Agenda item

The change of use of agricultural land to a mixed traditional, natural and woodland burial ground, erection of facilities building and associated car parking, landscaping and new access arrangements onto Georges Lane.

 

Linda Reynolds, a local resident, spoke in objection to the application.

 

The Service Manager – Development Services introduced the report.

 

RESOLVED to Grant planning permission subject to conditions:

 

Conditions

 

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

 

 2         This permission shall be read in accordance with the following plans and details submitted to the Local Planning Authority: Site location plan received on 23rd August 2018, Drawing no. PRI 20524 10 J received on 23rd August 2018 and Drawing no. PL-01 Rev B received on 2nd March 2018. The development shall thereafter be undertaken in accordance with these plans.

 

 3         No part of the development hereby permitted shall be brought into use until the existing site access onto Georges Lane has been permanently closed and reinstated to verge, in accordance with details first submitted to and approved in writing by the Borough Council.

 

 4         No part of the development hereby permitted shall be brought into use until the new access to Georges Lane and car parking area, as shown indicatively on drawing PRI 20524 10 J, has been provided and made available for use, in accordance with technical details that have been first submitted to and approved in writing by the Local Planning Authority.

 

 5         No part of the development hereby permitted shall be brought into use until the footway improvements along Georges Lane, as shown indicatively on drawing PRI 20524 10 J, has been provided and made available for use, in accordance with technical details that have been first submitted to and approved in writing by the Local Planning Authority.

 

 6         No part of the development hereby permitted shall take place until visibility splays of 2.4m x 120m have been provided at the site access.

 

 7         All burials shall be:

o          a minimum of 250 m from a potable groundwater supply source;

o          a minimum of 30 m from a water course or spring;

o          a minimum of 10 m distance from field drains;

o          no burial into standing water and the base of the grave must be above the local water table

 

 8         Prior to the development hereby approved being first brought into use, there shall be submitted to and approved by the Local Planning Authority 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 together with a management plan for the long term retention of the landscaping. The approved landscape plan shall be carried out in the first planting season following the development first being brought into use and shall be managed in perpetuity is accordance with the approved management plan.

 

 9         Prior to the erection of any external lighting there shall be submitted to and approved in writing by the Local Planning Authority details of all such lighting, including levels of illumination and a lux plot of the estimated luminance, to be provided on the approved buildings or elsewhere within the site. Any security lighting/floodlighting to be installed, shall be designed, located and installed so as not to cause disturbance to ecological interests on and adjacent to the site. The external lighting shall be provided in accordance with the approved details and shall be retained as such for the lifetime of the development.

 

10        The internal access roads within the site shall not be installed until precise details of their widths and the proposed materials to be used in their construction have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details and retained as such in perpetuity.

 

11        No development shall commence on site in connection with the approved car park, facilities building or woodland walk through the Woodland Burial Area (including, tree works, fires, soil moving, temporary access construction and / or widening or any operations involving the use of motorised vehicles or construction machinery) until a detailed Arboricultural Method Statement (AMS) in accordance with BS5837:2012 Trees in relation to design, demolition and construction - Recommendations has been submitted to and approved in writing by the Local Planning Authority and any protective fencing is erected as required by the AMS. The AMS shall include full details of the following:

 

a)         Timing and phasing of Arboricultural works in relation to the approved development.

b)         Details of a tree protection scheme in accordance with BS5837:2012:which provides for the retention and protection of trees, shrubs and hedges adjacent to the site.

c)         Details of any construction works required within the root protection area of trees, hedges or shrubs adjacent to the site, as defined by BS5837:2012.

d)         Details of the arrangements for the implementation, supervision and monitoring of works required to comply with the arboricultural method statement

e)         Details and construction details of any pathways and other development to take place within the Woodland Burial Area.

 

The development shall thereafter be undertaken in accordance with the approved Arboricultural Method Statement.

 

12        The Woodland Burial area shall be used for the scattering of cremated remains only and not for ground burials, in accordance with the email received from the Agent on 1st October 2018.

 

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 define the terms of this permission.

 

 3         In the interest of highway safety.

 

 4         In the interest of highway safety.

 

 5         To promote sustainable travel, in the interest of pedestrian safety.

 

 6         In the interest of highway safety.

 

 7         To protect the quality of controlled waters in the local area.

 

 8         In the interests of visual amenity and landscape character.

 

 9         To protect ecological interests on and adjacent to the site.

 

10        In the interests of visual amenity and landscape character.

 

11        To ensure that existing trees are adequately protected.

 

12        To ensure that the woodland is retained and to define the permission, for the avoidance of doubt.

 

Reasons for Decision

 

The proposed development would represent appropriate development in the Green Belt and would not cause harm to openness or to the purposes of including land within the Green Belt. It is not considered that there would be an undue impact upon visual amenity or landscape character, residential amenity, highway safety, designated heritage assets, ecological considerations or ground water. The proposal therefore accords with the objectives of the National Planning Policy Framework, Aligned Core Strategy Policies A, 1, 3, 10, and 11, Local Planning Document Policies 6, 19, 26, 32, 57 and 61 and Calverton Neighbourhood Plan Policies  ISF1, ISF2, ISF3, BE1, BE5, NE3, NE4 and NE5. Whilst it is noted that a departure is taken from the Aligned Core Strategy Policy 17 in that the prospective Special Protection Area is not being treated as confirmed European Site, the reason for this is set out in detail in the Officer report to Planning Committee.

 

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

 

The off-site works associated to this consent will require you to undertake works within 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 work you will need to enter into an Agreement under Section 278 of the Act. Please contact hdc.south@nottscc.gov.uk for details.

 

The applicant should make themselves familiar with the Environment Agency's guidance on cemeteries and burials, which can be found at:https://www.gov.uk/guidance/cemeteries-and-burials-prevent-groundwater-pollution

 

When considering carrying out any work to trees it is important to consider the provisions made in the Wildlife and Countryside Act 1981, Conservation (natural habitats) Regulations 1994 and the Countryside Rights of Way Act 2000, which mean it is an offence to intentionally or recklessly kill, injure or take a bat, Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a bat, Intentionally or recklessly disturb a bat while it is occupying a structure or place that it uses for shelter or protection, damage, destroy or block access to the resting place of any bat, Intentionally or recklessly kill, injure or take a wild bird, Intentionally or recklessly take, damage or destroy the nest of any wild bird when it is in use or being built, Intentionally or recklessly take, damage or destroy the egg of any wild bird. These points outline the main parts of the above legislation. If you are unsure about these issues, it would be advisable to contact an ecological consultant before undertaking any tree work operations.

 

The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2018). Amendments were secured to address matters arising with respect to highway safety and heritage assets.

 

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 ww.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