Agenda item

Application for the approval of the reserved matters of access, layout, scale, appearance and landscaping following outline approval 2015/0424 - residential development of 14 units with associated parking and garages.

Sally-Anne Johnson, a local resident, spoke in objection to the application.

The Service Manager – Development Services introduced the report.

RESOLVED to Grant approval of reserved matters subject to the following conditions:

Conditions

 1         This permission shall be read in accordance with the following plans: BRL-PL201 received on 19th June 2018, 13, 14A, 15, 16, 17, 18, 19A, 20, 21, 22, 31, 32, 33, 36, 37, 39, 023C, 024A, 025A, 026A, 027A, 028A, 029A and 038 received on 4th September 2018 and the S278 works drawing received on 22nd October 2018. The development shall thereafter be undertaken in accordance with these plans.

 2         The development shall be undertaken in accordance with the recommendations of the Arboricultural Survey dated July 2015.

 3         No part of the development hereby permitted shall be brought into use until the verge frontage of the development has been hard surfaced as footway, together with the kerbs dropped for the 3no accesses as shown for indicative purposes only on the approved S278 works drawing and constructed under s278 agreement in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

 4         No part of the development hereby permitted shall be brought into use until the visibility splays are provided in accordance with the approved S278 works drawing. The area within the visibility splays referred to in this condition shall thereafter be kept free of all obstructions.

 5         No part of the development hereby permitted shall be brought into use until all drives and parking areas are surfaced in a bound material (not loose gravel). The surfaced drives and parking areas shall then be maintained in such bound material for the life of the development.

 6         No part of the development hereby permitted shall be brought into use until the access driveways and parking areas are constructed with provision to prevent the unregulated discharge of surface water from the driveways and parking areas to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 7         The approved landscape plan shown on drawing BRL-PL201 shall be carried out in the first planting season following the first occupation 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 Local Planning Authority 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 Local Planning Authority.

 8         No dwelling shall be occupied until details of the maintenance arrangements for all landscaped areas, drainage features and other areas not falling within the residential curtilages of the approved dwellings have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be maintained in accordance with the approved details in perpetuity.

Reasons

 1         To define the permission, for the avoidance of doubt.

 2         To ensure that existing trees are adequate protected.

 3         To provide suitable sustainable access facilities for pedestrians.

 4         To maintain the visibility splays throughout the life of the development and in the interests of general Highway safety.

 5         To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc).

 6         To ensure surface water from the site is not deposited on the public highway causing dangers to road users.

 7         In the interests of visual amenity.

 8         To ensure that these areas are adequately maintained, in the interests of visual amenity.

Reasons for Decision

The proposed development would be of a scale, layout and appearance that would be appropriate in the context of the surrounding area and would not have an adverse impact upon visual amenity or residential amenity. The proposed access and landscaping arrangements are considered to be acceptable. The proposal is therefore considered to meet with the objectives of the National Planning Policy Framework, Aligned Core Strategy Policies, A ,10 and 17, Local Planning Document Policies 32, 33, 57, 61 and 68 and Burton Joyce Neighbourhood Plan Policies NP1, NP2, NP3 and NP4.

Notes to Applicant

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 the works you will need to enter into an agreement under Section 278 of the Act. Please email hdc.south@nottscc.gov.uk

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 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 comments of Network Rail are attached.

Due to the proximity of the site to the railway, it is recommended that consideration be given to soundproofing measures that could be incorporated into the approved dwellings.

The applicant's attention is drawn to the recommendations set out in the updated ecological survey received on 15th November 2018.

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 from comments made by the Highways Authority.