Agenda item

Outline planning application for up to 79 No. dwellings with all matters reserved except access.

 

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

 

The Service Manager – Development Services introduced the report and gave the following updated information to the committee:

 

The applicant had confirmed that they were content to enter into policy compliant obligations as detailed in the report. Concern had however been expressed in relation to the proposed Local Labour Agreement. The applicant had advised that as a small local company they operate using local sub-contractors, most of who had worked with them for many years. The applicant had also advised that they only directly employ supervisory and management staff. It was however considered that it was possible to enter into a flexible Local Labour Agreement which met the business model of the developer, but also provided a formal commitment to use local labour and to provide the Borough Council with appropriate monitoring targets.    

 

The Service Manager – Development Services informed Members that further to the publication of the report, Calverton Parish Council had raised concern that the proposed planning obligation did not seek a planning obligation for village centre improvements as required in the Calverton NP (Policy G2 – Developer Contributions). He accepted that the report did not specifically address the issue, which was an oversight and provided the following update:

 

This policy consideration has now been fully considered and I do not consider that the request made by CPC meets the tests set out in Section 122 of The Community Infrastructure Levy Regulations 2010, namely that an obligation must be:

 

(a)       necessary to make the development acceptable in planning terms;

(b)       directly related to the development; and

(c)        fairly and reasonably related in scale and kind to the development.

 

In particular, unlike with the requirements for education and healthcare, there is no quantifiable basis or policy that could be used to set out how a sum of money or a scheme of improvements would be both necessary to make the development acceptable in planning terms or be fairly and reasonably related in scale and kind to either of the developments being proposed. This being the case, if village centre improvements were to be included in the list of S106 requirements, the Borough Council would subsequently have no basis on which to negotiate what form or amount that this would take, notwithstanding the fact that to do so would not meet with the tests I have just outlined. The Parish Council has however suggested that the contribution should be £1,000 per dwelling. 

 

It should also be note that a planning application to improve the village centre (St Wilfred’s Square) has recently been approved and that much of the centre is in private ownership, meaning that it cannot benefit from S106 monies. Likewise, S106 monies should not be used to maintain existing areas under public ownership, as this too would not meet the tests.

 

Furthermore, I note that paragraph 52 of the Neighbourhood Plan states that the Community Infrastructure Levy will be used to deliver village centre environmental improvements. Paragraph 53 advises that receipt will also be expended village centre car parking. In light of the fact that a planning obligation would fail to meet with the necessary tests, it is considered to be procedurally correct that the Community Infrastructure Levy instead be used to fund such improvements as required. The Parish element of the CIL receipt, which equates to 25% of the payment, is unable to be confirmed due to this being an outline application and therefore the floor areas are unknown.

 

RESOLVED:

 

To Grant Outline Planning Permission with the matter of Access approved: Subject to the applicant entering into a Section 106 Agreement with the Borough Council as Local Planning Authority and with the County Council as Local Education Authority for the provision of, or financial contributions towards, affordable housing, open space, healthcare facilities, education, bus service improvements, bus stop improvements, maintenance of open space areas and drainage features and a local labour agreement; and subject to the conditions listed for the reasons set out in the report.

 

Conditions

 

 1         Approval of the details of layout, scale, landscaping and appearance (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority before the commencement of any development.

 

 2         Application for the approval of reserved matters must be made not later than three years from the date of the outline permission and the development to which this permission relates must be begun within two years from the date of final approval of reserved matters.

 

 3         This permission shall be read in accordance with drawing number 002_C (with regard to the site area) and drawing numbers 17-0636-001 Revision A and GA_101_J  (with regard to the two access points onto Main Street only). Development shall thereafter be undertaken in accordance with these plans.

 

 4         Prior to the commencement of development details of the existing and proposed ground levels of the site and finished floor levels of the dwelling shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details.

 

 5         Development shall not commence until a scheme for the satisfactory disposal of foul and surface water from the site has been submitted to, and approved in writing by, the Local Planning Authority. No part of the development shall then be occupied or brought into use until the approved foul and surface water drainage works are completed in accordance with the approved scheme.

 

 6         Unless otherwise agreed by the Local Planning Authority, development must not commence until the following has been complied with:

 

            Site Characterisation An assessment of the nature and extent of any potential contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include; a survey of the extent, scale and nature of contamination and; an assessment of the potential risks to: human health, property, adjoining land, controlled waters, ecological systems, archaeological sites and ancient monuments.

 

            Submission of Remediation Scheme. Where required following the site characterisation assessment, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) shall be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. In the event that remediation is required to render the development suitable for use, the agreed remediation scheme shall be implemented in accordance with the approved timetable of works.

 

            Prior to occupation of any building(s) a Verification Report (that demonstrates the effectiveness of the remediation carried out) must be submitted and approved in writing by the Local Planning Authority.

 

 7         In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site. An assessment must be undertaken in accordance with the requirements set out in Condition 6 above, and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

 

 8         No development shall commence on site in connection with the development hereby approved (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 on and adjacent to the site.

            c) Details of any construction works required within the root protection area of trees, hedges or shrubs on and 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.

 

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

 

 9         Prior to commencement of any above ground construction works, details of Electric Vehicle charging points to be provided at each dwelling, to include their location and specification shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details prior to the first occupation of the development.

 

10        Prior to the commencement of the development a detailed Noise and Dust Management Plan shall be submitted to and be approved in writing by the Local Planning Authority. The Noise and Dust Management Plan shall identify the types and locations of works which are likely to cause noise and dust disturbance to sensitive receptors and:

 

            - Minimise noise and dust arising from such works by technical and physical means, and through work scheduling & management best practice - Identify (and make stakeholders aware of) the person responsible for recording, investigating & dealing with complaints from residents

            - Set out a communication strategy to keep regulators, resident and other stakeholders advised well in advance of specific works which are likely to cause noise and dust disturbance

            - Ensure that as much of the disruptive / noisy / dust generating work as possible is carried out during the normal construction operating hours- Regularly review the Noise and Dust Management Plan.

 

            Any amendments which may have an impact on noise or dust sensitive receptors shall be agreed in advance with the Local Planning Authority and communicated to all other stakeholders. The approved Noise and Dust Management Plan shall be implemented throughout the construction and demolition works undertaken on site.

 

11        The development shall be undertaken in accordance with the recommendations set out in Section 6 of the submitted Report of Ecology & Protected Species Surveys (Report No: 2019/01/532) dated January 2019.

 

12        Prior to the erection of any external lighting (other than within the curtilages of the approved dwellings) 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.. Any lighting to be installed along the site boundaries should be kept to a minimum and directed away from the building and retained boundary features to maintain 'dark' areas and corridors. The external lighting shall be provided in accordance with the approved details and shall be retained as such thereafter for the lifetime of the development.

 

13        No above ground construction works shall commence until details of bat and bird boxes to be incorporated within the fabric of the buildings and/or within the site have been submitted to and approved in writing by the Local Planning Authority. The bat and bird boxes shall thereafter be provided prior to the first occupation of the development hereby approved.

 

14        a) No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved in writing by the Local Planning Authority, and until all pre-start elements of the approved scheme have been completed to the satisfaction of the Local Planning Authority. The scheme shall include an assessment of significance and research questions; and:

 

            i) The programme and methodology of site investigation and recording

            ii) The programme for post investigation assessment

            iii) Provision to be made for analysis of the site investigation and recording

            iv) Provision to be made for publication and dissemination of the analysis and records of the site investigation

            v) Provision to be made for the archive deposition of the analysis and records of the site investigation

            vi) Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation

 

            b) The development shall not take place other than in accordance with the Written Scheme of Investigation for archaeological work approved under part a).

 

            c) The new dwellings shall not be brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation for archaeological work approved under part a) and the provision to be made for analysis, publication and dissemination of results has been secured.

 

15        Prior to commencement of any development with regard to parking and turning facilities, access widths, gradients, surfacing, street lighting, visibility splays and drainage, precise details of the proposed works shall be submitted to and approved in writing by the Local Planning Authority. All details submitted to the Local Planning Authority for approval shall comply with the Nottinghamshire County Council's current Highway Design and Parking Guides and all works shall thereafter be implemented in accordance with the approved details.

 

16        Occupation of the proposed dwellings shall not take place until their respective driveways 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 lifetime of the development.

 

17        No part of the development hereby permitted shall be brought into use until the pedestrian crossing as shown for indicative purposes only on drawing 17-0636-001 Revision A has been provided.

 

18        Occupation of the proposed dwellings shall not take place until their access driveway is fronted by a suitably constructed vehicular crossing.

 

19        No development shall take place, including any works of demolition, until a Construction 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. 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

 

Reasons

 

 1         To comply with the requirements of Section 92 of the Town and Country Planning Act 1990. The application is expressed to be in outline only in accordance with Article 5 of the Town and Country Planning (Development Management Procedure)(England) Order 2015.

 

 2         To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 

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

 

 4         To ensure that the development does not have a detrimental impact upon visual amenity or upon the occupiers of adjacent dwellings.

 

 5         To ensure that the drainage scheme is appropriate to meet the needs of the site and the approved development.

 

 6         To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 178 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

 

 7         To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 178 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

 

 8         To ensure that existing trees and hedges are adequately protected.

 

 9         To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration policy LPD11 of the Councils Local Plan.

 

10        To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration the National Planning Policy Framework and policy LPD11 of the Councils Local Plan.

 

11        In the interests of protecting ecological interests.

 

12        In the interests of protecting ecological interests.

 

13        In the interests of enhancing ecological provision on the site

 

14        To safeguard any potential archaeological remains.

 

15        In the interest of highway safety.

 

16        In the interest of highway safety.

 

17        In the interest of highway safety.

 

18        To ensure that drivers can cross the footway in a safe and controlled manner.

 

19        In the interest of highway safety.

 

Reasons for Decision

 

The principle of the development accords with the objectives of national and local planning policies, in particular as the site is a housing allocation in the adopted Local Planning Document. It is considered that up to 79 dwellings        could be accommodated on the site in a manner that would not cause undue harm to visual and residential amenity, highway safety, archaeological interests and ecological interests or would cause drainage concerns. It is therefore considered that the granting of outline planning permission would fully accord with the objectives of the relevant planning policies set out in the National Planning Policy Framework, Aligned Core Strategy, Local Planning Document and Supplementary Planning Documents and Calverton Neighbourhood Plan.

 

Notes to Applicant

 

The applicant should note that notwithstanding any planning permission that 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 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 (or District Council) in writing before any work commences on site.

 

Correspondence with the Highway Authority should be addressed to: hdc.south@nottscc.gov.uk

 

The pedestrian crossing on Main Street will be constructed within the extents of the public highway. These works shall be provided to the satisfaction of the Highway Authority. You are therefore required to contact licences@viaem.co.uk to obtain the necessary licence prior to works taking place.

 

Severn Trent Water advise that although their statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under, The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.

 

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 PAYABLE on the development hereby approved. The actual amount of CIL payable will be calculated when a decision is made on the subsequent reserved matters application.

 

The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2018). Additional information has been submitted to address matters raised during the determination of the application

 

It is the responsibility of the developer to ensure that the provision of Electric Vehicle charging is adequately incorporated into the design of the development such that there are no health and safety matters arising from trailing cables in public areas.  If necessary cables may need to be placed beneath footpath areas and brought back to the surface nearer the parking areas.  The minimum requirement is an operational weatherproof 3 pin socket on a dedicated 16A circuit with an ability to isolate from inside the property for security reasons.  The developer is encouraged to consider upgrading the EV charging facilities to incorporate additional mode 3 charging capability as this will help future proof the development and improve its sustainability. All electrical circuits/installations shall comply with the electrical requirements of BS7671:2008 as well as conform to the IET code of practice on Electrical Vehicle Charging Equipment installation (2015).

 

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.