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Contentious Housing Plan Record Oppostion
(June 15, 2021)Warminster town council has stepped up its opposition to a proposal to build houses on land neighbouring Damask Way that has attracted thousands of signatures on a petition to county hall councillors.
“This planning application is one of the most contentious I have experienced in nearly 16 years as a councillor during the 1990’s and early 2000’s, during which time I was the Chairman of the Planning Committee at West Wilishire District Council,” said Cllr. John Syme.
“The permission granted to the developers is in my opinion unsafe.
“Having read the file on this application it is clear to me that local and other objectors including this Town Council have not been taken seriously.”
Councillor Syme, moments earlier elected chairman, produced the longest list of objections seen in decades, eighteen, to the ‘reserved matters’ being debated that the town council planning advisory committee last evening.
“The environment adjoining the proposed site and beyond is at grave risk of being affected by the development. Natural habitats, wildlife including badgers, toads and bats will be seriously affected as will the Smallbrook Meadows and the River Avon SSSI .
He argued that both sites are sensitive and liable to be adversely impacted on by any development and by the risk of phosphorus that is generated by houses.
“I wish to move the following objections to this development,” proposed Cllr. Syme which were unanimously endorsed.
He read out the objections watched by Iain Perkins from Sustainable Warminster who had presented their case to councillors.
“The development would have an adverse impact on the local environment,” said Cllr. Syme.
“The impact on the badger population and the removal of four setts would have a serious impact on the badger population and the natural value of the area.
“The destruction of the four badger setts to accommodate the building of houses would contravene S3 of the Protection of Badgers Act 1992, Para 175 of the National Planning Policy Framework 2018 and Schedule six of the Wildlife and Coungtryside Act 1981, as amended.
“The loss of dark sky at night will have an adverse impact on wildlife.
“The impact of light pollution from artificial light on amenity, dark landscapes and nature conservation which would be generated from this proposed development is contrary to Para 180(c) of the National Planning Policy Framework 2018.
“The extra vehicle movements on Damask Way, Upper Marsh Road and Lower Marsh Road would add to the danger to pedestrians including the elderly, mothers with prams and children who use these roads on a daily basis.
“The increase in Phosphorus generated by the proposed 28 new homes would increase the levels of phosphorus above the legal limit.
“Run off from the site containing Phosphorus would have a serious impact on the Smallbrook Meadows , Local Nature Reserve and the River Avon Special area for conservation and the River Avon SSSI.
“The proposed retaining wall is far too high and is out of character for the area.
“The Design and Access Statement provided by the developers focuses only on the landscape within and immediately around the application site, rather than the appearance of the proposed development in the wider landscape context and the impact on that landscape context of the Cranbourne Chase and West Wiltshire Downs AONB.
Biodiversity
“This application does not comply with Paragraph 170 of the National Planning Policy Framework 2019 which states that planning policies and decisions should contribute to and enhance the natural and local environment by protecting and enhancing valued landscape such as the Cranborne Chase and West Witshire Downs AONB.
“This Planning Application does not deliver a net Biodiversity Gain, instead it imposes an additional adverse impact through encroaching urbanization directing on to an enormously important local asset, Smallbrook Meadows Nature Reserve and close by internationally important Avon and Wylye rivers system and SSSI.
“This Planning application is unsafe as it fails to provide an appropriate assessment under the Habitats Regulation. Both Natural England and the Wiltshire Councils own Ecologist state that to proceed with this development until the assessment has been carried out and the mitigation measures agreed, approval would be unlawful.
“Objection is raised on the ground that Wiltshire Council Planning Authority cannot rule out or guarantee that significant adverse effects arising from the proposal will impact seriously on the surrounding areas, habitats and the SSSI and Nature Reserve.
“Objection is raised at the potential loss of unimproved lowland dry acid grassland which is a habitat of principal importance for conserving biodiversity including insects.
“Objection is raised that there is a very real risk that the Landscape and Ecological Management Plan (LEMP) will not be delivered by the developer. The Warminster Town Council Planning Advisory Committee asks that the Wiltshire Council ensures the delivery of the LEMP is legally enforceable.
“The Planning Advisory Committee objects on road safety grounds. Upper Marsh Road at the point where the access road leaves the development site is narrow with no safe passing areas until the junction with Lower Marsh Road. The road is used by walkers including school children who use the route from Kingdown School to their homes in the west side of Warminster, and pedal cyclists.
“Objection is made that the development would have an adverse impact on the setting of a Grade11 listed building, namely Turnpike Cottage. the Planning Authority have a statutory obligation to ‘have special regard ‘ of the desirability of preserving the setting of a listed building. Considerable importance and weight be given on preserving the setting.
“The decision maker has to concentrate on the surroundings in which the listed building asset is experienced over time, and also that the way in which the listed building can be experienced is not limited only to the sense of sight. The surroundings of the asset are its physical surroundings.”