Agenda item

Application no. 2023/0872 - Top Wighay Farm, Linby

Minutes:

Reserved Matters Application (including scale, layout, appearance and landscaping) for the erection of 763 dwellings, including details of Public Open Space, Community Hub/ Multi Use Games Area, bell mouth entrances and associated infrastructure pursuant to outline permission Ref: 2020/0050.

 

Olivia Hewitt – Development Planning Manager of Vistry Partnerships (The Applicant), spoke in support of the application.

 

The Principal Planning Officer advised members of an update, that Active Travel England had provided a consultation response since the report was published, which stated that they still objected to the proposals for the reasons outlined in the committee report.

 

He then went on to introduce the report.

 

RESOLVED:

 

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

 

Conditions

 

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

P21-2773_DE_005_N_1 Planning Layout (1of4)

P21-2773_DE_005_N_2 Planning Layout (2of4 Linden)

P21-2773_DE_005_N_3 Planning Layout (3of4 Bovis)

P21-2773_DE_005_N_4 Planning Layout (4of4 Countryside)

P21-2773_DE_006_L_1 Materials Plan

P21-2773_DE_006_L_2 Materials Plan

P21-2773_DE_006_L_3 Materials Plan

P21-2773_DE_006_L_4 Materials Plan

P21-2773_DE_007F Boundary Treatment Plan

P21-2773_DE_008G Hard Landscaping Plan

P21-2773_DE_015_D Presentation Layout

P21-2773_EN_0003_E_0003 Northern POS Detailed Soft Landscape Proposal

P21-2773_EN_0003_E_0004 Northern POS Detailed Soft Landscape Proposal

P21-2773_EN_0003_E_0005 Detailed NEAP Proposal

22095-150G Vehicle Tracking Plan

22095-151E Bus and Refuse Vehicle Tracking

22095-152A Tracking Exercise 3

P21-2773_205B - House Type Pack

P21-2773_EN_0001_C_0001 POS Illustrative Landscape Masterplan

P21-2773_EN_0002_C_0001 Plot Landscape Strategy Plan

P21-2773_EN_0003_D_0006 Detailed Skatepark proposals

22095 - M&H Flood Risk Assessment Combined

P21-2773_204A Design Compliance Statement

P212773 Planning Statement

P21-2773_DE_001_B - Site Location Plan

22095 127 Basin SUDs Plans and Sections

Noise Impact Assessment dated 28 November 2023 (Report Reference J004606-7430-RC-02)

 

2.             The multi-use games area shall not be brought into use until the car-park as shown for indicative purposes only on drawing P21-2773_DE_005_N_1 has been surfaced in a bound material (not loose gravel), with the parking bays clearly delineated, and constructed with provision to prevent the discharge of surface water from the car-park to the public highway. The bound material, bay markings, and provision to prevent the discharge of surface water from the car-park to the public highway shall be maintained for the lifetime of the development.

 

3.             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

                       VIII.         contact details of the site manager being displayed on-site for members of the public to view.

 

4.             No dwelling served from a shared private drive with 5 or more frontages shall be occupied until details of the proposed arrangements and plan for future management and maintenance of the shared private drives including associated drainage have been submitted to and approved in writing by the Local Planning Authority. The shared private drives and drainage shall thereafter be maintained in accordance with the approved management and maintenance details, until such time that a private Management and Maintenance Company has been established.

 

5.             No part of the development hereby permitted shall be brought into use unless or until plans detailing the location of new bus stops within the site have been made to the satisfaction of the Local Planning Authority and shall include any of the following: real time bus stop flags, poles & displays including low voltage power source to the real time information pole location; polycarbonate bus shelter; solar or electrical lighting in bus shelter; raised kerbs; enforceable bus stop clearway; lowered access kerbs; additional hard stand (3.6 metres depth x 8 metres width if required), black top dressing (tarmacadam) and the above to be installed to an agreed timescale. If bus stops are not installed prior to bus services operating the developer will be responsible for the cost of any temporary infrastructure arrangements.

 

 

6.             Details for the long-term maintenance arrangements for the surface water drainage system (including all SuDS features) shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any dwelling. The submitted details should identify run-off sub-catchments, SuDS components, control structures, flow routes and outfalls. In addition, the plan must clarify the access that is required to each surface water management component for maintenance purposes. The maintenance plan shall be carried out in full thereafter.

 

7.             No dwelling hereby approved shall be occupied until such time as all noise mitigation measures as detailed in Section 7 of the submitted Noise Impact Assessment dated 28 November 2023 (Report Reference J004606-7430-RC-02).  The mitigation measure shall remain in place for the lifetime of the development.

 

8.             Notwithstanding the provisions of condition 19 of the associated outline consent (ref:  2020/0050), before development commences a detailing planting schedule containing all of the existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development. New soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate together with an implementation programme having regard to the approved Landscaping Scheme pursuant to the Plot Landscape Strategy Plan (Plan Ref:  P21-2773_EN_0002_C_0001), the Illustrative Landscape Masterplan (Plan Reference P21-2773_EN_0001_C_0001 POS), Northern POS Detailed Soft Landscape Proposal (plan reference P21-2773_EN_0003_E_0003) and  Northern POS Detailed Soft Landscape Proposal (Plan reference P21 2773_EN_0003_E_0004).  All planting hereby approved must be carried out and completed in accordance with the approved details no later than during the first planting season (October - March) following either the substantial completion of the development hereby permitted or it being first brought into use, whichever is sooner. If, within a period of 5 years of from the date of planting, any tree or shrub planted as part of the approved Landscaping Scheme is removed, uprooted, destroyed, dies or become diseased or damaged then another tree or shrub of the same species and size as that originally planted must be planted in the same place during the next planting season following its removal. Once provided all hard landscaping works shall thereafter be permanently retained throughout the lifetime of the development.

 

9.             Notwithstanding the requirements of condition 25 detailed on the outline consent (Ref:  2020/0050) and the submitted Ecology Mitigation statement (Ref: RSE 7184 R1 V2 MS Optimized Ecology), before development commences details of the mitigation measures and timescale for implementation identified in table 7.2 of the Environmental Statement (submitted with the outline application) shall be submitted and approved by the local planning authority that takes account of the layout hereby approved (plan ref: P21-2773_DE_005_N_1 Planning Layout).  The mitigation measures shall be in place for the lifetime of the development and be appropriately managed.

 

10.          No development shall commence until such time as the following documents have been submitted to and approved in writing by the Local Planning Authority:

(i) A detailed assessment of ground conditions (including drainage and topography) of the land proposed for the playing field which identifies constraints which could adversely affect playing field quality; and

(ii) Where the results of the assessment to be carried out pursuant to (i) above identify constraints which could adversely affect playing field quality, a detailed scheme to address any such constraints. The scheme shall include a written specification of the proposed soils structure, proposed drainage, cultivation and other operations associated with grass and sports turf establishment and a programme of implementation.

(b) The approved scheme shall be carried out in full and in accordance with the approved programme of implementation. The land shall thereafter be maintained in accordance with the scheme and made available for playing field use in accordance with the scheme.

 

Reasons

 

1.               To define the permission

 

2.               In the interest of highway safety and to comply with Policy LPD61.

 

3.               In the interest of highway safety and to comply with Policy LPD61.

 

4.               To ensure the shared private drives are maintained to an appropriate standard and to comply with Policy LPD61.

 

5.               To ensure the special location and design of all bus stops and to comply with Policy LPD61

6.               To ensure surface water is suitably disposed of and to comply with Policy LPD 4.

 

7.               To ensure that the amenity of proposed occupiers is respected and to comply with Policy LPD32.

 

8.               To ensure that all landscape feature are specified and in place as part of the development of the site and to comply with policy LPD18.

 

9.               To ensure that protected species are respected and to enhance ecology and comply with Policy LPD18.

 

10.           To ensure that the playing field is prepared to an adequate standard and is fit for purpose and to accord with Development Plan Policy LDP18 and LPD 19.

 

NOTES TO APPLICANT:

A Management and Maintenance Company for the shared private drives must be secured by S.106 Agreement to protect the financial interests of both the future occupiers and County Council. Please contact hdc.south@nottscc.gov.uk for details.

 

The applicant should note that notwithstanding any planning permission that ifany 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 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@notts..gov.uk

 

The applicant is advised that the playing pitches should comply with the relevant industry Technical Guidance, including guidance published by Sport England and National Governing Bodies for Sport.

 

The applicant is reminded that the conditions associated with the associated outline consent (Ref: 2020/0050) and the provision of the completed S106A still remain applicable as a result of this reserved matters consent.

 

 

Supporting documents: