Agenda item

Re-orientation of dwellings on Plots 4 & 5 and additional dwelling to Plot 8 (between plots 2 and 3).

The Service Manager – Development Services introduced the report.

RESOLVED to:

GRANT FULL PLANNING PERMISSION subject to the applicant entering into a deed of variation amending original Section 106 Agreement to planning approval: 2017/0194 with the Borough Council as Local Planning Authority for the provision of a financial contribution to be expended on offsite Public Open Space, and the provision of a Management Company for the maintenance of the access road and areas of open space not within residential curtilages; and subject to the conditions listed for the reasons set out in the report.

Conditions

 1         The development must be begun not later than three years beginning with the date of this permission.

 2         This permission shall be read in accordance with the application form, site location plan, Section 6.0 of Arboricultural Report, Tree Protection Method Statement and deposited plans, drawing no's JWS/BCBR/PP5 rev A and JWS/BCBR/PP4 rev A, received on 16th April 2019 and deposited plans, drawing no's JWS/BCBR/PP8 rev B, JWS/BCB/SECT/1 rev D and JWS/BCBR/EW/1 rev C, received on 21st June 2019. The development shall thereafter be undertaken in accordance with these plans/details.

 3         If within a period of five years beginning with the date of the planting of any tree or shrub, approved in relation to drawing no. JWS/BCBR/EW/1 rev C received on 21st June 2019, that tree or shrub, or any tree or shrub that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Borough Council seriously damaged or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Borough Council.

 4         Hours of construction including deliveries to the site shall be limited to: 7:30 to 18:00 Monday to Friday and 8:00 to 13:00 on Saturday. No works or deliveries of materials shall be undertaken on Sundays or Public Holidays.

 5         The development hereby approved shall be implemented in accordance with the approved Dust Management Plan as per planning reference 2018/1187DOC.

 6         No part of the development hereby permitted shall be brought into use until a dropped vehicular footway crossing is available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

 7         No part of the development hereby permitted shall be brought into use until the access is constructed with a gradient not exceeding 1 in 20 for a distance of 5m from the rear of the highway boundary, and never exceeds 1:12 thereafter, in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.

 8         No part of the development hereby permitted shall be brought into use until all drives and any parking or turning areas are surfaced in a hard bound material (not loose gravel) for a minimum of 5.5 metres behind the Highway boundary. The surfaced drives and any parking or turning areas shall then be maintained in such hard bound material for the life of the development.

 9         No part of the development hereby permitted shall be brought into use until the access driveway / parking / turning area (s) is constructed with provision to prevent the unregulated discharge of surface water from the driveway/parking/turning area(s) to the public highway in accordance with details first submitted to and approved in writing by the Local Planning Authority. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

10        No part of the development hereby permitted shall be brought into use until a bin collection point is provided within 15.0m of the public highway in accordance with details first submitted to, and approved in writing by the Local Planning Authority. The development shall only be undertaken in accordance with the details so approved and shall be retained as such thereafter.

Reasons

 1         In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

 2         For the avoidance of doubt.

 3         To ensure a satisfactory development in accordance with the aims of policy LPD 10 of the Aligned Core Strategy.

 4         In the interest of residential amenity, in accordance with the aims of policy LPD 32 of the Local Planning Document.

 5         In the interest of residential amenity, in accordance with the aims of policy LPD 32 of the Local Planning Document.

 6         In the interests of Highway safety.

 7         In the interests of Highway safety.

 8         To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc.).

 9         To ensure surface water from the site is not deposited on the public highway causing dangers to road users.

10        To allow the refuse team to pull the bins within pulling distance to the public highway, as the refuse lorry will not enter a private development.

Reasons for Decision

The proposed development, by virtue of the design, scale and relationship with adjoining properties, would be visually acceptable in the streetscene and would result in no significant undue impact on the amenity of neighbouring residential properties and amenities and would have no undue impact on highway safety. The proposal is in accordance with the NPPF, Policies 8, 10 and 11 of the Aligned Core Strategy and policies LDP 28, LPD 32, LPD 35, LPD 40, LPD 57 and LPD 61.

Notes to Applicant

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0845 762   6848. Further information is also available on The Coal Authority website at www.coal.decc.gov.uk.Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com.

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 not payable on the development hereby approved as the development type proposed is zero rated in this location.

Your attention is drawn to an informal planning guidance document which has been produced to try and define what sustainable development means in the context of air quality, and how to decrease levels by incorporating mitigation measures into scheme design as standard. (see: http://gedling.gov.uk/planningbuildingcontrol/planningpolicy/emerginglocalplan/supplementaryplanningdocuments/). It is therefore requested commitment to incorporate provision for an EV (electrical vehicle) charging point per dwelling; to allow future residents to charge electrical/hybrid vehicles into the future. Reference can be made to guidance produced by IET 'Code of Practice for EV Charging Equipment Installation' for details of charging points and plugs specifications.

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.

The proposal makes it necessary to construct a vehicular crossing over a footway of the public highway. These works shall be constructed to the satisfaction of the Highway Authority. You are, therefore, required to contact the County Council's Customer Services, on telephone 0300 500 80 80, to arrange for these works be carried out.

Your attention is brought to the implications of the private drive for future occupiers if the roads are not adopted. (i) Future maintenance liabilities; (ii) Public liabilities; (iii) Street cleansing; (iv) Lack of pedestrian facilities; (v) Lack of / or poor standard of lighting and drainage; (vi) Nottinghamshire County Council have no powers under the Highways Act; (vii) The police have no powers to remove obstructions.

The attached permission is for development which will involve building up to, or close to, the boundary of the site.  Your attention is drawn to the fact that if you should need access to neighbouring land in another ownership in order to facilitate the construction of the building and its future maintenance you are advised to obtain permission from the owner of the land for such access before beginning your development.

Positive and Proactive Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework. Negotiations have taken place during the consideration of the application to address adverse impacts identified by officers and/or address concerns raised by letters of representation submitted in connection with the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.

No removal of hedgerows, trees or shrubs which have the potential to support nesting birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check for active birds' nests immediately before clearance works commence and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority. As you will be aware all birds, their nests and eggs (except pest species) are protected by the Wildlife and Countryside Act 1981 (and as amended).

Date Recommended: 19th August 2019