Agenda item

Variation of Condition 2 and removal of Conditions 4 and 8 of Application 2013/1003 (Erect two storey house following demolition of existing bungalow) relating to amended plans, landscaping and tree protection measures.

Peter Elliot, on behalf of the applicant at the Chair’s discretion, spoke in favour of the application for a variation of conditions.

RESOLVED to Grant Removal/Variation of Condition:

Conditions

1.       This permission relates to the approved plans Ref. 214-377-P01 'Location Plan', 214-377-P02 'Floor Plans', 214-377-P03 'Elevations', 214-377-P04 'Sections AA + BB', 214-377-P05 'Site Plan', 214-377-P06 'Boundary Wall', 214-377-P07 'Flat Roof Layout', the details contained in the Application Form, the email received on 8th September 2015 with regard to construction materials and the detail of the 'feature wall tiling' and the email received on 10th September 2015 attaching the 'Planting Plan', the 'Landscape Layout - Isometric' and the 'Landscape Layout' all dated 6th November 2014.

2.       Prior to the dwelling being first occupied, the means of enclosure as shown on drawing ref. 214-377-P06 'Boundary Wall' and 214-377-P05 'Site Plan' shall be erected.

3.       No works permitted under Class A, B, C, or D 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.

4.       Notwithstanding the approved plans, there shall be no access to the garage flat roof from the first floor of the proposed dwelling.

5.       The approved 'Landscape Plan' dated 6th November 2014 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.

6.       No part of the development hereby permitted shall be brought into use until a dropped vehicular footway crossing is available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

7.       No part of the development hereby permitted shall be brought into use until the driveway is surfaced in a hard bound material (not loose gravel) for a minimum of 5.5 metres behind the highway boundary. The surfaced driveway shall then be maintained in such hard bound material for the life of the development.

8.       No part of the development hereby permitted shall be brought into use until the driveway is constructed with provision to prevent the unregulated discharge of surface water from the driveway to the public highway in accordance with details first submitted to and approved in writing by the 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.

9.       The access hereby approved onto Gedling Road shall serve one dwelling only.

10.     The illumination of the 'feature walls' identified on drawing numbers PR-01 and PR-02 comprising part of the email received on 8th September 2015 shall not exceed a level of 305.5 candelas, and the means of illumination must not be intermittent, pulsing or flashing kind.

Reasons

1.       For the avoidance of doubt and to ensure that the development is carried out in accordance with the details as approved.

2.       To ensure a satisfactory development, in accordance with the aims of Policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014) and Policy 10 of the Aligned Core Strategy (September 2014).

3.       In order to protect the residential amenity of the site and adjoining dwellings, in accordance with the aims of Policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014) and Policy 10 of the Aligned Core Strategy (September 2014).

4.       In order to protect the amenity of neighbouring properties in accordance with the aims of Policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014) and Policy 10 of the Aligned Core Strategy (September 2014).

5.       To ensure satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014) and Policy 10 of the Aligned Core Strategy (September 2014).

6.       In the interests of highway safety.

7.       In the interests of highway safety.

8.       In the interests of highway safety.

9.       In the interests of highway safety.

10.     In the interest of neighbouring amenity and highway safety.

Reasons for Decision

In the opinion of the Borough Council the proposed development is visually acceptable, results in no significant impact on neighbouring properties, and introduces no highway concerns.  The proposal therefore accords with the requirements of the National Planning Policy Framework, Policy 10 of the Aligned Core Strategy (2014) and ENV1, H7 and H16 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014).

Notes to Applicant

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework.  During consideration of the planning application the changes made since the original approval (2013/1003) were clarified with the Applicant's Agent for the avoidance of doubt.  The Applicant was also given the opportunity to submit a landscaping scheme during the processing of the application to ensure that a pre-commencement condition is not imposed.  Moreover, as it became apparent that two street scene facing elevations would contain an element of 'feature wall tiling' backlit with LED's the level of illuminance was sought to ensure no adverse impact on amenity.  

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.

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.