Agenda item

Planning Application 2018/0347 - Land between Mansfield Road and Calverton Road Arnold.

Minutes:

Outline planning application for up to 148 No. dwellings with all matters reserved except access.

 

Steve Wright, a local resident, spoke in objection to the application.

 

The Service Manager – Development Services, introduced the report and informed Members of an error at paragraphs 4.2 and 7.33 regarding the  education contributions, which incorrectly stated the contribution for secondary provision was £540,480,072.  This should read “… and a sum of £540,480 is sought for the cost of expansion of secondary school places at Redhill Academy – there would be a need for 24 new places at a cost of £22,520 per place.”

 

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 space, maintenance of open space areas and drainage features not adopted or within the curtilage of the dwellings, healthcare facilities, education, bus stop improvements 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 Amended Site Location Plan drawing no 002_A;  Indicative Site Layout (with regards to the proposed access and realigned Arch Hill); Amended Proposed Access Arrangements General Arrangements & Signalised Junction drawing no 17-0622/002 Rev B and Proposed Site Access Arrangements General Arrangement & Priority Accesses drawing no 17-062/003 (attached at Appendix B of Transport and Drainage Matters-Designers Response) received 26th November 2018.

 

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 dwelling 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 following the site characterisation assessment, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) shall 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.

 

 

7. 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 set out in Condition 6 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.

 

8. No development shall commence on site in connection with the development thereby approved (including demolition works, 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 - Recommendations 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 adjacent to the site.

c) Details of any construction works required within the root protection area of trees, hedges or shrubs 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.

 

 

9. No above ground works shall commence until a proposed replacement tree planting scheme has been submitted to and approved in writing by the Local Planning Authority to mitigate for the loss of any existing tree within the site. The specification shall include number, size, species, pit specification and positioning of all trees to be planted, how they will be planted and protected and when planting will occur. The tree planting shall be carried out in accordance with the approved scheme. Any of the trees planted in accordance with the approved specification which within 5 years from the completion of the development are removed or serious become damaged or diseased shall be replaced within the next planting season.

 

 

10. The reserved matters application for the layout of the development shall include detailed plans and particulars relating to the following items:

 

(i) A detailed layout plan of the site (for the avoidance of doubt the submitted the indicative site layout reference GA_101_E, shall be considered to be for indicative purposes only) which shall be accompanied by a swept path analyses of an 11.5m long refuse vehicle throughout the proposed highway to become adopted, considering the likelihood of on street parking;

 

(ii) Details of the proposed arrangements and plan for future management and maintenance of any proposed private roads;

 

(iii) Details of the proposed arrangements and plan for future management and maintenance of any hedgerows and other vegetation not within the curtilages of the proposed dwellings;

 

(iv) Any bin storage proposals located on any shared private drives.

 

Thereafter, the scheme shall be implemented in full accordance with the approved details.

 

 

11. No dwelling shall be occupied until such time as access to that dwelling has been provided in a bound material and the associated parking spaces have been provided in in a bound material (not loose gravel) and which shall be drained to prevent the unregulated discharge of surface water onto adjacent roads and footways.

 

12. Prior to commencement of any external 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.

 

 

13. Prior to commencement of the development a Construction Emission 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 CEMP must be prepared with due regard to the guidance set out in the IAQM Guidance on the assessment of dust from demolition and construction and include a site specific dust risk assessment. All works on site shall be undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Local Planning Authority.

 

 

14. 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. 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.

 

15. 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 prior to the first occupation of the development hereby approved.

 

  1. The development hereby approved and any subsequent reserved matters application shall be designed and completed in accordance with section 3 of the Confidential Badger Report relating to landscaping buffer and proposed habitats, protection measures and Monitoring.

 

  1. Prior to first occupation of the development hereby approved, construction details of the site access junction from the A60 Mansfield Road, as show in outline on plan titled: “Proposed Site Access Arrangements General Arrangements + Priority Accesses”, reference: 17-0622/003, shall be submitted to and approved in writing by the Local Planning Authority. The approved detailed access arrangement shall thereafter be implemented prior to first occupation of the development.

 

 

  1. Prior to the construction of the 68th dwelling of the development hereby approved, construction details of the revised traffic signal controlled site access junction on the A60 Mansfield Road, as show in outline on plan titled: “Proposed Site Access Arrangements General Arrangements + Signalised Jct”, reference 17-0622/002 Revision B, shall be submitted to and approved in writing by the Local Planning Authority. The approved detailed traffic signal controlled access arrangement shall thereafter be implemented prior to constriction of the 68th dwelling. 

 

 

19. 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. 

 

 

 

  1. No dwelling shall be occupied until such time as access to that dwelling has been provided in a bound material and the associated parking spaces have been provided in in a bound material (not loose gravel) and which shall be drained to prevent the unregulated discharge of surface water onto adjacent roads and footways.

 

  1. Prior to first occupation of the development hereby approved details of future pedestrian connections between the site and Felton Way, and Hadstone Drive to the east of the site shall be submitted to and approved in writing by the Local Planning Authority. The connections shall be provided in accordance with the approved details prior to first occupation of the development hereby approved.

 

 

  1. Prior to first occupation of the development hereby approved construction details of the widening of the existing footway on the eastern side of Mansfield Road from the proposed site entrance to a point roughly 50m north of the rear boundary of 48 Georgia Drive Lodge Close, including  improvement to the lighting of this route, shall be submitted to and approved in writing by the Local Planning Authority. The approved footway widening arrangement and associated works shall thereafter be implemented prior to first occupation of the development hereby approved.

 

  1. Prior to first occupation of the development hereby approved construction details of Improvements to the Rights of Way, specifically footpath 14/20/22, shall be submitted to and approved in writing by the Local Planning Authority. The approved improvements shall thereafter be implemented prior to first occupation of the development hereby approved.

 

  1. 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 an assessment of significance and research questions; 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

 

 

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. This pre-commencement condition is necessary to ensure that the development does not have a detrimental impact upon visual amenity or upon the occupiers of adjacent dwellings

 

5. This pre-commencement condition is necessary to ensure that satisfactory provision is made at the appropriate time for the disposal of foul and surface water.

 

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 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.

 

 

8. To ensure that existing trees are adequately protected.

 

9. To ensure the replacement of the existing trees that are protected by a TPO

 

10. To ensure the development is designed and constructed to adoptable standards and appropriately maintained.

 

11 To ensure appropriate access and parking arrangements are available.

 

 

12 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 policy LPD11 of the Councils Local Plan.

 

13. 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.

 

14. In the interests of protecting ecological interests.

 

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

16. In the interests of protecting ecological interests.

17. In the interest of Highway Safety, to ensure adequate access, operational capacity, and associated visibility is provided to the development.

 

18 In the interest of Highway Safety, to ensure adequate access, operational capacity, and associated visibility is provided to the development.

 

19.  In the interest of sustainable travel.

 

20.  To ensure appropriate access and parking arrangements are available.

 

21.  In the interest of sustainable travel.

 

22. In the interest of sustainable travel

 

  1. In the interest of sustainable travel by means of improving access to existing neighbourhoods and their facilities.

 

  1. To safeguard any potential archaeological remains.

 

Reasons for Decision

 

The principle of the development accords with the objectives of national and local planning policies, in particular as the site is a housing allocation in the adopted Local Planning Document. It is considered that up to 148 dwellings could be accommodated on the site in a manner that would not cause undue harm to visual and residential amenity, highway safety and ecological interests or would cause flood risk concerns. It is therefore considered that the granting of outline planning permission would fully accord with the objectives of the relevant planning policies set out in the National Planning Policy Framework, Aligned Core Strategy, Local Planning Document and Supplementary Planning Documents.

 

Notes to Applicant

 

The comments of Nottinghamshire County Council's Rights of Way Officer are enclosed.

 

Nottinghamshire County Council operates the Advanced Payments Code as set out in sections 219 to 225 Highways Act 1980 (as amended). 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, and /or 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 after Planning Permission is granted.

 

Correspondence with Highway Authority should be addressed to: hdc.south@nottscc.gov.uk The applicant should note that notwithstanding any planning permission that if any highway forming part of the development is to be adopted by the Highway Authority the new roads and any highway drainage will be required to be provided in accordance with Highway Development Control's requirements for Nottinghamshire County Council as highway authority. The guidance can be found at; http://www.nottinghamshire.gov.uk/transport/roads/highway-design-guide

 

It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring by installing wheel washing facilities on site.

 

The comments of the Lead Local Flood Authority are enclosed.

 

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.

 

The Applicants attention is drawn to the Governments Guidance regarding Japanese Knotweed which can be found at:

https://www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading

 

The Applicants attention is drawn to NCC comments regarding landscaping which should be taken into consideration within the Reserved Matters Application. 

 

With reference to condition 15 the submission of a bat-sensitive lighting scheme, should be developed in accordance with to be developed in accordance with Bat Conservation Trust publication “Artificial Lighting and Wildlife – Interim Guidance: recommendations to help minimise the impact of artificial lighting” dated June 2014.

 

 

The applicant is advised that all planning permissions granted on or after 16th October 2015 may be subject to the Community Infrastructure Levy (CIL). Full details of CIL are available on the Council's website. The proposed development has been assessed and it is the Council's view that CIL IS PAYABLE on the development hereby approved. The actual amount of CIL payable will be calculated when a decision is made on the subsequent reserved matters application

 

 

 

 

 

 

 

 

Supporting documents: