Agenda item

Outline application for residential development.

Kelly Whyles spoke on behalf of the applicant, in support of the scheme.

RESOLVED:

TO GRANT PLANNING PERMISSIONsubject to the following amended conditions:-

Conditions

1.         An application for approval of all the reserved matters (access, appearance, landscaping, layout and scale) shall be made to the local planning authority before the expiration of three years from the date of this permission.

2.         The development hereby approved shall be begun within two years from the date of the approval of the last reserved matter to be approved.

3.         This permission relates to the application form, site location plan, Supporting Planning Statement and Preliminary Ecological Appraisal, received on 2nd March 2016.

4.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council detailed plans, sections and elevations of all buildings. Once approved the buildings shall be built strictly in accordance with the approved plans unless otherwise agreed in writing by the Borough Council.

5.         The proposed dwellings shall not be brought into use until the details approved as part of the plans and particulars to be submitted for the application for the approval of reserved matters referred to in condition 1, 2 and 4 above have been implemented, unless other timescales are prior agreed in writing by the Borough Council.

6.         Before development (including site preparation) is commenced a full Tree Survey (BS 5837:2012) to include an Arboricultural Method Statement, details of tree protection fencing and a tree protection plan, to protect the existing trees, shall be submitted to and approved in writing by the Borough Council as Local Planning Authority.  Once these details are approved the development shall be carried out in accordance with the approved details and the trees shall be protected at all times during site preparation and development.

7.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council a landscape plan of the site showing retention of hedgerows and any supplementary planting as well as details of the existing planting to be removed or retained. The landscape plan shall also include a 2m buffer between the proposed development and the boundary of the adjacent Local Wildlife Site. 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 in writing by the Borough Council precise details of the materials to be used in the external elevations of the development. Once approved the development shall be carried out in accordance with these details.

9.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of the means of enclosure of the site. The means of enclosure of the residential gardens shall include boarding with mammal passes. 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.

10.       Before development is commenced there shall be submitted to and approved in writing by the Borough Council details regarding the retention of habitats in the eastern portion of the site, with enhancement to the grassland in that area and the inclusion of reptile refuge and bird nesting boxes and hedgehog boxes. Once these details are approved the development shall be carried out strictly in accordance with the approved details.

11.       Before development is commenced there shall be submitted to and approved in writing by the Borough Council  a Method Statement for clearance works regarding reptiles. Once approved the development shall be carried out strictly in accordance with these details.

12.       Before development is commenced there shall be submitted to and approved in writing by the Borough Council details regarding the findings of a pre-works check for badger’s setts onsite / within 30m of the site. Best practice measures outlined in Report Reference RSE_459_01-V1 – January 2016 shall be carried out regarding the pre-works checks. Once approved the development shall be carried out strictly in accordance with the approved details unless otherwise agreed in writing by the Borough Council.

13.       Demolition and construction works (including site preparation) will not be undertaken during the bird breeding season (1st March to the 31st August inclusive).  If this cannot be avoided, an ecologist will need to search for active bird nests immediately prior to works commencing. If nesting birds are on site, works cannot commence until the young have fledged. Written confirmation should be submitted to the Local Planning Authority that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site as birds, their nests and eggs, are protected by the Wildlife and Countryside Act 1981.

14.       Before development is commenced there shall be submitted to and approved by the Borough Council details of the means of surfacing of the unbuilt on portions of the site. The approved means of surfacing shall be erected before the dwellings are first occupied.

15.       The formal written approval of Gedling Borough Council is required prior to commencement of any development with regard to parking and turning facilities, access widths, gradients, surfacing, visibility splays and drainage (Hereinafter referred to as reserved matters). All details submitted to Gedling Borough Council for approval shall comply with the County Council's current 6'cs Highway Design and shall be implemented as approved.

16.       No works permitted under Class A, B, C, D or E of Part 1 Schedule 2 of the Town & Country Planning (General Permitted Development) (Amendment) (No.2) (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.

17.       Unless otherwise agreed by the Local Planning Authority, development must not commence until the following has been complied with: Site Characterisation: 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.  Moreover, it 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. Submission of Remediation Scheme: Where required, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) should 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. The assessment should be carried out in line with current guidance CLR11 and the appropriate British Standards (i.e. BS10175).

18.       In the event that remediation is required to render the development suitable for use, the agreed remediation scheme shall be implemented 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 and approved in writing by the Borough Council.

19.       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 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 assessment should be carried out in line with current guidance CLR11 and the appropriate British Standards (i.e. BS10175).

20.       The development hereby permitted shall be limited to not more than three dwellings with a maxim cumulative floorspace of 600 square metres.

Reasons

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

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

3.         For the avoidance of doubt.

4.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014).

5.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014).

6.         In the interests of good arboricultural practice and to ensure that the details of the development are acceptable, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014).

7.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014) and in the interest of protecting the adjacent Local Wildlife Site.

8.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014).

9.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014) and in order to prevent anthropogenic disturbance on the adjacent Local Wildlife Site and to retain ecological connectivity.

10.       To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014) and in order to protect the adjacent Local Wildlife Site.

11.       To ensure the protected species present on site and in the area are offered adequate protection.

12.       Because the surrounding habitat is being considered as good sett excavation potential for badgers and because of the mobile nature of this species.

13.       In order to protect all birds (except pest species), their nests and eggs.

14.       To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014).

15.       In the interest of highway safety.

16.       To ensure the openness of the Green Belt is protected in accordance with Paragraphs

17.       Because agricultural and horticultural holdings are considered to be a potentially contaminative land use and the proposals are for sensitive end-use (residential with gardens).

18.       Because agricultural and horticultural holdings are considered to be a potentially contaminative land use and the proposals are for sensitive end-use (residential with gardens).

19.       Because agricultural and horticultural holdings are considered to be a potentially contaminative land use and the proposals are for sensitive end-use (residential with gardens).

20.       To ensure the openness of the Green Belt is protected in accordance with paragraphs 89 and 90 of the NPPF.

Reasons for Decision

In the opinion of the Borough Council the proposal results in an acceptable re-development of brownfield land within the Green Belt, is not detrimental to the open character of the Green Belt, results in no significant impact on neighbouring residential properties and is acceptable in terms of highway safety. The proposal therefore accords with Paragraphs 79 - 92 of the National Planning Policy Framework, Policies A (Presumption in Favour of Sustainable Development), 3 (The Green Belt) and 10 (Design and Enhancing Local Identity) of the Aligned Core Strategy (September 2014), and Policy ENV1 (Development Criteria) of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

Notes to Applicant

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.  The actual amount of CIL payable will be calculated when a decision is made on the subsequent reserved matters application.

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 the processing of the application there were no problems for which the Local Planning Authority had to seek a solution in relation to this application.

The applicant’s attention is drawn to an informal planning guidance document which has been produced to try and define what sustainable development means in the context of air quality, and how we might help decrease levels by incorporating mitigation measures into scheme design as standard. (Seehttp://www.gedling.gov.uk/planningbuildingcontrol/planningpolicy/emerginglocalplan/supplementaryplanningdocuments/) We would also ask therefore, that the developer considers the commitment to incorporate provision for an EV (electric vehicle) charging point(s); to allow employees and/or clients/visitors to charge electric/plug-in hybrid vehicles whilst on site. Reference can be made to guidance produced by IET Code of Practice for EV Charging Equipment Installation for details of charging points and plugs specifications.

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.

You must contact the Borough Council's Building Control Section with regard to any proposed demolition of buildings on the site at least 4 weeks prior to any site clearance commencing.

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.