Agenda item

Erection of 8 detached dwellings and 3 apartment buildings (comprising 29 flats).

 

Ron Hodges, a Trustee of 3rd Woodthorpe St Marks Scout Group, spoke in objection to the application.

 

The Principal Planning Officer informed members that further to the publication of the report, additional comments had been received from Nottinghamshire County Council, who had identified that a contribution of £18,500 was sought towards bus stop improvements in the area.  He had noted the additional letters from objectors as reported to members that raised concerns in relation to possible noise pollution, air pollution and the removal of hedges which raised no new issues.

 

He then went on to introduce the report.

 

He concluded that the application was recommended for approval subject to the signing of a Section 106 agreement to include contributions to public transport and subject to the conditions as outlined in the committee report. 

 

Following debate, the Principal Planning Officer proposed an amendment to Condition 19 – in relation to boundary treatments as follows:

 

Condition 19

 

Prior to the commencement of the development, 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.  Development shall be completed in accordance with the approved details.

 

 

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 Authority to secure a local labour agreement, affordable housing and financial contributions towards public transport, education, primary care, public open space and maintenance of the same and monitoring fees; and subject to the updated 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:

 

N1538_127_L_ PROPOSED siteplan / roofplan

N1538_128_G_ PROPOSED ground floor (west)

N1538 _129_K_ PROPOSED ground floor (east)

N1538_130_E_ PROPOSED Building B Elevations

N1538_132_E_ PROPOSED Building A Elevations

N1538_133_C_ PROPOSED Building A Ground floor plan

N1538_134_C_ PROPOSED Building A First floor plan

N1538_135_C_ PROPOSED Building A Second floor plan

N1538_136_C_ PROPOSED Building A Roof plan

N1538_137_E_ PROPOSED Building B Ground floor plan

N1538_138_E_ PROPOSED Building B First floor plan

N1538_138_E_ PROPOSED Building B First floor plan

N1538_139_D_ PROPOSED Building B Second floor plan

N1538_141_D_ PROPOSED Building B Roof plan

N1538_142_E_ PROPOSED Building C Ground floor plan

N1538_143_E_ PROPOSED Building C Upper floor plans

N1538_144_D_ PROPOSED Building C Elevations

N1538_145_E_ PROPOSED Long Street Elevations

N1538_146_E_ PROPOSED First floor house plans

N1538_147_C_ PROPOSED Sections through site

N1538_149_A_ Location Plan

 

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.       No development shall be brought into use on any part of the application site unless or until junctions to the West/East of Colliery Way and access off Mapperley Plains have been provided as shown for indicative purposes only on the attached plan reference no. N1538-127-L.

 

5.       No part of the development hereby permitted shall be brought into use until the parking/turning/servicing areas are provided in accordance with the approved plan reference no. N1538-127-L.  The parking/turning/servicing areas shall not be used for any purpose other than parking/turning/loading and unloading of vehicles

 

6.       None of the five dwellings to be accessed off Mapperley Plains shall be occupied until a Traffic Regulation Order banning right hand turning on exiting the site as shown for indicative purposes only on drawing ref TP2250549/40 has been processed. The scheme to prevent the right hand turn shall then be implemented in accordance with the approved details prior to first occupation.

 

7.       No part of the development hereby permitted shall be brought into use until provision has been made within the application site for parking of cycles in accordance with details submitted to and approved in writing by the Local Planning Authority. The cycle facilities shall be located near to the main entrance to the development, be covered, lockable and secure and that area shall not thereafter be used for any purpose other than the parking of cycles.

 

8.       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.

 

9.       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.

 

10.      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.

 

11.      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.

 

12.      The noise mitigation identified in the noise report submitted in support of the application (ref: 784-B038289, dated May 2022), contained in section 6.0, shall be completed prior to occupation of any properties identified as being affected.

 

13.      Prior to above grounds works commencing, the acoustic fence shown to be re-located to the eastern edge of the site, as identified on drawing N1538-127-L, shall be in-situ.

 

 

14.      A) No demolition/development shall take place/commence until a programme of archaeological work including a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:

 

1.       The programme and methodology of site investigation and recording

 

2.       The programme for post investigation assessment

 

3.       Provision to be made for analysis of the site investigation and recording

 

4.       Provision to be made for publication and dissemination of the analysis and records of the site investigation

 

5.       Provision to be made for archive deposition of the analysis and records of the site investigation

 

6.       Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

 

B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).

 

C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

 

15.      No part of the development hereby approved shall commence until a detailed surface and foul water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and drainage strategy dated 24 May 2023 (ref: MPNH-BSP-ZZ-XXRP-C 0001-P02_Flood_Risk_Assessment), has been submitted to and approved in writing by the Local Planning Authority.  Development shall proceed in accordance with the details as approved.

 

16.      From the date of first occupation of plots 1-8 built on site shall be provided with access to electric vehicle (EV) charge point(s) in line with Part S of the Building Regulations. 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

 

Prior to the occupation of building(s) A-C hereby permitted, details shall be submitted to and approved in writing by the Local Planning Authority as to the position within the development of a minimum of five (5) Electric Vehicle Recharging Points [minimum four EV points serving Buildings A and B (two at each) and minimum one to Building C]. Charge points must have a minimum power rating output of 7kW, 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.

 

17.      The development hereby approved shall completed in accordance with the mitigation identified in para 6.2 of the updated ecological report (dated April 2023 ref TS 2023/03/700), namely a qualified ecologist shall be on-site during site clearance.

 

18.      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.

 

19.      Prior to the commencement of the development, 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.  Development shall be completed in accordance with the approved details.

 

20.      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.

 

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.       In the interests of highway safety and to comply with policy LPD61.

 

5.       In the interests of highway safety and to provide adequate parking and comply with policies LPD57 and LPD61.

 

6.       In the interests of highway safety and to comply with policy LPD61.

 

7.       To encourage sustainable means of transport and comply with guidance within the NPPF.

 

8.       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.

 

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 of the Councils Local Plan.

 

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 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 that residential amenity is respected and to comply with policy LPD32.

 

13.      To ensure that residential amenity is respected and to comply with policy LPD32.

 

14.      To ensure compliance with policy LPD30.

 

15.      To ensure that the site is suitably drained and to comply with polcies LPD3 and LPD4.

 

16.      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.

 

17.      To ensure that any protected species are not harmed and to comply with policy LPD18

 

18.      To ensure the character of the area is respected and biodiversity duly considered, and to comply with policies LPD18 and LPD19.

 

19.      To ensure that the character of the area and residential amenity is respected and to comply with policies LPD32 and ASC10.

 

20.      To ensure that the character of the area and residential amenity is respected and to comply with policies LPD32 and ASC10.

 

Notes to Applicant

 

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) and The Electric Vehicles (Smart Charge Points) Regulations 2021.

The applicant should note that notwithstanding any planning permission that any development serving 5 dwellings, or more is subject to the Advance Payments Code under the highways Act 1980 (as amended). All private roads will need to be maintained under a management company and a s106 agreement will need to be entered into which should include how the roads are to be managed and maintained.  Once the landowner has completed the roads 'fit for purpose' and the above completed the landowner can then be exempted from the APC.

a)       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.  It is recommended that the developer contact the Highway Authority as early as possible.

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. To undertake the works, you will need to enter into an agreement under Section 278 of the Act.

Correspondence with the Highway Authority should be addressed to:- hdc.south@nottscc.go.uk