Agenda item

Outline planning application for up to 365 No. dwellings with all matters reserved except access, with access served from Park Road and Collyer Road.

 

George Breed, a representative of the applicant, spoke in support of the application.

 

The Service Manager – Development Services clarified that the report stated that the bus service improvements were to enhance the 747 service and recommended that this was amended to also permit the contribution to be expended on any alternative bus service serving the site.

 

After discussion and on the requisition of two Members, the motion to grant planning permission was put to a named vote and the motion was carried.

 

For the Motion:
Councillor C Barnfather	Councillor J Creamer
Councillor D Ellis	Councillor R Ellis
Councillor A Ellwood	Councillor R Keneally
Councillor M Lawrence	Councillor McCrossen
Councillor B Miller	Councillor M Paling
Councillor J Parr	Councillor S Smith
Councillor J Truscott	Councillor P Wilkinson

 

Against the Motion:
Councillor M Hope
Abstentions:
Councillor H Wheeler

 

RESOLVED to:

 

Grant Outline Planning Permission with the matter of Access approved: Subject to the applicant entering into a Section 106 Agreement with the Borough Council as Local Planning Authority and with the County Council as Local Education Authority for the provision of, or financial contributions towards, affordable housing, open spaces, healthcare facilities, education, bus stop improvements, bus service improvements, maintenance of open space areas and drainage features not adopted or within the curtilage of the dwellings and a local labour agreement; and subject to the conditions listed for the reasons set out in the report.

 

Conditions

 

 1         Approval of the details of layout, scale, landscaping and appearance (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority before the commencement of any development.

 

 2         Application for the approval of reserved matters must be made not later than three years from the date of the outline permission and the development to which this permission relates must be begun within two years from the date of final approval of reserved matters.

 

 3         This permission shall be read in accordance with Site Location Plan drawing no 7043-L-01 Rev A; Illustrative Layout drawing no 7403-L096 Rev J (With regards to the accesses onto Park Road and Collyer Road and new proposed footway along Park Road only); Proposed Park Road Access and Fire Appliance Swept Path Analysis drawing no 001 and Proposed Collyer Road  Access and Fire Appliance Swept Path Analysis drawing no 002  received 25th June 2019. Development shall thereafter be undertaken in accordance with these plans.

 

 4         Prior to the commencement of development details of the existing and proposed ground levels of the site and finished floor levels of the dwellings shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details.

 

 5         Development shall not commence until a scheme for the satisfactory disposal of foul and surface water from the site has been submitted to, and approved in writing by, the Local Planning Authority. No part of the development shall then be occupied or brought into use until the approved foul and surface water drainage works are completed in accordance with the approved scheme.

 

 6         Unless otherwise agreed by the Local Planning Authority, development must not commence until the following has been complied with:

 

Site Characterisation

An assessment of the nature and extent of any potential contamination has been submitted to and approved in writing by the Local Planning Authority.  This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site.  Moreover, it must include; a survey of the extent, scale and nature of contamination and; an assessment of the potential risks to: human health, property, adjoining land, controlled waters, ecological systems, archaeological sites and ancient monuments.

 

Submission of Remediation Scheme

Where required, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) should be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures.

 

In the event that remediation is required to render the development suitable for use, the agreed remediation scheme shall be implemented in accordance with the approved timetable of works. 

 

Prior to occupation of any building(s) a Verification Report (that demonstrates the effectiveness of the remediation carried out) must be submitted and approved in writing by the Local Planning Authority.

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.  An assessment must be undertaken in accordance with the requirements above, and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

 

 7         No development shall commence on site in connection with the development hereby approved (including, tree works, fires, soil moving, temporary access construction and / or widening or any operations involving the use of motorised vehicles or construction machinery) until a detailed Arboricultural Method Statement (AMS) in accordance with BS5837:2012 Trees in relation to design, demolition and construction has been submitted to and approved in writing by the Local Planning Authority and any protective fencing is erected as required by the AMS. The AMS shall include full details of the following:

a) Timing and phasing of Arboricultural works in relation to the approved development.

b) Details of a tree protection scheme in accordance with BS5837:2012: which provides for the retention and protection of trees, shrubs and hedges on and adjacent to the site.

c) Details of any construction works required within the root protection area of trees, hedges or shrubs on and adjacent to the site, as defined by BS5837:2012.

d) Details of the arrangements for the implementation, supervision and monitoring of works required to comply with the arboricultural method statement.

 

The development shall thereafter be undertaken in accordance with the approved Arboricultural Method Statement.

 

 8         Prior to commencement of any above ground construction works, details of Electric Vehicle charging points to be provided at each dwelling, to include their location and specification shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details prior to the first occupation of the development.

 

 9         Prior to commencement of the development a site specific Construction Environmental Management Plan (CEMP) for minimising the emission of dust and other emissions to air during the site preparation and construction shall be submitted to and approved in writing by the Local Planning Authority. The approved CEMP shall be implemented throughout the construction works undertaken on site.

 

10        Prior to the erection of any external lighting (other than within the curtilages of the approved dwellings) there shall be submitted to and approved in writing by the Local Planning Authority details of all such lighting, including levels of illumination and a lux plot of the estimated luminance. Any lighting to be installed along the site boundaries should be kept to a minimum and directed away from the building and retained boundary features to maintain 'dark' areas and corridors. The external lighting shall be provided in accordance with the approved details and shall be retained as such thereafter for the lifetime of the development.

 

11        No above ground construction works shall commence until details of bat and bird boxes to be incorporated within the fabric of the buildings and/or within the site have been submitted to and approved in writing by the Local Planning Authority. The bat and bird boxes shall thereafter be provided in accordance with the approved details prior to the first occupation of the development hereby approved.

 

12        The reserved matters application for the development hereby permitted shall include detailed plans and particulars relating to the hedgerow replanting scheme to compensate for the loss of any existing hedgerow within the site. Details of the proposed arrangements for future management and maintenance of any hedgerows shall also be submitted. Thereafter, the scheme shall be implemented in full accordance with the approved details.

 

13        a) No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved in writing by the Local Planning Authority, and until all pre-start elements of the approved scheme have been completed to the satisfaction of the Local Planning Authority. The scheme shall include a statement of significance and research objectives; and:

i) The programme and methodology of site investigation and recording

ii) The programme for post investigation assessment

iii) Provision to be made for analysis of the site investigation and recording

iv) Provision to be made for publication and dissemination of the analysis and records of the site investigation

v) Provision to be made for the archive deposition of the analysis and records of the site investigation

vi) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation

b) The development shall not take place other than in accordance with the Written Scheme of Investigation for archaeological work approved under part a).

c) The new dwellings shall not be brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation for archaeological work approved under part a) and the provision to be made for analysis, publication and dissemination of results has been secured.

 

14        Prior to first occupation of the development hereby approved construction details of the proposed 2.0m wide footway on the northern side of Park Road along the sites frontage, as illustratively shown in outline on plan titled  Illustrative Layout drawing no 7403-L-06 Rev J, shall be submitted to and approved in writing by the Local Planning Authority. The approved footway arrangement and associated works shall thereafter be implemented prior to first occupation of the development hereby approved.

 

15        The development shall not be brought into use until the new junctions to serve the proposed development, as shown for indicative purposes only on Park Road and Collyer Road plans reference 'A114074 - 001 and 002 have been provided in accordance with detailed plans which are first to be submitted and approved in writing to the satisfaction of the Local Planning Authority.  

 

16        No above ground works shall take place until a Travel Plan has been submitted and approved in writing with the Local Planning Authority. The Travel Plan shall be implemented upon commence of the development hereby approved in with the provisions and timescales set out with the Travel Plan. 

 

17        No part of the development of any phase shall begin until details of the proposed landscaping and highway verges have been submitted and approved in writing by the Borough Council.  Details shall include location, species, size, a written specification including, grass seed mix, cultivation and grass establishment  as well as measures to prevent ingress of roots into the adjacent highway construction. Any trees shall be located such that they do not obscure visibility to vehicles accessing or using the adjacent highway.

 

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

 

a)  the means of access for demolition and construction traffic;

b)  parking provision for site operatives and visitors;

c)  the loading and unloading of plant and materials;

d)  the storage of plant and materials used in constructing the development;

e)  the erection and maintenance of security hoarding, including decorative displays and facilities for public viewing, where appropriate;

f)   wheel washing facilities (including full details of its specification and siting)

g)  measures to control the emission of dust and dirt during construction; and

h)   a scheme for recycling/disposing of waste resulting from and construction works.

i) a traffic management plan including lorry routeing, access and signage for the construction period

 

 

19.      No buildings shall be occupied until the associated parking areas and manoeuvring areas have been provided, drained and surfaced in accordance with the details that have been previously submitted to and approved in writing by the Borough Council. The facilities so provided shall not be used, thereafter, for any purpose other than the parking and manoeuvring of vehicles, unless otherwise agreed in writing by the Local Planning Authority.

 

 

Reasons

 

 1         To comply with the requirements of Section 92 of the Town and Country Planning Act 1990. The application is expressed to be in outline only in accordance with Article 5 of the Town and Country Planning (Development Management Procedure)(England) Order 2015.

 

 2         To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 

 3         To define the permission, for the avoidance of doubt.

 

 4         To ensure that the development does not have a detrimental impact upon visual amenity or upon the occupiers of adjacent dwellings.

 

 5         To ensure that the drainage scheme is appropriate to meet the needs of the site and the approved development.

 

 6         To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 178 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

 

 7         To ensure that existing trees and hedges are adequately protected.

 

 8         To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration paragraph 35 of the National Planning Policy Framework and policy LPD11 of the Councils Local Plan.

 

 9         To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration the National Planning Policy Framework and policy LPD11 of the Councils Local Plan

 

10        In the interests of protecting ecological interests

 

11        In the interests of protecting ecological interests.

 

12        In the interests of enhancing ecological provision on the site.

 

13        To safeguard any potential archaeological remains.

 

14.       In the interest of sustainable travel.

 

15.       In the interest of highway safety, and to ensure sufficient junction capacity to serve the development

 

16.       In the interest of sustainable travel.

 

17.       To ensure the proposed landscaping works do not compromise road safety

 

18.       In the interests of highway safety and to protect the amenities of the area

 

19.       To ensure adequate off-street parking provision is provided in connection with the development and to ensure surface water from the site is not deposited on the public highway.

 

 

 

Notes to Applicant

 

It is the responsibility of the developer to ensure that the provision of EV charging is adequately incorporated into the design of the development such that there are no health and safety matters arising from trailing cables in public areas.  If necessary cables may need to be placed beneath footpath areas and brought back to the surface nearer the parking areas.  The minimum requirement is an operational weatherproof 3 pin socket on a dedicated 16A circuit with an ability to isolate from inside the property for security reasons.  The developer is encouraged to consider upgrading the EV charging facilities to incorporate additional mode 3 charging capability as this will help future proof the development and improve its sustainability.

 

Severn Trent Water advises that there is a public sewer located within the application site. Public sewers have statutory protection by virtue of the Water Industry Act 1991 as amended by the Water Act 2003 and you may not build close to, directly over or divert a public sewer without consent. You are advised to contact Severn Trent Water to discuss your proposals. Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development. You may obtain copies of current guidance notes and application forms from their website (www.stwater.co.uk). Should you require any further information please contact Severn Trent Water directly.

 

The availability of the rights of way adjacent to and within the site must not be affected or obstructed in any way by the proposed development at this location unless subject to appropriate diversion or closure orders.

 

Western Power Distribution has electricity network within close proximity to this development, a full diversion would be required of the electricity assets at site.

 

With regards to the any future reserved matters application regarding landscaping, the proposed landscaping scheme should include the mitigation measures outlined within section 4 of the Ecological Appraisal dated May 2018.  

 

With regards to condition 9, the CEMP must be prepared with due regard to the guidance set out in the London Best Practice Guidance on the Control of Dust and Emissions from Construction and Demolition.

 

Any security lighting / floodlighting to be installed, shall be designed, located and installed so as not to cause a nuisance to users of the highway.  The details of any such lighting shall be submitted to and approved by the Local Planning Authority (together with a lux plot of the estimated luminance).

Reason: To protect drivers from uncontrolled light sources near the public highway

 

In order to carry out the off-site works required you will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which you have no control. In order to undertake the works you will need to enter into an agreement under Section 278 of the Act. Please contact the County Highway Authority for details.

 

The grant of planning permission for this development does not authorise the obstruction or the stopping up or diversion of this highway and an unlawful obstruction to the right of way/highway is a criminal offence and may result in the obstructing development being required to be removed

An application to stop up the highway can be made on behalf of the developer by Nottinghamshire County Council at the expense of the developer. This is a separate legal process and the Applicant should contact the County Highway Authority for details.

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

 

 

No vegetation clearance or ground works shall take place on site during the bird nesting season (1st March to 31st August inclusive in any given year), unless pre-commencement checks for nesting birds have been undertaken by an appropriately qualified ecologist.  If any nesting birds are found to be present, details of any proposed mitigation measures shall be submitted to and approved in writing by the Borough Council before the development commences. The mitigation measures shall be implemented in accordance with the approved details before development commences, unless otherwise prior agreed in writing by the Borough Council.