Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ
Wiltshire Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 21 January 2025
- Authority
- Wiltshire Council
- Inspector
- McDonald K
- Procedure
- Hearing
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Major dwellings
- Appellant
- Westbury LVA LLP
- LPA reference
- PL/2021/03749
- ONS LPA code
- E06000054
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 23 August 2024
Summary AI
The appeal was allowed due to the 'tilted balance' in the Framework and the Council's housing land supply position. The proposal would provide a residential development with up to 145 homes, community orchard, children's play areas, tree planting, habitat creation, and ecology buffers, which would meet the need for housing in the area. The development would also provide a range of benefits, including biodiversity net gain, public open space, a community orchard, and a night time bus service.
PDF text
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Hearing held on 21 November 2024 Site visit made on 21 November 2024 by Katie McDonald MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 21 January 2025 Appeal Ref: APP/Y3940/W/24/3345598 Land at Glenmore Farm, The Ham/Hawkeridge Road, Westbury BA13 4HQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Westbury LVA LLP against the decision of Wiltshire Council. • The application Ref is PL/2021/03749. • The development proposed is residential development (use class C3) for up to 145 homes, community orchard, children’s play areas (LEAP), tree planting, habitat creation and ecology buffers and mitigation; site drainage and associated infrastructure. All matters reserved except for access. Decision 1. The appeal is allowed and planning permission is granted for a residential development (use class C3) for up to 145 homes, community orchard, children’s play areas (LEAP), tree planting, habitat creation and ecology buffers and mitigation; site drainage and associated infrastructure.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision All matters reserved except for access at Land at Glenmore Farm, The Ham/Hawkeridge Road, Westbury BA13 4HQ in accordance with the terms of the application, Ref PL/2021/03749, subject to the conditions in the attached Schedule. Preliminary Matters 2. The appeal is for outline planning permission with access only. However, 3 parameters plans show the location for development, open space and building heights. These would be subject to a condition to adhere to in any future reserved matters. Additionally, an illustrative masterplan shows a potential layout, but this is for indicative purposes only. 3. A finalised Section 106 planning obligation agreement was discussed at the Hearing and 4 signed counterparts were submitted, dated 12 December 2024. Certified copies were received on 16 January 2025. 4. An agreed Statement of Common Ground was submitted before the Hearing, which set out that the Council no longer wished to defend the appeal due to a change in the housing land supply position. 5. An Ecology Briefing Note was submitted prior to the Hearing, which updated the ecology position given the surveys were over 2 years old.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision This included a site visit by a qualified ecologist, and I am satisfied that the ecological evidence is sufficient to determine the appeal. 6. The National Planning Policy Framework (the Framework) was updated on 12 December 2024. The appellant and Council were provided with the opportunity https://www.gov.uk/planning-inspectorate
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision This included a site visit by a qualified ecologist, and I am satisfied that the ecological evidence is sufficient to determine the appeal. 6. The National Planning Policy Framework (the Framework) was updated on 12 December 2024. The appellant and Council were provided with the opportunity https://www.gov.uk/planning-inspectorate
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3345598 to comment. The Council confirmed that the effect of the revised Framework means that the Council can now only demonstrate 2.03 years supply of housing instead of the previously agreed 3.46 years. However, it maintained concerns over deliverability in 5 years. The appellant provided a reply in relation to deliverability concerns, which I have had regard to. 7. The Council has submitted the Wiltshire Local Plan for Examination. However, given no hearings have taken place yet, it is of limited weight. Main Issue 8. This is whether the site is suitable for the proposed development, having regard to the Council’s settlement strategy. Reasons Site and surroundings 9. The site lies to the north west of The Ham and west of Hawkeridge Road, situated to the north west of Westbury. It comprises agricultural fields associated with Glenmore Farm. The site is adjacent to existing residential development to the west and south, which forms the settlement edge of Westbury, with a trading estate located north. 10. The proposal is for a residential development of up to 145 dwellings.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision The parameters plans indicate that these would be located on the southern part of the site, leaving the northern part for amenity and open space, acting as buffers for both ecological and noise reasons. Whether the site is suitable for the proposed development 11. Core Policy 1 of the Wiltshire Core Strategy (January 2015) (CS) sets out the spatial strategy for development in the area, identifying the settlements in a hierarchy where sustainable development will take place. Westbury is identified as a Market Town, meaning it can support sustainable patterns of living in Wiltshire through its current levels of facilities, services and employment opportunities. Market Towns have the potential for significant development that will increase the jobs and homes in each town to help sustain, and where necessary, enhance their services and facilities and promote better levels of self-containment and viable sustainable communities. 12. CS Core Policy 2 sets out the delivery strategy and requires that at least 42,000 additional homes are built in Wiltshire between 2006 and 2026. This is disaggregated into 3 Housing Market Areas (HMAs). Westbury is in the North and West HMA, with a requirement of 24,740 homes.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision The CS splits Wiltshire into several Community Areas, with Westbury Community Area, under Core Policy 32, being given its own minimum housing requirement. 13. CS Core Policy 2 sets out that development will not be permitted outside the development limits unless in circumstances permitted by other policies. The proposal does not meet any of the other circumstances and the proposal’s location outside the development limits of Westbury is contrary to CS Core Policy 2 and interrelated to this, would conflict with Core Policies 1 and 32. Thus, there would be an in-principle policy harm owing to the conflict with the settlement strategy set out in CS Core Policies 1, 2 and 32. https://www.gov.uk/planning-inspectorate 2
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision The CS splits Wiltshire into several Community Areas, with Westbury Community Area, under Core Policy 32, being given its own minimum housing requirement. 13. CS Core Policy 2 sets out that development will not be permitted outside the development limits unless in circumstances permitted by other policies. The proposal does not meet any of the other circumstances and the proposal’s location outside the development limits of Westbury is contrary to CS Core Policy 2 and interrelated to this, would conflict with Core Policies 1 and 32. Thus, there would be an in-principle policy harm owing to the conflict with the settlement strategy set out in CS Core Policies 1, 2 and 32. https://www.gov.uk/planning-inspectorate 2
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3345598 Other Matters Active and sustainable modes of travel 14. The site is located on the settlement edge of Westbury, and is sufficiently close to the services and facilities that this market town provides. The planning obligation would provide a commuted sum towards a night time bus service, and there are bus stops close to the site access. The bus stops would also be upgraded, with shelters and raised height pedestrian access kerbing [condition 18]. 15. Additionally, there is an existing pedestrian footway along the front of the site, which, using best endeavours1, would be widened. However, the existing footway would offer suitable walking links if the wider footpath could not be secured. A 3m wide cycle link would be provided through the site [condition 5], exiting at the northern corner and continuing up along the main road to provide access to the trading estate. 16. Cycling would be an option to commute to the town centre, railway station and other recommended cycle routes, given the terrain is mostly flat.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Additionally, each dwelling would be fitted with an electrical vehicle charging point, along with a public charging point, which would be required via a condition [condition 15]. This means that future owners would be encouraged to own ultra low and zero emission vehicles, which represents a sustainable transport mode in the Framework. A Full Travel Plan would also be necessary to provide future residents with sustainable transport options [condition 17], which follows the principles of the Framework Travel Plan, which details measures to reduce car usage and increase sustainable transport modes. 17. Overall, the location of development is likely to result in future residents relying on a private car for some journeys. However, there are realistic means of accessing services and facilities using sustainable travel modes. Thus, the proposal would be in a suitable location. Safe and suitable access 18. Despite the concerns raised by local residents, the evidence before me relating to the off site highway works would be an improvement to the existing situation. The speed limit would be decreased outside the site, which is provided for in the s106.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Visibility splays would be appropriate, and suitable crossing facilities would be provided. Additionally, there is the cycle link proposed at the northern edge of the site and the closure of an existing unsafe access point. The works proposed have been subjected to stage 1 and 2 road safety audits and the Council confirmed that they would be acceptable. These off site works, visibility splays and access would be subjected to planning conditions [5, 12 and 19], or obligations in the s106. 19. An emergency access was not considered to be necessary by the Council’s highways team, and the data presented is robust and accurate. I have no reason to doubt the evidence before me, and for these reasons, the proposal would provide safe and suitable access for future residents. 1 In the planning obligation https://www.gov.uk/planning-inspectorate 3
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3345598 Living conditions for future residents 20. Residents and the Parish Council raised concerns about the proposed footpath link to the small play area off Hawkeridge Park. Whilst layout is not proposed, pedestrian access from the site to this play area should be encouraged. This would enable suitable pedestrian links to existing and future development. It would also promote legibility and community cohesion. 21. Furthermore, despite claims that it is closed for winter months, I heard that it had not been closed for last winter or this winter, and I do not see this as a barrier to providing access through this play area and onto Hawkeridge Park. It would also provide access for existing residents through to the proposal, to access public open space, other play areas and the trading estate. Claims that the Parish Council would not grant access seems perverse when these future residents would be part of the community. 22. The indicative layout has been designed to ensure that living conditions for future residents would be suitable, in specific relation to noise from the nearby trading estate, nightclub and traffic. This is through embedded mitigation and a suitable layout.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision The Council’s Public Protection team have not raised objections, subject to planning conditions, that would control internal and external noise levels. These would ensure that windows in habitable rooms could be opened and would not rely on mechanical ventilation. This would be necessary to ensure suitable future living conditions, and based on the evidence before me, this would be secured [conditions 13 and 14]. 23. Claims of odour from a nearby resource recovery centre were raised. That site is subjected to a permit from the Environment Agency and odour is regulated through the agency. The site is further away from the source than existing dwellings, and although future residents may be subjected to unpleasant odours from time to time, this would not lead to unacceptable future living conditions. Drainage 24. Foul water from the site would drain into the existing sewers. Surface water would be split into separate discharge points, prior to discharge into the water course, with an attenuation basin on site. The appellant detailed at the Hearing that this was subject to a riparian agreement, which involved no third party landowners.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision The Local Lead Flood Authority raised no objections, and I am satisfied that the site would not result in any increased flood risk, subject to conditions [conditions 10 and 11]. Biodiversity 25. The scheme has been designed with biodiversity and ecology as a driving priority. There are significant ecological buffers provided around the site, which would provide habitats and bat mitigation, along with enhancements and biodiversity net gain (BNG). Evidence of a district level licence for great crested newts was presented and the proposal, with its embedded mitigation, would have no adverse effect upon any other protected species, such that no other licenses would be necessary. 26. Salisbury Plain Special Protection Area (SPA) - The site lies within the 6.4km buffer zone of the SPA. The qualifying feature of the SPA is the stone curlew population, and likely significant effects (LSE) would arise from all residential https://www.gov.uk/planning-inspectorate 4
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3345598 development within 6.4km of the SPA, due to increased recreational pressure from visitors. This would include the proposal. 27. The Council, as Competent Authority in the first instance, has a Habitats Regulations Assessment (HRA) for the CS and a HRA for the Wiltshire Housing Site Allocations Plan. Within this, the Appropriate Assessment (AA) looks to mitigate the LSE through annual stone curlew and visitor monitoring. The AA reached a conclusion that housing growth would not have an adverse effect on the integrity of the Salisbury Plain SPA, either alone or in-combination with other plans and projects, provided that the mitigation scheme continues to be implemented. This is secured by the Council through its Community Infrastructure Levy (CIL) and would include a receipt from this development. 28. Nonetheless, the proposal would be unplanned development, and could contribute to an effect not mitigated for by the Council’s HRAs. However, given the scale of development in comparison to the size of the buffer zone, this effect would be minimal. Additionally, the scale of public open space on site would absorb a significant amount of everyday recreational activity by new residents.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Therefore, I am satisfied that with the mitigation from the CIL payment, and the amount of onsite public open space, the scheme would not adversely affect the integrity of the Salisbury Plain SPA. 29. Bath and Bradford on Avon Special Area of Conservation (SAC) - The site lies within the zone of medium risk for the SAC. The qualifying features are 3 bats, Bechstein’s bat (Myotis bechsteinii), Greater horseshoe bat (Rhinolophus ferrumequinum) and Lesser horseshoe bat (Rhinolophus hipposideros), with the conservation objectives being to ensure the integrity of the site is maintained or restored, to ensure favourable conservation status of the qualifying features. LSE effects would arise from increased recreational pressure at woodlands used by Bechstein’s bat for breeding and loss or damage to bat habitats. Natural England also identified that in the Trowbridge area, there is a need to maintain the presence, structure and quality of any linear landscape features which function as flightlines. These should remain unlit, operating as dark corridors. 30. Additionally, the site is located between Round Wood (approx. 2km) and Pickett and Clanger Woods (approx.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision 1.5 km), both of which are easily accessible by public footpaths and road. These woods are publicly accessible and each support a colony of Bechstein’s bats which together are believed to form a meta population of national importance. 31. The proposal would lead to LSE, both in terms of habitat loss on site and by recreational pressure placed upon nearby habitats and woodlands by new residents of the development. This would be an in-combination effect. 32. However, the open space parameters plan, illustrative masterplan and the ecology evidence details a significant buffer of more than 100m to the northern hedgerow, which would be maintained as high quality semi-natural greenspace, of value to the qualifying features. All core bat habitat would also be buffered from development by at least a 22.5m corridor of natural habitat. The central hedge would be retained, there would be significant native tree and scrub planting, an orchard, new hedgerows and other species specific mitigation. Additionally, an ‘alternative space for recreation’ would be proposed in the northern half of the site to encourage residents to walk and or exercise dogs on-site. Resident’s packs are also to be provided.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3345598 33. Providing that these measures are subject to conditions, such as construction environmental management plan, a landscape and ecology management plan, and external lighting [conditions 7, 12 and 16], the proposed mitigation would ensure that the proposal would not adversely affect the integrity of the SAC through any habitat loss on site. 34. The Trowbridge Bat Mitigation Strategy (TBMS) outlines a strategy to mitigate increased recreational pressure on the bats. This applies to the site and seeks contributions to purchase, plant up and maintain an amount of habitat. This would mitigate the residual effects of increased recreational pressure from new residents upon nearby habitats and woodlands. The planning obligation commits to the payment of this sum per dwelling. Thus, with the mitigation proposed, the potential adverse effect would be avoided, and the integrity of the SAC would not be adversely affected. 35. Picket and Clanger Woods Site of Special Scientific Interest (SSSI) – Special interests of the SSSI are the floristically-rich ancient woodland, supporting an outstanding range of butterfly and moth species, and woodland birds such as nightingale.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision A range of small mammal species and common lizard have been recorded and as detailed above, it is known to support significant populations of Bechstein’s bat. 36. The proposal would result in increased recreational impacts on the SSSI from new residents. The TBMS requirement would not mitigate the impacts on the wider SSSI, and the Council detail that parts of the SSSI are in an unfavourable and recovering status. Therefore, a bespoke recreational mitigation strategy would be necessary, that would contribute a monetary sum to assist with the management of increased recreational pressure. This is provided for in the planning obligation. With this mitigation, the special interests of the SSSI would not be adversely affected. Planning obligation 37. In addition to those identified above, the planning obligation would also provide: • an early years contribution towards the funding of 17 pre-school places. • 40% affordable housing, split 60% affordable rent and 40% intermediate houses, with 10% adapted units. • Waste and recycling contribution towards the provision of containers. • Leisure contribution towards off site sports provision. • Monitoring fee 38.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Based on the evidence before me, all the obligations would be necessary to make the development acceptable; directly related to the development; and fairly and reasonably related in scale and kind to the development. This would be compliant with the tests in the Framework and the CIL Regulations. 39. Additional infrastructure, such as contributions towards doctors’ and dentists’ surgeries was raised by interested parties. However, there is simply no evidence before me that seeking obligations would comply with the Framework and CIL tests, despite the various assertions about appointment wait times and overstretched services. Additionally, the Local Education Authority did not require any contributions towards secondary or primary education places, nor did the Highway’s Authority necessitate any contribution towards strengthening the rail underbridge on Station Road. https://www.gov.uk/planning-inspectorate 6
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3345598 Planning balance 40. The location of the proposal outside the ‘limits of development’ would conflict with the development plan as a whole. However, the Council does not have a 5 year supply of housing land and there is a significant shortfall of affordable housing. Thus, Footnote 8 of Framework Paragraph 11 details that policies for applications involving the provision of housing are considered out of date. There are no policies that would indicate a strong reason for refusal and thus the ‘tilted balance’ of 11 d) ii would apply. 41. Aside from the emerging Local Plan, which has only just been submitted for Examination, there is no other obvious remedy to the shortfall in the short or medium term. This overall position indicates that the development plan is failing to meet its strategic challenges. Thus, its settlement strategy and limits of development are not working effectively. These policies are therefore of limited weight, as is the conflict with them. 42. The delivery of market and affordable housing is of substantial weight in favour.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Additionally, there would be biodiversity net gain, public open space, a community orchard, creation of jobs during construction, increased local spending, provision of night time bus service and off site highway improvements. These all weigh in favour and many would benefit the wider community. Aside from the marginal loss of best and most versatile agricultural land, which would be of little weight, there are also no technical reasons that would result in any harm. I have no reason to doubt that the dwellings would not start to be delivered in the next 5 years, especially considering the extensive indicative layout that has been provided to ensure suitable future living conditions. 43. Consequently, the adverse impact of granting planning permission would not significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. This is having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, all of which the proposal would provide. As such, the material considerations indicate a decision other than in accordance with the development plan.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Conditions 44. In addition to the conditions above, which would be necessary to make the development acceptable, the plans (including broad accordance with the parameter plans), dwelling numbers, phasing plan and provision of public open space are listed for certainty [condition 4]. 45. The dwellings would be built sustainably, including reductions in energy use and emissions and efficient water use, as detailed in chapter 7 of the Design and Access Statement. This would be necessary to ensure the prudent use of natural resources, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy [conditions 6 and 9]. A condition for archaeological investigations would be necessary to ensure that any matters of archaeological interest are correctly recorded [condition 8]. https://www.gov.uk/planning-inspectorate 7
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3345598 46. Closure of the existing access to Glenmore Farm would be necessary in the interests of highway safety [condition 19]. The Council requested that this was within 3 months of the commencement of development. However, this would be an unreasonable time scale. The access is open now and can be used freely, and whilst it would be necessary to ensure it is closed as soon as practically possible, I see no specific reason to require it to be closed until the development is nearing completion, to ensure its closure can be properly phased into the development as it is built out. 47. The suggested Travel Plan condition [condition 17] has been amended to remove the requirement for the employment of a Travel Plan Co-Ordinator as this would go beyond the realms of a condition. However, I have required details of who has responsibility for monitoring compliance and the means of securing that future monitoring and management arrangements of the travel plan, along with the length of time and frequency. Conclusion 48. For the reasons set out above, the appeal is allowed.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/Y3940/W/24/3345598 APPEARANCES | For the Local Planning Authority: | | | --- | --- | | Gen Collins LLB(Hons) MA MRTPI | Principal Planning Officer, Wiltshire Council | | Mark Wiltshire MIHE | Transport and Highways Manager, Wiltshire Council | | For the appellants: | | | Alan Williams BSC MPLAN MRTPI | Director, Grass Roots Planning | | Matthew McShan | Associate Partner, LVA | | Mubassir Malik MEng (Hons) MIOA | Associate Acoustician, Stantec | | Interested parties | | | Suzanne Wycombe | Ethandune Ward Cllr | | David Jenkins | Heywood Parish Cllr | | John Masson | Heywood Parish Chairperson | | Francis Morland | Heywood Parish Cllr | HEARING DOCUMENTS
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald HEARING DOCUMENTS | HD1 | Public Protection comments | | --- | --- | | HD2 | Travel Plan condition | | HD3 | Finalised Unilateral Undertaking dated 12 December 2024 |
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald | HD1 | Public Protection comments | | --- | --- | | HD2 | Travel Plan condition | | HD3 | Finalised Unilateral Undertaking dated 12 December 2024 | SCHEDULE OF CONDITIONS 1) The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission. 3) Details of the appearance, landscaping, layout, and scale, "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. 4) The development hereby permitted shall make provision for the following: a) Up to 145 dwellings; b) Public open space to be sited, laid-out and equipped in accordance with the West Wiltshire Leisure and Recreation DPD (or any subsequent replacement DPD); and to include at least 4,106 square metre (sqm) of general public open space and at least 171 sqm of equipped play space. https://www.gov.uk/planning-inspectorate 9
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald Appeal Decision APP/Y3940/W/24/3345598 The layout and scale shall be broadly in accordance with the following plans – • Dwg Ref: 191119L 02 01 J (Illustrative Masterplan) dated 06/22 • Dwg Ref: 191119 PP 01 (Building Height Parameter Plan) dated 11/22 • Dwg Ref: 191119 PP 04 Rev A (Areas Parameter Plan) dated 11/22 • Dwg Ref: 191119 PP 02 (Open Space Parameter Plan) dated 11/22 • Doc Ref: 191119 R 02 01 D (Design & Access Statement) dated 07/22 • Doc Ref: 4712_01E_EcIA Ecological Impact Assessment Prior to commencement of the development, a programme, or phasing plan, for the delivery and completion of the dwellings and the public open space(s) shall be first submitted to, and approved in writing by, the local planning authority. The dwellings and the public open space(s) shall then be delivered and completed in accordance with the approved programme. 5) The ‘means of access’ to the site and the off-site highways works shall be provided in accordance with the following drawing – • Dwg Ref: 4403-532 D (Proposed Site Access Layout) dated 17/08/23 In addition, the final layout shall include a 3 metre wide shared-use cycleway within the application site, as indicated at note 7 on illustrative Masterplan 191119L/02/01/J.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald Prior to commencement of the development, a programme for the delivery and completion of the means of access, the off-site highways works and the shared-use cycleway shall be first submitted to, and approved in writing by, the local planning authority. The means of access to the site, the off-site highways works and the shared-use cycle way shall then be delivered and completed in accordance with the approved programme. All visibility splays shown on Dwg Ref: 4403-532 D (Proposed Site Access Layout) dated 17/08/23 shall be provided prior to first use of the new means of access to the site from The Ham by any vehicle other than any vehicle connected with the initial construction of this access. The visibility splays shall thereafter be retained clear of any obstructions to visibility in perpetuity. 6) Application/s for the approval of the reserved matters shall be in accordance with section 4.7 of the approved Design and Access Statement (Dwg Ref: 191119 R 02 01 D) regarding sustainability. A Sustainability Statement shall be submitted with each reserved matters application which demonstrates this, and the development shall be implemented in accordance with the Sustainability Statement.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald 7) Prior to the start of construction ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the local planning authority. The LEMP will detail long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development (other than small, privately owned, domestic gardens) including, but not exclusively: Wildlife ponds and wetland for SUDS, Floodplain Wetland Mosaic (wet https://www.gov.uk/planning-inspectorate 10
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald 7) Prior to the start of construction ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the local planning authority. The LEMP will detail long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development (other than small, privately owned, domestic gardens) including, but not exclusively: Wildlife ponds and wetland for SUDS, Floodplain Wetland Mosaic (wet https://www.gov.uk/planning-inspectorate 10
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald Appeal Decision APP/Y3940/W/24/3345598 grassland, scrapes, reedbed), native tree and scrub planting, semi- natural neutral meadow grassland and retained hedge, scrub and trees. The LEMP will include: i. A phasing plan demonstrating the timing of habitat creation works in relation to landscape buffers (Zone A and Zone B of the Trowbridge Bat Mitigation Strategy) and advanced planting proposals including predevelopment provision of ‘space for recreation’ will be completed in advance of or alongside vegetation stripping. ii. A plan specifying the location and type of integral bird nesting features (including for swift) and bat roosting features to be provided. Numbers to be provided in line with best practice guidelines. iii. Distinguishing between formal and informal open space and land required to meet mitigation and BNG objectives. iv. Details of how habitats created will be managed to achieve predicted BNG gains for the duration of the development. v. A mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets. vi. Details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald The LEMP shall be implemented as approved in full and for the lifetime of the development in accordance with the approved details. 8) No development shall commence until a written programme of archaeological investigation, which should include on-site work (i.e. trial trenching) and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the local planning authority. The programme of archaeological work shall be carried out in accordance with the approved details. 9) No development shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. 10) No development shall commence until a scheme for the discharge of surface water from the site has been submitted to and agreed in writing by the local planning authority.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald This should include detailed drainage calculations which demonstrate that discharge rates from the whole developed area (2.507ha) of the site do not exceed: • 1 in 1 year storm event - 1.65 l/s • 1 in 30 year storm event - 4.14 l/s • 1 in 100 year storm event - 5.15 l/s 11) No development shall commence until a detailed drainage ownership and management plan has been submitted to and approved in writing by the local planning authority. The plan shall: https://www.gov.uk/planning-inspectorate 11
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald This should include detailed drainage calculations which demonstrate that discharge rates from the whole developed area (2.507ha) of the site do not exceed: • 1 in 1 year storm event - 1.65 l/s • 1 in 30 year storm event - 4.14 l/s • 1 in 100 year storm event - 5.15 l/s 11) No development shall commence until a detailed drainage ownership and management plan has been submitted to and approved in writing by the local planning authority. The plan shall: https://www.gov.uk/planning-inspectorate 11
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald Appeal Decision APP/Y3940/W/24/3345598 • Detail the required maintenance activities for drainage (including SuDS) features, along with details on how frequently these activities will be completed, and the party responsible for maintenance. The development shall be carried out and maintained in accordance with the approved drainage ownership and maintenance plan. • Provide copies of legal agreements which confirm that the developer has the right to cross 3rd party land and discharge to the ordinary watercourse in perpetuity. The legal agreements must demonstrate that the developer has permission to cross third party land to enable the drainage system to be constructed, and for it to be maintained throughout its whole design life. 12) No development shall commence until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include details of the following relevant measures: i. Construction phase environmental management plan, named person for residents to contact definitions and abbreviations and project description and location; ii. A description of management responsibilities; iii.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald A description of the construction programme; iv. Detailed Site logistics arrangements; v. Details regarding parking, deliveries, and storage; vi. Details regarding dust mitigation; vii. any other measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; viii. Communication procedures with the LPA and local community regarding key construction issues – newsletters, fliers etc; ix. Details of how surface water quantity and quality will be managed throughout construction; x. Details of the safeguarding measures to deal with the following pollution risks: • the use of plant and machinery • wheel washing and vehicle wash-down and disposal of resultant dirty water • oils/chemicals and materials • the use and routing of heavy plant and vehicles • the location and form of work and storage areas and compounds • the control and removal of spoil and wastes xi. Details of safeguarding measures to highway safety to include: • A Traffic Management Plan (including signage drawing(s)) • Routing Plan • Details of temporary/permanent Traffic Regulation Orders • pre-condition photo survey - Highway dilapidation survey • Number (daily/weekly) and size of delivery vehicles.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald • Number of staff vehicle movements. https://www.gov.uk/planning-inspectorate 12
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald • Number of staff vehicle movements. https://www.gov.uk/planning-inspectorate 12 Appeal Decision APP/Y3940/W/24/3345598 xii. Details of the ecological avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following: • Pre-development species surveys, including but not exclusively, roosting bats, otter, water vole and birds. • Phasing plan for habitat creation and landscape works including advanced planting proposals including pre-development provision of ‘alternative space for recreation’. • Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. protection fencing. • Working method statements for protected/priority species, such as nesting birds, reptiles, amphibians, roosting bats, badger and dormice. • Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW) shall be present on site. • Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald • Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence. There shall be no burning undertaken on site at any time. Construction hours shall be limited to 0730 to 1800 Monday to Friday, 0730 to 1300 Saturday and no working on Sundays, Bank or Public Holidays. The development shall be implemented in accordance with the approved details of the CEMP. 13) No development shall commence until an Acoustic Design Scheme (for external traffic noise) for the protection of the proposed residents from external traffic noise has been submitted to and approved in writing by the local planning authority. The Acoustic Design Scheme (for external traffic noise) shall use Good Acoustic Design (in accordance with the Professional Practice Guidance: Planning and Noise New Residential Development (May 2017 or later versions)) to achieve the following noise limits: • bedrooms shall achieve an 8-hour LAeq (23:00 to 07:00) of 30dB(A) and an LAmax,F of 45dB based on the 10th highest measured level.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald • living rooms and dining rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A) • external noise levels within private external amenity spaces shall not exceed 55 dB LAeq,16hr (0700 – 2300) The Acoustic Design Scheme (for external traffic noise) shall be implemented during construction of each dwelling, and thereafter be permanently retained. For the avoidance of doubt, using closed windows to achieve the internal noise level target shall only be considered once all other good acoustic design acoustic mitigation measures have been utilised. https://www.gov.uk/planning-inspectorate 13
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald • living rooms and dining rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A) • external noise levels within private external amenity spaces shall not exceed 55 dB LAeq,16hr (0700 – 2300) The Acoustic Design Scheme (for external traffic noise) shall be implemented during construction of each dwelling, and thereafter be permanently retained. For the avoidance of doubt, using closed windows to achieve the internal noise level target shall only be considered once all other good acoustic design acoustic mitigation measures have been utilised. https://www.gov.uk/planning-inspectorate 13
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald Appeal Decision APP/Y3940/W/24/3345598 In accordance with a timetable in the approved Acoustic Design Scheme (for external traffic noise), a post completion report, prepared by the acoustic consultancy who designed the Acoustic Design Scheme or other suitably qualified expert, shall be submitted to and approved in writing by the local planning authority. This shall provide evidence that the approved Acoustic Design Scheme (for external traffic noise) has been fully implemented, any additional measures required to achieve compliance. 14) No development shall commence until an Acoustic Design Scheme (entertainment and industrial noise) for the protection of the proposed residents from entertainment and industrial noise has been submitted to and approved in writing by the local planning authority. This shall relate to internal noise levels and private external amenity areas.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald The Acoustic Design Scheme (entertainment and industrial noise) shall use Good Acoustic Design (in accordance with the Professional Practice Guidance: Planning and Noise - New Residential Development (May 2017 or later versions)) and it shall include the site layout (showing barrier blocks), internal dwelling layouts, façade construction (including design and installation), manufacturers details of windows and ventilation, and boundary treatments. Within 320 m of the West Wiltshire Trading Estate boundary, (ie closer than existing dwellings), the design shall achieve a rating level (LArTr) of equal to and no greater than typical background sound levels (LA90T) for facades with openable windows to habitable rooms (living rooms and bedrooms) and for private external amenity areas when assessed using BS4142:2014+A1:2019 or any subsequent version. Internal noise levels from entertainment noise, shall be designed to not exceed the following: • NR 20 dB Leq,15minutes • NR 20 dB LFMax • The LFN Reference Curve within Table 9 of NANR45 revision1 December 2011 - Procedure for the Assessment of Low Frequency Noise Complaints.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald The Acoustic Design Scheme (entertainment and industrial noise) shall be implemented during construction of each dwelling, and thereafter be permanently retained. In accordance with a timetable in the approved Acoustic Design Scheme (entertainment and industrial noise), a post completion report, prepared by the acoustic consultancy who designed the Acoustic Design Scheme (entertainment and industrial noise) or other suitably qualified expert, shall be submitted to and approved in writing by the local planning authority. This shall provide evidence that the approved Acoustic Design Scheme (entertainment and industrial noise) has been fully implemented, any additional measures required to achieve compliance. 15) Prior to commencement of development above slab level, a scheme for the provision of at least one public electric vehicle ‘rapid’ charging point (EVRCP) in a publicly accessible parking area or bay shall be submitted to and improved in writing by the local planning authority. The EVRCP shall be installed and be ready for use prior to the first occupation of the 100th dwelling or in accordance with a programme to be first agreed by the https://www.gov.uk/planning-inspectorate 14
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald Appeal Decision APP/Y3940/W/24/3345598 local planning authority, whichever is the sooner. The EVRCP shall thereafter be retained and shall remain operational at all times (other than when under-going reasonable maintenance). 16) No external lighting shall be installed in public areas until details of the type of light appliance, height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the local planning authority. The details shall be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2011, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2011), and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals. Where light spill has the potential to impact bat habitat, a lighting impact assessment shall be submitted with the reserved matter application(s) to demonstrate the requirements of section 8.3 of the Trowbridge Bat Mitigation Strategy February 2020 are met.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald The external lighting shall be installed and maintained in accordance with the approved details, and no additional external lighting in public areas shall be installed. Prior to final occupation of the development, a post-development lighting survey demonstrating compliance with the approved details, conducted in accordance with section 8.3.4 of the Trowbridge Bat Mitigation Strategy, shall be submitted and approved in writing by the local planning authority. 17) Prior to first occupation of any dwelling, a Full Travel Plan shall be submitted to and approved in writing by the local planning authority. The Full Travel Plan shall be based on the Framework Travel Plan and include details of who has responsibility for monitoring compliance and the means of securing that future monitoring and management arrangements. This shall include the length of time over which monitoring will occur and the frequency. The Full Travel Plan shall be implemented in accordance with the approved details.
Land at Glenmore Farm, The Ham/ Hawkeridge Road, Westbury, BA13 4HQ — Wiltshire Council — Katie McDonald 18) Prior to occupation of the 30th dwelling, 2 bus stops including shelters and raised height bus passenger access kerbing (one for northbound passengers, and one for southbound passengers) outside the site shall have been provided in accordance with details to be first submitted to and approved by the local planning authority. 19) Prior to occupation of the final dwellinghouse, the existing northern vehicular access point to Glenmore Farm (for the avoidance of doubt the vehicular access to Hawkridge Road located 63 metres north-west of Shallow Wagon Lane) shall have been properly and permanently closed and the highway verge reinstated. Thereafter the access point shall remain closed in perpetuity. ***END OF CONDITIONS*** https://www.gov.uk/planning-inspectorate 15
Main issues and findings
Other Against appellant ¶40
The location of the proposal outside the 'limits of development' would conflict with the development plan as a whole, but the Council does not have a 5 year supply of housing land and there is a significant shortfall of affordable housing.
Other Against appellant ¶41
The development plan is failing to meet its strategic challenges, and its settlement strategy and limits of development are not working effectively.
Other For appellant ¶42
The delivery of market and affordable housing is of substantial weight in favour, and there are also no technical reasons that would result in any harm.
Ecology and biodiversity Against appellant ¶26
The proposal would lead to Likely Significant Effects (LSE) on the Salisbury Plain Special Protection Area (SPA) due to increased recreational pressure from visitors.
Ecology and biodiversity For appellant ¶28
The scale of development in comparison to the size of the buffer zone would be minimal, and the amount of onsite public open space would absorb a significant amount of everyday recreational activity by new residents.
Ecology and biodiversity For appellant ¶33
The proposed mitigation would ensure that the proposal would not adversely affect the integrity of the SAC through any habitat loss on site.
Ecology and biodiversity For appellant ¶34
The planning obligation commits to the payment of this sum per dwelling, which would mitigate the residual effects of increased recreational pressure from new residents upon nearby habitats and woodlands.
Ecology and biodiversity Against appellant ¶31
The proposal would lead to LSE, both in terms of habitat loss on site and by recreational pressure placed upon nearby habitats and woodlands by new residents of the development.
Living conditions For appellant ¶20
Pedestrian access from the site to the play area and public open space should be encouraged to enable suitable pedestrian links to existing and future development.
Living conditions For appellant ¶22
The indicative layout has been designed to ensure that living conditions for future residents would be suitable, in specific relation to noise from the nearby trading estate, nightclub and traffic.
Other For appellant ¶14
The site is located on the settlement edge of Westbury, and is sufficiently close to the services and facilities that this market town provides.
Other For appellant ¶15
There are realistic means of accessing services and facilities using sustainable travel modes, such as a public transport link, cycle links, and pedestrian footways.
Other For appellant ¶16
The development would encourage the use of sustainable transport modes, including a 3m wide cycle link, and the provision of a public charging point for electric vehicles.
Other For appellant ¶17
The development would provide a range of benefits, including a night time bus service, and the provision of a Travel Plan to promote sustainable transport modes.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Determinative |
| Local Plan D1 |
Substantial |
| Core Policy 1 |
Moderate |
| Core Policy 2 |
Moderate |
| Core Policy 32 |
Moderate |
| Framework Paragraph 11 |
Limited |
Site constraints from the Casework Database
Source
Decision letter, 15 pages, issued by the Planning Inspectorate on 21 January 2025 under the Open Government Licence.