Agenda item

Proposed residential development and associated development including means of access and parking, drainage attenuation, landscaping and amenity space.

Alex Piziura, a local resident, spoke in objection to the application.

Emily Christie - Head of Planning at ilke Homes (The Applicant), spoke in favour of the application.

The Head of Development and Place introduced the report.

RESOLVED:

That the Borough Council GRANTS FULL PLANNING PERMISSION, subject to the owner entering into a Section 106 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 education, public open space and its future maintenance, health, bus stop infrastructure, and a Local Labour Agreement and subject to the following conditions:

Conditions

 1         The development herby permitted shall commence before the expiration of 3 years from the date of this permission.

 2         This permission shall be read in accordance with the following plans:-deposited on the 20th October 2020:-

Housing Schedule;

Topographical Survey 1 of 3;

Topographical Survey 2 of 3;

Topographical Survey 3 of 3;

Tree Survey Plan drg. no. 9476-T-01;

Preliminary Drainage and Levels plan drg. no. PJS-15-001 Rev C;

Swept Path Analysis Fire Engines drg. no. PJS20-15-005;

Existing Plan drg. no PL02;

Proposed Boundaries Plan drg. no. PL04;

Proposed Master Plan drg. no. PL05;

Proposed Heights Plan drg. no. PL06;

Proposed Parking Plan drg. no PL07;

Proposed Site Sections drg. no PL11;Proposed Street Elevations drg. no PL12;

Cardinham Plans and Elevations drg. no. PL20;

Dalby T1 Plans and Elevations drg. no. PL21;

Dalby T2 Plans and Elevations drg. no. PL22;

Dalby T3 Plans and Elevations drg. no. PL23;

Holt T1 Plans and Elevations drg. no PL24;

Holt T2 Plans and Elevations drg. no PL25;

Holt T3 Plans and Elevations drg. no PL26;

Rockingham Plans and Elevations drg. no. PL27;

Weston Plans and Elevations drg. no. PL28;

Temporary Access Road drg. no. SCH500 deposited on the 18th February 2021;

Swept Path Analysis plots 67-69 drg no. PJS20-15-007 deposited on the 8th March 2021;

On Plot Landscape Proposals drg no L-02 Rev C;

Public Open Space Landscape Proposals drg. no. L-01 Rev F deposited on the 20^th April 2021;

Revised site layout plan drg. no PL03 Rev G deposited on the 15th April 2021;

Revised Junction Visibility Splays drg. no. 0003 rev P02 deposited on the 15th April 2021;

Revised Refuse Vehicle Swept Path Analysis drg. no. 0001 rev P03 deposited on the 20th April 2021;

Standard Car Swept Path Analysis drg. no 0003 rev PO1 deposited on the 20th April 2021;

Standard Car Swept Path Analysis drg. no 0004 rev PO1 deposited on the 20th April 2021; and

the following supporting documents:-

Deposited 20th October 2020:Flood Risk Assessment produced  by PJS Consulting Engineers;Noise Impact Assessment produced by Hodkinson dated September 2020;  Supporting Planning Document ;Sustainability Statement produced by Ilke Homes; and Air Quality Statement Rev A produced by Ilke Homes deposited on the 5th November 2020;  and Revised application form and deposited on the 5th January 2021; and Revised Tree Schedule deposited on the 18th February 2021; and Revised Construction Environmental Management Plan produced by Hodkinson deposited on the 26th February 2021; Revised Geoenvironmental Assessment Parts 1 and 2  produced by Geotechnical engineers deposited on the 26th February 2021 PJS; and Revised Arboricultural Assessment produced by fpcr dated March 2021 deposited on the 26th March 2021; and  Revised Travel Plan dated 20th April 2021 and Transport Assessment dated 20th April 2021 produced by Hexa Consulting deposited on the 20th April 2021; and Updated Design and Access Statement deposited 23rd April 2021; and Tenure Split details deposited on the 24th April 2021. The development hereby permitted shall be undertaken in accordance with the submitted documents  

 3         Prior to above ground works commencing, samples of the materials to be used in the external elevation treatment of the building shall be submitted to and approved in writing by the Local Planning Authority. The details as approved shall be used in the construction of the dwellings.

 4         No above ground construction works shall commence until a full planting specification has been submitted to and approved in writing by the Local Planning Authority in relation to proposed tree planting for both the open space and individual plots which immediately abut the public highway footway. This shall include the following details

o          species

o          size of stock

o          whether root balled or bare root

o          the size and depth of planting pit

o          type of irrigation system to be used

o          type of support system to be used

o          type, size and nature of root barrier/deflector to be used

o          type and nature of surface mulch covering planting area

o          type of stem guard to be used to avoid casual damage by grass cutting

o          watering regime

o          replacement planting clause to ensure trees survive the first 5 years after planting

o          initial time of planting i.e. between September and December

o          timing of support removal i.e. after first 3 years.

The development thereafter shall be carried out in accordance with the approved details. 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.

 5         Prior to above ground works commencing details of proposed boundary treatments to the boundary of the application site shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatments shall be implemented prior to the first occupation of dwelling(s) hereby approved and shall be retained for the lifetime of the development..

 6         The boundary treatments to each plot shall be undertaken in accordance with the details shown on the Proposed Boundaries Plan (drg. PLo4) deposited on the 20th October 2020 hereby approved. The boundary treatments shall be erected in accordance with the approved details prior to the first occupation of the plot to which the boundary treatment relates and shall be retained for the lifetime of the application.

 7         Prior to above ground works commencing details of the proposed hard surfacing of the access roads, car parking areas, and the frontages of properties such as driveways and footpaths to front doors shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details.

 8         Occupation of the proposed dwellings shall not take place until their respective driveways have been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary, and which shall be constructed with provision to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

9         Occupation of the proposed dwellings shall not take place until the redundant vehicular access points as shown for indicative purposes on drawing 0001 revision P03 have been permanently closed and reinstated to footway (with the exception of the temporary access expressed as “redundant access to be reinstated to footway following construction” which will be in use up to the occupation of the final dwelling.)

10        No dwelling hereby approved shall be occupied until an application for a Traffic Regulation Order has been implemented to remove on-street parking as shown for indicative purposes on drawing 0003 revision P02.

11        No part of the development hereby approved shall commence until a detailed surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy., has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development. The scheme to be submitted shall:

o          Limit the discharge rate generated by all rainfall events up to the 100 year plus 40% (for climate change) critical rain storm 5 l/s rates for the developable area or as close to greenfield rates as practicable.

o          Provision of surface water run-off attenuation storage in accordance with 'Science Report SCO30219 Rainfall Management for Developments' and the approved FRA

o          Provide detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements. Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 2 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods.

o          For all exceedance to be contained within the site boundary without flooding new properties in a 100year+40% storm.

o          Details of STW approval for connections to existing network and any adoption of site drainage infrastructure.

o          Evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development to ensure long term

12        The measures proposed in the Travel Plan produced by Hexa Consulting and deposited on the 20th April 2021 hereby approved shall be fully implemented in accordance with the approved details.

13        All works on site shall be undertaken in accordance with the approved Construction Environmental Management Plan produced by Hodkinson deposited on the 26th February 2021 unless otherwise agreed in writing by the Local Planning Authority.

14        The development shall be carried out in complete accordance with the mitigation measures contained within Section 7.4 of the Air Quality Assessment produced by econ associates deposited on the 5th November 2020.

15        Trees to be retained on site shall be protected in complete accordance with details contained within Section 7 (Tree Protection Measures) and Tree Retention Plan drg. no. 9476-T-02 C contained within the Arboricultural Assessment dated March 2021 and deposited on the 26th March 2021.

16        The development shall be undertaken in complete accordance with the recommendations and mitigation measures at stated at section 4 of the Ecology Appraisal produced by fpr dated 26th June 2020 deposited on the 20th October 2020.

17        In accordance with the Recommendations and Conclusions of the Geoenvironmental Assessment Parts 1 and 2 produced by PJS Geotechnical Engineers Rev A deposited on the 26th February 20201 prior to the commencement of development the following shall be submitted to and approved in writing by the Local Planning Authority: 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.

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.

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.

18        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.

19        Prior to the erection of any external lighting (other than within the curtilages of the approved dwellings) there shall be submitted to and approved in writing by the Local Planning Authority details of all such lighting, including levels of illumination and a lux plot of the estimated luminance. The external lighting shall be provided in accordance with the approved details and shall be retained as such thereafter for the lifetime of the development.

20        The development shall be undertaken in complete accordance with the recommendations and mitigation measures as stated within the Noise Impact Assessment produced by Hodkinson dated September 2020.

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 form of development and the interest of visual amenity.

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

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

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

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

 8         In the interest of highway safety.

 9         In the interest of highway safety.

10        In the interest of highway safety.

11        To ensure that the development developments has sufficient surface water management, is not at increased risk of flooding and does not increase flood risk off-site.

12        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.

13        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 policyLPD11 of the Councils Local Plan.

14        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 policyLPD11 of the Councils Local Plan

15        To ensure that retained trees are protected.

16        In the interests of biodiversity on the site.

17        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.

18        In the interest of sustainable travel.

19        In the interests of protecting ecological interests and amenity.

20        To ensure a satisfactory form of development.

Reasons for Decision

The principle of the development accords with the objectives of national and local planning policies. It is considered that the site could be used for residential development without causing undue harm to visual and residential amenity, highway safety, ecological interests or flooding. It is therefore considered that the granting of outline 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

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.

Reference in any condition contained in this permission/refusal of permission to any Statute, Statutory Instrument, Order, Regulation, Design Guide or other document shall be taken to include any amendment, replacement consolidation or variation that shall from time to time be in force and any reference to any body or organisation (public or private) shall be taken to include any successor-body or organisation exercising relevant functions in place of or alongside the body named.

The applicant should note that notwithstanding any planning permission that 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 for which there is a fee.a)  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. b)          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. Correspondence with the Highway Authority should be addressed to: hdc.south@nottscc.gov.uk

The deposit of mud or other items on the public highway, and/or the discharge of water onto the public highway are offences under Sections 149 and 151, Highways Act 1980.  The applicant, any contractors, and the owner / occupier of the land must therefore ensure that nothing is deposited on the highway, nor that any soil or refuse etc is washed onto the highway, from the site.  Failure to prevent this may force the Highway Authority to take both practical and legal action (which may include prosecution) against the applicant / contractors / the owner or occupier of the land.  [Where the development site may be accessed by a significant number of vehicles or may be particularly susceptible to material 'tracking' off site onto the highway, details of wheel-washing facilities must be provided to and approved by the Highway Authority.]

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 developer is encouraged to consider upgrading the EV charging facilities to incorporate additional 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 in addition to the standard 3 pin socket 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 applicant is advised not to undertake any site clearance during the bird nesting season 1st March to 31st August inclusive in any given year.

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2018). Negotiations have taken place during the determination of the application to address adverse impacts identified by officers. Amendments have subsequently been made to the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.

The proposed works referred to in condition 10 requires a Traffic Regulation Order which is governed by legislation separate to the planning process. The TRO can be made on behalf of the developer by Via East Midlands for which there is a fee. The developer should contact as a matter of priority the Improvements Team on 0300 500 8080 for details.