Agenda item

Application no. 2024/0095 - Land East of Westhouse Farm, Moor Road, Bestwood, Nottinghamshire

Minutes:

Construction of 93 houses, associated infrastructure, and external works.

Suzanne Wormall, a local resident, spoke against the application.

The Development Manager updated Members in respect of additional information received from Nottinghamshire County Council (NCC) since the publication of the report, which resulted in the figure for the bus stop contribution referenced in paragraphs 4.9 and 14.2 increasing from £41,400 to £43,800. He added that NCC also sought a contribution of £157,500 towards bus service contribution; however, the threshold for seeking the contribution, 100 dwellings, was not met by the current application. He added that NCC also sought an additional condition in respect of providing introductory bus passes to occupiers, but such measures would be dealt with via the Travel Plan to be approved under condition 12.

He added that the Ecologist had also identified the need for an additional condition in respect of badgers as outlined below:

Condition:

27 No more than three months prior to the commencement of development, including any clearance works, a badger survey of the site will be completed and a badger mitigation strategy submitted to and approved by the Local Planning Authority. Thereafter all recommendations set out in the mitigation strategy will be implemented. Should a Natural England licence be required, evidence that the required licence is in place shall also be provided to the Local Planning Authority prior to commencement of works.

Reason:

27 To conserve and enhance the site for biodiversity in accordance with relevant wildlife legislation, the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

He then went on to introduce the report.

Members of the committee proposed an additional condition (28), to ensure that any windows fitted to the first-floor side elevation of plot 61 should be frosted, that the openers would need to be 1.7 meters above floor level and that the final wording of the condition and associated reason be delegated to the Assistant Director – Development in consultation with the Chair, which was carried unanimously.

RESOLVED:

1 Planning permission be GRANTED subject to the completion of a satisfactory section 106 agreement which secures appropriate planning obligations and subject to the conditions set out in paragraph 14.2 of this report; and

2 Should a satisfactory section 106 agreement which secures appropriate planning obligations not be completed by 25^th September 2026 or any further extension of time agreed in writing between the applicant and the local planning authority, that it be delegated to the Assistant Director for Planning to REFUSE planning permission.

Conditions

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

2. This permission shall be undertaken in accordance with the following list of approved drawings:

001	Site Location Plan	A
101	Site Layout Plan	S

201	House Type A3L	A
202	House Type A4L	A
203	House Type C4	A
204	House Type C10	A
205	House Type DA3	A
206	House Type E21L	A
207	House Type G7L	A
208	House Type JD	A
209	House Type K8L	A
210	House Type K18	A
211	House Type K9L	A
212	House Type KA3L	A
214	House Type L4	A
216	House Type R4	A
217	House Type S21L	A
218	House Type T21L	A
219	House Type V3	A
220	House Type W12	A
222	House Type XS	A
223	House Type Y2	A
224	House Type YS	A
225	House Type YB	A
226	House Type BGA3	A
227	House Type F4	A
228	House Type B1B	-

	Planning Statement Phase 2	2024
N1812	Design and Access Statement	02/2024

16/0323/RP & AA TCP 01	Arboricultural Constraints Report	03/2023
	BNG Metric	Rev 6

WFBV-BSP-XX-XX-T-W-0001	Flood Risk Assessment	P02
WFGN-BSP-ZZ-XX-RP-D-0001	Transport Assessment	P03
BG213.119	PEA and BIA	Rev 6
WFBV-BSP-ZZ-XX-DR-C-SK190	Refuse Vehicle Swept Paths	P02
WFBV-BSP-ZZ-XX-DR-C-SK002	Proposed TRO Markings	P01

3. Above ground works shall not commence until samples of materials to be used for the external appearance of the dwellings, brick and tile, have been submitted to and approved in writing by the Local Planning Authority. Development shall proceed in accordance with the details as approved.

4. No development or demolition shall take place until an Archaeological Mitigation Strategy for the protection of archaeological remains is submitted to and approved by the Local Planning Authority. The mitigation strategy will include appropriate Written Schemes of Investigation for completion of the geophysical survey, evaluation trenching and provision for further mitigation work. These schemes shall include the following:

a) An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements).

b) A methodology and timetable of site investigation and recording

c) Provision for site analysis

d) Provision for publication and dissemination of analysis and records

e) Provision for archive deposition

f) Nomination of a competent person/organisation to undertake the work

The scheme of archaeological investigation must only be undertaken in accordance with the approved details.

5. The archaeological site work must be undertaken only in full accordance with the approved written schemes referred to in Condition 4. The applicant will notify the Local Planning Authority of the intention to commence at least fourteen days before the start of archaeological work in order to facilitate adequate monitoring arrangements.

6. A report of the archaeologist's findings shall be submitted to the Local Planning Authority and the Historic Environment Record Officer at Nottinghamshire County Council within 3 months of the works hereby given consent being commenced unless otherwise agreed in writing by the Local Planning Authority; and the condition shall not be discharged until the archive of all archaeological work undertaken hitherto has been deposited with the County Museum Service, or another public depository willing to receive it.

7. 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 the development. 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.

8. Prior to the commencement of development, an updated Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The report shall meet the British Standard 5837 and shall include a Tree Protection Plan. Any mitigation approved in the report shall be adhered to and any tree protection fencing approved shall be in situ prior to works commencing and remain in place whilst development is underway to the pertinent plot.

9. Occupation of the proposed dwellings shall not take place until their respective driveways have been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0m behind the highway boundary, and which shall be drained with provision to prevent the discharge of surface water from the driveways 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.

10. Occupation of the proposed dwellings shall not take place until details of how access will be achieved from adjacent phases of development have been submitted to and approved in writing by the Local Planning Authority.

11. 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:

o the parking of vehicles of site operatives and visitors

o loading and unloading of plant and materials

o storage of plant and materials used in constructing the development

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

o wheel washing facilities

o measures to control the emission of dust and dirt during construction

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

o School Safety Measures

12. Occupation of the proposed dwellings shall not take place until such time as the travel plan is approved. The development shall be carried out in accordance with the approved travel plan.

13. 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 WFBV-BSP-XX-XX-T-W-0001-P02_Flood_Risk_Assessment,16th January 2024, BSP Consulting., 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:

a) 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.

b) 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.

c) 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.

i) No surcharge shown in a 1 in 1 year.

ii) No flooding shown in a 1 in 30 year.

iii) For all exceedance to be contained within the site boundary without flooding properties in a 100 year plus 40% storm.

d) 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.

e) Details of Severn Trent Water approval for connections to existing network and any adoption of site drainage infrastructure.

f) Evidence of approval for drainage infrastructure crossing third party land where applicable.

g) 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.

h) 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.

14. 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. This should include boundary treatments for public open space too. The approved boundary treatment for each individual plot and public open space shall be implemented prior to the occupation of each individual dwelling and use of the public open space.

15. 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.

16. 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.

17. A Construction Ecological Management Plan (CEcMP), including all avoidance and mitigation recommendations set out within the Preliminary Ecological Appraisal and Biodiversity Impact Assessment report, ref. BG23.119, Rev. 6, shall be provided to and approved by the Local Planning Authority (LPA) prior to the commencement of works.

Works shall then be conducted in accordance with the CEcMP.

18. A Landscape Ecological Management Plan (LEMP), including all compensation and enhancement recommendations set out within the Preliminary Ecological Appraisal and Biodiversity Impact Assessment report, ref. BG23.119, Rev. 6, shall be provided to and approved by the LPA prior to the commencement of works.

The details as approved shall be implemented.

19. Details of a post-construction wildlife sensitive lighting scheme, compliant with Bats and Artificial Lighting at Night (Bat Conservation Trust and Institute of Lighting Professionals, 2023), shall be provided to and approved by the LPA prior to the commencement of works.

The details as approved shall be implemented.

20. Development may not be begun unless:

(a) a biodiversity gain plan has been submitted to the Local Planning Authority; and

(b) The Local Planning Authority has approved the plan.

21. The Biodiversity Gain Plan shall be prepared in accordance with the Preliminary Ecological Appraisal and Biodiversity Impact Assessment (rev 6), received 15^th March and the Statutory Metric Calculation Tool, received by the Local Planning Authority 15^th March.

22. The development shall not commence until a Habitat Management and Monitoring Plan in respect of any on-site biodiversity gain (the onsite HMMP), prepared in accordance with the approved Bio-diversity Gain Plan and including:

(a) a non-technical summary;

(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;

(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and

(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,

has been submitted to, and approved in writing by, the Local Planning Authority.

23. Notice in writing shall be given to the Council when the on-site HMMP works have started.

24. No dwelling shall be occupied until:

(a) the habitat creation and enhancement works set out in the approved on-site HMMP have been completed; and

(b) a completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the Local Planning Authority.

25. The created and/or enhanced habitat specified in the approved on-site HMMP shall be managed and maintained in accordance with the approved on-site HMMP.

26. Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved on-site HMMP.

27. No more than three months prior to the commencement of development, including any clearance works, a badger survey of the site will be completed and a badger mitigation strategy submitted to and approved by the Local Planning Authority. Thereafter all recommendations set out in the mitigation strategy will be implemented. Should a Natural England licence be required, evidence that the required licence is in place shall also be provided to the Local Planning Authority prior to commencement of works.

28. Any windows in the first-floor side elevation of plot 61, orientated toward to the south, shall be frosted and non-opening up to a minimum height of 1.7m above the internal floor level of the room in which it is installed. This specification shall be complied with before the development is occupied and thereafter be retained for the lifetime of the development.

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 that the character of the area is respected and to comply with policy ASC10.

4. To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation in accordance with the National Planning Policy Framework.

5. In order to ensure that satisfactory arrangements are made for the investigation, retrieval and recording of any possible archaeological remains on the site in accordance with the National Planning Policy Framework.

6. In order to ensure that satisfactory arrangements are made for the reporting, archiving and dissemination of the results of the investigation in accordance with the National Planning Policy Framework.

7. To ensure that adequate landscaping is provided and to comply with policy LPD19 and guidance within the NPPF.

8. To ensure that protected trees are not detrimentally impacted and to comply with policy LPD19 and guidance within the NPPF.

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

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

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

12. To promote sustainable travel and comply with guidance within the NPPF.

13. 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.

14. To ensure that the character of the area is respected and to comply with policy ASC10.

15. 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.

16. In the interests of residential amenity and to comply with LPD32.

17. To protect and maintain biodiversity in accordance with relevant wildlife legislation, the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

18. To conserve and enhance the site for biodiversity in accordance with the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

19. To protect and maintain biodiversity in accordance with relevant wildlife legislation, the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

20. To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

21. To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

22. To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

23. To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

24. To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

25. To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

26. To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

27. To conserve and enhance the site for biodiversity in accordance with relevant wildlife legislation, the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

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

Notes to Applicant

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 regarding 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.

Please email hdc.south@nottscc.gov.uk to discuss the necessary highways legal agreements.

The County Council's costs for undertaking a review of the monitoring reports is solely for reviewing and commenting on these documents that must first be produced and provided annually by the site's travel plan co-ordinator appointed by the developer (the appointment of a travel plan co-ordinator by the developer is required as part of any approved travel plan).

The County Council's costs for travel plan monitoring does not include the following activities which are the responsibility of the site travel plan co-ordinator (all of which are required to be undertaken annually as part of any approved travel plan):

(i) undertaking the travel surveys with businesses/residents

(ii) processing/input of travel surveys with businesses/residents

(iii) analysis of travel surveys with businesses/residents

(iv) production of annual travel plan monitoring report

A separate quote for undertaking and processing the survey work can, however, be provided to the developer on request. Please contact Transport.Planning@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

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 Mining Remediation Authority on 0345 762 6846 or if a hazard is encountered on site call the emergency line 0800 288 4242.

Further information is also available on the Mining Remediation Authority website at: Mining Remediation Authority - GOV.UK

The Lead Flood Authority would be a consultee on any drainage strategy to be approved. Any deviation from the principles agreed in the approved documents, including he FRA and drainage strategy, may lead to us objecting to the discharge of conditions.

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.

With regards to condition 1, the biodiversity gain plan must include:

(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;

(b) the pre-development biodiversity value of the onsite habitat;

(d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;

(e) any biodiversity credits purchased for the development;

(f) any such other matters as the Secretary of State may by regulations specify; and

(g) timings for implementation.

Biodiversity Net Gain

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Gedling Borough Council.

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.

Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.

1. The application for planning permission was made before 12 February 2024.

2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.

3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and

(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or

(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.

4. The permission which has been granted is for development which is exempt being:

4.1 Development which is not 'major development' (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:

i) the application for planning permission was made before 2 April 2024;

ii) planning permission is granted which has effect before 2 April 2024; or

iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).

4.2 Development below the de minimis threshold, meaning development which:

i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.

4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).

4.5 Self and Custom Build Development, meaning development which:

i) consists of no more than 9 dwellings;

ii) is carried out on a site which has an area no larger than 0.5 hectares; and

iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).

4.6 Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.

* "original planning permission means the permission to which the section 73 planning permission relates" means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.

Irreplaceable habitat

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.

The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.

The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.

The effect of section 73D of the Town and Country Planning Act 1990

If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission ("the earlier Biodiversity Gain Plan") there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.

Those circumstances are that the conditions subject to which the section 73 permission is granted:

i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and

ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.

With regards to condition 20, the biodiversity gain plan must include: