Agenda item

Application No. 2021/0737 - 96 Plains Road, Mapperley

Minutes:

Erection of 9 dwellings.

 

The Principal Planning Officer introduced the report, which identified that a contribution of £17,635 was targeted to be spent at the park on the corner of Bailey Drive and Plains Road.  He added that as this area of public open space remained under the control of a private company, that rather than explicitly identifying that the money would be spent on this park, as it might not be possible to reach agreement with the site owner, it was requested that the wording of the legal agreement identified that the money be spent in the locality, in accordance with the Open Space Supplementary Planning Document. 

 

RESOLVED:

 

To Grant Planning Permission: Subject to the owner(s) entering into planning obligations with the Borough Council as Local Planning Authority for a financial contribution towards off-site public open space and the provision of a management company for maintenance of access roads and areas of on-site open space not within the curtilages; and subject to the conditions listed for the reasons set out in the report:

 

 

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 application form and following list of approved drawings:

21/402-02D - site layout

 

21/402-A01_A - housetype A elevations plot 1

21/402-A02_A - housetype A floor plans plot 1

21/402-A03 - housetype A elevations plot 2

21/402-A04 - housetype A floor plans plot 2

21/402-B01 - housetype B

21/402-C01 - housetype C

21/402-D01 - housetype D

21/402-E01 - housetype E elevations

21/402-E02 - housetype E floor plans

 

21/402-G01_A - detached garage

 

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

 

3.         No above ground works shall commence until samples of external facing and roofing materials to be used in the erection of the dwellings have been submitted to and approved in writing by the Local Planning Authority.  Development shall thereafter be carried out in accordance with the approved details.

 

4.         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.

 

 

5.         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.

 

6.         From the date of first occupation every property built on the site with one or more dedicated vehicle parking spaces and/or a garage shall be provided with access to an electric vehicle (EV) charge point. Charge points must have a minimum power rating output of 7kW on a dedicated circuit, capable of providing a safe overnight charge to an electric vehicle.

All EV charging points shall meet relevant safety and accessibility requirements and be clearly marked with their purpose; which should be drawn to the attention of new residents in their new home welcome pack / travel planning advice.

 

7.         Prior to the commencement of development, a scheme of landscaping showing the location, species and size of specimens to be planted shall be submitted to and approved in writing by the Local Planning Authority.  The scheme as approved shall be carried out in the first planting season following the completion of each development phase. Any trees, shrubs or plants that die within a period of five years from the completion of each development phase, or are removed and/or become seriously damaged or diseased in that period, shall be replaced (and if necessary continue to be replaced) in the first available planting season with others of similar size and species.

 

8.         No part of the development shall be commenced until details of the existing and proposed ground and finished floor levels of the site and approved building(s) have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out thereafter in accordance with the approved details.

 

9.         No development shall be commenced until details of the means of foul drainage and surface water disposal have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out thereafter in accordance with the approved details.

 

10.       Prior to the commencement of development, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority.  The document shall, where possible, identify compliance with the recommendations contained in the preliminary ecological appraisal submitted in support of the application.

 

11.       Prior to the occupation of any dwelling, the parking spaces for that dwelling shall be made available for use and be retained as such thereafter.

 

12.       No part of the development hereby permitted shall be brought into use until the access drive and footways are constructed and surfaced in a hard-bound material (not loose gravel).The surfaced access drive and footways shall then be maintained in such hard-bound material for the life of the development.

 

13.       No part of the development hereby permitted shall be brought into use untilthe access and footways are constructed with a gradient not exceeding 1 in 30 for a distance of 10m from the rear of the highway boundary, and never exceeds 1:15 thereafter, in accordance with drawing no. 21/402-02D.

 

14        No part of the development hereby permitted shall be brought into use untilthe access driveway / parking / turning area (s) is constructed with provision to prevent the unregulated discharge of surface water from the driveway/parking/turning area(s) to the public highway in accordance with details first submitted to and approved in writing by the LPA. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

15.       No part of the development hereby permitted shall be brought into use until the bin store has been constructed and positioned in accordance with drawing number 21/402-02D.

 

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 to comply with policy ACS10 of the Aligned Core Strategy.

 

4.         To ensure that if any unexpected contamination is found it is fully investigated and to comply with policy LPD7.

 

5.         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.

 

6.         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.

 

7.         To ensure that the development assimilated within the green landscape and to comply with policies LPD18 and LPD19.

 

8.         To ensure that the character of the area and residential amenity is respected and to comply with policy LPD32.

 

9.         To ensure that the site is adequately drained and to comply with policy LPD4.

 

10.       To ensure compliance with policies LPD18 and ACS17.

 

11.       To ensure adequate parking provision is provided and to comply with policy LPD57.

 

12.       To ensure adequate access to the properties and to comply with policy LPD61.

 

13.       To ensure adequate access to the properties and to comply with policy LPD61.

 

14.       To ensure surface water from the site is not deposited on the public highwaycausing dangers to road users and to comply with policy LPD61.

 

15        To enable the bins to be collected by the refuse team on collection day and to comply with policy LPD61.

 

 

Notes to Applicant

 

The developer is encouraged to consider upgrading the EV charging facilities to incorporate mode 3 charging capability as this will help future proof the development and improve its sustainability. A suitable electrical socket can be provided to allow 'Mode 3' charging of an electric vehicle, allowing 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 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 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

 

Please note that the grant of planning permission does not override civil legal matters in respect of development on or over a boundary or in respect of access to third party land, advice on which should be sought from a suitably qualified solicitor or surveyor.

 

Please note that this grant of planning permission does not override the need to comply with the Wildlife and Countryside Act.

No part of the development hereby permitted shall be brought into use until the extended footway and access has been fully constructed under s278 agreement.

 

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 hdc.south@nottscc.gov.uk for details.

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2021). 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.

 

 

 

 

 

 

 

Supporting documents: