Agenda item

Outline planning application for mixed-use development comprising; 805 homes, land for employment purposes (up to 49,500m2 of B1/B8 uses), a Local Centre comprising A1-A5, B1(a) and D1 uses (up to 2,800m2), a 1.5 form entry Primary School and associated infrastructure, open space and landscaping (EIA Development).

 

Andy Evans – Programme Director at Nottinghamshire County Council, the applicant, spoke in support of the application.

 

The Principal Planning Officer outlined the report and gave the following updates:

 

A late objection had been submitted by the Woodland Trust, as they believed that a number of trees within the application site would not be appropriately protected in that root protection areas were not identified and more trees on site should be retained.  As layout was not currently under consideration, these more detailed matters would be considered when reserved matters applications were submitted.  Condition 23 of the outline permission also required each phase of development to be accompanied by an Arboricultural Assessment. As a result, the objection was not considered to have an overbearing impact on the outline application.

 

Furthermore, in respect of the width of the safeguarded route for the Nottingham Express Transit, it had been confirmed that the width of the route actually needed to be 12.5m and not 14m.  As a result, condition 10 would need to be amended to reflect this change.

 

The recommendation in section 9 of the report also needed to be updated in that it was not possible for the County Council to be a signatory of the Section 106 Legal Agreement, to receive monies required towards Education and Highway, as they were also the landowner and it was not possible for the County Council, if required, to enforce a legal agreement against themselves.  As a result, all contributions would need to be made to Gedling Borough Council and the recommendation updated to reflect this.

 

As a result he recommended that the application be granted permission, subject to conditions as outlined on pages 44-51 of the committee report, with condition 10 updated to secure a safeguarded route 12.5m wide, not 14m, for the Nottingham Express Transit and the recommendation to exclude the County Council as a signatory to the legal agreement, as outlined on page 43.

 

RESOLVED:

 

To Grant Planning Permission: Subject to the owner(s) entering into planning obligations with the Borough Council as Local Planning Authority; for the provision of, or financial contributions towards, affordable housing, education, highway 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.             Approval of the details of layout, scale, landscaping and appearance (hereinafter called "the reserved matters") for each phase of development shall be obtained from the Local Planning Authority before the commencement of development of that particular phase.

 

2.       Application(s) for approval of reserved matters shall be made to the Local Planning Authority no later than 5 years from the date of this permission, and the development thereby authorised shall be begun no later than 7 years from the date of this permission or 2 years from the date of the approval of the final reserved matter approval, whichever is the later.

 

 

3.       This permission shall be read in accordance with the application form and following list of approved drawings:

 

Illustrative Masterplan: P19-0346_007 Revision K (submitted 21st July 2020)

Parameter Plan: P19-0346_005 Revision D (submitted 21st July 2020)

 

Transport Assessment: TWF-BWB-GEN-XX-RP-TR-003-TA-S1-P2

o        Including signalised junction drawing: TWF-BWB-GEN-XX-DR-TR-101_S2-P3

TA Addendum: TWF-GEN-XX-RP-TR-005-TAA-S1-P1 (submitted 12th June 2020)

o        Including highway improvements to Wighay Road: TWF-BWB-GEN-XX-DR-TR-105-S2-P3.

 

Travel Plan: TWF-BWB-GEN-XX-RP-TR-004-FTP-S1-P4 (submitted 12th June 2020)

 

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

 

 

4.       No reserved matters application shall be submitted until such time as a phasing plan has been submitted to and approved in writing by the Local Planning Authority.  Development shall proceed in accordance with the details as approved.

 

 

5.       The development shall comprise no more than 805 dwellings; no more than 49,500m2 of buildings used for employment purposes and a local centre not more than 2800m2.

 

 

6.       No above ground works shall commence on site until such time as the highway improvements to Wighay Road, as shown on drawing TWF-BWB-GEN-XX-DR-TR-105-S2-P3 have been completed.

 

 

7.       No above ground works shall commence on the employment aspect of the development until such time as the highway improvements to Annesley Road, as shown on drawing TWF-BWB-GEN-XX-DR-TR-101_S2-P3 have been completed.

 

 

8.       No dwelling granted permission under subsequent reserved matters applications shall be occupied until the drive and parking area to serve that dwelling is surfaced in a bound material (not loose gravel). The surfaced drive and parking area shall then be maintained in such bound material for the life of the development.

 

 

9.       No dwelling granted permission under subsequent reserved matters applications shall be occupied until the drive and parking area to serve that dwelling is constructed with provision to prevent the unregulated discharge of surface water from the driveway and parking area 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.

 

 

10.      The safeguarded route of the Nottingham Express Transit line shall be identified on any reserved matters application that it affects and shall be not less than 12.5m wide.

 

 

11.      Development shall proceed in accordance with the approved Framework Travel Plan (rev P4 dated 26/05/2020).

 

 

12.      Prior to the occupation of any business (excluding businesses employing less than 20 employees who shall submit a Travel Plan Statement) the owner and the occupier of each business unit shall appoint and thereafter continue to employ or engage a travel plan coordinator and within 3 months of occupation the owner and occupier shall commission a detailed travel plan that sets out the final targets with respect to the number of vehicles using the site and the adoption of measures to reduce single occupancy car travel consistent with the Travel Plan Framework and in conjunction with the site-wide travel plan coordinator to be approved by the Local Planning Authority. The Travel Plan shall be implemented in accordance with the approved timetable and be updated consistent with future site-wide travel plan initiatives including implementation dates.

 

 

13.      No development hereby permitted shall commence until wheel washing facilities have been installed on the site. The wheel washing facilities shall be maintained in working order at all times and shall be used by any vehicle carrying mud, dirt or other debris on its wheels before leaving the site so that no mud, dirt or other debris is discharged or carried on to a public road.

 

 

14.      No development within a phase shall commence until drainage plans for the disposal of foul sewage within that phase have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented strictly in accordance with the approved details prior to occupation of that phase of development.

 

 

15.      No phase of development shall take place until a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority for that phase, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. Your attention is brought to the informative below outlining detailed requirements of the surface water drainage scheme. The scheme shall subsequently be implemented strictly in accordance with the approved details before occupation of that phase of development and shall be retained for the life of the development.

 

 

16.      Prior to commencement of any phase of development a Construction Environment 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 produced by the Council on the assessment of dust from demolition and construction and include a site specific dust risk assessment.  Furthermore, impacts on wildlife would also need to be considered.  All works on site shall be undertaken in accordance with the approved CEMP.

 

 

17.      No development shall commence in the areas identified on drawing archaeological plan, until such time as an Archaeological Watching Brief has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out by a qualified archaeologist or archaeological body.

 

Within 3 months of completion of the excavation works, a summary report shall be submitted to the Local Planning Authority and the results of the 'Watching Brief' shall also be made available for inclusion in the archive of information of Nottinghamshire County Council's 'Sites and Monuments Record'.

 

 

18.      Prior to the commencement of development a Noise Mitigation Plan shall be submitted to and approved in writing by the Local Planning Authority.  The Plan shall identify how the impacts on the natural environment through noise that would be generated during the construction phase of development is mitigated.  The Noise Mitigation Plan as approved shall be implemented. - Natural England

 

 

19.      No development shall be commenced until a Landscape and Ecological Management Plan, including long term objectives, management responsibilities and maintenance schedule for all landscape areas, other than privately owned, domestic gardens, has been submitted to and approved in writing by the Local Planning Authority. The Landscape and Ecological Management Plan shall thereafter be carried out in accordance with the approved details.

 

 

20.      Prior to the commencement of development in any phase a statement identifying means by which Electric Vehicle charging points are to be supplied on site shall be submitted and approved in writing by the Local Planning Authority.  The details as approved shall be installed prior to the occupation of any units that benefit from permission within that particular phase of development.

 

 

21.      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.

 

 

22.      The development hereby permitted shall not be commenced until such time as a scheme to treat and remove suspended solids from surface water run-off during construction works has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

 

 

23.      Prior to the commencement of development in any phase approved under condition 4, there shall be submitted to and approved in writing the submission of an Arboricultural Assessment that will identify any trees to be retained and mitigation measures therein.  The details as approved shall be implemented prior to the commencement of development.

 

 

24.      Each reserved matters application that is adjacent to either Annesley Road or Top Wighay Road shall be accompanied by a site specific noise report that should be completed by a suitably qualified individual/firm.  Any mitigation that may be approved shall be implemented prior to the occupation of the particular unit.

 

 

25.      The ecological mitigation measures identified in table 7.2 of the Environmental Statement shall be complied with.  Each reserved matters application shall be submitted with a statement detailing how development within that particular phase of development complies with the mitigation identified therein.

 

 

26.      Prior to the commencement of development, additional surveys in respect of potential otter on the site shall be undertaken by a suitably qualified ecologist.  The report shall be submitted to and approved in writing by the Local Planning Authority and any mitigation identified therein shall be implemented.

 

Reasons

 

 

1.       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and Section 92 of the Town and Country Planning Act 1990.

 

 

2.       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and Section 92 of the Town and Country Planning Act 1990.

 

 

3.       For the avoidance of doubt,

 

 

4.       To ensure that the development comes forward in a comprehensive way and to comply with policy 2 of the Aligned Core Strategy and The Top Wighay Farm Development Brief SPD.

 

 

5.       To ensure the parameters of the planning permission are known and any variances can be suitably assessed and to comply with the Top Wighay Farm Development Brief SPD.

 

 

6.       In the interest of highway safety and to comply with policy LPD61.

 

 

7.       In the interest of highway safety and to comply with policy LPD61.

 

 

8.       To ensure adequate parking provision is provided on site and to comply with policy LPD57.

 

 

9.       To ensure adequate parking provision is provided on site and suitably drained and to comply with policies LPD57 and LPD4.

 

 

10.      To ensure the site is developed in a sustainable way and to comply with guidance within the Top Wighay Development Brief SPD and guidance within the NPPF.

 

 

11.      To ensure that alternative modes of transport to the private motor vehicle are encouraged and to comply with guidance within the NPPF.

 

 

12.      To ensure that alternative modes of transport to the private motor vehicle are encouraged and to comply with guidance within the NPPF.

 

 

13.      To ensure adequate highway safety and to comply with policy LP61.

 

 

14.      To ensure foul water is suitably disposed of and to comply with policy LPD4.

 

 

15.      To ensure surface water is suitably disposed of and to comply with policy LPD4.

 

 

16.      To ensure that possible pollution and disturbance from the development during construction is mitigated against and to comply with policies, LPD10, LPD11 and LPD18.

 

 

17.      To ensure possible impacts on archaeological features of interest are mitigated against and suitably assessed and to comply with policy LPD30.

 

 

18.      To ensure that the impacts on ecology, notably breeding night jar and sky lark, are mitigated against and to comply with policy LPD18 and LPD19.

 

 

19.      To ensure that public open space and ecological features of interest are suitably managed and maintained and to comply with policy LPD18.

 

 

20.      To comply with policy LPD11 and paragraph 110 of the NPPF.

 

 

21.      To ensure possible contamination, if found, is mitigated against and to comply with policy LPD7.

 

 

22.      To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 170 of the National Planning Policy Framework.

 

 

23.      To ensure that protected species are respected and to comply with policy LPD18.

 

 

24.      To ensure that the amenity of proposed occupiers is respected and to comply with policy LPD32.

 

 

25.      To ensure that protected species are respected and to enhance ecology and comply with LPD18.

 

 

26.      To ensure that protected species are respected and to enhance ecology and comply with LPD18.

 

Notes to Applicant

 

Government guidance contained within the national Planning Practice Guidance (Water supply, wastewater and water quality - considerations for planning applications, paragraph 020) sets out a hierarchy of drainage options that must be considered and discounted in the following order:

 

1.    Connection to the public sewer

 

2.    Package sewage treatment plant (adopted in due course by the sewerage company or owned and operated under a new appointment or variation)

 

3.    Septic Tank.

 

Foul drainage should be connected to the main sewer. Where this is not possible, under the Environmental Permitting Regulations 2010 any discharge of sewage or trade effluent made to either surface water or groundwater will need to be registered as an exempt discharge activity or hold a permit issued by the Environment Agency, addition to planning permission. This applies to any discharge to inland freshwaters, coastal waters or relevant territorial waters.

 

EV charging facilities should, where possible, incorporate mode 3 charging capability as this will help future proof the development and improve its sustainability and allow 'Smart' charging. All electrical circuits/installations shall comply with the electrical requirements of relevant British Standards as well as conform to the IET code of practice on Electrical Vehicle Charging Equipment installation.

 

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 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 Hall

Loughborough Road, West Bridgford

Nottingham, NG2 7QP

 

Please note that development shall proceed in accordance with the masterplan, as outlined in conditon 3; however, should there be a variance in the approved plan that would alter the use of land currently identified as the Local Centre, there would be a need for any subsequent reserved matters application to be accompanied by an updated Contaminated Land Survey to ensure that the land is fit for what may be the identified end user.

 

Please note that in respect of compliance with regard to the condition which identifies mitigation in respect of table 7.2 in respect to ecology, the Council would expect an up to date survey if those originally submitted are out of date.   Furthermore, additional information would need to be supplied in respect of badgers, which are known to be in close proximity to the site, to the extent that they would impact on development within it.

 

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 as is detailed below.  Full details about the CIL Charge including, amount and process for payment will be set out in the Regulation 65 Liability Notice which will be sent to you as soon as possible after this decision notice has been issued.  If the development hereby approved is for a self-build dwelling, residential extension or residential annex you may be able to apply for relief from CIL.  Further details about CIL are available on the Council's website or from the Planning Portal: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil