Agenda item

Hybrid application seeking permission for a balancing Lagoon (Full Application) and Outline permission for the Local shops, access and associated parking.

 

The Head of Development and place introduced the report.  He informed Members of a typo in the header of the report as the applicant was Keepmoat Homes and the agent was Armstrong Burton Architects and not AC Holdings and Pegasus.

 

 

RESOLVED:

 

To Grant Full Planning Permission: Subject to the owner entering into a deed of variation amending the original Section 106 Agreement to planning approval: 2015/1376 with the Borough Council as Local Planning Authority and with the County Council as Local Highway and Education Authority for the provision of, or financial contributions towards affordable housing, open space, healthcare facilities, highways, educational, air quality, a local labour agreement and library facilities; and subject tothe conditions listed for the reasons set out in the report.

 

Conditions

 

1.         Development of the balancing lagoon shall commence no later than 3 years from the date of this permission and shall proceed in accordance with the details as approved under condition 2 and in accordance with details as may be approved under conditions 3, 5, 6, 7, 9 and 10.

 

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

 

17057E - P100 rev - - Location plan

17057E - P101 rev A – Existing site masterplan

17057E - P103 rev B - Proposed site plan

17057E - P105 rev A - Site Sections

Deign and Access Statement (Updated received on 30 March)

 

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

 

3.         Prior to above ground works commencing on the balancing lagoon, details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority.  The details as approved shall be completed no later than the first planting season once the earthworks for the lagoon have been substantially complete.  These details shall include a schedule (including planting plans and written specifications, including cultivation and other operations associated with plant and grass establishment) of  trees, shrubs and other plants, noting species, plant sizes, proposed numbers and densities. The scheme shall be designed so as to enhance the nature conservation value of the site, including the use of locally native plant species.  Details of any hard surfacing materials would also need to be identified.

 

4.         Application(s) for approval of all reserved matters for the local centre shall be made to the Local Planning Authority no later than 3 years from the date of this permission, and the development thereby authorised for the Local Centre shall be begun no later than 2 years from the date of this permission or 2 years from the date of the approval of the final reserved matter, whichever is the later.

 

5.         Prior to the commencement of development the following shall be submitted to and approved in writing by the Local Planning Authority:

 

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, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) should 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.

 

 

6.         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 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.         Prior to the occupation of either building(s) hereby permitted, details shall be submitted to and approved in writing by the Local Planning Authority as to the position within the development of three (3) Electric Vehicle Recharging Points; with appropriate cable and infrastructure provision to allow this to increase to five (5) points in total in future years.

 

The Electric Vehicle Recharging Points shall be in a prominent position on the site and shall be for the exclusive use of zero emission vehicles. The Electric Vehicle Recharging Points shall be installed prior to occupation of any part of the development and shall be thereafter maintained in the location as approved for the lifetime of the development.

 

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.  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.  All works on site shall be undertaken in accordance with the approved CEMP.

 

10.       Prior to the commencement of development, details of any boundary treatment to be erected around the lagoon shall be submitted to and approved in writing by the Local Planning Authority.  The details as approved shall be in situ, and retained as such thereafter, prior to the lagoon holding water.

 

 

Reasons

 

1.         To comply with the requirements of Section 91(1) of the Town and Country Planning Act 1990 (as amended).

 

2.         For the avoidance of doubt.

 

3.         To ensure that the character of the area is respected and ecology enhanced and to comply with policy ACS10 and LPD18.

 

4.         To comply with the requirements of Section 91(1) of the Town and Country Planning Act 1990 (as amended).

 

5.         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.

 

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 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.

 

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.       In the interests of highway safety and respecting the character of the area and to comply with policies LPD61 and ACS10.

 

Notes to Applicant

 

The applicant is encouraged to consider upgrading the EV charging facilities to incorporate additional Mode 3 Smart charging capability as this will help future proof the development and improve its sustainability.  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).

 

For the avoidance of doubt, whilst the layout of the shops is indicative, the Council would encourage a layout that follows the broad parameters identified on the site layout with a frontage on to the balancing lagoon.

 

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