Agenda item

Land to be developed with the construction of 3 x detached dwelling house and 1 x detached bungalow.

 

The Service Manager – Development Services introduced the report and recommended that planning permission be granted in accordance with the report with the following amendments:

 

(i)            The management company is only required for the maintenance of the new access road (not roads as detailed in the report) and areas of open space not within plot curtilages, and 

 

(ii)        An additional condition to restrict the hours of work during construction and delivery of materials.

 

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 the provision of a Management Company for maintenance of the new access road and areas of open space not within the curtilages; 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 plans and details submitted with the application: Application Form; Certificate B signed 3/10/2018; Design and Access Statement (August 2018); Layout Plan; Proposed Plot 1 and 3 (Elevations Floor Plans); Proposed Plot 2 (Elevations Floor Plans); Proposed Plot 4 Bungalow (Elevations Floor Plans); Visualisation 1; Visualisation 2; Visualisation 3; Tree Survey indicating trees to be felled;  Site Location Plan; Planting Maintenance Schedule; and Amended Landscape Plan (LANDP001 - Rev 03).

 

 3         The dwellings shall not be brought into use until the site access has been widened to 5.5m and surfaced in a hard-bound material in accordance with submitted Layout Plan and Landscape Plan (LANDP001 Rev 03).

 

 4         Prior to above ground works commencing, precise details of the location, 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.

 

 5         No part of the development hereby approved shall be brought into use until the shared private drive is provided in accordance with the approved Layout Plan and Landscape Plan (LANDP001 Rev 03). The private drive shall then be retained in accordance with the approved plan(s) for the life of the development.

 

 6         Before development is commenced there shall be submitted to and approved in writing by the Local Planning Authority drainage plans for the disposal of surface water. 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.

 

 7         The development shall be constructed strictly in accordance with the revised Landscape Plan drawing no (LANDP001 Rev 03) and the email dated 3rd January 2019 increasing the number of replacement Yew Trees to 5. If within a period of five years beginning with the date of the planting of any tree or shrub, approved in relation to the Landscape Plan, 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 Local Planning Authority 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 Local Planning Authority.

 

 8         No above ground works shall commence until there has been submitted to and approved in writing by the Local Planning Authority 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 Local Planning Authority.

 

 9         No development shall take place until a Construction Environmental Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period of the development. The Statement shall provide for: (i) the parking of vehicles of site operatives and visitors; (ii) loading and unloading of plant and materials; (iii) storage of plant and materials used in constructing the development; (iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (v) wheel washing facilities; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works.

 

10        The hours of work during construction and the delivery of materials to the site shall be restricted to between 08.00-18.00 hours Monday-Friday, 08.00-13.00 hours Saturdays and no working or delivery of materials shall take place on Sundays and Bank Holidays.

 

 

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 enable vehicles to enter and leave the access in a slow and controlled manner and in the interests of general Highway safety.

 

 4         To enable the Refuse lorries to collect on collection day.

 

 5         In the interests of Highway safety.

 

 6         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.

 

 7         To ensure a satisfactory development and that the landscaping of the development accords with the requirements of Policy 17 of the Aligned Core Strategy.

 

 8         To ensure a satisfactory development, in accordance with the aims of Policy 10 of the Aligned Core Strategy.

 

 9         To protect the residential amenity of the area in accordance with the aims of Section 15 of the National Planning Policy Framework and Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014) and Policy LPD32 (Amenity).

 

10        To protect the residential amenity of the area in accordance with the aims of Section 15 of the National Planning Policy Framework and Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014) and Policy LPD32 (Amenity).

 

 

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 Local Planning Document, 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.

 

Your attention is brought 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 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.

 

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 38 of the National Planning Policy Framework (March 2012).

 

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.

 

Date Recommended: 19th December 2018