Agenda item

Councillor Miller re-joined the meeting.

Construction of 9 three bedroom houses and 3 four bedroom houses.

Jamie Foot, the applicant’s agent, spoke on behalf of the applicant.

Ian Burton, a neighbouring resident, spoke in objection to the application. 

The Service Manager – Development Services introduced the report.

RESOLVED:

That the Borough Council GRANTS FULL PLANNING PERMISSION, subject to the applicant entering into a Section 106 Agreement with the County Council as local highway and education authority for the provision of, or financial contributions towards, Bus Stop Infrastructure and Educational Facilities; and 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 constructed and implemented in accordance with the following approved plans and documents: Proposed Site Layout: Detailed Access Set-Out (DL/321/215A Rev A), received on 16th August 2016; Proposed Site Layout: Plan, Site Sections & Street Elevations (DL/321/201 Rev C) and Proposed Site Layout: Site Sections 3 & 4 (DL/321/216), received on 13th September 2016; and Proposed Site Layout: Topographic Overlay (DL/321/200 Rev E) and House Types 1, 2, 3 and 4 (DL/326/211 Rev A, DL/321/212 Rev A, DL/321/213 Rev A, DL/321/214 Rev A), received on 5th December 2016.

3.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of the materials to be used in the external elevations of the proposed buildings.  Thereafter the development shall be carried out in accordance with approved materials, unless otherwise prior agreed in writing by the Borough Council.

4.         Before development is commenced there shall be submitted to and approved writing by the Borough Council details of the means of surfacing of the access, car parking areas, turning and servicing areas and other unbuilt on portions of the site.  The access, car parking areas, turning and servicing areas and other unbuilt on portions of the site shall be provided and completed in accordance with the approved details before the development is first brought into use and the parking, turning and servicing areas shall not be used for any other purpose other than the parking, turning, loading and unloading of vehicles.

5.         Before development is commenced there shall be submitted to and approved by the Borough Council a landscape plan of the site showing the position, type and planting size of all trees, hedges, shrubs or seeded areas proposed to be planted.  The approved landscape plan shall be carried out in the first planting season following the substantial completion of the development.  If within a period of five years beginning with the date of the planting of any tree, hedge, shrub or seeded area, that tree, shrub, hedge or seeded area, or any tree, hedge, shrub or seeded area that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Borough Council seriously damaged or defective, another tree, shrub or seeded area of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Borough Council.

6.         Before development is commenced, including vegetation clearance or ground works, the existing trees to be retained, and any neighbouring trees, shall be protected in accordance with the details specified in the Arboricultural Survey, dated 7th May 2013 by Forest Farm Treee Services.  The means of protection shall be implemented in accordance with the approved details for the duration of the construction period, unless otherwise prior agreed in writing by the Borough Council.

7.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of the new road, including longitudinal and cross sectional gradients, visibility splays, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. The development shall be constructed in accordance with the approved details, which shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

8.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of the proposed adoptable carriageway/footways, which shall be constructed with a gradient not exceeding 1 in 15 throughout the development.  The development shall be constructed in accordance with the approved details, which shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

9.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of measures to prevent the unregulated discharge of surface water from the access driveways, parking and turning areas.  No part of the development hereby permitted shall be brought into use until the access driveways, parking and turning areas have been constructed in accordance with the approved details, which shall be retained for the lifetime of the development, unless otherwise prior 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 of wheel washing facilities to be installed on the site.  The approved wheel washing facilities shall be maintained in working order at all times during the construction phase, unless otherwise prior agreed in writing by the Borough Council, and shall be used by any vehicle carrying mud, dirt or other debris on its wheels before leaving the site so that no mud, dirt or other debris is discharged or carried on to a public road.

11.       No part of the development hereby permitted shall be brought into use until the carriageway works on Poplar Close, as shown on drawing no: DL/321/215A Rev A, have been constructed in accordance with the approved details.  The carriageway works shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

12.       No part of the development hereby permitted shall be brought into use until forward visibility is provided in accordance with the approved plans.  The area within the visibility splays referred to in this condition shall thereafter be kept free of all obstructions and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

13.       No part of the development hereby permitted shall be brought into use until all drives and parking areas have been surfaced in a bound material (not loose gravel).   The surfaced drives and parking areas shall then be maintained in such bound material for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

14.       No removal of hedgerows, trees or shrubs shall take place on site during the bird nesting season (1st March to 31st August inclusive in any given year), unless pre-commencement checks for nesting birds have been undertaken by an appropriately qualified ecologist and the outcome reported to the Borough Council.  If any nesting birds are found to be present, details of any proposed mitigation measures shall be submitted to and approved in writing by the Borough Council before the development commences. The mitigation measures shall be implemented in accordance with the approved details before development commences, unless otherwise prior agreed in writing by the Borough Council.

Reasons

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

2.         For the avoidance of doubt and to allow a proportionate approach to minor material amendments.

3.         To ensure that the materials to be used in the external elevations of the proposed building are satisfactory, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

4.         To ensure that the means of surfacing of the development are satisfactory and to ensure a satisfactory development, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

5.         To ensure that the landscaping of the proposed 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).

6.         To minimise any potential impacts on biodiversity and the landscape in accordance with Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

7.         To ensure the development is constructed to adoptable standards, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

8.         In the interests of general highway safety, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

9.         To ensure surface water from the site is not deposited on the public highway causing dangers to road users, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

10.       To reduce the possibility of deleterious material being deposited on the public highway in the interests of highway safety, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

11.       To ensure the carriageway works are constructed to the Highway Authority's standards and requirements, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

12.       To maintain the visibility splays throughout the life of the development and in the interests of general highway safety, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

13.       To reduce the possibility of deleterious material being deposited on the public highway in the interests of highway safety, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

14.       To minimise any potential impacts on biodiversity in accordance with Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

Notes to Applicant

You are advised that planning permission does not override any private legal matters which may affect the application site, over which the Borough Council has no jurisdiction (e.g. covenants imposed by former owners, rights of light, etc.).

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 not payable on the development hereby approved as the development type proposed is zero rated in this location.

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.

This consent will require approval under Section 19 of the Nottinghamshire County Council Act 1985 and where the new streets are to be adopted an Agreement pursuant to Section 38/278 of the Highways Act 1980 will be required.  Please contact Nottinghamshire County Council to ensure that approvals and agreements are secured before commencement of works.

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 would be required to comply with the Nottinghamshire County Council's current highway design guidance and specification for roadworks, the 6C's Design Guide.

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment would 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, so 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 in writing before any work commences on site.

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 the development might help decrease levels by incorporating mitigation measures into scheme design as standard: http://www.gedling.gov.uk/planningbuildingcontrol/planningpolicy/emerginglocalplan/supplementaryplanningdocuments/)The Borough Council requests that the applicant considers the commitment to incorporate provision for an EV (electric vehicle) charging point(s); to allow residents to charge electric/plug-in hybrid vehicles (see guidance produced by IET Code of Practice for EV Charging Equipment Installation for details of charging points and plugs specifications).

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 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.