Agenda item

Erection of 54 dwellings (38 open market and 16 affordable dwellings), along with the provision of associated public open space and infrastructure.

 

The Principal Planning Officer informed members of two updates.

 

Firstly, that condition 9 on page 109 of the Planning Committee agenda recommended that, if planning permission be granted for the development, then this would be subject to a condition requiring the applicant to agree a Construction Method Statement.

 

She added that as part of this Construction Method Statement an alternative temporary road for construction traffic to access the site directly from the B684 Mapperley Plains could be explored and that whilst no precise details had been agreed, the Highway Authority had been consulted on this and had raised no objection to the principle of a temporary access road in this location during the construction of the site. She added that the applicant had also confirmed that they were agreeable in principle to the suggested temporary access road.

 

Secondly, there had been one further neighbour objection received after the Committee Report was published, in relation to dog walkers from the new Davidson Homes estate allowing their dogs to foul on her garden and that if planning permission was granted for this new development, then this situation may worsen.

 

The Principal Planning Officer then went on to introduce the report.

 

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 the Local Highway Authority to secure 5 no. First Homes and 11 no. affordable rented units (affordable housing) on the site, areas of public open space on the site as well as a maintenance contribution, a travel plan monitoring fee, a S106 monitoring fee as well as a contribution to education, libraries, primary healthcare, and a local labour agreement and subject to the conditions listed for the reasons set out in the report.

 

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 documents;-

 

          Garage Type STS, House Type 761, House Type 920, House Type Chapman, House Type Crane, House Type Gardener, House Type Harrison, House Type Hermitage, House Type Heywood, House Type Hudson, House Type Kipling 1, House Type Kipling 2, House Type Seymour, received 15^th January 2024

          Amended Site Location Plan, received 28^th June 2024

          House Type 1158, received 28^th June 2024

          Application forms and certificates, received 4^th July 2024

          Amended Proposed Site Layout 2326-03-01 Rev R, received 16^th August 2024

          Amended travel Plan (ref: T23541 rev B dated 08/05/24)

 

 3       No above ground construction works shall commence until samples of the proposed external facing materials to be used in the construction of the development have been submitted to, and approved in writing by, the Local Planning Authority and the development shall only be undertaken in accordance with the materials so approved and shall be retained as such thereafter.

 

 4       No unit shall be occupied until a detailed scheme for the boundary treatment of the site, including position, design and materials, and to include all boundaries, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before the buildings are first occupied.

 

 5       No development shall be commenced until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These works shall be carried out as approved prior to the first occupation of the development. These details shall include:

 

A schedule (including planting plans and written specifications, including cultivation and other operations associated with plant and grass establishment) of shrubs and other plants, noting species, plant sizes, proposed numbers and densities. The scheme shall be designed so as to enhance the nature conservation value of the site, including the use of locally native plant species.

 

An implementation and phasing programme.

 

Hard surfacing materials.

 

 6       No trees, shrubs or hedges within the site which are shown as being retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without the prior consent in writing of the local planning authority.  Any trees, shrubs or hedges which die, are removed, or become seriously damaged or diseased within five years of being planted, shall be replaced with trees, shrubs or hedge plants in the current or next planting season with others of similar size and species.

 

 7       The development hereby permitted must not be commenced until the tree protection measures as set out in the submitted Arboricultural Method Statement, received by the Local Planning Authority 3^rd September 2024 have been implemented in accordance with those approved details. Thereafter, all works to existing trees hereby given consent must be carried out in accordance with British Standard BS 3998:2010 Tree work - Recommendations. The approved tree protection measures must remain in place on the site throughout the construction of the development hereby permitted. No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities are permitted within the protected area(s) without the written agreement of Local Planning Authority.

 

8        Occupation of the proposed dwellings shall not take place until their respective driveways/parking areas have been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0m from the rear of the public highway, and which shall be drained to prevent the discharge of surface water from the driveways/parking areas to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

 

9        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:

 

          i.         the parking of vehicles of site operatives and visitors

 

          ii.        loading and unloading of plant and materials

 

iii.       storage of plant and materials used in constructing the development

 

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

 

          v.        wheel washing facilities

 

vi.       measures to control the emission of dust and dirt during construction

 

vii.      a scheme for recycling/disposing of waste resulting from demolition and construction works

 

10       From the date of first occupation every property built on the 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.

 

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 unless otherwise agreed in writing by the Local Planning Authority.

 

12       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 Plains Road Mapperley, December 2023, Woods Harwick., has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development. The scheme to be submitted shall:

 

          ? 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.

         

13       No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

 

14       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 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.

 

15       The development hereby permitted shall be carried out in accordance with details contained in the submitted Ecological Appraisal, received by the Local Planning Authority 15^th January 2024. In particular;-

 

          No building on site shall be occupied until details of bird nest boxes and bat boxes have been implemented in accordance with Table 6 of the Ecological Appraisal. The bird and bat boxes shall then be retained thereafter for the lifetime of the development.

 

          No development shall be commenced until details of a low impact lighting strategy will for the site during and post-development have been submitted to and approved in writing by the Local Planning. Development shall then be carried out in accordance with the approved details.

 

          Prior to any tree pruning or felling, a close-up inspection of any features that could be used by roosting bats will be undertaken to determine the presence or likely absence of roosting bats. This may require a qualified climbing team or a Mobile Elevated Work Platform (MEWP) to access the features. In the unlikely event that a bat or evidence of bats is discovered during the development all work must stop and a bat licensed ecologist contacted for further advice.

 

          A precautionary working method will be implemented during construction, including the following measures:

 

·       Any excavations will be covered overnight, or a ramp will be installed to enable any trapped animals to escape.

 

·       Any chemicals or pollutants used or created by the development should be stored and disposed of correctly according to COSHH regulations.

 

·       In the unlikely event that a badger sett is identified, works must cease and advise must be sought from a suitably qualified ecologist.

 

·       If any hedgehogs are found in the working area these should be allowed to disperse of their own accord or, if at immediate risk, should be moved by hand to a sheltered, vegetated area away from disturbance.

Reasons

 

 1       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

 

 2       For the avoidance of doubt.

 

 3       In the interests of visual amenity

 

 4       In the interests of visual amenity

 

 5       In the interests of visual amenity

 

 6       In the interests of visual amenity and biodiversity

 

 7       In the interests of visual amenity and biodiversity

 

 8       In the interests of highway safety

 

 9       In the interests of highway safety

 

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       A detailed surface water management plan is required to ensure that the development is in accordance with NPPF and local planning policies. It should be ensured that all major developments have sufficient surface water management, are not at increased risk of flooding and do not increase flood risk off-site.

 

13       In the interests of maintaining and enhancing biodiversity.

 

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

 

15       In the interests of maintaining and enhancing biodiversity.

 

 

Reasons for Decision

 

The proposed development is consistent with local and national planning policies. The site is allocated for residential development in the Local Plan, the design, scale and layout of the proposal is considered to be acceptable and does not have an unacceptable impact on the character or visual amenity of the area. The proposal will not have an unacceptable impact on the residential amenity of occupiers of neighbouring properties in terms of noise, overlooking or massing / overshadowing. Parking and access at the site is acceptable. The proposal will not increase flood risk in the area nor will it have an unacceptable impact on ecology in the area. It is considered that the proposal is appropriate for its context and is in accordance with the NPPF (Parts 2, 4, 5, 8, 9, 11, 12, 14, and 15), Policies A, 1, 2, 8, 10, 14, 16, 17, 18 and 19 of the ACS, Policies LPD 4, 11, 18, 21, 32, 33, 35, 36, 37, 48, 57, 61 and 64 of the LPD, Policies WCS2 and WCS10 of the RWLPWCS, Gedling Borough Council’s Interim Planning Policy Statement: First Homes, Parking Provision SPD, Low Carbon Planning Guidance for Gedling Borough, Open Space Provision SPD and Development brief for three sites to the north-east of Arnold.

 

Notes to Applicant

 

1        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

 

2        With regards to condition 14, 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.

 

3        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.

 

4        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.

 

5        With regards to condition 17 all birds, their nests and eggs (except pest species) are protected by the Wildlife and Countryside Act 1981 (and as amended).

 

6        The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2023). 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.

 

7        The applicant should note that notwithstanding any planning permission that 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.

 

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, 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.

 

b)       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.

 

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

 

          The development will require the diversion of a public right of way. The grant of permission for this development does not authorise the obstruction or diversion of this public right of way and an unlawful obstruction to this right of way/highway is a criminal offence and may result in the obstructing development being required to be removed.

 

8        A separate application for an Order to divert the public right of way/highway will be required under Town and Country Planning Act 1990 legislation. This is a separate legal process and the applicant will need to contact Gedling Borough Council.

 

9        The advice from Nottinghamshire Police is set out below;-         

 

          “We would further encourage the developers to consider the security benefits that the latest Secured By Design (SBD) Homes Guide 2024 which can be found at the link below, and which contain details of the specifications recognised nationally as providing the security aspirations for the developer:

 

          https://www.securedbydesign.com/images/HOMES%20GUIDE%20May%202024.pdf

 

          Ideally, the site would also apply for, and achieve the Secured by Design Gold Standard.

 

          Construction site security is also of concern when this development progresses, and there is also guidance provided by Secured by Design, and this can be viewed at

 

https://www.securedbydesign.com/images/CONSTRUCTION_SITE_SECURITY_GUIDE_A4_8pp.pdf

 

‘          Secured by Design (SBD) is a police initiative to guide and encourage those engaged within the specification, design and build of new homes, and those undertaking major or minor property refurbishment, to adopt crime prevention measures. ‘Secured by Design’ is proven to reduce the opportunity for crime and the fear of crime, creating safer, more secure, and sustainable environments. Secured by Design is owned by the UK Police Service and is supported by the Home Office, Building Control Departments in England (Part Q Security – Dwellings), Scotland (Building Standard 4.13) and Wales (Part Q Security – Dwellings) all reference SBD.

 

          Secured by Design (SBD) is a place-based approach to crime reduction that brings together standards of physical security with the broader principles of Crime Prevention Through Environmental Design (CPTED) to set minimum requirements that enable properties to be awarded SBD status. The results of several studies have shown that housing design plays a key role in influencing offender decision-making, the risk of surveillance and standards of physical security being primary deterrents (Armitage & Tompson, 2022).”

 

10       With regards to the public right of way at the site;-      

 

•         There should be no disturbance to the surface of the footpath without prior authorisation from the Rights of Way team.

 

•         The safety of the public using the path should be observed at all times. A Temporary Closure of the Footpath may be granted to facilitate public safety during the construction phase subject to certain conditions. Further information and costs may be obtained by contacting the Rights of Way section. The applicant should be made aware that at least 5 weeks’ notice is required to process the closure and an alternative route on should be provided if possible.

 

•         If the route is to be fenced, ensure that the appropriate width is given to the path and that the fence is low level and open aspect to meet good design principles.

 

•         If a structure is to be built adjacent to the public footpath, the width of the right of way is not to be encroached upon.

 

•         Structures cannot be constructed on the line of the right of way without the prior authorisation of the Rights of way team. It should be noted that structures can only be authorised under certain criteria and such permission is not guaranteed.

 

•         No materials or contractor’s vehicles  should be stored/parked on the path prevent access to or along the path at any time (unless a temporary closure of the path has been applied for and granted)

 

•         Should vehicles run over the path during the development, the applicant must ensure that the surface is repaired and made safe for the users of the path, be that pedestrian, equestrian or cyclists.  

 

•         Where the right of way runs across the site, there are currently open fields on either side with no adjacent boundary. This open aspect should be retained as far as is practicable as part of any development, with good practice design principles applied to either ensure that the route does not become enclosed and/or is incorporated it as part of a greenspace corridor. See NCC development guide.

 

•         The existing boundary hedge/tree line directly bordering the development/boundary etc is the responsibility of the current owner/occupier of the land. On the assumption that this boundary is to be retained it should be made clear to all new property owners that they are responsible for the maintenance of that boundary, including the hedge/tree line ensuing that it is cut back so as not to interfere with right of way.

 

•         Should scaffold be required on or over the RoW then the applicant should apply for a license and ensure that the scaffold is constructed so as to allow the public use without interruption. licences@viaem.co.uk  

 

If this is not possible then an application to temporarily close the path for the duration should also be applied for (6 weeks’ notice is required), email countryside.access@nottscc.gov.uk

 

•         If a skip is required and is sited on a highway, which includes a RoW then the company supplying the skip must apply for a permit.  http://www.nottinghamshire.gov.uk/transport/licences-and-permits/skip-permit and also ensure that the RoW can still be accessed appropriately by the users permitted by its status i.e. equestrians if a on bridleway, motorised vehicles if on a byway open to all traffic.

 

The proposed dwellings shall not be occupied until Arnold Footpath 3 has been formally diverted in accordance with the details shown indicatively on drawing 2326-03-01 Rev P. Any temporary works or structures shall not obstruct the right of way unless/until arrangements have been made with the Highway Authority to introduce a Temporary Prohibition of Pedestrians Order.

 

For the avoidance of doubt, vegetation removal does not constitute the commencement of development.