Agenda item

Application for the approval of reserved matters (layout, landscaping, scale and appearance) for the erection of 132 dwellings and associated infrastructure, pursuant to outline approval 2018/0607 (re-plan of reserved matters approvals 2020/0020 and 2022/0584 with 363 units in total).

The Development Manager introduced the report.

RESOLVED:

To grant reserved matters approval, subject to the imposition of conditions, as set out in the report:

1.             This permission shall be read in accordance with the application form and following list of approved drawings:

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

2.       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.

3.       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.

4.       The landscaping scheme as approved shall be carried out in the first planting season following the completion of the development. Any trees, shrubs or plants that die within a period of five years from the completion of the development, 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.

Reasons

1.       For the avoidance of doubt.

2.       To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc) and to comply with policy LPD61.

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

4.       To ensure that the development assimilate within the green environment and to comply with guidance within the NPPF.

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, 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.

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, 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.

It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site.

All correspondence with the Highway Authority should be addressed to:-

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

Wheel washing facilities shall be used by any vehicle carrying mud, dirt or other debris on its wheels before leaving the site so that no mud, dirt or other debris is discharged or carried on to a public road.

Please note that in accordance with Schedule 2, Part 1, Class F of the Town and Country Planning (General Permitted Development) (England) Order 2015, there would be a need to ensure that any hard surface over 5m squared would need to be permeable or drained in such a manner so as to ensure surface water drains within the curtilage of the property.