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Agenda item

Application No. 2016/0124- Land At South Of 64 Woodchurch Road, Bestwood

Minutes:

Residential development comprising seven dwellings with associated roads and driveways, hard and soft landscaping, means of enclosure and services.

 

The Service Manager – Development Services, verbally reported to Members that following circulation of the report, the site plan had been plotted incorrectly and had since been amended.  An updated version of the plan was displayed to Members. 

 

The Service Manager – Development Services, explained that further to the publication of the report, three additional objection letters had been received.  The additional considerations were verbally reported to Members. 

 

Mr Taylor, a local resident, spoke in objection to the application.

 

 

RESOLVED:

 

To GRANT FULL PLANNING PERMISSION subject to the applicant entering into a Section 106 planning obligation with the Borough Council as Local Planning Authority for the financial contributions towards Public Open Space; 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 strictly in accordance with the following approved and revised plans submitted with the application drawing numbers: Design and Access Statement (Feb 2016 [Amendment B: 15-11-16]); Site Location Plan (09/041 LOCN: Rev B); SITE LAYOUT showing landscape (09/041: Rev C); Alternative Site Layout - April 2016 - (09/041 Rev C); House Types A and B: Plans and Elevations (09/041 - 2); House Plot 7; Plans and Elevations (09/041 - 3); Extended Phase 1 Survey: (BJ Collins, May 2016); Tree Survey: Job.no: 3354_Tree Survey; and Tree Protection Measures - Residential development Woodchurch Road, Bestwood.

 

3.         No part of the development hereby permitted shall be brought into use until the private car parking areas are surfaced in a bound material with the parking bays clearly delineated in accordance with drawing number 09/041 Rev C. The parking areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking of cars.

 

4.         No part of the development hereby approved shall be brought into use until the shared private drive is provided in accordance with the approved plan, drawing no: 09/041 - 1 Rev C. The private drive shall then be retained in accordance with the approved plans for the life of the development.

 

 

5.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council drainage plans for the disposal of surface water shall be submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use and shall be retained for the life of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

6.         Before development hereby approved is first commenced, precise details, elevations, and materials of the proposed bin store shall be submitted to and approved in writing by the Borough Council. The development shall be implemented and maintained in accordance with the approved details for the life of the development.

 

7.         Before development hereby approved is first commenced full details of both soft and hard landscape works shall be submitted to and approved in writing by the Local Planning Authority. The proposed landscape works shall incorporate the mitigation measures recommended within The Extended Phase 1 Habitat Survey (BJ Collins, May 2016). The detailed landscape plans and particulars shall include: (a) details of size, species, positions and densities of all trees, hedges and shrubs to be planted; (b) details of the boundary treatments, including those to individual plot boundaries; (c) the proposed means of surfacing access roads, car parking areas, roadways, and the frontages of properties such as driveways and footpaths to front doors and (d) a programme of implementation. The development shall be implemented 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.         If within a period of five years beginning with the date of the planting of any tree or shrub, approved in relation to Condition 7, that tree or shrub, or any tree or shrub 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 or shrub 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.

 

9.         Before development is commenced there shall be submitted to and approved by the Borough Council precise details of the bricks and tiles to be used in the external elevations of the proposed development.  Once approved the development shall be carried out strictly in accordance with these details, unless otherwise agreed in writing by the Borough Council as the Local Planning Authority.

 

10.       Prior to the development hereby approved commencing (including site preparation) a tree protection plan and an Arboricultural Method Statement shall be submitted to the Local Planning Authority and approved in writing, which shall: (i) graphically show on a plan the location of tree and root protection barriers; and (ii) give guidance on aspects of the proposed works which may have an Arboricultural impact to retained trees and show that they are mitigated in accordance with BS5837:2012.

 

11.       The upper floor windows shown on the front elevation of plan no.09/041 - 3, serving the rooms labelled (i) en-suite, (ii) Bedroom 5, facing no.64 Woodchurch Road shall be obscure glazed to a minimum of Pilkington Level 4 and shall be top hung opening windows at all times, unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

12.       The windows on the southeast, Front Elevation serving the entrance hall and the void; Plot 7 (09/041 - 1C (Site Layout showing Landscaping), as shown on plan no:09/041 - 3 (House Plot 8 Plans & Elevations); shall be obscure glazed to a minimum of Pilkington Level 4 at all times, unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

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 adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area.

 

4.         In the interests of Highway safety.

 

5.         To ensure that the development is provided with satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

 

6.         For the avoidance of doubt.

 

7.         To ensure a satisfactory development and that the landscaping of the development accords with the requirements of Policy ENV1 and ENV2 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008) and Policy 17 of the Aligned Core Strategy.

 

8.         To ensure a satisfactory development and that the landscaping of the development accords with the requirements of Policy ENV1 and ENV2 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008) and Policy 17 of the Aligned Core Strategy.

 

9.         To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

10.       To ensure satisfactory development, in accordance with the aims of Policy 17 of the Gedling Borough Council Aligned Core Strategy.

 

11.       In order to protect the privacy of the adjoining dwellings, in accordance with the aims of policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2016)

 

12.       In order to protect the privacy of the adjoining dwellings, in accordance with the aims of policy ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2016)

 

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 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 impacts that can be mitigated through further details and particulars secured by condition.

 

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 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.

 

I bring your attention to Bestwood St Albans Parish Path No.9 which runs along the southern boundary of the site. The availability of the footpath should not be affected or obstructed in any way by the proposed development at this location unless subject to appropriate diversion or closure orders. The Rights of Way Office should be consulted in any re-surfacing or gating issues. You are advised that potential path users in the area should not be impeded or endangered in any way.

 

Your attention is brought to the recommendations of the Highway Authority. The plans submitted are not to an adoptable standard therefore the road will always remain Private. For private developments with six building frontages or more, it is required under Sections 219 to 225 of the Highways Act to serve a notice on the applicant with an assessment of the full cost of the proposed roadworks under the Advance Payment Code (APC), to protect frontage's interests. The cost of the APC notice will reflect the full cost of the proposed street works likely to be required to complete the works to an adoptable standard and must be paid in cash and not by bond. The requirement for an APC notice can only be removed by entering into a S38 agreement to have the road adopted. However as the road layout is not to adoptable standards and the ownership unknown, it cannot therefore be adopted. However, just as the APC would be served and money paid or retained, the Highway Authority are not indicating any future intension to adopt and maintain the street works at public expense.

 

Your 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 to decrease levels by incorporating mitigation measures into scheme design as standard. (see: http://gedling.gov.uk/planningbuildingcontrol/planningpolicy/emerginglocalplan/supplementaryplanningdocuments/). It is therefore requested commitment to incorporate provision for an EV (electrical vehicle) charging point per dwelling; to allow future residents to charge electrical/hybrid vehicles into the future. 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 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.

 

No removal of hedgerows, trees or shrubs which have the potential to support nesting birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check for active birds' nests immediately before clearance works commence and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority. As you will be aware all birds, their nests and eggs (except pest species) are protected by the Wildlife and Countryside Act 1981 (and as amended).

 

Planning Statement - The Borough Council has undertaken negotiations during the consideration of the application to address adverse impacts identified by officers to address concerns in connection with the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and favourable recommendation. The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework (March 2012).

 

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.

 

Your attention is brought to the implications of the private drive for future occupiers if the roads are not adopted. (i) Future maintenance liabilities; (ii) Public liabilities; (iii) Street cleansing; (iv) Lack of pedestrian facilities; (v) Lack of / or poor standard of lighting and drainage; (vi) Nottinghamshire County Council have no powers under the Highways Act; (vii) The police have no powers to remove obstructions.

 

Supporting documents:

 


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