Agenda item

Erection of 24 dwellings, associated parking and access road.

 

Phillip Oddie, a local resident, spoke on behalf of The Willow Farm Action Group, in objection to the application.

 

The Principal Planning Officer introduced the report and provided an update as summarised below.

 

He recommended that an additional condition be added in respect of a further protected species survey for a mature ash tree to be removed to the site entrance.  The recommended condition was;

Prior to the commencement of development, a protected species survey shall be completed in respect of possible bat roosts for the Ash Tree to the site entrance, which is intended to be removed.  The survey shall be submitted to and approved in writing by the Local Planning Authority and any mitigation approved in the report shall be undertaken.

He added that since publication of the committee report a number of emails had been received from the Willow Farm Action Group and a local resident expressing concern about the application and the committee report in particular, relating to the loss of a tree to the site entrance, whether the impact on protected species had been explored, including on hedgerows, whether a Landscape and Visual Impact Assessment (LVIA) was required and also whether impacts on residential amenity had been suitably assessed, including whether neighbour letters had been appropriately summarised.

 

He explained that an additional condition was recommended in respect of exploration for the potential of bats in the Ash tree which was being removed, that the specimen was not considered worthy of a preservation order and that its removal was supported.  He added that the layout indicated existing hedgerows would be retained as per the proposed drawings and a landscaping scheme secured through condition 4.  

 

He added that whilst no LVIA had been submitted in support of the application, one had been undertaken as part of allocating the site for residential development within the Local Plan, which concluded that the site was of medium landscape sensitivity.

 

He added that in respect of the comments from neighbours, statutory consultees and the impacts on residential amenity, these had been accurately summarised and covered within the officer report and raised no new issues.

 

He added that concern had been raised about the Human Rights Act and whilst recent case law established that Article 8 (Human) Rights were important, it should not be assumed that any would outweigh the importance of having coherent control over town and country planning.

 

 

He concluded that the application be recommended for approval as outlined  in the report with an additional condition relating to the requirement for a protected species survey.

 

Councillor Lawrence joined the meeting.

 

Councillor Barnfather proposed a motion that the application be deferred to a future meeting until the applicant had produced a Landscape and Visual Impact Assessment, so that the committee were fully informed of the impact of the development on existing properties and on the quality of life of the residents of those properties, before a decision was made. 

 

The motion was seconded by Councillor Adams, but was not carried, and it was therefore

 

RESOLVED:

 

To GRANT PLANNING PERMISSION: Subject to the owner entering into planning obligations secured through a s106 agreement with the Borough Council as the Local Planning Authority and the County Council as Education and Transport Authority to secure affordable housing, education contributions, payment for public open space maintenance or details of a management company to fulfil the same role if not adopted by the Council, contributions towards bus stop improvements, monitoring fees and a local labour agreement; 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:

 

3507-101J Site layout

3507-102J Site roof plan

3507-112A Location plan

3507-203B House A

3507-204B House B

3507-205B House C

3507-206C House D

3507-207A House E

3507-208A House F

3507-209A House G

3507-210 House H

3507-211C Street scene

3507-212A House J

3507-213A House A1

3507-214A House B1

002042-JPL-ZZ-ZZ-DR-D-4701-A2-C03 Indicative Access Road

Accommodation Schedule Rev- F

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 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 development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

1. The parking of vehicles of site operatives and visitors

 

2. Loading and unloading of plant and materials

 

3. Storage of plant and materials used in constructing the development

 

4. The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

 

5. Wheel washing facilities

 

          6. Measures to control the emission of dust and dirt during construction

 

7. A scheme for recycling/disposing of waste resulting from demolition and construction works.

 

8. The routing of deliveries and construction vehicles to site and any temporary access points.

 

6.       No part of the development hereby permitted shall take place until details of the internal roads have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross-sectional gradients, speed limit and calming measures, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. The development shall be implemented in accordance with these details to the satisfaction of the Local Planning Authority.

 

7.       No part of the development hereby permitted shall be brought into use until all drives and parking areas are surfaced in a bound material (not loose gravel). The surfaced drives and parking areas shall then be maintained in such bound material for the life of the development.

 

8.       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.

 

9.       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 NSW02042-1RP, 9/9/22, Jackson Purdue Lever, has been submitted to and approved in writing by the Local Planning Authority.  Development shall proceed in accordance with the details as approved.

 

10.      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.

 

11.      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.

 

 

12.      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.

 

13.      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.

 

14.      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.

 

15.      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 buildings, including retaining walls, 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.

 

16.      No part of the development shall be brought into use until details of all the boundary treatments proposed for the site including types, height, design and materials, have been submitted to and approved in writing by the Local Planning Authority.  The approved boundary treatment for each individual plot on site shall be implemented prior to the occupation of each individual dwelling.

 

17.      Prior to the commencement of development details of means by which the site will be drained during construction shall be submitted to and approved in writing by the Local Planning Authority.  Development shall thereafter be undertaken in accordance with the details as approved.

 

18.      Prior to the commencement of development, a protected species survey shall be completed in respect of possible bat roosts for the Ash Tree to the site entrance, which is intended to be removed.  The survey shall be submitted to and approved in writing by the Local Planning Authority and any mitigation approved in the report shall be undertaken.

 

 

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.

 

4.       To ensure that the character of the area is respected and to comply with policy ACS10.

 

5.       In the interest of highway safety, and to minimise disruption to users of the public highway and protect the amenity of local residents and to comply with policy LPD61.

 

6.       To ensure the development is constructed to adoptable standards and comply with policy LPD61.

 

7.       To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc) and comply with policies LPD57 and LPD61.

 

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

 

9.       To ensure that the site is adequately drained and to comply with policies LPD3 and LPD4.

 

10.      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.

 

11.      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.

 

12.      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 of the Councils Local Plan.

 

13.      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 of the Councils Local Plan.

 

14.      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 of the Councils Local Plan.

 

15.      To ensure the character of the area and residential amenity are respected and to comply with policies ACS10 and LPD32.

 

16.      To ensure the character of the area and residential amenity are respected and to comply with policies ACS10 and LPD32.

 

17.      To ensure that the site is adequately drained and to comply with policies LPD3 and LPD4.

 

18.      To ensure protected species are not detrimentally impacted and comply with policy LP18.

 

 

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).

In respect of the surface water drainage scheme to be approved, it should;

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 and NPPF Paragraph 169.

Limit the discharge generated by all rainfall events up to the 100 year plus 40% (climate change) critical rain storm to QBar rates for the developable area.

Provide detailed design (plans, network details, calculations and supporting summary documentation) in support of any surface water drainage scheme, including details on any attenuation system, the outfall arrangements and any private drainage assets.

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 30 year and 1 in 100 year plus climate change return periods.

 

o        No surcharge shown in a 1 in 1 year.

 

o        No flooding shown in a 1 in 30 year.

 

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

 

Evidence to demonstrate the viability (e.g Condition, Capacity and positive onward connection) of any receiving watercourse to accept and convey all surface water from the site.

 

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

 

Evidence of approval for drainage infrastructure crossing third party land where applicable.

 

Provide a surface water management plan demonstrating how surface water flows will be managed during construction to ensure no increase in flood risk off site.

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 effectiveness.

 

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

 

In order to carry out the off-site works i.e. works on 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. Applicant will need to enter into an agreement under Section 278 of the Act. Please contact the County Highway Authority 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 (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.

Please note that the grant of planning permission does not override civil legal matters with regard to development on or over a boundary, including the Party Wall etc Act, advice on which should be sought from an independent source.