Agenda item

Erection of 164 dwellings including new vehicular and pedestrian access, garages, parking, roads, footpaths, infrastructure, drainage and attenuation/detention basins, landscaping and open space.

 

Matthew Sanders of Davidson Homes (The Applicant) spoke in favour of the application.

 

The Service Manager – Development Services introduced the report and recommended that permission was granted in accordance with the report but with an amendment to conditions 2 and 10 to permit a minor amendment to the proposed 4 arm roundabout. A further amendment was required to condition 2 to include a proposed garage type which had been omitted from the plans list.

 

The Service Manager – Development Services also recommend an additional condition seeking details of the proposed boundary treatments as these were not detailed on the submitted plans.

 

RESOLVED:

 

To GRANT FULL PLANNING PERMISSION subject to the minor amendments to conditions 2 and 10, an additional condition relating to the proposed boundary treatments and subject to the owner(s) entering into planning obligations 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, education, bus stop improvements, health, public open space including management arrangements for the open spaces/drainage feature and a local labour agreement; 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 following plans:

 

·         Location Plan

·         Planning Layout 1184-100 PLANNING LAYOUT P18

·         Open Space Plan 1184-101 POS PLAN P03

 

House Types:

 

·         DH200GI-4 (OP), DH301GE-4 (AS) DH301GE-4 (OP) DH413B-4 (AS) DH414GH-4 (AS) DH414GH-4 (OP) DH421B-4 (OP) SH16BR-4 (AS) SH16BR-4 (OP) SH34BRI-3 (AS) SH34BRI-3 (OP)

 

 

 

 

House Types Received 3-10-19

 

·         DH328R-4 (AS), DH328R-4 (OP), DH421G-4 (OP) DH421GR-4 (AS) DH501G-4 (AS) DH509V-4 (AS) DH509V-4 (OP) SB21V-3 (AS) SH35BG-3 (OP) DH342G-4 CARPORT (AS) DH532R-4 (AS), SG4-4 SINGLE GARAGE (AS)

 

House Types Received 6-3-2019

 

·         HOUSE TYPE 402BR, HOUSE TYPE 201 L, HOUSE TYPE 201-202, HOUSE TYPE 201-202 - OP, HOUSE TYPE 302 GE, HOUSE TYPE 302 GI, HOUSE TYPE 302 GI-OP, HOUSE TYPE 302 OP, HOUSE TYPE 312 G, HOUSE TYPE 313 B OP, HOUSE TYPE 318B, HOUSE TYPE 318B - OP, HOUSE TYPE 320 R, HOUSE TYPE 320 R - OP, HOUSE TYPE 330V, HOUSE TYPE 330V - OP, HOUSE TYPE 342M, HOUSE TYPE 400B, HOUSE TYPE 400B OP, HOUSE TYPE 404G HOUSE TYPE 404G OP HOUSE TYPE 409G, HOUSE TYPE 409G OP, , HOUSE TYPE 412G, HOUSE TYPE 412G OP, HOUSE TYPE 414 GR OP, HOUSE TYPE 427B, HOUSE TYPE 427B OP , HOUSE TYPE 430B , HOUSE TYPE 430B OP, HOUSE TYPE 532V , HOUSE TYPE 552G , HOUSE TYPE SH14BR , HOUSE TYPE SH14BR OP, HOUSE TYPE SH24 BRE, HOUSE TYPE SH24 BRE OP, HOUSE TYPE SH24 BRG , HOUSE TYPE SH24 BRG OP, HOUSE TYPE SH24 BRI , HOUSE TYPE SH24 BRI OP, HOUSE TYPE SH33G , HOUSE TYPE SH33G OP , HOUSE TYPE SH34 BRE OP, HOUSE TYPE SH34BRE,

·         LG1 SINGLE GARAGE , LG4 TWIN SINGLE GARAGE CAR PORT - BRICK ARCH - 3M, CAR PORT - BRICK ARCH - 6M DG23 TRIPLE GARAGE DG23 TRIPLE GARAGE OP DOUBLE GARAGE

·         Floor Levels E132-00-90 D PRELIMINARY FFLS-A1 , E132-00-91 D PRELIMINARY FFLS-A1, E132-00-92 D PRELIMINARY FFLS-A1 , E132-00-93 D PRELIMINARY FFLS-A1, E132-00-94 D PRELIMINARY FFLS-A1 , E132-00-95 D PRELIMINARY FFLS-A1

·         Road Adoption E132-200-01F ADOPTIONS PLAN-A1, E132-200-02F ADOPTIONS PLAN-A1

·         LandscapingGL1057 910B , GL1057 911C , GL1057 912C , GL1057 913C, GL1057 914A

·         Roundabout Access Junction Layout ADC1642-DR-007 P4 and the Swept Path Analysis ADC1642-DR-051 P4

 

MG1-4 Single Garage and Street Scene 88-95 and Floor Plans

 

The development shall thereafter be undertaken in accordance with these plans/details.

 

 

3         In the event that contamination is found at any time when carrying out the approved development 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 of the Local Planning Authority, 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.

 

4         No development in respect of the erection of dwellings shall take place above damp proof course until details of the bat and bird boxes to be incorporated within the fabric of the buildings 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.

 

5         No development in respect of the erection of dwellings shall take place above damp proof course until details of Electric Vehicle charging points to be provided for 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. The charging points shall be provided prior to the occupation of the dwelling to which they serve.

 

6         All the trees and hedges shown to be retained and/or any trees whose canopies overhang the site shall be protected during the construction phase in accordance with the approved details as indicated on Landscape Protection Plan Drawing No. GL1057 914A. The fencing/protection shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus material have been removed from the site. Nothing shall be stored or placed within the protected areas.

 

7         Within a period of five years from the first occupation of the final dwelling of the development hereby permitted, any trees or plants provided as part of the soft landscaping scheme, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replace in the first planting season following any such loss  with a specimen of the same size and species as was approved on the landscaping plan.

 

8         No development in respect of the erection of dwellings shall take place above damp proof course until details of the external facing and roofing materials of the dwellings hereby permitted have been submitted to and approved in writing by the local planning authority.

 

9          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.  All works on site shall be undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Local Planning Authority.

 

10        No dwellings hereby permitted shall be occupied until the access arrangements have been provided as shown on the drawings entitled Roundabout Access Junction Layout ADC1642-DR-007 P4 and the Swept Path Analysis ADC1642-DR-051 P4.

 

11        No dwellings hereby permitted shall be occupied until any access drives and parking areas to that dwelling are surfaced in a bound material (not loose gravel). The surfaced drives and parking areas shall then be maintained in such bound material for the life of the development.

 

12        No part of the development hereby permitted shall be brought into use until the access driveways and parking areas are constructed with provision to prevent the unregulated discharge of surface water from the driveways and parking areas to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development

 

13        The development hereby permitted shall be undertaken in accordance with the approved Flood Risk Assessment Rev B received by the local planning authority on 3rd October 2019.

 

14        Prior to the completion of the 50th dwelling hereby permitted details of reptile refugia shall be submitted to and approved in writing by the local planning authority. Such details shall include:

(1)  location of the refugia

(2)  its design and construction

The refuge shall be constructed on site in accordance with the approved details prior to the completion of the final dwelling.

 

15        No above ground works shall take place until details of all walls (including retaining structures) fences, gates or other means of enclosure to be erected in or around the development have been submitted to and approved in writing by the Local Planning Authority. Prior to the first occupation of each dwelling within the development, the walls (including retaining structures), fences, gates or other means of enclosure for that property shall be erected as approved and shall thereafter be permanently retained and maintained.

 

 

 

Reasons

 

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

 

 2         For the avoidance of doubt and to define the permission.

 

 3         To ensure the development is safe and suitable for use.

 

 4         In the interest if enhancing ecological provision on the site.

 

5         To ensure that the development is constructed in an appropriate sustainable manner which takes into consideration air quality within the Borough, and takes into consideration LPD11 of the Local Plan.

 

 6         To ensure that retained trees and hedgerows are protected.

 

7         To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.

 

8         To ensure a satisfactory form of development and the interest of visual amenity.

 

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        To ensure an adequate form of development in the interests of highway safety.

 

11        To reduce the possibility of deleterious material being deposited on the public highway.

 

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

 

13        To ensure a satisfactory means of drainage for the site.

 

14        In the interests of promoting biodiversity on the site.

 

15        To ensure a satisfactory form of development and in the interests of residential amenity.

 

 

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 the proposed 164 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 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

 

Note to applicant in relation to the adjacent public right of way: The footpath should remain open, unobstructed and be kept on its legal alignment at all times. Vehicles should not be parked on the RoW or materials unloaded or stored on the RoW so as to obstruct the path. There should be no disturbance to the surface of the footpath without prior authorisation the Rights of Way team. The safety of the public using the path should be observed at all times. A Temporary Closure of the Footpath may be granted to facilitate public safety during the construction phase subject to certain conditions. Further information and costs may be obtained by contacting the Rights of Way section. The applicant should be made aware that at least 5 weeks' notice is required to process the closure and an alternative route on should be provided if possible. If a structure is to be built adjacent to the public footpath, the width of the right of way is not to be encroached upon.  Structures cannot be constructed on the line of the right of way with the prior authorisation of the Rights of way team. It should be noted that structures can only be authorised under certain criteria and such permission is not guaranteed

 

The developer is encouraged to consider installing the EV charging facilities to incorporate mode 3 charging capability, as this will help future proof the development and improve its sustainability. A suitable 'IEC 62196' electrical socket (minimum rated output of 3.7kw /16A) can be provided to allow 'Mode 3' charging of an electric vehicle; Mode 3 charging, using a suitable cable and charging point, allows Smart charging of electric vehicles. All electrical circuits/installations shall comply with the electrical requirements of BS7671:2008 as well as conform to the IET code of practice on Electrical Vehicle Charging Equipment installation (2015).

 

The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2018). Additional information has been submitted to address matters raised during the determination of the application.

 

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. 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 Nottinghamshire County Council Highway Development Control (email: hdc.south@nottscc.gov.uk) for details. The applicant should note that notwithstanding any planning permission, if any highway forming part of the development is to be adopted by the Highways Authority, the new roads and any highway drainage will be required to comply with the Nottinghamshire County Council's current highway design guidance and specification for roadworks. 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. It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site. All correspondence with the Highway Authority should be addressed to:- NCC (Highways Development Control) (Floor 3)Nottinghamshire County Council County HallLoughborough RoadWest Bridgford Nottingham, NG2 7QP

 

The applicant is advised that all planning permissions granted on or 16^th 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 and it is the Council’s view that CIL IS PAYABLE on the development hereby approved.

 

The applicant is advised not to undertake any site clearance during the bird nesting season 1^st March to 31^st August inclusive in any given year.