Agenda item

Proposed replacement dwelling and new field access within the site.

The Service Manager, Planning and Economic Development reported two changes to this item as follows:

1.    Comments of the Wildlife Trust, a note of which he referred Members to on P. 24.

2.    An amendment to the Reasons for Decision on Page 24 – last sentence – remove reference to ENV29 (Replacement of dwellings in the Green Belt.) 

RESOLVED: To Grant Planning Permission, subject to the following conditions: - 

Conditions

1.         The development must be begun not later than three years beginning with the date of this permission.

2.         The development hereby permitted shall be completed in accordance with the submitted plans received on 21st March 2014 drawing no's: 14.232.02, 14.232.01, and 13-60-01.

3.         Before development is commenced there shall be submitted to and approved by the Borough Council details of the materials to be used in the external elevations of the proposed dwelling. Once approved the development shall be carried out in accordance with these details, unless otherwise agreed in writing by the Borough Council.

4.         Before development is commenced there shall be submitted to and approved by the Borough Council a landscape plan of the site showing the position, type and planting size of all trees and shrubs proposed to be planted

The approved landscape shall be carried out in the first planting season following the substantial completion of the development and any planting material which becomes diseased or dies within five years of the completion of the development shall be replaced in the next planting season by the applicants or their successors in title.

6.         Before development is commenced there shall be submitted to and approved by the Borough Council details of the means of surfacing of the unbuilt on portions of the site. The proposed means of surfacing shall be completed in accordance with the approved details before the dwelling is first occupied.

7.         No part of the development hereby permitted shall be brought into use until the vehicular verge crossing has been hard surfaced along the verge to bring it up to the Highway Authority specification to the satisfaction of the Borough Council.

8.         No part of the development hereby permitted shall be brought into use until all drives and any parking or turning areas surfaced in a hard bound material (not loose gravel) for a minimum of 5.5 metres behind the Highway boundary. The surfaced drives and any parking or turning areas shall then be maintained in such hard bound material for the life of the development.

9.         No works permitted under Class A, B, C, D or E of Part 1 Schedule 2 of the Town & Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or in any provision equivalent to that Class in any Statutory Instrument revoking and re-enacting that Order) shall be undertaken without the prior written permission of the Borough Council.

10.       The existing dwelling and outbuildings shall be demolished prior to the commencement of the construction of the new dwelling.

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 development in accordance with policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008)

4.         To ensure satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2008).

5.         To ensure satisfactory development, in accordance with the aims of policy

ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2008).

6.         To ensure satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2008).

7.         In the interests of highway safety.

8.         In the interests of highway safety.

9.         In order to protect the openness of the Green Belt, in accordance with the aims of Policy ENV28 of the Gedling Borough replacement Local Plan (Certain Policies Saved 2008).

10.       To ensure that the existing dwelling and outbuildings are demolished prior to the construction of the replacement dwelling in order to ensure that there is only one dwelling on the site, so as to protect the openness of the Green Belt in accordance with the aims of Policy ENV29 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

Reasons for Decision

In the opinion of the Borough Council the proposed development is acceptable in terms of Green Belt policy, results in no significant impact on the openness of the Green Belt nor does it impact upon the amenity of occupiers of neighbouring properties and highway safety.  The proposal therefore accords with the National Planning Policy Framework (2012) and policies ENV1 (Development Criteria) of the Gedling Borough Replacement Local Plan (Certain Policies Saved) 2008.

Notes to Applicant

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.

Should any bat/s be found during demolition, work must stop immediately. If the bat/s does not voluntarily fly out, the aperture is to be carefully covered over to provide protection from the elements whilst leaving a small gap for the bat to escape should it so desire. The Bat Conservation Trust should be contacted immediately on (0845) 1300228 for further advice and they will provide a licensed bat worker to evaluate the situation and give advice. Failure to comply is an offence under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010 which makes it an offence to kill, injure or disturb a bat or to destroy any place used for rest or shelter by a bat (even if bats are not in residence

at the time). The Countryside and Rights of Way Act 2000 strengthens the protection afforded to bats covering 'reckless' damage or disturbance to a bat roost.

The proposal makes it necessary to hard surface the vehicular crossing over the verge of the public highway and reinstate the verge fronting the site back to verge. These works shall be constructed to the satisfaction of the Highway Authority. You are, therefore, required to contact the County Council's Customer Services to arrange for these works on telephone 0300 500 80 80 to arrange for these works to be carried out.

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework.