Agenda item

Application No. 2014/1346- Play Area, Dunstan Street, Netherfield.

Minutes:

Construction of 6 dwellings.

 

The Service Manager for Planning and Economic Development informed the Committee that a letter had been received from Severn Trent stating no objections to the application.

 

RESOLVED to GRANT PLANNING PERMISSION, subject to the following conditions: 

 

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 approved plans: 2266/P102D (Proposed Site Plan) dated 06/11/14, 2266/P103a (Plot Layouts) dated 27/11/2014, and 2266/P104A (Street Views) dated 28/11/2014.

 

3.       The development hereby permitted shall be completed in accordance with the Revised Phase II Site Investigation Report (revision B, dated: 19.05.2015) and the email received from the agent on 22/05/2015 stating that the rear gardens will be finished with poured concrete presenting a solid barrier as shown on plan no: 2266/P102D.

 

4.       Before the properties are first occupied a verification report confirming that the gas membrane has been installed by a suitably qualified person (i.e NVQ level 2 Diploma in Sub Structure Work Occupations (Construction) - Installation of Gas Membranes, or equivalent) before any finished floor was placed, shall be submitted to the Borough Council and approved in writing. The verification report should be based on the Council's Gas Membrane Proforma (available on request) including photographic evidence.

 

5.       Occupation of the proposed dwellings shall not take place until their respective driveways have been provided surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary and which shall be drained to prevent surface water run-off onto the public highway. The bound surface and the provision to prevent the discharge of surface water to the public highway shall be retained for the life of the development.

 

6.       No part of the development hereby permitted shall be occupied until the extension to Dunstan Street as shown for indicative purposes only on drawing number 2266/P102D has been provided.

 

7.       Before development commences the applicant shall provide confirmation that the Section 228 of the Highways Act 1980 procedure has been determined favourably. The confirmation should be submitted to and confirmed in writing by the Borough Council before development commences.

 

8.       The applicant shall provide confirmation from the Highway Authority of proposed extension to Dunstan Street being acceptable under Section 278 of the Highways Act 1980. The confirmation should be submitted to and confirmed in writing by the Borough Council prior to the dwellings being occupied.

 

9.       The approved landscape shall be completed in accordance with the approved plans: 2266/P102D (Proposed Site Plan) dated 06/11/14 and shall be carried out in the first planting season following the substantial completion of the development and any planting material which becomes diseased or dies within five years of the completion of the development shall be replaced in the next planting season by the applicants or their successors in title.

 

10.     The development hereby permitted shall be completed in accordance with the approved Flood Risk Assessment dated November 2014 (Report Ref No. C2081/FRA/A) incorporating the details contained within appendix 8 and appendix 9.

 

11.     Before development is commenced there shall be submitted to and approved by the Borough Council precise details of the bricks and tiles to be used in the external elevations of the proposed development along with the precise details for the Block Paver for the private drives. Once approved the development shall be carried out in accordance with these details.

 

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 practicable and effective measures are taken to treat, contain or control any contamination in accordance with the aims of Policies ENV1 and ENV3 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

4.       To ensure that practicable and effective measures are taken to treat, contain or control any contamination and to protect controlled waters in accordance with the aims of Policies ENV1 and ENV3 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

5.       To prevent third party water/deleterious material from being discharged onto the public highway, in the general interest of highway safety.

 

6.       To ensure that drivers can access off-street parking provision, and to ensure that any affected highway assets can be removed/repositioned.

 

7.       To ensure the development is not constructed on contested land.

 

8.       To ensure the development is constructed to the satisfaction of the Highway Authority in the general interest of highway safety.

 

9.       To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

10.     To ensure the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

 

11.     To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

Reasons for Decision

 

In the opinion of the Borough Council the proposed development is visually acceptable, results in no significant impact on neighbouring properties, the area in general, on flood risk and is acceptable from a highway safety viewpoint. The proposal therefore accords with Policy 10 of the Aligned Core Strategy (2014) and H7, H16 and ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014)

 

Notes to Applicant

 

The attached permission is for development which will involve building up to, or close to, the boundary of the site.  Your attention is drawn to the fact that if you should need access to neighbouring land in another ownership in order to facilitate the construction of the building and its future maintenance you are advised to obtain permission from the owner of the land for such access before beginning your development.

 

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.

 

Your attention is brought to comments received from Severn Trent Water. For any new connection(s), into the public sewer or the reuse of an existing sewer connection(s), you will need to apply under Section 106 Water Industry Act 1991 as amended by the Water Act 2003. Severn Trent New Connection Team currently processes Section 106 applications and can be contacted on 0800 707 6600 for an application pack and guidance notes (or visit www.stwater.co.uk). Applications to make such connections should be made separately from any application for adoption of the related sewers under Section 104 Water Industry Act 1991 as amended by the Water Act 2003.

 

Planning Statement - The Borough Council has undertaken negotiations during the consideration of the application to address adverse impacts identified by officers and the Highway Authority to address concerns in connection with the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and favourable recommendation. The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework (March 2012).

 

In order to carry out the off-site works required you will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which you have no control. In order to undertake these works you will need to enter into an agreement under Section 278 of the Act. Please contact Matt Leek on 0300 500 8080 for details.

 

 

Supporting documents: