Agenda item

Residential development of up to 70 dwellings including access equipped play area and open space.

 

The Development Control Manager outlined a number of amendments to the report and proposed conditions.

 

The Development Control Manager stated that the Framework drawing, as discussed on page 129 of the agenda, was withdrawn on the 3^rd of March 2014 and that the developer had agreed to provide a minimum of 30% of the units on site as bungalows.

 

She also provided clarification on the progress on the Local Planning Document (page 137) and provided an update to page 138 of the report following the issue of new planning guidance in relation to prematurity.

 

The Development Control Manager outlined the following amendments to the proposed planning conditions:

 

Condition 3 to be amended to read:

 

“The development hereby permitted shall begin no later than five years from the date of this permission, or two years from the date of approval of the last reserved matters to be approved, whichever is the later.”

 

Condition 4 to be deleted and replaced with:

 

“A minimum of 30% of the dwellings to be provided shall be provided as bungalows.”

 

Condition 7 (l), the word form to be deleted and replaced with from and spoecies to be replaced with species, to read:

 

“Measure to remove Grey Alder from the site, as this is a non-native species.”

 

Condition 16 to be amended to read:

 

“No dwellings hereby permitted shall be occupied until a junction and pedestrian crossing have been provided as shown on drawing CRN10522 Rev A.”

 

Condition 18 to be amended to read, Longdale Lane, rather than Langdale Lane.

 

Condition 19 to be deleted as the issue is covered by conditions 11 and 12.

 

Condition 20 to be deleted as car parking will need to be provided at reserved matters stage, in accordance with the Council’s standards, and be assessed as part of the layout of the development.

 

Conditions 21, 22 and 23 to be renumbered accordingly.

 

Reason 4 to be amended to read:

 

No dwellings hereby permitted shall be occupied until a junction and pedestrian crossing have been provided as shown on drawing CRN10522 Rev A.

 

 

RESOLVED that the Borough Council supports the GRANT OF OUTLINE PLANNING PERMISSION, subject to the following amended conditions and to the applicant entering into a Section 106 Agreement with the Borough Council as local planning authority for the provision of, or financial contributions towards:

 

·      Provision of Public Open Space in accordance with the Council’s Supplementary Planning Documents and Recreational Open Space.

·      Nine of the units to be affordable 2 bedroom bungalows.

·      Commuted sum for the provision of 12 affordable units.

·      Public transport.

·      Educational Facilities.

 

Conditions

 

1.         Application for the approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission.

 

2.         Details of appearance, landscaping, layout, and scale, (hereinafter called the reserved matters) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

 

3.         The development hereby permitted shall begin no later than five years from the date of this permission, or two years from the date of approval of the last reserved matters to be approved, whichever is the later.

 

4.         A minimum of 30% of the dwellings to be provided shall be provided as bungalows.

 

5.         The detailed plans and particulars to be submitted as reserved matters in relation to layout and scale shall include plans showing existing and proposed ground levels of the site, sections across the site and in relation to existing dwellings adjacent to the site and details of the finished slab level for every property. The development shall be carried out in accordance with the approved details.

 

6.         The detailed plans and particulars to be submitted as reserved matters in relation to layout and landscaping shall demonstrate how the site layout and its landscaping have been devised to achieve the following objectives (1) meeting County Council highway design guidance, (2) providing adequate car parking provision for residents and their visitors taking into account the Borough Council's adopted car parking standards, (3) meeting the needs of different users of the public realm, (4) discouraging anti-social behaviour and (5) creating attractive street scenes.

 

7.         The detailed plans and particulars to be submitted as reserved matters in relation to landscaping shall include: (a) a plan showing the existing trees/hedges to be retained as part of the proposed development; (b) details of any proposed topping or lopping of any tree/hedge proposed to be retained, or of any tree on land adjacent to the site; (c) details of any proposed alterations in existing ground levels and any excavation within the root protection area of any hedge/tree to be retained on site or of any tree on land adjacent to the site; (d) details of the specification and position of fencing and of any other measures to be taken for the protection of any retained tree/hedge from damage before or during the course of development ;(e) proposed and existing functional services above and below ground; (f) details of the size, species, positions and density of all trees and shrubs to be planted; (g) details of the boundary treatments, including those to individual plot boundaries; (h) the proposed means of surfacing access roads, car parking areas, roadways and the frontages of properties such as driveways and footpaths to front doors; (i) a programme of implementation; (j) details of species mixes, establishment methods and maintenance regimes, ensuring that native species appropriate to the local area are used in informal landscaping areas.  Particular attention should be given to the landscape strip along the southern boundary of the site and its development as an area suitable for common lizards, to include the creation of hibernaculae; (k) a landscape management plan to guide ongoing management of landscaped/green infrastructure areas; (l) measures to remove Grey Alder from the site, as this is a non- native species. The development shall be carried out in accordance with the approved details, unless otherwise by prior agreement in writing by the Local Planning Authority.

 

8.         The detailed plans and particulars to be submitted as reserved matters in relation to appearance shall include details of the materials to be used in the external elevations and roofs of the proposed buildings, and provision of bird and bat boxes within the fabric of the proposed buildings. The development shall be carried out in accordance with the approved details, unless otherwise by prior agreement in writing by the Local Planning Authority.

 

9.         No part of the development hereby permitted shall take place until details of the new roads have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross sectional gradients, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, proposed structural works and a proposed programme of works. The development shall be implemented in accordance with these details.

 

10.       No part of the development hereby permitted shall commence, including site clearance, until wheel washing facilities have been installed on the site in accordance with details first submitted to and approved in writing by the Local Planning Authority. 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 debris is discharged or carried onto the public highway.

 

11.       No part of the development hereby permitted shall take place until drainage plans for the disposal of foul sewage have been submitted to and approved by the local planning authority. The scheme shall be implemented in accordance with the approved details prior to the occupation of the first dwelling, unless otherwise by prior agreement in writing by the Local Planning Authority.

 

12.       No part of the development hereby permitted shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall demonstrate: (a) The utilisation of holding sustainable drainage techniques; (b) The limitation of surface water run-off to equivalent greenfield rates; (c) The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and (d) Responsibility for the future maintenance of drainage features.

 

13.       The fencing and any other proposed measures proposed to protect existing trees/hedges to be retained on site shall be erected in accordance with the approved details prior to the commencement of development and retained in situ until the development has been completed.

 

14.       If within a period of five years beginning with the date of the planting of any tree or shrub, 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 local planning authority 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 the Local Planning Authority gives its written consent to any variation.

 

 

15.       No development shall commence on any part of the application site until an archaeological scheme of treatment of the site has been submitted for the approval of the Local Planning Authority. This should preferably comprise a 'strip, map and sample' exercise whereby the topsoil is stripped under archaeological supervision and any archaeological features are identified, recorded and sampled accordingly. The scheme shall subsequently be implemented in accordance with the approved details before the development is commenced.

 

16.      No dwellings hereby permitted shall be occupied until a junction and pedestrian crossing have been provided as shown on drawing CRN10522 Rev A.

 

 

17.       No part of the development hereby permitted shall be brought into use until the visibility splays of 2.4m x 43m are provided in accordance with details to be first submitted and approved in writing by the Local Planning Authority. The area within the visibility splays referred to in this Condition shall thereafter be kept free of all obstructions, structures or erections exceeding 0.6 metres in height.

 

18.       No part of the development hereby permitted shall be brought into use until a 2.0m wide footway on the southern side of the proposed access road and on Longdale Lane between the site entrance and the site's frontage boundary.

 

 

19.       Prior to the commencement of development on the site, including site clearance) a biodiversity method statement shall be submitted to the Local Planning Authority, and the approved details complied with throughout implementation of the development. The method statement shall include:(a) Passive displacement of common lizards prior to development, to the open space along the southern boundary of the site offered as replacement habitat.  In order for this to work, the habitat into which the reptiles are expected to be displaced will need to have been created in advance of development.(b) Details of the creation and provision of the habitat strip along the southern part of the site.(c) No ground works can take place on the site until the habitat strip along the southern part of the site has been established, and that this is subsequently protected from development.  (d) boundary treatments especially along the southern edge of the development to restrict access to Trumpers Wood

 

 

20.       No part of the development hereby permitted shall commence, until details of lighting scheme have been submitted to the Local Planning Authority,which shall minimise light spill around the development during the construction as inappropriate lighting could have an adverse impact on nocturnal species such as bats. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 

21.       There shall be no clearance or works to trees on the site within the wildbird nesting season, unless otherwise agreed in writing by the Local Planning Authority.

 

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.         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.

 

4.         No dwellings hereby permitted shall be occupied until a junction and pedestrian crossing have been provided as shown on drawing CRN10522 Rev A.

 

5.         To ensure that the positioning of dwellings in the design produced at reserved matters stage in relation to layout and scale would accord with Policy ENV1 and H7 of the of the Gedling Borough Replacement Local Plan (saved policies) 2008.

 

6.         To ensure that the means of vehicular access into the site accords with the plan submitted as part of the outline application with means of access applied for and to accord with Policy ENV1 of the Gedling Borough Replacement Local Plan (saved policies) 2008.

 

7.         To ensure that the landscaping of the development as proposed at reserved matters stage provides sufficient detail to ensure that the trees and hedges to be retained on site will be safeguarded in to meet the landscape principles specified within the design and access statement, and so that any future decisions relating to this outline permission are consistent with the submitted statement, and to ensure that the design of the site takes into account the recommendations made in the arboricultural statement submitted with the application, in order that the development accords with Policy ENV2 and H16 of the Gedling Borough Replacement Local Plan (saved policies) 2008.

 

8.         To ensure that the appearance of the development as proposed at reserved matters stage has regard to the appearance of the area and makes adequate alternative provision is made for bats and nesting birds; as required by Policy ENV1 of the Gedling Borough Replacement Local Plan (saved policies) 2008.

 

9.         To ensure that the roads of the proposed development are designed to an adoptable standard in order to accord with Policy ENV1 of the Gedling Borough Replacement Local Plan (saved policies) 2008

 

10.       To prevent mud being deposited onto the highway during construction of the development.

 

11.       To ensure that the development is provided with a satisfactory means of drainage and to minimise the risk of pollution.

 

12.       To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water management features.

 

13.       To ensure that the trees and hedges to be retained as part of the development are protected during the construction of the development.

 

14.       To accord with Policy ENV2 of the Gedling Borough Replacement Local Plan.

 

15.       To ensure that any matters of archaeological interest are investigated and recorded.

 

16.       To ensure that the means of vehicular and pedestrian access into the site accords with the plan submitted as part of the outline application with means of access applied for and to accord with Policy ENV1 of the Gedling Borough Replacement Local Plan (saved policies) 2008.

 

17.       To ensure that the means of vehicular access into the site accords with the plan submitted as part of the outline application with means of access applied for and to accord with Policy ENV1 of the Gedling Borough Replacement Local Plan (saved policies) 2008.

 

18.       To ensure that the means of vehicular and pedestrian access into the site accords with the plan submitted as part of the outline application with means of access applied for and to accord with Policy ENV1 of the Gedling Borough Replacement Local Plan (saved policies) 2008.

 

19.       To ensure that there is no adverse impact on the ecology of the site and the adjoining land.

 

20.       To ensure that there is no adverse impact on the ecology of the site and the adjoining land.

 

21.       To ensure that there is no adverse impact on the ecology of the site and the adjoining land.

 

Reasons for Decision

 

The development has been considered in accordance with the National Planning Policy Framework, the adopted Local Plan and Emerging Aligned Core Strategy, where appropriate. In the opinion of the Borough Council the proposed development accords with the relevant policies of these frameworks and plans.

 

The Borough Council has worked positively and proactively with the applicant, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework, based on seeking solutions to problems arising in relation to dealing with the planning application. This has been achieved by meeting the applicant and agent to discuss consultation responses; providing details of issues raised in consultation responses; requesting clarification, additional information or drawings in response to issues raised and providing updates on the application's progress.

 

Notes to Applicant

 

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 Highway Authority for details.

 

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 Environment Agency does not consider oversized pipes or box culverts as sustainable drainage. Should infiltration not be feasible at the site, alternative above ground sustainable drainage should be used.

 

Surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management. Sustainable Drainage Systems (SuDS) are an approach to managing surface water run-off which seeks to mimic natural drainage systems and retain water on-site as opposed to traditional drainage approaches which involve piping water off-site as quickly as possible

 

Approval under Section 19 of the Nottinghamshire County Council Act 1985 is required and where new streets are to be adopted an Agreement pursuant to Section 38 of the Highways Act 1980 will be required. Please contact Nottinghamshire County Council to ensure that approvals and agreements are secured before commencement of works. 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 Nottinghamshire County Council's current design guidance and specification for roadworks. It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. and Section 38 requirements with which compliance will be needed in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved in writing by the County Council in writing before any works commence.

 

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

 

The Environment Agency would also like to see the percolation test details to confirm that they conformed to BRE365 Guidance.

 

The proposed development could involve building or undertaking works up to or close to, the boundary of the site. If access to neighbouring land in another ownership is required to facilitate construction you are advised to obtain permission from the owner of that land for such access before beginning your development. Planning permission does not override any private legal matters which may affect the application site, over which the Borough Council has no jurisdiction (e.g. covenants imposed by former owners, rights to light, etc.).

 

The Council would encourage the developers of the site to continue the community engagement already undertaken in the preparation of the reserved matters submission so that the consultation objectives specified in section 2.2 of the Statement of Community Engagement can be achieved in respect of any reserved matters submission made in respect of this outline planning permission.