undertaken has been submitted to and approved in writing by the Local Planning Authority. Thereafter the scheme shall be implemented in accordance with the agreed methodology and programme.

PLANNING PERMISSION OUTLINE – AFFORDABLE HOUSING

9. The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it. The scheme shall include:

I. the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 40% of housing units;

II. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

III. the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved) ;

IV. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

V. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

PLANNING PERMISSION OUTLINE – CONSTRUCTION METHOD STATEMENT

10. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

I. the hours of work

II. the parking of vehicles of site operatives and visitors III. loading and unloading of plant and materials

IV. storage of plant and materials used in constructing the development

V. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

VI. wheel washing facilities

VII. measures to control the emission of dust and dirt during construction

VIII. a scheme for recycling/disposing of waste resulting from demolition and construction works

PLANNING PERMISSION OUTLINE – SUSTAINABLE DRAINAGE

11. No development shall take place until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include:

I. a timetable for its implementation, and

II. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

PLANNING PERMISSION OUTLINE – GROUND CONDITIONS

12. No part of the development hereby permitted shall be commenced on site unless and until:

a) a site investigation has been designed for the site using the information obtained from the desktop investigation previously submitted in respect of contamination. This shall be submitted to and approved in writing by the Local Planning Authority prior to the investigation being carried out on the site; and

b) the site investigation and associated risk assessment have been undertaken in accordance with details submitted to and approved in writing by the Local Planning Authority; and

c) a method statement and remediation strategy, based on the information obtained from ‘b’ above, including a programme of works, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved remediation strategy.

PLANNING PERMISSION OUTLINE – HIGHWAYS & TRANSPORT

13. Access to and within the development will be implemented in accordance with the submitted Access Plans (Drawing Number C14416 / 001).

14. No dwelling in the development hereby approved shall be occupied until a travel plan based on the Framework Travel Plan has been submitted to and approved in writing by the local planning authority. The Travel Plan shall include the objectives, targets, mechanisms and measures to achieve the targets, implementation timescales, provision for monitoring, and arrangements for a Travel Plan co-ordinator, who shall be in place until 5 years after the completion of the final phase of development. The approved plan shall be audited and updated and submitted for the approval of the local planning authority at intervals no longer than 18 months. The measures contained within the approved plan and any approved modifications shall be carried out in full.

PLANNING PERMISSION OUTLINE – BIODIVERSITY

15. Before development commences detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds (including swifts and house sparrows) and roosting bats, including a timetable for implementation, have been submitted to and approved in writing by the local planning authority. The proposals shall be installed in accordance with the approved details and timetable and retained thereafter.

16. Before any development or other operations commence, and within one month of the planned commencement of works, an assessment of the trees on the site for bat roosts shall be undertaken by a licensed bat ecologist. A copy of the assessment report shall be submitted to the Local Planning Authority and any necessary mitigation plan shall be agreed, implemented and if necessary maintained in consultation with Natural England and confirmed in writing by the Local Planning Authority.

17. No tree/shrub clearance works shall be carried out on the site between 1st March and 31st August inclusive, unless the site is surveyed beforehand for breeding birds and a scheme to protect breeding birds is submitted to and approved in writing by the local planning authority. If such a scheme is submitted and approved the development shall thereafter only be carried out in accordance with the approved scheme.

Melksham Road, Holt Gladman - Rule 6 Statement of Case

Appendix 3 – Justification for the Inquiry Procedure

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