Widham Farm, Purton, Swindon, SN5 4HD
Wiltshire Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 20 November 2024
- Authority
- Wiltshire Council
- Inspector
- Smith A
- Procedure
- Hearing
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Major dwellings
- Appellant
- Wainhomes Severn Valley Ltd
- LPA reference
- PL/2021/06918
- ONS LPA code
- E06000054
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 5 August 2024
Summary AI
The appeal site is situated outside of Purton's defined limits of development but is not allocated for residential or employment development. The proposals would compromise the character of the countryside to some degree, but the scheme's adverse landscape effects would be of a constrained and tempered nature. The proposed employment land would satisfactorily respond to local requirements, having regard to its need and accessibility.
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Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Hearing held on 30 October 2024 Site visit made on 31 October 2024 by Andrew Smith BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 20th November 2024 Appeal Ref: APP/Y3940/W/24/3347445 Widham Farm, Purton • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Wainhomes Severn Valley Ltd against the decision of Wiltshire Council. • The application Ref is PL/2021/06918. • The development proposed is by way of Hybrid application: Full planning application for 61 dwellings, access and open space following the demolition of two dwellings (Kilmayne and Perrying, Station Road); and Outline planning application for 0.72ha of employment land for Use Class E. Decision 1. The appeal is allowed such that planning permission is granted for 61 dwellings, access and open space following the demolition of two dwellings (38 and 38A Station Road) and outline planning permission is granted for 0.72ha of employment land for Use Class E at Widham Farm, Purton in accordance with the terms of the application, Ref PL/2021/06918, subject to the conditions listed at the end of this Decision.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Preliminary Matters 2. I have used the description of development as set out on the application form. This is apart from me using property numbers as opposed to property names for the two dwellings intended to be demolished. This is in the interests of clarity and accuracy, as discussed at the Hearing. 3. The employment land element of the proposals is for outline planning permission with all detailed matters except for access reserved for future approval. Whilst not formally part of the scheme, I have treated any employment land details submitted with the appeal application relating to matters of appearance, landscaping, layout and scale as a guide to how that part of the site might be developed. 4. A planning obligation pursuant to Section 106 of the Act (the legal agreement) is before me. This is dated 13 November 2024 and is signed by the appellant, relevant landowners, and the Council.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision The legal agreement contains various provisions related to affordable housing, Public Open Space/landscaping, off- site sports facilities, Early Years education, the North Meadow and Clattinger Farm Special Area of Conservation (the SAC), public art, waste and recycling, employment land, highway works, public transport facilities, and public rights of way/railway crossing. I shall return to the legal agreement later. https://www.gov.uk/planning-inspectorate
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision The legal agreement contains various provisions related to affordable housing, Public Open Space/landscaping, off- site sports facilities, Early Years education, the North Meadow and Clattinger Farm Special Area of Conservation (the SAC), public art, waste and recycling, employment land, highway works, public transport facilities, and public rights of way/railway crossing. I shall return to the legal agreement later. https://www.gov.uk/planning-inspectorate
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 5. It has come to my attention that a review of the Council’s Local Plan is in motion. However, as yet to be submitted for examination, this remains at an early stage such that its emerging policies currently attract very limited weight. I am also aware that a new Neighbourhood Plan for Purton is emerging and has reached pre-submission consultation stage. However, as a long way off being formally made, its emerging policies, which I understand include provisions pertaining to a potential large housing-led development situated elsewhere in the village, also currently attract very limited weight. I shall consider the appeal on this basis. 6. The Council, in advance of the Hearing, confirmed that it would not be defending any of its reasons for refusing planning permission. This follows a change in circumstances related to the Council’s housing land supply position. Nevertheless, I shall formulate the appeal’s Main Issues based on the refusal reasons as originally imposed. This is in the interests of fairness, in recognition that interested parties have raised objections in these areas. Main Issues 7.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision The main issues are: • Whether or not the appeal site represents an appropriate location for the proposed housing and employment land, having regard to relevant provisions of the development plan and the National Planning Policy Framework (December 2023) (the Framework). • The effect upon the character and appearance of the area, having regard to the scheme’s landscape, visual, and green infrastructure effects; and • Whether or not it has been satisfactorily demonstrated that the proposed employment land would respond to local requirements, having regard to its need and accessibility. Reasons Whether or not an appropriate location for the development 8. In accordance with the Council’s adopted Settlement Strategy, Purton is defined as a Large Village. As set out under Core Policy 1 of the Wiltshire Core Strategy (January 2015) (the CS), Large Villages are defined as settlements with a limited range of employment, services and facilities, where development will be limited to that needed to help meet the housing needs of settlements and to improve employment opportunities, services and facilities.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Core Policy 19 of the CS confirms that, within the Royal Wootton Bassett and Cricklade Community Area, development should be in accordance with the Settlement Strategy and that approximately 385 homes shall be provided outside of the town of Royal Wootton Bassett across the plan period. 9. The site is situated outside of (albeit adjoining) Purton’s defined limits of development and is not allocated for residential or employment development via either the CS or the Purton Neighbourhood Plan (made November 2018) (the PNP). Moreover, it occupies a location where, in accordance with the delivery strategy stipulated at Core Policy 2 of the CS, development shall not be permitted other than in circumstances permitted by other CS policies. https://www.gov.uk/planning-inspectorate 2
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 10. Core Policy 34 of the CS relates to additional employment land and offers the potential opportunity for employment development catering for new and existing rural based businesses to be supported within or adjacent to Large Villages. This is subject to satisfactory compliance with a range of associated provisions, which I shall come on to consider in more detail under the third Main Issue of this appeal. 11. Nevertheless, even before coming on to assess the nature and extent of any adverse effects in character and appearance terms, the residential component of the scheme gives rise to clear conflict with the Council’s spatial strategy for development. This is by virtue of the site’s location beyond Purton’s defined limits and the absence of any relevant and applicable residential ‘exception’ policy. Indeed, there is identifiable conflict with Policies 1, 2 and 19 of the CS, and saved Policy H4 of the North Wiltshire Local Plan (2006) (the WLP). There is also conflict with the strategy embodied by the PNP in the sense that the site is not allocated for development. 12.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Accordingly, having regard to relevant provisions of the development plan and the Framework, the site does not represent an appropriate location for the proposed housing and employment land taken as a whole. 13. Even so, the Council is currently unable to demonstrate a four-year supply of deliverable housing sites. Therefore, in the context of the presumption in favour of sustainable development, as set out at paragraph 11 of the Framework, the most important policies for determining this appeal are deemed out-of-date. I shall come on to consider the full implications of this housing land supply shortfall, as well as apportionments of weight to identified policy conflicts, in the Planning Balance. Character and appearance 14. The main body of the site is comprised of two typically flat low-lying grassed fields currently used for grazing livestock. Consistent with this function, the site has an agricultural and verdant character and appearance that is readily appreciable from various public rights of way that cross the site and make up part of a dense network of local routes. 15.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Notwithstanding its rural attributes, it is noteworthy that the site is abutted by neighbouring residential development to much of its perimeter. Furthermore, the Swindon to Gloucester railway line runs along its northern edge. Thus, the site is effectively separated from the wider open countryside. Indeed, surrounding development imparts a domesticating and urbanising influence upon how the site is experienced. This is despite the softening effects of various elements of well-established boundary planting. 16. The proposals, which involve the loss of agricultural land and considerable development outside of Purton’s defined limits of development, would inevitably compromise the character of the countryside to some degree. However, in lieu of the site’s contained nature and predominantly residential immediate surroundings, the scheme’s adverse landscape effects would be of a constrained and tempered nature. Moreover, any transition between the settlement and wider open countryside would be unaffected. 17. Adverse visual effects would also inevitably materialise for public right of way users, who would have a more urbanised experience, as well as for various https://www.gov.uk/planning-inspectorate 3
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 neighbouring residents with access to views across the site. However, these adverse effects would be highly localised in an area where influences of built development are already commonplace. It is also pertinent that existing boundary planting is intended to be retained wherever possible in conjunction with a comprehensive scheme of new soft landscaping. This approach would aid the successful integration of the proposed development with its receiving environment. This includes with respect to the employment land whereby, notwithstanding the neighbouring nature of residential garden land that, in the case of Widham Grove, is sometimes utilised by local community groups, the opportunity to bring forward a suitably sympathetic and well-integrated scheme of high design quality would prevail at detailed planning stage. I also note here that private individuals do not have a right to a view. 18. Purton Policy 5 of the PNP relates to the protection of key local landscapes and links to a plan identifying locally important views. Such views include those available both to and from escarpments situated to the north of the village.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision The viewpoints identified in the appellant’s landscape evidence acknowledge differing land levels in the locality and include locations situated on higher ground to the west and southwest of the site. Whilst clear visibility over distance was not available on the day of my own site visit, there is sufficient evidence before me to demonstrate that, from locations to the west and southwest, new development, where visible, would be seen in the context of, or be partially obscured by, existing built form. This is a logical finding given the manner in which the site is surrounded by development. Accordingly, the quality of distinctive public views would be maintained in compliance with Purton Policy 5. 19. All related matters considered, the scheme would cause limited harm to the character and appearance of the area in conflict with Core Policy 51 of the CS and the natural environment conservation and enhancement policies of the Framework in so far as these policies set out that development should protect, conserve and where possible enhance landscape character.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision For the avoidance of doubt, on the basis that provision for the retention and enhancement of Wiltshire’s green infrastructure network would be made via, for example, the retention of on-site features/routes and the provision of accessible open spaces, I do not identify material conflict with Core Policy 52 of the CS. Employment land – need and accessibility 20. The employment element of the proposals is centred upon the provision of land for Use Class E – Commercial, business and service uses, as defined under the Use Classes Order 1987 (as amended). Nevertheless, it is only for specified uses within this use class that outline planning permission is sought. These are for the purposes of providing: financial or professional services principally to visiting members of the public; medical/health services principally to visiting members of the public except the use of premises attached to the residence of the consultant/practitioner; and/or officing to carry out any operational or administrative functions. The scope of the permission in this sense would be controlled via planning condition in the event the appeal be successful. 21. Further, additional restrictions are secured via the legal agreement.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision The definition of ‘Employment Land’ sets minimum and maximum floor space parameters per unit (750 to 20,000 square foot) and business buildings are https://www.gov.uk/planning-inspectorate 4
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision The definition of ‘Employment Land’ sets minimum and maximum floor space parameters per unit (750 to 20,000 square foot) and business buildings are https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/Y3940/W/24/3347445 restricted to single storey height. Detailed and comprehensive marketing provisions are also secured via the legal agreement. 22. The proposed employment land is not one of two employment sites1 – Purton Brickworks and Penn Farm – that are allocated through the PNP and situated to the opposite side of the railway line, where spare capacity for new employment uses/occupations could avail. Nevertheless, it is the appellant’s stance that the intended employment units would differ from the offerings of other industrial/business estates/premises at Purton, with a focus on good quality small units aimed at the specific types of commercial operation set out above. To my mind, having undertaken a visit to Mopes Lane, during the course of my inspection, I see merit in the suggestion made that the proposed uses and general working environment would differ at the appeal site when compared to allocated sites where some heavier commercial/industrial operations were readily witnessable. 23.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision It is also relevant that the Wiltshire Employment Land Review (September 2023) seeks further employment land within the M4/Swindon functional economic market area, which includes the rural area within which Purton lies. In this context, and in view of the restrictions and controls to be either conditioned or secured via the legal agreement, I am satisfied that the delivery of 0.72ha of employment land at the appeal would satisfactorily respond to local needs and would not undermine the delivery of strategic employment allocations elsewhere. It would also be consistent in scale with its location and, especially as to comprise uses that would not be anticipated to generate regular movements by large vehicles, would not be fairly expected to detract from residential amenity. 24. Whilst the employment land would not address Station Road directly, the route to it would not be arduous nor especially long and would be via an access road constructed to adoptable standards. The potential to signpost the facility from Station Road would also exist. I am satisfied that a good standard of accessibility and a sustainable economic environment would prevail.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Further, for the avoidance of doubt, there is no clear reason to suspect that the safety of future users of the access road would be prejudiced. 25. For the above reasons, it has been satisfactorily demonstrated that the proposed employment land would respond to local requirements having regard to its need and accessibility. The scheme accords with Core Policy 34 of the CS and the Framework in so far as these policies require development proposals to be supported by evidence that they are required to benefit local economic and social needs, and to be supported by adequate infrastructure. Other Matters The SAC 26. The site lies in proximity to the SAC. The Conservation of Habitats and Species Regulations 2017 (as amended) (the Habitat Regulations) require that, where a project is likely to have a significant effect on a European site (either alone or in combination with other plans or projects), the competent authority must make an appropriate assessment of the project’s implications in view of the 1 Purton Brickworks and Penn Farm https://www.gov.uk/planning-inspectorate 5
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 relevant site’s conservation objectives. For the purposes of this appeal, I am the competent authority. 27. The main qualifying features of the SAC stem from the survival of lowland hay meadows and associated rare plant species. A threat to integrity is public access and recreational activities upon the North Meadow part of the SAC associated to additional development. The proposed development would lead to an increased population likely utilising the SAC for recreational purposes. Consequently, in the absence of mitigation, harm would be caused to the integrity of the SAC. 28. An Interim Recreation Mitigation Strategy 2023-2028 (May 2023) has been prepared by several local Council’s in partnership with Natural England, the relevant statutory nature conservation body. This represents a costed strategic approach to mitigating recreational impacts, with stated mitigation measures including on-site wardening, educational initiatives, and monitoring activities. A per new residential unit tariff is operational and has been updated to reflect costs from 1 October 2024.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Moreover, a Recreational Impacts Mitigation Contribution is secured via the legal agreement that represents proportionate mitigation that I am satisfied would be delivered in an expedient manner in the event planning permission be granted. On this basis, the proposals would not adversely affect the integrity of the SAC. Heritage 29. In considering whether to grant planning permission for development which affects a listed building or its setting, Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special regard be had to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The site sits alongside two listed buildings – Widham Farmhouse and Widham Grove. 30. Widham Farmhouse is a Grade II listed former farmhouse. According to the statutory list description, it dates to the 17th-century. Its significance and special interest as a designated heritage asset is drawn, in-part, from its age, its architectural form, its historic fabric, and its relevance to the historic evolution and rural history of the area.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision This significance and special interest is further underpinned by the continued legibility of the farmhouse as the principal structure of a farmstead complex, and by the verdant openness of the asset’s immediate surroundings. 31. The appeal site comprises agricultural land that, apart from the proposed employment land, once had a direct functional relationship to the farmhouse. It thus comprises a part of Widham Farmhouse’s setting and promotes that the agricultural origins of this designated asset are easily interpreted. The site’s contribution in this sense is meaningful, particularly when noting the openness and visual relief that it offers in the context of various instances of modern development in place nearby. 32. The residential element of the proposals would result in the loss of undeveloped grassed land to the immediate rear of the asset and erode the openness and rural character of Widham Farmhouse’s setting. It is nevertheless noteworthy that built development is not proposed to the eastern part of the appeal site as well as neither to the north or south of the asset. Indeed, areas of Public Open Space are intended to be established in these locations.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Thus, a considerable https://www.gov.uk/planning-inspectorate 6
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Thus, a considerable https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/Y3940/W/24/3347445 extent of open space would be retained beyond the domestic curtilage of the former farmhouse that would be especially influential when experiencing the front of Widham Farmhouse from Station Road. 33. The site’s new access road, to be brought forward in conjunction with visitor parking spaces located in proximity to Station Road, would be read as neither an intrusive nor especially noticeable addition to the setting of Widham Farmhouse. This is particularly as to be aligned to the southernmost part of the site and thus stepped away from the farmhouse. 34. It is intended that, off this new access road in a location to the front of Widham Farmhouse, a new private access route (the new route) to serve both Widham Farm and Widham Grove be installed. The new route would be fairly anticipated to effect only a small part of the land in question – minor earthworks would be necessitated, and sympathetic surface treatments could ultimately be agreed. In this context, the new route would have no material adverse effect upon the setting of Widham Farmhouse.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision This is subject to final details being secured via condition in the event the appeal be successful, which is a matter I discuss further in a highways context below. Notwithstanding these findings with respect to access, for reasons that are set out above, some limited harm to the heritage significance of Widham Farmhouse would be caused by the proposals when taken and considered as a whole. 35. Widham Grove is a dwelling that, according to the statutory list description, is of mid-19th-century origin. Its significance and special interest as a designated heritage asset is drawn, in-part, from its historic integrity, its palette of traditional external-facing materials, and its uncomplicated plan form. This significance and special interest is further underpinned by the verdant spaciousness of the asset’s surroundings, which are befitting of its high status and promote an understanding of its rural origins. 36. The part of the appeal site earmarked for employment land falls directly to the west of the residential plot that contains Widham Grove and once comprised a part of the historic landholdings associated to the asset.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision As such, despite the meaningful depth and well-planted nature of Widham Grove’s domestic curtilage, the site can be fairly considered to comprise a somewhat influential part of the asset’s setting. Indeed, the proposed development would diminish the openness and rurality of the asset’s surroundings to the detriment of its significance. 37. Even so, it is important to recognise that the employment land element of the proposals is in outline form such that detailed matters including layout and landscaping are yet to finalised. Thus, buildings and any associated areas of hardstanding could be stepped back meaningful distances from the intervening boundary with Widham Grove. Such an approach would promote the retention of openness and the achievement of a non-imposing form of development. It would also allow for the implementation of a robust buffer of intervening landscaping in the interests of softening visual effects. Further, it is pertinent that building height within the employment land is restricted to single storey through the legal agreement. In this context, any loss of special interest could be minimised and identifiable harm to heritage significance could be considerably tempered. 38.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision For the above reasons, the proposals would result in a low level of harm being caused to the heritage significance of both Widham Farmhouse and Widham https://www.gov.uk/planning-inspectorate 7
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision For the above reasons, the proposals would result in a low level of harm being caused to the heritage significance of both Widham Farmhouse and Widham https://www.gov.uk/planning-inspectorate 7
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 Grove by virtue of development being brought forward within their settings. There is thus identifiable conflict with Core Policy 58 of the CS in so far as it requires that designated heritage assets and their settings will be conserved. In the terms of the Framework, I would qualify that the degree of harm would be less than substantial. The Framework requires less than substantial harm to be outweighed by public benefits, which I shall return to within my Heritage Balance below. Highways, including access to facilities and services 39. The proposals are supported by a comprehensive Transport Assessment (Revision A, August 2022) (the TA), the scope of which was agreed with the Highway Authority. For the purposes of the TA’s production, existing and forecast traffic flow data was extracted from the Council’s area-wide model and considered in conjunction with trips anticipated to be generated by the development. The TA forecasts the proposals not to have a material impact on the operation of various junctions that include where Church Street meets High Street and the site’s newly proposed access off Station Road. 40.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Notwithstanding concerns raised by interested parties, including in terms of the accuracy of the data relied upon and traffic flow issues experienced during school drop off and pick up times (including in association with bus/coach trips), having undertaken a full review of the evidence, there is no clear reason for me to doubt the veracity of the TA’s findings. In coming to this judgement, I have factored in that my own site inspection took place outside of school term time. I note here that the TA’s conclusions stem from modelling based upon 61 dwellings and 1,884 square metres of employment space being introduced to the site. For the avoidance of doubt, it would be important to ensure that any future detailed employment scheme respects the TA’s parameters in this regard. 41. The site’s extent of separation from the majority of Purton’s facilities and services has been highlighted as a concern by interested parties, as has the gradient of Station Road and its potential lack of suitability for accommodating movements via sustainable travel modes.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision However, whilst it would be highly unlikely for all future occupiers to consistently choose to walk/cycle in order to meet their full day-to-day needs, it would be fair to suggest that walking or cycling to the village centre and/or local schools may represent a realistic option for many future occupiers of the proposed development. Furthermore, although service limitations and an uncertain future have been highlighted as concerns with respect to the No 53 bus service, it remains that bus stops offering reasonably regular services to and from Swindon are readily accessible from the site. Accordingly, the site has satisfactory access to facilities and services. 42. I have noted the existence, on Station Road, of a bridge over the railway line that has a blind summit as well as no footway provision. Instances of vehicles travelling at speed across the bridge and associated safety concerns have been raised by interested parties. However, in view of the distance of separation that would be achieved and the extent of visibility splays that would prevail, I am satisfied that no unacceptable safety concerns would arise by virtue of the intended positioning of the site’s access. 43.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision As part of the proposals, an existing highway that currently provides access to Widham Farm and Widham Grove is intended to be stopped up via either an https://www.gov.uk/planning-inspectorate 8
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision As part of the proposals, an existing highway that currently provides access to Widham Farm and Widham Grove is intended to be stopped up via either an https://www.gov.uk/planning-inspectorate 8
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 extension of the Station Road kerb line or bollarding. As discussed above in a heritage context, alternative means of vehicular access to these neighbouring properties is proposed to be provided off the site’s new access road via the front portion of the appeal site. This matter was discussed at the Hearing and a potential planning condition was put forward whereby a Private Access Scheme would be finalised post-decision, which would sit alongside a separate condition securing full details of the stopping up of existing accesses (a process to be authorised outside of this appeal). In view of the importance of providing fit-for-purpose private access arrangements for neighbouring occupiers and of controlling the position/materiality of new elements of hard surfacing to the front of Widham Farmhouse, the conditioning of a Private Access Scheme and full stopping up details represents a sensible and appropriate approach. 44. It is also pertinent to note that, subject to specified highway works and a public transport facilities contribution being secured via the legal agreement, the Highway Authority has raised no objections to the proposals.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision This is a matter of importance because the Highway Authority is responsible for the safety of users of the local highway network. Flood risk/drainage 45. The site falls within Environment Agency Flood Zone 1 and thus is at low risk of fluvial flooding. Even so, there is an unnamed stream that runs along part of the western boundary of the site, and, consistent with available flood risk maps for surface water, there are areas of land situated close to this stream and adjoining the railway line, including parts of the appeal site, that are prone to flooding from surface water. 46. It is also my understanding that land in the area typically has low permeability, which is a factor that has contributed to instances of localised ponding (including upon the appeal site itself, as was apparent upon inspection) and to historic flood events in locations such as Witts Lane, Locks Lane, and Station Road. The capacity and/or potential lack of maintenance of culverts, ditches, and other drainage system elements could well have also contributed to the occurrence of such instances and historic events. 47.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Suggestions have been made that the proposals shall reduce the volume of water that the land can hold and place more pressure upon surrounding homes with water passing from the site to neighbouring garden spaces and beyond. However, the drainage system that is intended would incorporate multiple designated attenuation areas where excess surface water would be stored and discharged from the site at a controlled rate into the unnamed stream. 48. Pertinently, the Council requires post development discharges to provide 20% betterment over pre development discharges in terms of both peak flow rate and volume. This requirement is embedded within the surface water drainage condition that has been drafted by the main parties, which assists in offering robust assurances that the proposals would not raise the likelihood of localised surface water flooding events. In fact, the surface water drainage system to be installed across the site would be fairly anticipated to offer a greater degree of control over how surface water is managed and discharged from the site when compared to present circumstances.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision I also note that clear arrangements for the ownership and ongoing maintenance of the drainage system to ultimately be installed could be secured via condition. https://www.gov.uk/planning-inspectorate 9
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision I also note that clear arrangements for the ownership and ongoing maintenance of the drainage system to ultimately be installed could be secured via condition. https://www.gov.uk/planning-inspectorate 9
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 49. It has also been clarified that foul water shall be discharged via into a separate and independent drainage network overseen by Thames Water. Whilst recent/ongoing issues with respect to the existing foul water sewage system have been highlighted by interested parties, there is no reason to anticipate that the scheme would exacerbate any instances of excessive storm water draining into the sewerage network or cause instances of foul water flooding. Moreover, in overarching terms, suitable assurances have been provided to demonstrate the proposals to be acceptable in flood risk/drainage terms. Ecology/biodiversity 50. It has been put to me that the site layout has been informed by ecological considerations to ensure the retention and protection of the most important ecological features on site – which include hedgerows, trees and the aforementioned unnamed stream. Whilst some loss of hedgerow/planting would be necessitated by the provision of access, I am satisfied that no especially valuable features would require removal to facilitate development and that measures could be put in place to ensure the satisfactory safeguarding of protected species. 51.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Detailed soft landscaping proposals have been formulated and a Biodiversity Net Gain Assessment has been undertaken to demonstrate a forecast 22.72% increase in habitat units and a 10.56% increase in hedgerow units. Subject to the imposition of suitably worded conditions to secure the submission and implementation of a Construction Ecological Management Plan, a Biodiversity Mitigation and Enhancement Plan, and a Landscape and Ecology Management Plan, I am satisfied that the proposals would have an acceptable effect upon biodiversity and ecological features. Railway safety 52. The Purton 60 Level Crossing (the crossing) is situated northwest of the site and is connected to it via a public right of way. It serves crossings of the Swindon to Gloucester railway line on foot only. Existing safety measures are in place, which include pedestrian gates to both sides, warning signage adjacent to these gates, and whistleboards to prompt train drivers to sound horns/whistles upon approach to the crossing. Network Rail has acknowledged that the crossing currently operates safely. 53. The proposals would be fairly anticipated to give rise to additional pedestrian trips over the crossing.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Even so, as the village’s facilities and services are typically located to the south and alternative recreational routes are available, the number of additional trips likely generated by the scheme would be limited. In this context, I am satisfied that, in the interests of railway safety, it would be proportionate for safety advice regarding level crossings and details of improved signage and wayfinding features to be suitably secured via condition in conjunction with a contribution via the legal agreement to cover the costs of new signage. Further other matters 54. The proposals would result in the demolition of two existing dwellings and thus the displacement of existing residential occupiers from the site, which include at least one young family with a long association with the village. Nevertheless, from the evidence before me, there is no clear reason to consider https://www.gov.uk/planning-inspectorate 10
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 that suitable alternative accommodation would not be obtainable elsewhere in the local area. Whilst it is unfortunate to disrupt existing residential occupations, this is an inevitable consequence of a scheme involving redevelopment in the manner that is intended and, on planning grounds, cannot be fairly resisted. 55. I note here that the hybrid nature of the appeal scheme would indicate that its residential element could feasibly be brought forward in isolation of the employment land or vice versa. However, there are provisions contained within the legal agreement to suitably guard against such a possibility arising. For example, active marketing of the employment land whilst employing reasonable endeavours is secured for a period of six months prior to the first occupation of any residential unit, and for a subsequent further four and a half years if necessary. Amongst other pertinent provisions, the construction of a road to the employment land built to adoptable standards and to include relevant services and infrastructure is also secured.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Accordingly, I shall undertake Heritage and Planning Balances on the reasonable premise that the proposals would ultimately be delivered in their entirety should the appeal be allowed and development be implemented. Legal Agreement 56. The legal agreement secures the on-site provision of 40% affordable housing (a mix of affordable rented and shared ownership dwellings) in line with the requirements of Core Policy 43 of the CS. On-site Public Open Space of no less than 3,930 square metres (or a contribution in lieu) to conform with relevant Open Space Standards as referenced at Core Policy 52 of the CS is also secured in conjunction with approved landscaping works and the provision of an on-site play area to accommodate a Locally Equipped Area of Play measuring no less than 420 square metres. Associated future maintenance provisions, to be undertaken by an appointed Management Company, are also captured. 57.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Further, contributions towards off-site sports facilities, Early Years education, public art, waste and recycling equipment, public right of way route improvements, canal restoration, rail crossing signage, and public transport facilities are secured in accordance with, where relevant, reasonable requests made for contributions by statutory/technical consultees and in compliance with the respective requirements of Core Policies 3, 52, 53, and 57 of the CS. Further, a suitably justified requirement for off-site highway works, to comprise crossing improvements at specified locations along Station Road, has been agreed in liaison with the Highway Authority. In addition, marketing provisions related to the employment land are comprehensive and sound. 58. I note here that a contribution towards improvements to local health facilities has not been requested by the Council. Even so, there is no substantive evidence before me to clearly demonstrate that the proposals would place undue or unacceptable stress upon the village’s existing medical facilities. 59.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision I am satisfied that the various contributions and provisions secured through the legal agreement (except for provisions within Schedule 15 specifically related to a Rail Crossing Closure Order Contribution) would be necessary to make the development acceptable in planning terms, would be directly related to the development, and be fairly and reasonably related in scale and kind. I am satisfied too that the monitoring fee secured would be proportionate and reflect the actual costs of monitoring. https://www.gov.uk/planning-inspectorate 11
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision I am satisfied that the various contributions and provisions secured through the legal agreement (except for provisions within Schedule 15 specifically related to a Rail Crossing Closure Order Contribution) would be necessary to make the development acceptable in planning terms, would be directly related to the development, and be fairly and reasonably related in scale and kind. I am satisfied too that the monitoring fee secured would be proportionate and reflect the actual costs of monitoring. https://www.gov.uk/planning-inspectorate 11
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 Heritage Balance 60. I have identified above that the scheme would cause less than substantial harms to the significance of Widham Farmhouse and to the significance of Widham Grove through development within their settings. It must be noted that even less than substantial harm to a designated heritage asset carries considerable importance and great weight. 61. In terms of public benefits, the proposals involve the creation of 61 additional housing units within a local authority area where the agreed housing land supply position is a 3.85-year supply. This represents a shortfall when compared to the minimum four-year supply threshold that applies and is endorsed by the Framework. In such circumstances, the additional dwellings would make a meaningful and important contribution to the supply-deficit and attract significant weight as a public benefit. 62. Further, the policy-compliant delivery of not less than 24 affordable homes as part of the housing mix would promote the delivery of distinct social benefits and respond to authority-wide levels of currently unmet and identified future need. This is a benefit that attracts significant weight. 63.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision There are also various economic benefits to be drawn from the scheme, not least via the provision of 0.72ha of employment land that would respond to an identified need and lead to the creation of jobs and investment in the local economy. The proposals would also create jobs during the construction phase and would, once occupied, lead to increased household spending in the area. Such benefits, taken together, attract considerable weight. A net-gain in biodiversity would also be brought about, which is a tangible benefit attractive of some limited weight. 64. The scheme’s public benefits would be very significant when assessed in cumulative terms and attract substantial weight. Such benefits would, in my judgement, outweigh the less than substantial harm I have identified would be caused to the heritage significance of Widham Farmhouse, and would be sufficient to outweigh the less than substantial harm I have separately identified would be caused to the heritage significance of Widham Grove. 65.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision There is thus compliance with the Framework’s historic environment conservation and enhancement policies, in so far as they provide the opportunity for any less than substantial harm identified to a designated heritage asset to be outweighed by the public benefits of a development proposal. Overall Planning Balance 66. As the Council cannot currently demonstrate a four-year supply of deliverable housing sites, and the policies of the Framework that protect areas or assets of particular importance do not provide a clear reason for refusing planning permission, the presumption in favour of sustainable development is engaged. Recent occurrences of other development within the parish of Purton and the existence of other potential residential schemes in the pipeline does not alter this finding. For decision making the engagement of the presumption in favour of sustainable development means that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the Framework’s policies taken https://www.gov.uk/planning-inspectorate 12
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 as a whole. This tilted balance, I note, was not engaged when a residential proposal at the same site was dismissed at appeal2 in 2013. 67. I have identified conflict with the Council’s spatial strategy, and with the PNP, by virtue of site’s position beyond Purton’s defined limits of development. Even so, with respect to the employment land element of the proposals, I have identified compliance with Core Policy 34 of the CS, which legitimises, in the circumstances of this case, additional employment land adjacent to Purton as a Large Village. Regarding the residential element, the restrictions placed on housing development by the Council’s relevant housing delivery policies, namely Core Policies 1, 2, and 19 of the CS and saved Policy H4 of the WLP, have prejudiced the ability to demonstrate a satisfactory supply of deliverable housing sites. In this context, I attach limited weight to the scheme’s identifiable conflicts with the Council’s spatial strategy and the PNP. 68. In addition, I have identified conflict with Core Policy 51 (Landscape) of the CS which is consistent with the Framework in so far as it recognises the intrinsic character and beauty of the countryside.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision However, for reasons that are set out above, I attach limited weight to the associated harm that would be caused to the character and appearance of the area. 69. I have also identified conflict with Core Policy 58 (Ensuring the conservation of the historic environment) of the CS. However, on the basis that this policy does not incorporate a mechanism for balancing public benefits unlike the Framework, I attach limited weight to this conflict. Notwithstanding this, the less than substantial harms identified to the heritage significance of two designated assets attract great weight. 70. Having considered the benefits (as discussed in the Heritage Balance above) and adverse impacts of the proposals before me, I conclude that the adverse impacts identified, including conflict with the Council’s spatial strategy, limited harm to the character and appearance of the area, and less than substantial harms to the heritage significance of Widham Farmhouse and Widham Grove, would not, in culmination, significantly and demonstrably outweigh the proposals’ substantial benefits when assessed against the Framework’s policies taken as a whole.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Thus, the presumption in favour of sustainable development, as set out in the Framework, applies. 71. Notwithstanding identifiable conflict with policies of the development plan, there are material considerations, including the Framework, that indicate that the proposals should be determined otherwise than in accordance with the development plan in this instance. Conditions – Reasons 72. In advance of the Hearing, lists of draft planning conditions (one pertaining to the residential element of the scheme, and one pertaining to the employment land) were worked upon by the main parties to this appeal. Following further discussion at the Hearing, I have considered the conditions against advice in the Framework and Planning Practice Guidance. As a result, I have made amendments to the lists for consistency and clarity purposes. Pre- commencement conditions have only been applied where agreed to by the appellant and where necessary to guide initial works on site. 2 APP/Y3940/A/11/2165449 https://www.gov.uk/planning-inspectorate 13
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 Reasoning applicable to full and outline elements of the scheme 73. In the interests of certainty, conditions listing the approved plans are required. As the employment land is at outline stage with all matters reserved bar access, only plans confirming the redline extent of the site and access details are required to be listed. 74. In the interests of properly protecting and recording features of archaeological interest, conditions are reasonable and necessary to secure the implementation of an approved Written Scheme of Investigation. This follows a previous phase of on-site trial trench evaluation and, I note, includes additional trial trenching upon the employment land. 75. In the interests of highway safety and protecting the living conditions of local residents, Demolition and Construction Management Plans are reasonable and necessary to condition. In the interests of ensuring retained trees are properly protected during the demolition and construction phase, conditions are reasonable and necessary that secure the submission of an updated Arboricultural Impact Assessment and confirming measures to be adhered to with regard to safeguarding retained trees. 76.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision In the interests of ensuring that surface water is suitably managed and that any associated flood risk is appropriately guarded against, conditions to secure the submission of a detailed surface water drainage scheme and associated maintenance provisions are reasonable and necessary. 77. In the interests of promoting sustainable forms of construction, conditions securing the submission and implementation of Sustainability and Energy Statements are reasonable. In the interests of protecting the character and appearance of the area, details and samples of intended external-facing materials are necessary to condition. 78. In the interests of guarding against the risks posed by contamination and protecting human health, conditions securing the undertaking of remediation measures are reasonable to impose. In the interests of protecting public health, conditions are reasonable that secure the submissions of Air Quality Assessment reports. 79.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision In the interests of ensuring an acceptable effect upon biodiversity and ecological receptors, conditions that secure the submissions and subsequent implementation of Biodiversity Mitigation Enhancement Plans, Construction Ecological Management Plans, and Landscape and Ecological Management Plans are reasonable and necessary to impose. Reasoning applicable to full application for residential dwellings only 80. In the interests of ensuring acceptable living conditions would prevail for future residential occupiers, an Acoustic Report is reasonable to secure by way of condition. In the interests of avoiding the illumination of habitat used by bats, a condition to secure details of any additional external lighting fixture/fitting not already indicated to be provided is reasonable to impose. 81. In the interests of protecting the character and appearance of the area and promoting high quality development, a condition securing plans and particulars for the site’s Public Open Space areas is reasonable. https://www.gov.uk/planning-inspectorate 14
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision Appeal Decision APP/Y3940/W/24/3347445 82. In the interests of protecting the character and appearance of the area as well as the setting of Widham Farmhouse and the living conditions of existing neighbouring occupiers, conditions to secure full details of boundary treatment and hard surface treatments are necessary to impose. I note here that careful consideration shall need to be given to the treatment of the boundaries of the retained Widham Farm, whereby the privacy and security of residential occupiers should be catered for without necessitating the introduction of unduly intrusive enclosures – most particularly in locations readily visible from Station Road. 83. In the interests of promoting environmental quality and sustainable travel, a scheme of Ultra Low Energy Vehicle infrastructure as well as a low-emission Travel Plan are reasonable to secure via condition. In the interests of reducing vehicular traffic and promoting road/rail safety a Residential Travel Plan to incorporate, amongst other measures, the provision of safety advice regarding level crossings and details of improved signage and wayfinding features, is reasonable to condition. 84.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision In the interests of highway safety, conditions are reasonable and necessary that secure the surfacing details and provision of parking spaces, completion of the site’s access road prior to first occupation, the provision and ongoing maintenance of suitable vehicular visibility splays, and full details of all elements of on-site highway works. Also, in the interests of highway safety, the stopping up of existing accesses within one month of the first occupation of the development is reasonable and necessary to secure via condition. Reasoning applicable to outline application for employment land only 85. In the interests of protecting the living conditions of nearby residential occupiers, it is reasonable to secure the submission of an Acoustic Impact Assessment by way of condition. For the same reason, it is necessary to condition operational hours, hours of opening for customers, and delivery hours. 86. In the interests of protecting the character and appearance of the area as well as the setting of Widham Grove, it is reasonable to condition the manner in which a landscaping scheme shall be formulated and subsequently managed. 87.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Appeal Decision In the interests of promoting sustainable travel and reducing air pollution, a condition to secure the provision of electric vehicle charging points is reasonable and necessary. In the interests of avoiding the illumination of bat habitat, a condition to secure details of all permanent external lighting is reasonable. Conclusion 88. For the above reasons, the appeal is allowed and planning permissions are granted subject to conditions.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith INSPECTOR https://www.gov.uk/planning-inspectorate 15 Appeal Decision APP/Y3940/W/24/3347445 Schedule of Conditions – full planning permission for 61 dwellings 1) The residential development (as depicted upon approved plan Ref: PURT-15-04-02-A) hereby permitted shall be begun before the expiration of two years from the date of this permission.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 Schedule of Conditions – full planning permission for 61 dwellings 1) The residential development (as depicted upon approved plan Ref: PURT-15-04-02-A) hereby permitted shall be begun before the expiration of two years from the date of this permission.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 2) The residential development hereby permitted shall be carried out only in accordance with the following approved plans: PURT-15-04-01-A; PURT-15-04-02-A; 210112_WSV_SK_001-F; 210118_WSV_GA_001-E; 210118_WSV_H_003-E; PURT-15-04-03-A; PURT-15-04-04-A; PURT-15-04-05-A; PURT-15-04-06-A; PURT-15-04-07-A; PURT-15-04-08-A; PURT-15-04-10; 13675-P04-F (Sheets 1-3); 210118_WSV_D_001 A; House Types Affordable 2-Bed Elevations and Floor Plans - Plots AS - 24, 30, 32, 51, 55 and 59, OPP - 23, 29, 31, 50, 54 and 58; House Types Affordable 3-Bed Elevations and Floor Plans - Plots AS - 22 and 53, OPP - 21 and 52; House Types Affordable 3-Bed Elevations and Floor Plans - Plots AS - 28 and 61, OPP 27 and 60; House Types Alder 3-Bed Elevations and Floor Plans - Plot 8; House Types Ash 5-Bed Elevations and Floor Plans - Plots 4, 7, 45 and 46; House Types Ash 5-Bed Elevations and Floor Plans - Plots 5 and 44; House Types Birch 4-Bed Elevations and Floor Plans - Plot 38; House Types Birch 4-Bed Elevations and Floor Plans - Plots 1 and 20; House Types Chinley 1-Bed Flats Elevations and Floor Plans - Plots AS - 56 and 57, OPP - 25 and 26; House Types Hazel 4-Bed Elevations and Floor Plans - Plot 42; House Types Hazel 4-Bed Elevations and
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Floor Plans - Plots 9, 17 and 37; House Types Hazel 4-Bed Elevations and Floor Plans - Plots 34 and 49; House Types Hornbeam 4-Bed Elevations and Floor Plans - Plot 16; House Types Hornbeam 4-Bed Elevations and Floor Plans -Plots 39 and 41; House Types Madeira 4-Bed Elevations and Floor Plans - Plot 10; House Types Madeira 4-Bed Elevations and Floor Plans - Plot 40; House Types Madeira 4-Bed Elevations and Floor Plans - Plots 18 and 48; House Types Madeira 4-Bed Elevations and Floor Plans - Plot 35; House Types Palmyra 3-Bed Elevations and Floor Plans - Plots AS - 11 and 14, OPP - 12 and 15; House Types Whitebeam 3-Bed Elevations and Floor Plans - Plots 2, 36, 43 and 47; House Types Whitebeam 3-Bed Elevations and Floor Plans - Plots 13 and 33; House Types Willow 4-Bed Elevations and Floor Plans - Plot 6; House Types Willow 4-Bed Elevations and Floor Plans - Plot 3; House Types Willow 4-Bed Elevations and Floor Plans - Plot 19; Single and Double Garage Design - sheet 1 of 2; Double Semi Garage Design - sheet 2 of 2; WLC709-1300-001-R0; WLC709-LC-AC-001-R0; 210118_WSV_H_001-B.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 3) No development, including any demolition of existing buildings or clearance of vegetation, shall commence within the residential development hereby permitted until a Demolition and Construction Management Plan (DCMP) has been submitted to and approved in writing by the Local Planning Authority. The DCMP shall be complied with at all times during demolition and construction and shall include (but not be limited to): • Processes for keeping local residents and businesses informed of works being carried out and dealing with complaints; • Details of all demolition and construction hours; https://www.gov.uk/planning-inspectorate 16
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 3) No development, including any demolition of existing buildings or clearance of vegetation, shall commence within the residential development hereby permitted until a Demolition and Construction Management Plan (DCMP) has been submitted to and approved in writing by the Local Planning Authority. The DCMP shall be complied with at all times during demolition and construction and shall include (but not be limited to): • Processes for keeping local residents and businesses informed of works being carried out and dealing with complaints; • Details of all demolition and construction hours; https://www.gov.uk/planning-inspectorate 16
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 • Confirmation that deliveries/removal of plant, equipment, machinery and waste from the site shall only take place within the permitted demolition and construction hours; • Details of wheel washing facilities and measures to control the migration of mud from the site by vehicles during construction; • Details of mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites to be used to minimise noise disturbance from demolition and construction works; • Confirmation that, where piling is required, continuous flight auger piling shall be used wherever practicable to minimise impacts; • Procedures for emergency deviation of the agreed working hours, including 24 hour emergency contact information; • Control measures for dust and other air-borne pollutants, to be incorporated into a dust management plan in order to minimise the impacts of construction dust; • Measures for controlling the use of site lighting whether required for safe working or for security purposes; • Details of locations for the storage of all plant, machinery and materials including oils and chemicals to be used in connection with the construction of the
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith development; • Measures to control, remove and recycle spoil and wastes resulting from demolition and construction works; • Access and traffic arrangements for construction vehicles, to include a lorry and construction routing schedule confirming that access to the site shall be routed from the north via the B4553; • Details of adequate provision of fuel oil storage, landing, delivery and use, and how any spillage shall be dealt with and contained; • Details of adequate provision for contractor and visitor parking; • Contact details of the main contractor; • Details of pedestrian, cyclist and horse rider protection, including measures to ensure satisfactory access and movements for occupiers of neighbouring properties; • Details of any proposed temporary traffic restrictions; • Arrangements for turning facilities on site, including swept path analysis showing access for the largest vehicles to regularly access the site and measures to ensure adequate space is available; • Arrangements to receive abnormal loads or unusually large vehicles; • Arrangements for the loading and unloading of equipment and materials; • Details of the location and use of generators and any temporary site accommodation; • Details of the erection
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith and maintenance of security hoardings, including decorative displays and facilities for public viewing where appropriate; • Confirmation that there shall be no burning undertaken on site at any time. 4) No development shall commence within the residential development hereby permitted until the approved programme of archaeological work, as detailed in the agreed Written Scheme of Investigation for Archaeological Strip, Map and Sample Excavation and Trial Trench https://www.gov.uk/planning-inspectorate 17
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 4) No development shall commence within the residential development hereby permitted until the approved programme of archaeological work, as detailed in the agreed Written Scheme of Investigation for Archaeological Strip, Map and Sample Excavation and Trial Trench https://www.gov.uk/planning-inspectorate 17
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 Evaluation (November 2022), has been carried out in accordance with the approved details. The work shall be carried out in accordance with the standards and guidelines for archaeological field evaluation as set out by the Chartered Institute for Archaeologists (CIfA) and the standards and guidelines for Strip, Map and Record excavations as set out by the CIfA. 5) No development shall commence within the residential development hereby permitted until an updated Arboricultural Impact Assessment, to include an Arboricultural Method Statement and Tree Protection Plan has been submitted to and approved in writing by the Local Planning Authority. Development shall be implemented in accordance with the approved details. 6) No development (excluding enabling works) shall commence within the residential development hereby permitted until details of surface water drainage have been submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The details to be submitted shall include: • Sufficient attenuation to demonstrate that the 1 in 100 year plus climate change rainfall event does not cause flooding to any building (including a basement) or utility plant; • Hydraulic Models with MADD factor / additional storage volume factor set to 0m3/ha in order to prevent an overestimation of storage capacity in the proposed drainage network; • Calculations that include a +10% allowance on impermeable areas in order to account for Urban Creep in accordance with current LASOO Guidance; • Confirmation that the above hydraulic parameters are met when considering a surcharged outfall, as a result of the proposed discharge to the watercourse; • Demonstration that the attenuation volumes are sized to manage any circumstances where existing flood risk overlaps with any attenuation basins proposed; • Demonstration that the site has been designed to ensure that flows in excess of the 1 in 100 year rainfall event are managed in exceedance routes that minimise the risks to people and property.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Provision of exceedance flows on the drainage strategy drawing to be submitted are required; • Clarification of discharge rates across the drainage network, including a final discharge rate to the watercourse. With regards to the control of surface water discharges from greenfield sites, post development discharges are required to provide 20% betterment over pre development discharges for both peak flow and volume; • Calculations to demonstrate that the proposed drainage design provides a sufficient level of water treatment to prevent pollution of the receiving watercourse; • Soakage tests in accordance with BRE 365 to determine whether infiltration is feasible; https://www.gov.uk/planning-inspectorate 18
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Provision of exceedance flows on the drainage strategy drawing to be submitted are required; • Clarification of discharge rates across the drainage network, including a final discharge rate to the watercourse. With regards to the control of surface water discharges from greenfield sites, post development discharges are required to provide 20% betterment over pre development discharges for both peak flow and volume; • Calculations to demonstrate that the proposed drainage design provides a sufficient level of water treatment to prevent pollution of the receiving watercourse; • Soakage tests in accordance with BRE 365 to determine whether infiltration is feasible; https://www.gov.uk/planning-inspectorate 18
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 • Clear arrangements for the ownership and ongoing maintenance of the drainage system, including of SuDS features; • Drainage arrangements during the construction phase. Development shall be implemented and thereafter retained in full accordance with the approved details. 7) No development (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition) shall commence within the residential development hereby permitted, until Steps (i) to (iii) below have been fully complied with. If unexpected contamination is found after development has begun, development shall be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until step (iv) has been complied with in full in relation to that contamination. Step (i) Site Characterisation: An investigation and risk assessment shall be completed to assess the nature and extent of any contamination (including asbestos) on the site, whether or not it originates on the site.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The investigation and risk assessment shall be undertaken by competent persons and a written report of the findings submitted to and approved in writing by the Local Planning Authority. The report of the findings shall include: • A survey of the extent, nature and scale of contamination on site; • The collection and interpretation of relevant information to form a conceptual model of the site, and a preliminary risk assessment of all the likely pollutant linkages; • If the preliminary risk assessment identifies any potentially significant pollutant linkages a ground investigation shall be carried out, to provide further information on the location, type and concentration of contaminants in the soil and groundwater and other characteristics that can influence the behaviour of the contaminants; • An assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwater and surface waters, ecological systems, archaeological sites and ancient monuments.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith This shall be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and other authoritative guidance. Step (ii) Submission of Remediation Scheme: If any unacceptable risks are identified as a result of the investigation and assessment referred to in Step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use shall be prepared. This shall detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment and be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and https://www.gov.uk/planning-inspectorate 19
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 remediation criteria, a timetable of works and site management procedures. Step (iii) Implementation of Approved Remediation Scheme: The approved remediation scheme under Step (ii) shall be carried out in accordance with its requirements. The Local Planning Authority shall be given at least two weeks written notification of commencement of the remediation scheme works. Step (iv) Reporting of Unexpected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be undertaken in accordance with the requirements of Step (i) above and where remediation is necessary, a remediation scheme shall be prepared in accordance with the requirements of Step (ii) and submitted to and approved in writing by the Local Planning Authority. 8) No development shall commence within the residential development hereby permitted until an Air Quality Assessment (AQA) or Screening Assessment report has been submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith This shall quantify the effect of the development on existing local authority air quality monitoring locations and sensitive receptors and identify and make adjustments for all Core Strategy based development in the development’s locality. Use of CURED data in the AQA is expected along with any other currently accepted approaches to AQA. Development shall be implemented in accordance with the approved details. 9) No development, including vegetation removal and demolition, shall commence within the residential development hereby permitted until a Biodiversity Mitigation and Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include, but not be limited to, the location and specification of bird and bat boxes, hedgehog highways, and reptile hibernacula to be installed. The building elevation plans, where relevant, shall be updated to show the indicative locations of any integrated mitigation features. The approved measures/features shall be implemented in full under the supervision of a professional ecologist prior to the first occupation of the residential development hereby permitted and thereafter retained.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 10) No development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, shall commence within the residential development hereby permitted until a Construction Ecological Management Plan (CEcMP) has been submitted to and approved in writing by the Local Planning Authority. The CEcMP shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following: • Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, such as exclusion fencing; https://www.gov.uk/planning-inspectorate 20
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 • Working method statements for protected/priority species, such as nesting birds and reptiles; • Mitigation strategies, insofar as relevant to pre- construction/construction activities, already agreed with the Local Planning Authority prior to determination, such as for great crested newts, dormice and bats; • 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 the Site Manager and ecologist/ECoW); • Timeframe for provision of compliance report to the Local Planning Authority, to be completed by the ecologist/ECoW and to include photographic evidence. Development shall be implemented in full accordance with the approved CEcMP. 11) No development shall commence within the residential development hereby permitted until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The LEMP shall include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets. The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan shall be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details. 12) No development shall commence within the residential development hereby permitted until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details. 13) Prior to the commencement of development above slab level within the residential development hereby permitted, a Sustainability and Energy Statement shall be submitted to and approved in writing by the Local Planning Authority. The Statement shall include where relevant (but not be limited to) details of: • Unregulated energy use and unregulated emissions; https://www.gov.uk/planning-inspectorate 21
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 • Air source heat pumps; • Heating and hot water systems; • Refrigerant leak detection and monitoring; • Photovoltaic system specifications; • Overheating and any associated mitigation; • The power output of EV charging points. Development shall be implemented and thereafter retained in full accordance with the approved details. 14) Prior to the commencement of development above slab level within the residential development hereby permitted, details and samples of the roofing, external facing materials and windows to be used shall be submitted to and approved in writing by the Local Planning Authority. Development shall be implemented in full accordance with the approved details.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 • Air source heat pumps; • Heating and hot water systems; • Refrigerant leak detection and monitoring; • Photovoltaic system specifications; • Overheating and any associated mitigation; • The power output of EV charging points. Development shall be implemented and thereafter retained in full accordance with the approved details. 14) Prior to the commencement of development above slab level within the residential development hereby permitted, details and samples of the roofing, external facing materials and windows to be used shall be submitted to and approved in writing by the Local Planning Authority. Development shall be implemented in full accordance with the approved details.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 15) Notwithstanding the boundary enclosure details shown on approved plan Ref: PURT-15-04-04-A, prior to the commencement of development above slab level within the residential development hereby permitted, full details of all boundary and hard landscape surface treatments (including within the Public Open Space area and to the boundaries surrounding the retained Widham Farm), including proposed levels and any soil retention/retaining walls that may be required, together with a supporting schedule of proposed manufacturer hard landscape materials and site furniture products shall be submitted to and approved in writing by the Local Planning Authority. Development shall be implemented and thereafter retained in full accordance with the approved details. 16) Prior to the commencement of development above slab level within the residential development hereby permitted, plans and particulars for Public Open Space areas, to illustrate detailed design, seating amenity, and a key viewpoint seating area, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be implemented and thereafter retained in full accordance with the approved details.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 17) Prior to the commencement of development above slab level within the residential development hereby permitted, an Acoustic Report shall be submitted to and approved in writing by the Local Planning Authority. The Report shall demonstrate that the internal and external amenity standards of BS8233:2014 ‘Guidance on sound insulation and noise reduction for buildings’ (or any subsequent version) and ‘WHO Guidelines for Community Noise’ (1999) can be achieved within the development. The Report shall include full details of any scheme of mitigation required to achieve this which if approved must be implemented in full and maintained in that way in perpetuity. For the avoidance of doubt, an Acoustic Consultant is expected to be engaged to carry out a background noise survey and noise assessment according to BS8233: 2014 (or any subsequent version) and demonstrate that internal and external noise levels shall not exceed the guideline noise levels contained in Section 7.7 (table 4) of BS8233:2014. The Report shall also demonstrate that internal maximum noise levels in https://www.gov.uk/planning-inspectorate 22
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 bedrooms shall not normally exceed 45dB LAmax between the hours of 2300 and 0700. 18) No dwelling hereby permitted shall be occupied until a scheme of Ultra Low Energy Vehicle infrastructure has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to the first occupation of the residential development hereby permitted and thereafter retained. 19) No dwelling hereby permitted shall be occupied until a site-specific Low Emission Travel Plan (LETP) detailing how vehicle trips shall be minimised and sustainable travel to and from the site promoted has been submitted to and approved in writing by the Local Planning Authority. When producing the LETP, further opportunities for the promotion of low emission vehicles and alternative fuels shall be explored and the Council’s latest development-related Travel Plan Guidance shall be considered. 20) No dwelling hereby permitted shall be occupied until the scheme’s parking provision has been suitably provided and laid out in accordance with approved plan Ref: PURT-15-04-08-A.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Car parking spaces shall be properly consolidated and surfaced, shall be maintained and remain available for this use at all times thereafter, and shall not be used other than for the parking of vehicles or for the purpose of access. No final surface materials shall be laid until the exact details of the surfacing material to be used for the parking area and the demarcation of the parking bays have been submitted to and approved in writing by the Local Planning Authority. Development shall be implemented and thereafter retained in full accordance with the approved details. 21) No dwelling hereby permitted shall be occupied until the site’s access, including footpaths and turning spaces, has been completed in accordance with the details shown on Drawing P-19-1233 (Figure 6, Transport Assessment, Revision A, August 2022). Before each dwelling is occupied, it shall be provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and the existing highway.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 22) No dwelling hereby permitted shall be occupied until the visibility splays (2.4m x 60m and 43m) shown on Drawing P-19-1233 (Figure 6, Transport Assessment, Revision A, August 2022) have been provided with no obstruction to visibility at or above a height of 1m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter. 23) No dwelling hereby permitted shall be occupied until a Residential Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of implementation and monitoring, a walking route map, and safety advice regarding level crossings and details of improved signage and wayfinding features within the site in order to encourage the use of alternative walking routes within the local area, and shall be implemented in accordance with the agreed details. The results of the implementation and monitoring shall be made available to the Local Planning Authority on request, together with any changes to the plan arising from those results. The Travel Plan shall be made available to each dwelling prior to its first occupation. https://www.gov.uk/planning-inspectorate 23
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 24) No dwelling hereby permitted shall be occupied until details of the stopping up of all existing accesses (Widham Farm and Widham Grove), both pedestrian and vehicular, have been submitted to and approved in writing by the Local Planning Authority. That stopping up shall take place in accordance with the approved details within one month of the first occupation of the development. No later than one month after the first occupation of the development, the sole means of vehicular and pedestrian access to the development shall be as shown on the plans hereby approved. 25) Notwithstanding the details shown on approved plan Ref: PURT-15-04-02-A, no dwelling hereby permitted shall be occupied until a scheme (Private Access Scheme) to provide access to Widham Farm and Widham Grove has been submitted to and approved in writing by the Local Planning Authority. Prior to any stopping up of any existing access on to Station Road to vehicular traffic, the approved Private Access Scheme shall be implemented and made available for use.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 26) Full details of any additional external light fixture or fitting to be installed within the site that is not shown on approved plan Ref: WLC709-1300- 001-R0 shall be submitted to and approved in writing by the Local Planning Authority prior to its installation. Any additional lighting plan to be submitted shall detail existing and proposed new lighting. Development shall be implemented and thereafter retained in full accordance with the approved details. 27) No retained tree(s) shall be cut down, uprooted or destroyed, nor shall any retained tree(s) be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance with British Standard 3998: 2010 ‘Tree Work – Recommendations’ or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practice. If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, of a size and species and at a time that shall be agreed in writing with the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith This requirement has effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later. During construction, no fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows on adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land. For the purposes of this condition, ‘retained tree’ means an existing tree which is to be retained in accordance with the approved plans and particulars. https://www.gov.uk/planning-inspectorate 24
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith This requirement has effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later. During construction, no fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows on adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land. For the purposes of this condition, ‘retained tree’ means an existing tree which is to be retained in accordance with the approved plans and particulars. https://www.gov.uk/planning-inspectorate 24
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 Schedule of Conditions – outline planning permission for 0.72Ha of employment land 1) Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 2) The employment development hereby permitted shall be carried out only in accordance with the following approved plans: PURT-15-04-01-A; 210118_WSV_GA_001-E (insofar as it depicts access to the employment land). 3) For development within the employment land hereby permitted, approval of the details of the layout, scale and appearance of the buildings and the landscaping (including boundary treatment, soft and hard landscaping works) (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced on the part of the site covered by this outline permission save for Enabling Works. The development shall be implemented in accordance with the approved details.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith For the purposes of this condition, ‘Enabling Works’ means demolition of dwellings and any buildings, site clearance, archaeological investigation to accord with Condition 6, investigations for assessing ground conditions, remedial work in respect of any land contamination, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, ecological mitigation measures, offsite highway works and such other enabling works as the Local Planning Authority shall agree in writing. 4) The employment development hereby permitted in outline shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 5) No development, including any demolition of existing buildings or clearance of vegetation, shall commence within the employment land hereby permitted until a Demolition and Construction Management Plan (DCMP) has been submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The DCMP shall be complied with at all times during demolition and construction and shall include (but not be limited to): • Processes for keeping local residents and businesses informed of works being carried out and dealing with complaints; • Details of all demolition and construction hours; • Confirmation that deliveries/removal of plant, equipment, machinery and waste from the site shall must only take place within the permitted demolition and construction hours; • Details of wheel washing facilities and measures to control the migration of mud from the site by vehicles during construction; • Details of mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites to be used to minimise noise disturbance from demolition and construction works; • Confirmation that, where piling is required, continuous flight auger piling shall be used wherever practicable to minimise impacts; https://www.gov.uk/planning-inspectorate 25
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 • Procedures for emergency deviation of the agreed working hours, including 24 hour emergency contact information; • Control measures for dust and other air-borne pollutants, to be incorporated into a dust management plan in order to minimise the impacts of construction dust; • Measures for controlling the use of site lighting whether required for safe working or for security purposes; • Details of locations for the storage of all plant, machinery and materials including oils and chemicals to be used in connection with the construction of the development; • Measures to control, remove and recycle spoil and wastes resulting from demolition and construction works; • Access and traffic arrangements for construction vehicles, to include a lorry and construction routing schedule confirming that access to the site shall be routed from the north via the B4553; • Details of adequate provision of fuel oil storage, landing, delivery and use, and how any spillage shall be dealt with and contained; • Details of adequate provision for contractor and visitor parking; • Contact details of the main contractor; • Details of pedestrian, cyclist and horse rider protection, including measures to
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith ensure satisfactory access and movements for occupiers of neighbouring properties; • Details of any proposed temporary traffic restrictions; • Arrangements for turning facilities on site, including swept path analysis showing access for the largest vehicles to regularly access the site and measures to ensure adequate space is available; • Arrangements to receive abnormal loads or unusually large vehicles; • Arrangements for the loading and unloading of equipment and materials; • Details of the location and use of generators and any temporary site accommodation; • Details of the erection and maintenance of security hoardings, including decorative displays and facilities for public viewing where appropriate; • Confirmation that there shall be no burning undertaken on site at any time.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 6) No development shall commence within the residential development hereby permitted until the approved programme of archaeological work, as detailed in the agreed Written Scheme of Investigation for Archaeological Strip, Map and Sample Excavation and Trial Trench Evaluation (November 2022), has been carried out in accordance with the approved details. The work shall be carried out to accordance with the standards and guidelines for archaeological field evaluation as set out by the Chartered Institute for Archaeologists (CIfA) and the standards and guidelines for Strip, Map and Record excavations as set out by the CIfA. 7) No development shall commence within the employment land hereby permitted until an updated Arboricultural Impact Assessment, to include an Arboricultural Method Statement and Tree Protection Plan has been submitted to and approved in writing by the Local Planning Authority. Development shall be implemented in accordance with the approved details. https://www.gov.uk/planning-inspectorate 26
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 8) No development (excluding enabling works) shall commence within the employment land hereby permitted until details of surface water drainage have been submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 8) No development (excluding enabling works) shall commence within the employment land hereby permitted until details of surface water drainage have been submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The details to be submitted shall include: • Sufficient attenuation to demonstrate that the 1 in 100 year plus climate change rainfall event does not cause flooding to any building (including a basement) or utility plant; • Hydraulic Models with MADD factor / additional storage volume factor set to 0m3/ha in order to prevent an overestimation of storage capacity in the proposed drainage network; • Calculations that include a +10% allowance on impermeable areas in order to account for Urban Creep in accordance with current LASOO Guidance; • Confirmation that the above hydraulic parameters are met when considering a surcharged outfall, as a result of the proposed discharge to the watercourse; • Demonstration that the attenuation volumes are sized to manage any circumstances where existing flood risk overlaps with any attenuation basins proposed; • Demonstration that the site has been designed to ensure that flows in excess of the 1 in 100 year rainfall event are managed in exceedance routes that minimise the risks to people and property.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Provision of exceedance flows on the drainage strategy drawing to be submitted are required; • Clarification of discharge rates across the drainage network, including a final discharge rate to the watercourse. With regards to the control of surface water discharges from greenfield sites, post development discharges are required to provide 20% betterment over pre development discharges for both peak flow and volume; • Calculations to demonstrate that the proposed drainage design provides a sufficient level of water treatment to prevent pollution of the receiving watercourse; • Soakage tests in accordance with BRE 365 to determine whether infiltration is feasible; • Clear arrangements for the ownership and ongoing maintenance of the drainage system, including of SuDS features; • Drainage arrangements during the construction phase. Development shall be implemented and thereafter retained in full accordance with the approved details. 9) No development (other than that required to be carried out as part of a scheme of remediation approved by the Local Planning Authority under this condition) shall commence within the employment land hereby permitted, until Steps (i) to (iii) below have been fully complied with.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith If unexpected contamination is found after development has begun, development shall be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning https://www.gov.uk/planning-inspectorate 27
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith If unexpected contamination is found after development has begun, development shall be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning https://www.gov.uk/planning-inspectorate 27 Appeal Decision APP/Y3940/W/24/3347445 Authority in writing until step (iv) has been complied with in full in relation to that contamination. Step (i) Site Characterisation: An investigation and risk assessment shall be completed to assess the nature and extent of any contamination (including asbestos) on the site, whether or not it originates on the site. The investigation and risk assessment shall be undertaken by competent persons and a written report of the findings submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 Authority in writing until step (iv) has been complied with in full in relation to that contamination. Step (i) Site Characterisation: An investigation and risk assessment shall be completed to assess the nature and extent of any contamination (including asbestos) on the site, whether or not it originates on the site. The investigation and risk assessment shall be undertaken by competent persons and a written report of the findings submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The report of the findings shall include: • A survey of the extent, nature and scale of contamination on site; • The collection and interpretation of relevant information to form a conceptual model of the site, and a preliminary risk assessment of all the likely pollutant linkages; • If the preliminary risk assessment identifies any potentially significant pollutant linkages a ground investigation shall be carried out, to provide further information on the location, type and concentration of contaminants in the soil and groundwater and other characteristics that can influence the behaviour of the contaminants; • An assessment of the potential risks to human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwater and surface waters, ecological systems, archaeological sites and ancient monuments. This shall be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and other authoritative guidance.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Step (ii) Submission of Remediation Scheme: If any unacceptable risks are identified as a result of the investigation and assessment referred to in Step (i) above, a detailed remediation scheme to bring the site to a condition suitable for the intended use shall be prepared. This shall detail the works required to remove any unacceptable risks to human health, buildings and other property and the natural and historical environment and be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. Step (iii) Implementation of Approved Remediation Scheme: The approved remediation scheme under Step (ii) shall be carried out in accordance with its requirements. The Local Planning Authority shall be given at least two weeks written notification of commencement of the remediation scheme works. Step (iv) Reporting of Unexpected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it shall be reported in writing immediately to the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith An investigation and risk assessment shall be undertaken in accordance with https://www.gov.uk/planning-inspectorate 28
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith An investigation and risk assessment shall be undertaken in accordance with https://www.gov.uk/planning-inspectorate 28 Appeal Decision APP/Y3940/W/24/3347445 the requirements of Step (i) above and where remediation is necessary, a remediation scheme shall be prepared in accordance with the requirements of Step (ii) and submitted to and approved in writing by the Local Planning Authority. 10) No development shall commence within the employment land hereby permitted until an assessment of the acoustic impact arising from plant, machinery and commercial vehicle movements associated with Class E Uses has been undertaken in accordance with BS 4142: 2019 and submitted to and approved in writing by the Local Planning Authority. The assessment to be submitted shall be accompanied by a scheme of attenuation measures to demonstrate the rated level of noise shall be 5dB below background and protective of local amenity. Background levels are to be taken as a 15 minute LA90 at the boundary of the nearest residential noise-sensitive receptors. Any approved attenuation measures shall be implemented prior to the first occupation of the development and thereafter shall be permanently retained.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith For the avoidance of doubt, an Acoustic Consultant is expected to be engaged to carry out a thorough background noise survey and noise assessment in accordance with BS4142:2019 (or any subsequent version) and demonstrate that the rated noise level is at least 5dB below the background noise level. A post installation noise assessment shall be carried out within three months of the first occupation of the development (or other timeframe to be agreed in writing with the Local Planning Authority) to confirm compliance with the agreed noise criteria and any additional steps required to achieve compliance shall be taken, as necessary. 11) No development shall commence within the employment land hereby permitted until an Air Quality Assessment (AQA) or Screening Assessment report has been submitted to and approved in writing by the Local Planning Authority. This shall quantify the effect of the development on existing local authority air quality monitoring locations and sensitive receptors and identify and make adjustments for all Core Strategy based development in the development’s locality. Use of CURED data in the AQA is expected along with any other currently accepted approaches to AQA.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Development shall be implemented in accordance with the approved details. 12) No development, including vegetation removal and demolition, shall commence within the employment land hereby permitted until a Biodiversity Mitigation and Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include, but not be limited to, the location and specification of bird and bat boxes, hedgehog highways, and reptile hibernacula to be installed. The building elevation plans, where relevant, shall show the indicative locations of any integrated mitigation features. The approved measures/features shall be implemented in full under the supervision of a professional ecologist prior to the first occupation of the employment land hereby permitted and thereafter retained. 13) No development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, shall commence within the employment land hereby permitted until a Construction Ecological Management Plan (CEcMP) has been submitted to https://www.gov.uk/planning-inspectorate 29
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The CEcMP shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following: • Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, such as exclusion fencing; • Working method statements for protected/priority species, such as nesting birds and reptiles; • Mitigation strategies, insofar as relevant to pre- construction/construction activities, already agreed with the Local Planning Authority prior to determination, such as for great crested newts, dormice and bats; • 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 the Site Manager and ecologist/ECoW); • Timeframe for provision of compliance report to the Local Planning Authority, to be completed by the ecologist/ECoW and to include photographic evidence.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Development shall be implemented in full accordance with the approved CEcMP. 14) No development shall commence within the employment land hereby permitted until a Landscape and Ecology Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The LEMP shall include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets. The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan shall be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details. 15) Prior to the commencement of development above slab level within the employment land hereby permitted, a Sustainability and Energy Statement shall be submitted to and approved in writing by the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The Statement shall include where relevant (but not be limited to) details of: • Unregulated energy use and unregulated emissions; • Air source heat pumps; • Heating and hot water systems; • Refrigerant leak detection and monitoring; • Photovoltaic system specifications; https://www.gov.uk/planning-inspectorate 30
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith The Statement shall include where relevant (but not be limited to) details of: • Unregulated energy use and unregulated emissions; • Air source heat pumps; • Heating and hot water systems; • Refrigerant leak detection and monitoring; • Photovoltaic system specifications; https://www.gov.uk/planning-inspectorate 30
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 • Overheating and any associated mitigation; • The power output of EV charging points. Development shall be implemented and thereafter retained in full accordance with the approved details. 16) Prior to the commencement of development above slab level within the employment land hereby permitted, details and samples of the roofing, external facing materials and windows to be used shall be submitted to and approved in writing by the Local Planning Authority. Development shall be implemented in full accordance with the approved details. 17) Prior to the commencement of development above slab level within the employment land hereby permitted, a scheme for all permanent external lighting, including details of the lighting specification, the siting of lighting columns/posts and a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented and thereafter retained in full accordance with the approved scheme.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith 18) The employment land hereby permitted shall not be open to customers outside the following hours: 0700 to 1800 Monday to Friday, 0800 to 1300 hours Saturday, and no opening to customers shall occur on Sunday and Bank Holidays. 19) The employment land hereby permitted shall not operate outside the following hours: 0700 to 1900 Monday to Friday, 0800 to 1300 hours Saturday, and no operation shall be carried out on Sunday and Bank Holidays. 20) No deliveries pursuant to the employment land hereby permitted shall occur at the site outside of the following hours: 0700 to 1900 hours Monday to Saturday and 0900 to 1800 hours on Sunday and Bank Holidays. 21) The plans and particulars to be submitted for the reserved matters in relation to the employment land shall include a scheme of landscaping that provides details of: all existing trees and hedgerows on the land including any to be retained, together with measures for their protection during the course of the development; proposed planting (and times of planting); boundary treatments and areas of hard surfacing.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith For the avoidance of doubt, the said proposed planting shall specify the location, species, stock size, planting centres and quantities of all proposed tree and structure planting and details of landscape management for a period of 10 years, supported by an implementation specification including tree pit details. Development shall be carried out in accordance with the agreed details, with proposed planting to be implemented in the first available planting season following completion of construction works. 22) The employment land hereby permitted shall only be used for Class E(c)(i),(ii); E(e); or E(g)(i), and shall not be used for any other purpose whatsoever, including for any other purpose falling within Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). https://www.gov.uk/planning-inspectorate 31
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 23) All off-street parking facilities for employment units shall be provided with electrical charging points retained satisfactorily for that purpose. The employment land shall offer a minimum provision of one electric vehicle charging point per building and one in every five of the remaining parking spaces shall be provided with passive infrastructure including cable routes to provide future utility for electric vehicle charging. 24) No retained tree(s) shall be cut down, uprooted or destroyed, nor shall any retained tree(s) be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance with British Standard 3998: 2010 ‘Tree Work – Recommendations’ or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practice. If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, of a size and species and at a time that shall be agreed in writing with the Local Planning Authority.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith This requirement has effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later. During construction, no fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows on adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land. For the purposes of this condition, ‘retained tree’ means an existing tree which is to be retained in accordance with the approved plans and particulars.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith This requirement has effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later. During construction, no fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows on adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land. For the purposes of this condition, ‘retained tree’ means an existing tree which is to be retained in accordance with the approved plans and particulars.
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith DOCUMENTS RECEIVED DURING THE HEARING Site Planning Layout, Ref A_101 PL12, dated December 2020, superseded plan submitted for information purposes by the appellant Latest available draft legal agreement and associated Summary Note, submitted by the appellant Written submissions of Cllr Jacqui Lay, accompanied by appendices and separate written submissions from local residents (Mr Kitchen, Mr Hutchins, and Ms Fish) DOCUMENTS RECEIVED AFTER THE HEARING List of new or amended conditions, submitted via email by the appellant on 31 October 2024 Completed legal agreement, dated 13 November 2024, submitted via email by the appellant and the Council on 13 November 2024 https://www.gov.uk/planning-inspectorate 32
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith DOCUMENTS RECEIVED DURING THE HEARING Site Planning Layout, Ref A_101 PL12, dated December 2020, superseded plan submitted for information purposes by the appellant Latest available draft legal agreement and associated Summary Note, submitted by the appellant Written submissions of Cllr Jacqui Lay, accompanied by appendices and separate written submissions from local residents (Mr Kitchen, Mr Hutchins, and Ms Fish) DOCUMENTS RECEIVED AFTER THE HEARING List of new or amended conditions, submitted via email by the appellant on 31 October 2024 Completed legal agreement, dated 13 November 2024, submitted via email by the appellant and the Council on 13 November 2024 https://www.gov.uk/planning-inspectorate 32
Widham Farm, Purton, Swindon, SN5 4HD — Wiltshire Council — Andrew Smith Appeal Decision APP/Y3940/W/24/3347445 APPEARANCES FOR THE APPELLANT: Paul Tucker KC Counsel Stephen Harris Managing Director, Emery Planning Partnership Wendy Lancaster Director of Landscape Planning, Tyler Grange Group Ltd James Gregory Partner, Alder King LLP Katie Stock Director – Transport, Pegasus Group Hannah Armstrong Director – Heritage, Pegasus Group Leigh Fotiadis Director, thinkurban Architecture and Civil Engineering Julian Arthur Ecology, Tyler Grange Group Ltd FOR THE LOCAL PLANNING AUTHORITY: Philip Robson Counsel Olivia Tresise Senior Planning Officer Ian Fry Highways INTERESTED PARTIES: Jacqui Lay Wiltshire Councillor for Purton and Braydon Geoff Greenway Purton Parish Council Richard Pagett Local resident Mike Stannard Local resident Tim Collier Local resident Karen Reader Local resident Gary Reader Local resident https://www.gov.uk/planning-inspectorate 33
Main issues and findings
Green belt Against appellant ¶8-13
The site is situated outside of Purton's defined limits of development and is not allocated for residential or employment development. The proposals would compromise the character of the countryside to some degree.
Character and appearance For appellant ¶14-19
The scheme's adverse landscape effects would be of a constrained and tempered nature, and the quality of distinctive public views would be maintained in compliance with Purton Policy 5.
Ecology and biodiversity For appellant ¶50-51
The proposals would have an acceptable effect upon biodiversity and ecological features, and the site layout has been informed by ecological considerations to ensure the retention and protection of the most important ecological features on site.
Other For appellant ¶39-44
The proposals would not have a material impact on the operation of various junctions, and the site has satisfactory access to facilities and services.
Flood risk For appellant ¶45-49
The drainage system that is intended would incorporate multiple designated attenuation areas where excess surface water would be stored and discharged from the site at a controlled rate into the unnamed stream.
Other Against appellant ¶29-38
The proposals would cause less than substantial harms to the significance of Widham Farmhouse and to the significance of Widham Grove through development within their settings.
Planning obligations For appellant ¶56-59
The legal agreement secures the on-site provision of 40% affordable housing, on-site Public Open Space, and contributions towards off-site sports facilities, Early Years education, public art, waste and recycling equipment, public right of way route improvements, canal restoration, rail crossing signage, and public transport facilities.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Determinative |
| Core Policy 1 of the Wiltshire Core Strategy |
Substantial |
| Core Policy 34 of the CS |
Substantial |
| Core Policy 43 of the CS |
Substantial |
| Core Policy 52 of the CS |
Substantial |
| Core Policy 58 of the CS |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 33 pages, issued by the Planning Inspectorate on 20 November 2024 under the Open Government Licence.