Agenda item

Erection of 24 dwellings with associated access and landscaping.

 

The Principal Planning Officer introduced the report.

 

RESOLVED:

 

To GRANT PLANNING PERMISSION: Subject to the owner entering into a planning obligation secured through a s106 agreement with the Borough Council as the Local Planning Authority and the County Council to secure affordable housing, education contributions, payment in lieu of public open space, bus stop improvements, management company details and a local labour agreement; and subject to the conditions listed for the reasons set out in the report.

 

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 application form and following list of approved drawings:

 

            P22-0949 - P100 (Site Plan) Rev E

 

P22-0949 - P101 (Location Plan)

 

P22-0949 - P102 (Materials Plan)

P22-0949 - P104 (Car Park Strategy Plan)

 

P22-0949 - P105 (Storey Height Plan)

 

P22-0949 - P106 (Site Sections)

 

P22-0949 - P107 (Street Scenes)

 

P22-0949 - P120 (Abbey House Type)

 

P22-0949 - P121 (Bamburgh House Type)

 

P22-0949 - P122 (Belmont House Type)

 

P22-0949 - P123 (Burton House Type Floor Plans)

 

P22-0949 - P124 (Burton House Type Elevations)

 

P22-0949 - P125 (Clifton House Type)

 

P22-0949 - P126 (Rothway House Type)

 

P22-0949 - P127 (Staveley House Type)

 

P22-0949 - P128 (Windsor House Type)

 

P22-0949 - P129 (Belmont House Type - Plot 949 Only)

 

18Core 9050 rev 1 – single garage

 

P22-0949 - DAS.doc

 

Revised Tree Report

 

FPCR 6674 AA Rev B

 

Additional Balancing Lagoon Drawings

 

Lagoon Sections KM Harworth 01

 

Lagoon Layout KM Harworth 02

 

Swept Path Analysis

 

20560 - 508 - Swept Path Analysis

 

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

 

 

3.         Prior to above ground works commencing details of materials to be used in the external appearance of the development shall be submitted to and approved in writing by the Local Planning Authority.  Development shall proceed in accordance with the details as approved.

 

4.         Notwithstanding details previously submitted and prior to above ground works commencing, a scheme of landscaping and boundary treatments, 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.

 

5.         No part of the development hereby permitted shall be brought into use until the access arrangement from its junction with Lambley Lane connects to the south eastern site boundary and is provided in accordance with layout plan P100 rev E.

 

6.         No part of the development hereby approved shall commence until a details surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy R-FRA-20560-01-C, January 2020, JPP Consulting Ltd, has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be implemented in accordance with the details approved prior to the competition of the development.

 

7.         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.

 

8.         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, thereafter, be undertaken in accordance with the approved CEMP.

 

9.         Prior to the commencement of development, the following shall be complied with:

 

           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.

 

10.       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.

 

11.       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.

 

12.       Notwithstanding details submitted, prior to above ground works commencing details of boundary treatments to the site shall be submitted to and approved in writing by the Local Planning Authority.  The details as submitted shall be in situ prior to each unit being occupied.

 

13.       Prior to above ground works commencing, a drawing showing the location and design of bat boxes to be installed on site shall be submitted to and approved in writing by the Local Planning Authority.  The details as approved shall be installed prior to the pertinent units being occupied and shall be thereafter be retained in perpetuity.

 

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 ASC10.

 

4.         To ensure that the character of the area is respected and to comply with policy LPD19.

 

5.         To ensure that a safe and direct access is available to the highway network and to comply with policy LPD61.

 

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

 

7.         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.

 

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.

 

9.         To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 183 of the National Planning Policy Framework and policy LPD7.

 

10.       To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 183 of the National Planning Policy Framework and policy LPD7.

 

11.       To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 183 of the National Planning Policy Framework and policy LPD7.

 

12.       To ensure that the character of the area is respected and to comply with policy LPD19.

 

13.       To ensure that impacts on wildlife are duly considered and to comply with policy LPD18.

 

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 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 'Highway design guide | Nottinghamshire County Council'.

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payments 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 regarding 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 and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council in writing and appropriate agreements are entered into before any highway work commences on site.

.

Please contact the Highway Authority for details 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

 

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.

 

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 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).

 

In respect of details to be approved for surface water drainage, the scheme to be submitted shall:

 

Demonstrate that the development will use SUDS throughout the site as a primary means of surface water management and that design is in accordance with CIRIA C753.

 

Limit the discharge rate generate by all rainfall events up to the 100 year plus 40% (for climate change) critical rain storm 5 l/s rate for the developable area

 

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

 

Provide detailed design (plans, network details and calculations) in support of and 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 duration inclusive of the 1 in 1 year, 1 in 2 year, 1 in 3 year, 1 in 100 year and 1 in 100 year plus climate change return periods.

 

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

 

As part of the landscape and boundary treatment detail the Council would expect to see a green boundary treatment along the western edge of the site where existing trees are to be removed.  Furthermore, there would be a need to ensure that trees that fall on or close to the boundary of the application site are not detrimentally impacted, as identified in the Arboricultural Assessment.

 

Please note that should protected species be found on site during the development there would be a requirement to seek the advice of a suitably qualified ecologist and comply with the Wildlife and Countryside Act.