Agenda item

Erection of 120 dwellings with associated access, landscaping and infrastructure (approval of matters reserved by outline consent 2019/1186 (appearance, landscape, layout and scale)).

Clare Thornton, Senior Planner of Miller Homes (The Applicant), spoke in support of the application.

The Principal Planning Officer introduced the report. He advised Members that further to the publication of the report additional comments had been received from Severn Trent Water who had raised no objections to the application, subject to entering a Section 106 connection approval agreement which would secure a foul pumping station on the site.  He added that a letter of objection had also been received which raised no new issues. 

RESOLVED:

To Grant reserved matters approval, subject to the imposition of conditions, as set out in the report:

Conditions

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

- Site location plan (ref: 6097-L-05A)

- Planning layout (ref: G-DPL-01D)

- Materials layout plan (ref: BRG/MAT01 Rev C)

- Affordable housing plan (ref: BRG/AHP/01 Rev C)

- House Type Pack March 2021 (ref: BRG/HTP01)

- POS Landscape proposals (ref: 06097-FPCR-XX-XX-DR-L-0001-P09)

- Detailed LEAP plan (ref: 06097-FPCR-XX-XX-DR-L-0007-P06)

- On plot landscaping proposals sheets 1 to 4 (ref: 06097-FPCR-XX-XX-DR-L_0002-P04, 0003-P04, 0004-P04 and 0005-P04)

- Detailed hardworks and boundary treatment plan (ref: 06097-FPCR-XX-XX_DR-L-0006-P05) - Drainage/alternative pond layout/levels plan (ref: 22069-SK03 Rev F)

- Swept path analysis plan (ref: 22069-108-A)

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

2. No above ground works shall commence until samples of external facing and roofing materials 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.

3. Development shall proceed in accordance with the approved Arboricultural Assessment, which identifies the trees to be retained and protected; appropriate fencing to protect trees to be retained shall be in situ prior to commencement of development and be retained whilst development is underway that would impact on the trees and hedges to be retained.

4. Notwithstanding condition 1 above, no above ground works shall commence until details of the existing and proposed ground and finished floor levels of the site and approved building[s], including sections, 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.

5. No above ground works shall commence until details of the new road 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, and any proposed structural works. The development shall, thereafter, be implemented in accordance with the details as approved.

6. No part of the development hereby permitted shall be brought into use until the access driveways and parking areas are constructed with provision to prevent the unregulated discharge of surface water from the driveways and parking areas 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.

7. No above ground works shall commence until details of the closing of the existing access arrangement to Burton Road to the North East of the bus turning facility have been submitted to and approved in writing by the Local Planning Authority. This should be implemented on occupation of the final plot on the private drive serving plots 89-94.

Reasons

1.         For the avoidance of doubt.

2.         To ensure that the character of the area is respected and to comply with policy ACS10 of the Aligned Core Strategy.

3.         To ensure that the character of the area and existing ecology in site is protected and to comply with policies LPD18 and ACS10.

4.         In the interests of amenity and to respect the character of the area and to comply with policies LPD32 and ACS10.

5.         To ensure that relevant parts of the development is constructed to adoptable standards.

6.         To ensure surface water from the site is not deposited on the public highway causing dangers to road users.

7.         In the interests of Highway safety.

Notes to Applicant

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, in advance of any Section 38 Agreement and bond under the Highways Act 1980 that a developer/applicant may wish to complete to enable adoption of highways. 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.

A licence/agreement will be required to enable works to be undertaken on Burton Road to reinstate the existing access.

 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 for this development should be addressed to: hdc.south@nottscc.gov.uk

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