Agenda item

Demolition of buildings (single storey arched and flat roof structures) and proposed 5no 3 bedroom bungalows.

 

Ann Incerti, a local resident, spoke against the application.

 

The Principal Planning Officer informed members that since the publication of the report an additional comments had been received from Papplewick Parish Council but these raised no new issues to those already contained within the report.

 

He then went on to introduce the report.

 

He concluded that the recommendation was to grant full planning permission subject to conditions set out in the report with two additional conditions in relation to off-street car parking and surface water drainage. 

 

RESOLVED:

 

To Grant Full Planning Permission subject to conditions:

 

Conditions

 

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

 

 2         This permission shall be read in accordance with the application form received on 19th June 2020 and deposited plans, drawing no's SI21/1078/3-01A, SI21/1078/5-A, SI21/1078/2-D, SI21/1078/4-B, SI21/1078/9 and SI21/1078/8, received on 31st March 2022. The development shall thereafter be undertaken in accordance with these plans/details.

 

 3         Before development hereby approved is first commenced a landscape scheme shall be submitted to and approved in writing by the Local Planning Authority. The landscape scheme shall include full details of both soft and hard landscape works together with detailed landscape plans and particulars which shall include: (a) details of size, species, positions and densities of all trees, hedges and shrubs to be planted; (b) details of the boundary treatments, including those to individual plot boundaries; (c) the proposed means of surfacing access roads, car parking areas, and the frontages of properties such as driveways and footpaths to front doors, and (d) a programme of implementation. The landscape scheme would need to demonstrate compliance with Section 4 of Biodiversity Net Gain Metric and Section 5 of the Preliminary Ecological Assessment. The development shall be implemented in accordance with the approved details, which shall be retained for the lifetime of the development.

 

 4         If within a period of five years beginning with the date of the planting of any tree or shrub, approved in relation to Condition 3, that tree or shrub, or any tree or shrub that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Local Planning Authority.

 

 5         The access driveway shall be surfaced in a hard-bound material (not loose gravel) for a minimum of 10.0 metres behind the Highway boundary and 4.8m in width as shown on drawing no. SI21/1078/2-D, before development is commenced. The surfaced drive shall then be maintained in such hard-bound material for the life of the development.

 

 6         No part of the development hereby permitted shall be brought into use until the bin storage/ store/ collection point has been constructed and positioned within 25.0m of the public highway.

 

 7         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no development falling within Classes A, AA, B, C, D, E and/or F of Part 1 of Schedule 2 to that Order shall be carried out.

 

 8         From the date of first occupation each dwelling shall be provided with access to electric vehicle (EV) charge point(s) in line with Part S of the Building Regulations 2010. 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.

 

 9         Prior to the commencement of development the following shall be submitted to and approved in writing by the Local Planning Authority:

 

-          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 and

-          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 to 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       No development shall take place until full details of finished floor levels, above ordnance datum, of the ground floors of the proposed dwellings and all hard landscaped surfaces, in relation to existing and proposed ground levels and cross sections of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels.

 

13        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.

14        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.

 

15        Development shall proceed in accordance with the approved Arboricultural Implications Assessment and Arboricultural Method Statement (dated 09 June 2020) in respect of trees to retained and protective fencing to be erected.

 

16        Development shall proceed in accordance with the conclusions and recommendations outlined in Biodiversity Net Gain Metric report, dated 05 January 2023.

 

17        Prior to the commencement of development, a further badger survey shall be completed and submitted for written approval by the Local Planning Authority.  Any mitigation identified in the approved report shall thereafter be adhered to.

 

18.       No dwelling hereby approved shall be occupied until such time as all off street car parking spaces for each respective dwelling has been formed, together with the communal turning space, as detailed on plan reference SI21/1078/9.  The turning area and car parking spaces shall remain in place for the lifetime of the development.

 

19.       None of the dwellings hereby permitted shall be occupied until works for the disposal of surface water drainage and sewage have been provided on the site to serve the development hereby permitted, in accordance with details that have first been submitted to and approved in writing by the local planning authority.   They shall remain in place for the lifetime of the development unless otherwise agree in writing by the local planning authority.

 

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 the aims of policy LPD 10 of the Aligned Core Strategy.

 

 4         To ensure a satisfactory development in accordance with the aims of Policy 10 of the Aligned Core Strategy.

 

 5         To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc.).

 

 6         To enable the bins to be collected by the refuse team on collection day.

 

 7         In order to protect the openness of the Green Belt.

 

 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 of the Local Planning Document.

 

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

 

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

 

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

 

12       To ensure a satisfactory development in accordance with the aims of Policy 10 of the Aligned Core Strategy.

 

13        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.

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

15        To comply with policies LPD18 an LPD19.

 

16        To comply with policy LP18.

 

17        To comply with policy LP18.

 

18        To ensure there are measures to pro-actively manage surface water including the use of appropriate surface treatments and to accord with Policy LDP4 of adopted of the Local Planning Document.

 

19        To ensure the development hereby approved include measures to pro-actively manage surface water including the use of appropriate surface treatments and foul drainage and to accord with the National Planning Policy Framework and Policy LPD4 of the Local Planning Document.

 

Reasons for Decision

 

It is considered, given the scale, design and layout of the proposal, the proposed scheme would be appropriate development in the Green Belt, it would conserve and enhance the landscape character of the area, it would not result in harm to protected species and it would be acceptable from a residential amenity and highway safety perspective; in accordance with Sections 5, 11, 12, 13 and 15 of the National Planning Policy Framework, Policies 8 and 10 of the Aligned Core Strategy and Policies LPD 7, LPD 11, LPD 18, LPD 19, LPD 32, LPD 35, LPD 40, LPD 57 and LPD 61 of the Local Planning Document.

 

Notes to Applicant

 

Positive and Proactive Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework. Negotiations have taken place during the consideration of the application to address adverse impacts identified by officers and/or address concerns raised by letters of representation submitted in connection with the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.

 

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.

 

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

 

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.

 

When considering carrying out any work to trees it is important to consider the provisions made in the Wildlife and Countryside Act 1981, Conservation (natural habitats) Regulations 1994 and the Countryside Rights of Way Act 2000, which mean it is an offence to intentionally or recklessly kill, injure or take a bat, Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a bat, Intentionally or recklessly disturb a bat while it is occupying a structure or place that it uses for shelter or protection, damage, destroy or block access to the resting place of any bat, Intentionally or recklessly kill, injure or take a wild bird, Intentionally or recklessly take, damage or destroy the nest of any wild bird when it is in use or being built, Intentionally or recklessly take, damage or destroy the egg of any wild bird. These points outline the main parts of the above legislation. If you are unsure about these issues, it would be advisable to contact an ecological consultant before undertaking any tree work operations.

 

As part of the approval of details reserved by Condition 3 it is necessary to demonstrate how each of the plots is to be accessed from the shared access by virtue of materials.