Agenda item

Proposed demolition of 21 Ethel Avenue and erection of two dwellings.

 

Mr Lee Freeley, the applicant, spoke in support of the application.

 

Mr Andrew Robinson, the resident, spoke against the application.

 

The Principal Planning Officer presented the report, and informed Members of an amendment to Condition 2 to add the following wording the reflect revised plans:

 

“and the revised house types (ETH – 1003 Rev A) and revised street scenes (ETH – 1005 Rev A), received on the 16th July 2015; and the revised site plan and site location plan (ETH – 1001 Rev L), received on 2nd September 2015”.

 

Councillor Powell, seconded by Councillor Bexon, proposed a motion to defer consideration of the application to a future meeting of the Committee. The motion was duly put to the vote and was not carried. 

 

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 shall be built in accordance with the details as set out within the application forms received on the 17th July 2014, the Transport Statement and the Tree Survey received on the 17th July 2014 and the revised house types (ETH – 1003 Rev A) and revised street scenes (ETH – 1005 Rev A), received on the 16th July 2015; and the revised site plan and site location plan (ETH – 1001 Rev L), received on 2nd September 2015. 

 

3.       Before development is commenced there shall be submitted to and approved by the Borough Council precise details and samples of the materials to be used in the external construction of the proposed dwellings. Once these details are approved the dwellings shall be built and retained thereafter in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

4.       Before development is commenced there shall be submitted to and approved by the Borough Council precise details of the existing levels of the site together with the finished floor levels of the dwellings. Once these details are approved the dwellings shall be built in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.     

 

5.       Before development is commenced there shall be submitted to and approved by the Borough Council details of the means of enclosure of the site and the individual plot boundaries. The approved means of enclosure shall be erected before the dwellings are first occupied and shall thereafter be retained unless alternative means of enclosure are agreed in writing by the Borough Council as Local Planning Authority.

 

6.       Before development is commenced there shall be submitted to and approved by the Borough Council precise details of the means of surfacing of the unbuilt on portions of the site. Once these details are approved the development shall be carried out and retained thereafter in accordance with the approved details and be completed in accordance with these approved details before the dwellings are first occupied.

 

7.       Before development is commenced there shall be submitted to and approved by the Borough Council a plan of the site showing the details any proposed planting on site as well as details of the existing planting to be removed or retained. The approved details 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.

 

8.       Before development is commenced there shall be submitted to and approved by the Borough Council a scaled plan of the site showing the precise details of the proposed fencing and planting proposed to the area shown on the revised plans outlined in blue which is adjacent to the application site. Once these details are approved the fencing shall be erected before the proposed dwellings are first brought into use and retained thereafter at all times. The proposed landscaping 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.

 

9.       Before development is commenced there shall be submitted to and approved by the Borough Council a method statement showing how the existing trees at the site will be safeguarded during site preparation and the development of the site. This shall include precise details of construction works within the root protection areas of the trees, including details of any pruning and protection works required to facilitate the access and development of the site. Once these details have been approved the development, including site preparation, shall be undertaken in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

10.     Before development is commenced there shall be submitted to and approved in writing by the Borough Council as Local Planning Authority a Drainage Statement which outlines the measures that would be put in place in order to deal with surface water run-off from the site and details of how the development of the site will ensure that there is no increase in flood risk to the site, neighbouring properties or the area in general. Once these details are approved the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

11.     The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Borough Council as Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

 

12.     The first floor windows to the north east side elevation of the dwelling to plot 2 which serve a bathroom and en-suite shall be obscure glazed with small top hung opening windows at all times. No additional windows shall be inserted in this first floor north east side elevation of the dwelling at any time.

 

13.     No windows shall be inserted in the first floor north west front elevation of the dwelling to plot 2 at any time.

 

14.     No works permitted under Class A, B, C and E of Part 1 Schedule 2 of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or in any provision equivalent to that Class in any Statutory Instrument revoking and re-enacting that Order) shall be undertaken without the prior written permission of the Borough Council as Local Planning Authority.

 

15.     No part of the development hereby permitted shall be brought into use until the vehicle access arrangements, parking and turning areas are provided in accordance with the submitted details. The vehicle access arrangements, parking and turning areas shall thereafter be retained as such for the life of the development.

 

16.     No part of the development hereby permitted shall be brought into use until the site access/ drives and any parking or turning areas are surfaced in a hard bound material (not loose gravel). The access/surfaced drives and any parking or turning areas shall then be maintained in such hard bound material for the life of the development.

 

17.     No part of the development hereby permitted shall be brought into use until the access driveway/parking/turning areas are constructed with provision to prevent the unregulated discharge of surface water from the driveway/parking/turning areas to the public highway in accordance with details first submitted to and approved in writing by the Borough Council as Local Planning Authority. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

18.     Before development, including site preparation, is commenced there shall be submitted to and approved in writing a protected species survey in respect to the potential presence of bats on the site. Once these details are approved the recommendations with the survey shall, be adhered to and any mitigation measures implemented.

 

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 materials are appropriate and result in a visually satisfactory development, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

4.       To ensure that the dwellings are visually acceptable within the streetscene and have an acceptable relationship with neighbouring properties, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

5.       To ensure that the materials are appropriate and result in a visually satisfactory development, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

6.       To ensure that the materials are appropriate and result in a visually satisfactory development, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

7.       To ensure that the details of the development are visually acceptable, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

8.       To ensure that the details of the development are visually acceptable, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

9.       To ensure that the trees are protected at all times and the site remains visually acceptable, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

10.     To ensure the details of the development are satisfactory and do not increase the risk of flooding in the area.

 

11.     To ensure that 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.

 

12.     To prevent the overlooking of the neighbouring properties, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

13.     To prevent the overlooking of the neighbouring properties, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

14.     To ensure that the amenity of neighbouring properties is protected, in accordance with the aims of Policy 10 of the Aligned Core Strategy 2014.

 

15.     In the interests of highway safety.

 

16.     In the interests of highway safety.

 

17.     In the interests of highway safety.

 

18.     To ensure that the development does not result in a detrimental impact on any protected species at the site.

 

Reasons for Decision

 

The proposed development of the site results in no undue impact on neighbouring properties, the area in general and there are no highway safety implications arising from the proposal. The proposal therefore accords with policies contained within the  Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014), the National Planning Policy Framework March 2012 and the Aligned Core Strategy for Gedling Borough 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.

 

You are advised of the need to comply with the Wildlife and Countryside Act 1981 (as amended) at all times in respect to protected species and nesting birds.

 

You are advised in regard to access for the Fire and Rescue Service that the development would need to comply with Approved Document B - Fire Safety, administered under Building Regulations Approval.

 

The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework. Negotiations have taken place during the consideration of the application to address any adverse impacts identified. Amendments have been made to the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.

Proposed demolition of 21 Ethel Avenue and erection of two dwellings.