Agenda item

Demolition of existing structures and phased development of 1,050 dwellings, local centre with retail units and health centre, and new primary school. Full planning permission for phase 1 to comprise the erection of 506 no. dwellings (2, 3, 4 and 5 bedroom houses and flats), vehicular access from Arnold Lane, internal roads and all associated infrastructure. Outline planning permission for subsequent phases, all matters reserved except for indicative access to the sites from phase 1, and future accesses from Gedling Access Road.

 

The Principal Planning Officer and the Interim Head of Planning introduced the application and drew Members attention to an addendum that had been circulated at the meeting providing additional recommendations and requesting an amendment to conditions.

 

RESOLVED:

 

1.     That the Borough Council GRANTS FULL AND OUTLINE PLANNING PERMISSION, subject to the applicant entering into a Section 106 Agreement with the Borough Council as local planning authority and with the County Council as local highway and education authority for the provision of, or financial contributions towards Affordable Housing, Open Space, Healthcare Facilities, Highways, Educational, Air Quality, a Local Labour Agreement and Library Facilities; and subject tothe indicative conditions listed in the draft decision notice attached for the reasons set out in the report;

 

2.     That the power to determine the final details of the terms of the conditions of the planning permission be delegated to the Chief Executive;

 

3.     That Councillors are satisfied that Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligation sought is (a) necessary to make the development acceptable in planning terms, (b) directly related to the development and (c) fairly and reasonably related in scale and kind to the development;

 

4.     That Councillors are also satisfied that Regulation 123 Community Infrastructure Levy Regulations 2010 is complied with;

 

5.     That the requirements of Part 2 of Schedule 4 of the Town and Country Planning (Environmental Impact Assessment) Regulations are satisfied by reason of the Environmental Statement submitted in support of the application including at least the following information:

a.     a description of the development comprising information on the site, design and size of the development;

b.     a description of the measures envisaged in order to avoid, reduce and, if possible remedy significant adverse effects;

c.     the data required to identify and assess the main effects the scheme is likely to have on the environment;

d.     an outline of the main alternatives studied by the applicant and an indication of the main reasons for rejecting these, taking into account the environmental effects;

e.     a non-technical summary of the information provided under (a) to (d) above.

 

6.     That the implications of the development addressed in the Environmental

Statement subject to the mitigation measures proposed do not amount to major adverse effects or main effects or other adverse impacts that would justify the refusal of the application.

 

7.     That in making the decision on this application, the environmental information being the Environmental Statement and the representations received on it have been taken into account. The Environmental Statement meets the minimum requirements of Part 2 of Schedule 4 to the Environmental Impact Assessment Regulations and is sufficient having regard to Part 1 of Schedule 4 to those Regulations.

 

8.     That Regulation 24(1) of the Environment Impact Assessment Regulations

be complied with as soon as reasonably practical and the Chief Executive be delegated to undertake the necessary requirements, namely to notify the decision in writing to the Secretary of State, inform the public of the decision by newspaper advertisement and to place on deposit for public inspection a statement containing the content of the decision and the conditions attached to it, the main reasons and consideration on which the decision is based and a description, where necessary, of the main measures to avoid, reduce and, if possible offset any major adverse effects of the development, and also to contain information on the ability to and procedures for the challenge of the decision

 

Conditions

 

 1       Development within Phase 1A hereby permitted shall be begun no later than 3 years from the date of this permission. Subject to the requirements of condition 3 below, development within Phase 1B hereby permitted shall be begun no later than 5 years from the date of this permission or within six months of completion of the Gedling Access Road, whichever is the later.

 

 2       Application(s) for approval of all reserved matters for Phase 2 shall be made to the local planning authority no later than 7 years from the date of this permission, and the development thereby authorised for Phase 2 shall be begun no later than 9 years from the date of this permission or 2 years from the date of the approval of the final reserved matter, whichever is the later.

 

 3       No more than 315 homes shall be constructed on the application site (to be located within Phase 1A identified on the agreed Phasing Plan xxx) prior to the completion of the Gedling Access Road (approved under GBC ref 2015/1033). No development shall commence in Phase 1B prior to the completion of the Gedling Access Road. No development for Phase 2 shall commence until a phasing programme for Phase 2, including timings for development of the neighbourhood centre, public open space, education provision and off-site highways works, has been submitted to and approved in writing by the local planning authority.

 

 4       Development of Phase 1a and 1b shall be carried out in accordance with the following drawings and documents and such other plans, and documents as may be approved pursuant to the conditions of this planning permission unless otherwise agreed in writing by the local planning authority:

 

 5       Before any part of Phase 2 of the development hereby approved is commenced approval shall be obtained from the Local Planning Authority with respect to reserved matters, namely, the appearance, landscaping, layout and scale and internal access roads for the relevant part.

 

 6       The development hereby permitted shall not be carried out other than in accordance with the measures detailed in the agreed Travel Plan reference 21410/12-15/4153 REV B (March 2016) unless otherwise agreed in writing by the Local Planning Authority.

 

 7       No dwelling shall be occupied within a Phase unless the measures set out in the agreed Travel Plan (March 2016) are in place and a Travel Plan Coordinator has been appointed. A monitoring period will be required from first occupation to the date 5 years from 50% occupation of a Phase. A review must take place with the local planning authority and the highway authority after three years from first occupation within the monitoring period. The Travel Plan Coordinator shall produce an Annual Monitoring Report during the course of the monitoring period commencing on the first anniversary of first occupation of a Phase, and shall issue this to the local planning authority and the highway authority. Survey forms for residents shall be created in liaison with the highway authority with the first surveys to be conducted 3 months from the date of first occupation of a Phase.

 

 8       No development shall be occupied unless or until footway and pedestrian/cycle crossing points as shown for indicative  purposes only on the plan drawing reference 21410_08_010_01 have been provided to the satisfaction of the Local Planning Authority.

 

 9       No development shall commence on any part of the site unless and until details of Traffic Calming on ROAD01 and ROAD06 and a timetable for implementation have been submitted to and approved by the Local Planning Authority. The details approved shall thereafter be implemented in accordance with the approved timetable.

 

10      Prior to Public Transport servicing of the development, bus infrastructure in the form of raised bus kerbs/shelters/bus stops/lighting/timetable information is to be implemented. Details of any such infrastructure are to be submitted and approved by the Local Planning Authority. Once approved the development shall be constructed strictly in accordance with these details and retained as such for the life of the development unless otherwise agreed in writing by the Local Planning Authority.

 

11      No part of the development in Phase 2 shall be occupied or brought into use unless or until details of the internal layout for the development as indicated on the illustrative Site Master Plan Ref 1 4052-P101 REV J have been submitted to and approved in writing by the LPA. These shall be designed in accordance with the principles set out in 'Manual for Streets' and the 6C's Highway Design Guidance. The development shall thereafter be implemented strictly in accordance with the approved details.

 

12      Prior to the commencement of any phase of development, (including remediation works) a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority for that phase. The CEMP shall include details of: a named contact for the developer/construction firm should a complaint be received; the limit and height of stockpiling of materials and interim ground treatment; Storage of building materials, equipment and plant; Temporary landscaping; Construction drainage; Measures to control vibration, noise and dust emissions; Measures to protect retained vegetation, protected and other species and the control of invasive species; Full details of all materials to be imported to, or exported from the site including measures to manage soil movement; Fencing for the duration of site works; Proposed routing of construction traffic, including proposed site access arrangements and access points for construction traffic; Loading and unloading of materials and plant; Storage of materials and plant and materials for use during construction; Details of method to treat and remove suspended solids from surface water run-off during construction; Provision of wheel cleaning facilities; a Construction workers compound; and parking areas including oil and petrol separators. The approved scheme shall be implemented in full for the duration of that phase of the development and no construction activity or work on site shall be undertaken except during the following times: Monday to Friday 0700 to 1800 hours and Saturday 1000 to 1600 hours.

 

 

13      No phase of development shall take place until a detailed surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority for that phase, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. Your attention is brought to the informative below outlining detailed requirements of the surface water drainage scheme. The scheme shall subsequently be implemented strictly in accordance with the approved details before occupation of that phase of development and shall be retained for the life of the development unless otherwise agreed in writing by the Local Planning Authority.

 

14      No development within a phase shall commence until drainage plans for the disposal of foul sewage within that phase have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented strictly in accordance with the approved details prior to occupation of that phase of development.

 

15      Unless otherwise agreed in writing by the Local Planning Authority, development within a phase must not commence until an assessment of the nature and extent of any potential contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. The assessment must include; a survey of the extent, scale and nature of contamination and; an assessment of the potential risks to: human health, property, adjoining land, controlled waters, ecological systems, archaeological sites and ancient monuments. Where the above assessment indicates that contamination may be present, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) for the development shall be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures.

 

16      In the event that remediation is required to render the development suitable for use, the remediation scheme approved pursuant to condition 15 shall be implemented strictly in accordance with the approved timetable of works. Prior to occupation of any building(s) a Verification Report (that demonstrates the effectiveness of the remediation carried out) must be submitted to and approved in writing by the Local Planning Authority.

 

17      In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site. An assessment must be undertaken in accordance with the requirements of condition 15 above, and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be implemented strictly in accordance with the approved timetable.

 

18      All landscaping must be implemented strictly in accordance with the landscaping plans (xxx), including the landscape maintenance. Prior to occupation of any dwellings within a phase, a detailed planting timescale shall be submitted to and approved in writing by the Local Planning Authority to identify the phasing of planting within the development. The planting shall thereafter be undertaken in accordance with the timescale approved pursuant to this condition.

 

19      (a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out strictly in accordance with British Standard [3998 (Tree Work)].(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the local planning authority.(c) The erection of fencing for the protection of any retained tree shall be undertaken strictly in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

20      Any trees or other plants, which die, are removed or become seriously damaged or diseased within the first five years following planting shall be replaced during the next planting season with others of similar size or species unless otherwise agreed in writing by the Local Planning Authority.

 

21      No development within any phase shall take place until details of earthworks for that phase have been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the  finished levels across the site (including finished floor levels, path and road levels and height of retaining walls) and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform. Dwellings either side of an access road should have a floor slab level at least 300mm above the adjacent access road. The development shall thereafter be implemented strictly in accordance with the approved details.

 

22      Prior to the commencement of development in Phase 1B or Phase 2, an updated Ecological Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority for approval in writing. The assessment shall include an updated Phase 1 Habitat Survey and protected species surveys for the site area. Thereafter works shall be undertaken strictly in accordance with the mitigation recommended within the EcIA for the phase. No site clearance or removal of any trees, shrubs or other vegetation shall be carried out during the period 1 March to 31 August inclusive unless otherwise agreed in writing in advance with the Local Planning Authority. Any clearance works within this period shall be supervised by an Ecological Clerk of Works.

 

23      No site clearance or removal of any trees, shrubs or other vegetation shall be carried out during the period 1 March to 31 August inclusive unless otherwise agreed in writing in advance with the Local Planning Authority. Any clearance works within this period must be supervised by an Ecological Clerk of Works and the works agreed in writing by the Local Planning Authority prior to the works commencing.

 

24      No development shall commence within a phase until a landscape management plan for that phase has been submitted to and approved in writing by the Local Planning Authority. The plan shall include details of enhancements to retained habitats on the site, and also provide details of the long-term management of the retained habitats of the site. Thereafter such works shall be undertaken strictly in accordance with the approved landscape management plan for the relevant phase unless otherwise agreed in writing by the Local Planning Authority.

 

25      No phase of the site shall be occupied unless glazing and ventilation mitigation for that phase has been implemented in line with the strategy outlined in Chapters 6 and 7 of the Noise Assessment (November 2015). This shall include the adoption of the enhanced glazing and ventilation to those properties outlined in sketch plans SK05 and SK05b.

 

26      Unless otherwise agreed by the Local Planning Authority, development of each phase shall not commence until an assessment of the air quality impacts (including exposure) of the proposal has been submitted to, and approved in writing by the Local Planning Authority. The level of assessment should be commensurate with the scale of development and should characterise the significance of the impact from all sources. The assessment should be carried out in accordance with relevant guidance by suitably qualified persons. Measures required mitigating the air quality impacts of each Phase of development should be agreed by the Local Planning Authority and implemented prior to the occupation of any building. The measures shall thereafter be retained for the life of the development.

 

27      No development shall take place within any phase of the development until the applicant has secured the implementation of a programme of archaeological works for the relevant phase in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. The WSI  shall include: the results of a geophysical survey; the statement of significance and research objectives; the programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works; the programme for further mitigation, post-investigation assessment; and subsequent analysis, publication & dissemination and deposition of resulting material. The agreed scheme shall be carried out strictly in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

 

28      Prior to the commencement of development within a phase, there shall be submitted to and approved in writing by the Local Planning Authority: (1) cross-sections and contour plans showing details of the existing and proposed site levels in relation to adjacent properties, including finished floor levels for the residential development, for that phase; and (2) an assessment of any site slope stability issues the development may have with respect to the creation of ponds and any special stabilisation measures that are required to mitigate slope stability issues for that phase.  Each phase of the development shall be implemented strictly in accordance with the approved details, unless otherwise agreed in writing in advance by the Local Planning Authority.

 

Reasons

 

 1       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and Section 92 of the Town and Country Planning Act 1990.

 

 2       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and Section 92 of the Town and Country Planning Act 1990.

 

 3       To ensure that the development is delivered in accordance with the phasing plan and Transport Assessment submitted with the application. To limit the number of completed dwellings prior to the completion of the Gedling Access Road. For the avoidance of doubt and to accord with the aims of Policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014).

 

 4       For the avoidance of doubt.

 

 5       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004 and Section 92 of the Town and Country Planning Act 1990.

 

 6       To ensure that sustainable travel is encouraged and implemented in accordance with the aims of the National Planning Policy Guidance (March 2014).

 

 7       To ensure that sustainable travel is encouraged and implemented in accordance with the aims of the National Planning Policy Guidance (March 2014).

 

 8       In the interests of pedestrian and cycle safety and to accord with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

 9       In the interests of highway safety and to accord with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

10      In order to secure adequate public transport linkages to the site and promote sustainable transport.

 

11      In the interests of highway safety and to  accord with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

12      To protect the residential amenity of the area in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

13      To prevent the increased risk of flooding, to improve and protect water quality; to improve habitat and amenity; and to ensure the future maintenance of sustainable drainage structures, in accordance with the National Planning Policy Framework and Policies 1 and 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

14      To ensure adequate measures are in place to deal with foul sewage on the development site.

 

15      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).

 

16      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).

 

17      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).

 

18      To ensure a satisfactory development and that the landscaping of the development accords with Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014) and Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

19      In the interests of good Arboricultural practice.

 

20      In the interests of good Arboricultural practice.

 

21      To prevent the increased risk of flooding, to improve and protect water quality; to improve habitat and amenity; and to ensure the future maintenance of sustainable drainage structures, in accordance with the National Planning Policy Framework and Policies 1 and 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

22      To protect and enhance ecology interest in the area and to accord with paragraph 109 of the National Planning Policy Framework.

 

23      To protect and enhance ecology interest in the area and to accord with paragraph 109 of the National Planning Policy Framework.

 

24      To protect and enhance ecology interest in the area and to accord with paragraph 109 of the National Planning Policy Framework.

 

25      To protect the residential amenity of the area in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

26      To prevent any undue impact on air quality that may arise with the development, in accordance with the aims of Policy ENV11 of Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014)

 

27      To ensure a satisfactory programme of archaeological work has been approved to ensure that the development is constructed in accordance of the impacts defined within the Environmental Statement.

 

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

 

Reasons for Decision

 

The development has been considered in accordance with the National Planning Policy Framework, the Aligned Core Strategy for Gedling Borough (September 2014) and the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014), where appropriate.  In the opinion of the Borough Council, the proposed development largely accords with the relevant policies of these frameworks and plans.  Where the development conflicts with the Development Plan, it is the opinion of the Borough Council that other material considerations indicate that permission should be granted.  The benefits of granting the proposal outweigh any adverse impact of departing from the Development Plan.

 

Notes to Applicant

 

It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring.

 

The applicant should note that notwithstanding any planning permission that if any 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 the Nottinghamshire County Council's current highway design guidance and specification for roadworks.

 

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.

 

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.

 

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 the works you will need to enter into an agreement under Section 278 of the Act. Please contact the Highway Authority for details.

 

The detailed surface water drainage scheme to be submitted shall:  - require all flows to be attenuated to Qbar for the entire site;- include provision for the entire site to be drained to the surface water drainage system with appropriate run-off coefficients or other factors used to represent the differing run off characteristics of the various parts of the site;- include an exceedance check using microdrainage software to simulate the drainage system for the 100year + 30% climate change event for a range of durations from 15 minutes to 24 hours to assess where the drainage system may flood. If this occurs, provision must be made for the accumulated volumes and flows to be directed to the surface water attenuation areas; - demonstrate that the surface water drainage system is designed in accordance with CIRIA C635 and C753, and the National SUDS Standards;- demonstrate detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details of any attenuation system, and outfall arrangements. 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 2 year, 1 in 30 year, 1 in 100 year plus climate change return periods;- confirm how on-site surface water drainage systems will be adopted and maintained in perpetuity to ensure long term operation at the designed parameters.

 

Public sewers have statutory protection by virtue of the Water Industry Act 1991, as amended by the Water Act 2003, and you may not build close to, directly over or divert a public sewer without consent.  You are advised to contact Severn Trent Water to discuss your proposals.  Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development.  If you require further information, please contact Severn Trent Water on 0116 234 3834.

 

The Borough Council requests that the applicant considers incorporating provision for residential dwellings (with dedicated parking) to have dedicated outside electric power points, to allow residents to charge electric/hybrid vehicles into the future (see IET Code of Practice for EV Charging Equipment Installation).

 

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 Borough Council has worked positively and proactively with the applicant, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework, based on seeking solutions to problems arising in relation to dealing with the planning application.  This has been achieved by meeting the applicant to discuss issues raised, providing details of issues raised in consultation responses; requesting clarification, additional information or drawings in response to issues raised; and providing updates on the application's progress.

 

Date Recommended: 9th May 2016