Agenda item

Erection of 72 dwellings and new vehicular access from Mansfield Road.

 

The Service Manager, Development Services, introduced the application covering density, car parking and a number of special requirements due to the previous usage of the site and the impact on the ability of the developer to provide affordable housing on site.

 

RESOLVED that the Borough Council GRANTS FULL 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 education authority for the provision of / or financial contributions towards; On Site Affordable Housing; Open Space; Healthcare; Education; Management Company for areas of open space / private drives / parking courts not within residential curtilages and not adopted by the Highway Authority; a Local Labour Agreement; and subject to the conditions: 

 

Conditions

 

 1         The development must be begun not later than three years beginning with the date of this permission.

 

 2         The development hereby approved shall be completed strictly in accordance with the approved plans, application forms, plans and drawing no's: Planning Statement (July 2016); Noise Assessment Report 15/0715/R1; Site Location Plan (3029 01); Design and Access Statement (12/07/2016 ref 3029); Proposed Site Plan (3029-04 Rev U); Bin Collection Plan (3029-16); Road Adoption Plan (3029-17); The Ashby Floor Plans and Elevations (3029-06 Rev B); The Ashby and Ashby Variant Floor Plans and Elevations (3029-13 Rev A); RH2 Floor Plans and Elevations (3029-11 Rev B); RH2 Variant - Floor Plans and Elevations (3029-15); RH2 Floor Plans and Elevations (3029-11 Rev B); RH2 Variant 1 - Floor Plans and Elevations (3029-12 Rev A); The Hardwick Floor Plans and Elevations (3029-08); The Alnwick (Terraced) Floor Plans and Elevations (3029-14); The Alnwick Floor Plans and Elevations (3029-09 Rev B); RH2 Floor Plans and Elevations (3029-12); The Ashby Variant and Bradgate Floor Plans and Elevations (3029-13); Ashby and Bradgate Floor Plans and Elevations (3029-07 Rev A); The Alnwick Floor Plans and Elevations (3029-09 Rev A); Arboricultural Report - July 2016 - (T_EDP2897_01b); Topographical Study (574); Ecological Appraisal June 2016 (EDP2897_02a); Flood Risk and Drainage Strategy (Project No: 15075 - 6th July 2016); Ground Conditions Report (SLR Ref: 415.05614.00001); and the Transport Statement (ADC1321 A).

 

 3         Occupation of the proposed dwellings shall not take place until their respective off-street parking areas as shown on drawing number 3029-04 Revision U have been provided.

 

 4         Occupation of the proposed dwellings shall not take place until the private drive areas have been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary, and which shall be drained to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the life of the development.

 

 5         Prior to the occupation of any dwellings hereby approved the junction to the A60 (the site access) shall be provided strictly in accordance with the approved plan drawing no: Proposed Site Plan (3029-04 Rev U) to the satisfaction of the Highway Authority.

 

 6         No part of the development hereby permitted shall be occupied until a Travel Plan has been submitted to and approved in writing by the Borough Council. The Travel Plan shall set out proposals (including targets, a timetable and enforcement mechanism) to promote travel by sustainable modes which are acceptable to the Borough Council and shall include arrangements for monitoring of progress of the proposals. The approved Travel Plan shall be implemented in accordance with the timetable set out in that plan unless otherwise agreed in writing by the Borough Council.

 

 7         Occupation of the proposed dwellings shall not take place until "no waiting at any time" restrictions have been provided on the new access road in accordance with details first submitted to and approved in writing by the Borough Council.

 

 8         The development hereby approved shall be constructed strictly in accordance with the information provided within the Flood Risk and Drainage Strategy for the Proposed Residential Development at Land Adjacent to Mansfield Road, Redhill, Nottingham, by Travis Baker Ltd dated 6th July 2016 unless otherwise agreed in writing by the Local Planning Authority.

 

 9         The development hereby approved shall be constructed strictly in accordance with the submitted Arboricultural Statement dated July 2016. All tree protection measures stated within the statement must be adhered to. All tree pruning must be carried out in accordance to BS3998:2010. Should the existing boundary treatment require removal prior to the commencement of development, the written approval from the Borough Council should be sought on the Pre Commencement Meeting outlined in the Arboricultural Statement paragraphs 6.7 - 6.10.

 

10        Unless otherwise agreed in writing by the Local Planning Authority, development shall not commence until a Dust Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. The Dust Management Plan should be produced in accordance 'The Control of Dust and Emissions from Construction and Demolition' (Best Practice Guidance) and carried out in accordance with the approved plan.

 

11        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 in accordance with these details.

 

12        Before development is commenced there shall be submitted to and approved in writing by the Borough Council precise details of the means of enclosure of the site and precise details of the materials and structure of the retaining walls. Thereafter the means of enclosure shall be erected and retained in accordance with the approved details.

 

13        Before development is first commenced full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. Once approved the works shall be carried in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme of works that has been prior agreed in writing with the Local Planning Authority.

 

14        The hard and soft landscaping details to be submitted in relation to condition 13 above shall include the following; proposed finished levels or contours of the site; hard surfacing materials for car parking areas, and other vehicular and pedestrian access and circulation areas; minor artefacts and structures such as column lighting and bollard style luminaries to communal car parking areas; planting plans; written specifications; schedules of plants (noting species, plant sizes and proposed numbers/densities) and a schedule of landscape maintenance for a minimum period of five years from the date that the soft landscape works are completed.

 

15        The development hereby approved shall be completed strictly in accordance with the submitted Noise Report 15/0715/R1/Revision 1 unless otherwise prior agreed in writing by the Local Planning Authority. The Glazing and Ventilation strategy shall be adopted in accordance with the glazing plan illustrated in the noise report figure 15/0715/GM1 and the associated specification outlined in 15/0715/SPC1 together with the ventilation.

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

 

 4         In the interest of highway safety.

 

 5         In the interest of highway safety.

 

 6         To promote sustainable travel.

 

 7         To maintain the free-flow of traffic, in the general interest of highway safety.

 

 8         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).

 

 9         In the interests of good Arboricultural practice.

 

10        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).

 

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

 

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

 

13        To ensure that the details of the development are acceptable , in accordance with the aims of Policy 10 of the Aligned Core Strategy and Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

14        To ensure that the final form of the development complies with policies ENV1, H7 and H16 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

15        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).

 

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

 

Planning Statement - The Borough Council has undertaken negotiations during the consideration of the application and during Pre Application discussions 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 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.

 

Notwithstanding any planning permission 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 6CsDG.

 

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 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.

 

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 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.

 

The applicant should note that notwithstanding any planning permission that if any highway forming part of the development is to be adopted by the Highway Authority, the new roads and any highway drainage will be required to comply with Nottinghamshire County Council's current highway design guide 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 in writing before any work commences on-site. Correspondence to the Highway Authority should be addressed to: TBH - NCC Highways (Development Control, Floor 9), Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford, Nottingham, NG2 7QP.

 

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 these works you will need to enter into an agreement under Section 278 of the Act. Correspondence to the Highway Authority should be addressed as above.

 

The proposed off-site highway works referred to in condition 7 require a Traffic Regulation Order (TRO) to be enforceable. The developer should note that the TRO can be made on behalf of the developer by VIA in partnership with Nottinghamshire County Council at the expense of the developer. This is a separate legal process and the Applicant should contact the Highway Improvements Team on 0300 500 8080 for details.

 

The applicant is advised to safeguard the land that is required for future development to avoid prejudicing access to the site.

 

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). Also, consideration should be given to the installation of Low NOx Boilers: DEFRA, in their document entitled 'improving air quality in the UK' - Tackling nitrogen dioxide in our towns and cities' Dec 2015, are keen to encourage further use of low NOx boilers both in domestic and commercial premises.