Agenda item

Report No: DEV/WS/20/007

 

Planning Application -  Construction of (i) 48no. apartments (ii) communal facilities (iii) access, car parking and landscaping as amended by plans received 04 November 2019 (increasing number of apartments by 1no.)

Planning Application - Construction of (i) 48no. apartments (ii) communal facilities (iii) access, car parking and landscaping as amended by plans received 13 December 2019

 

The application was presented to the Development Control Committee on 4 December 2019.  The Committee had resolved to defer the application in order to allow additional time for Officers to consult with the applicant to establish whether it would be possible to amend the scheme to reduce the height of the building by way of removing the seven units on the top floor, in order to address the concerns regarding overlooking as raised by neighbouring residents. 

 

The Principal Planning Officer reported that the applicant amended the scheme following the December meeting of the Development Control Committee by removing the two units on the fourth floor that faced the rear of properties on Nelson Road. 

 

A further period of consultation had been carried out on the amended plans and the application was now being brought back to the Development Control Committee for determination.

 

The Principal Planning Officer reported a typographical error in the report, whereby the words (increasing number of apartments by 1no.) should be removed from the wording within the proposal as this no longer applied.

 

Speaker:      Rosie Roome (agent) spoke in support of the application.

 

Members expressed their support for the amended application, commending the applicant for taking into account the previous concerns of the Committee and neighbouring residents.  A particularly acceptable scheme had now been achieved, which was in compliance with relevant development plan policies and the National Planning Policy Framework. 

 

It was moved by Councillor Roger Dicker that the application be approved, as per the Officer recommendation. This was duly seconded by Councillor John Burns.

 

Upon being put to the vote and with the vote being unanimous, it was resolved that

 

Decision

 

Planning permission be GRANTED subject to the completion of the s106 Agreement and the conditions detailed below.

 

The s106 Agreement will secure the following financial contributions:

•        Affordable housing contribution of £523,284.20

•        Library contribution of £768.00

•        NHS CCG contribution of £14,504.95

 

1        The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2        No above ground development shall take place until a scheme for the provision of fire hydrants within the application site has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied or brought into use until the fire hydrants have been provided in accordance with the approved scheme. Thereafter the hydrants shall be retained in their approved form unless the prior written consent of the Local Planning Authority is obtained for any variation.             

 3       Prior to commencement of development, including any works of demolition, a Construction Method Statement shall be 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)      Site set-up including arrangements for the storage of plant and materials used in constructing the development and the provision of temporary offices, plant and machinery

iv)      The erection and maintenance of security hoarding including external safety and information signage, interpretation boards, 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

          viii)    Hours of construction operations including times for          deliveries and the removal of excavated materials and waste

          ix)      Noise method statements and noise levels for each                               construction activity including piling and excavation                             operations

          x)      Access and protection measures around the construction site      for pedestrians, cyclists and other road users including          arrangements for diversions during the construction period          and for the provision of associated directional signage           relating thereto.

4        Prior to first occupation, at least 25% of car parking spaces in private communal parking areas shall be provided with an operational electric vehicle charge point at reasonably and practicably accessible locations. The Electric Vehicle Charge Points shall be rated to provide at least a 7kWh charge, retained thereafter and maintained in an operational condition.   

5        No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The applicant shall submit a detailed design based on the FRA/DS by Civil Engineering Practice (ref:- 23225 rev 1.1 and dated Nov 2019) and will demonstrate that surface water run-off generated by the development will be limited to 12l/s up to and including the critical 100yr + CC storm.

 6       No development shall take place on site until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to  and approved in writing by the Local Planning Authority.  The scheme of investigation shall include an assessment of significance and research questions; and: 

          a.       The programme and methodology of site investigation and                   recording.

          b.       The programme for post investigation assessment.

          c.       Provision to be made for analysis of the site investigation and     recording.

          d.       Provision to be made for publication and dissemination of the     analysis and records of the site investigation.

e.       Provision to be made for archive deposition of the analysis and records of the site investigation.

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

g.       Timetable for the site investigation to be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority.

7        No building shall be occupied or otherwise used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 6 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

8        Prior to commencement of development the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

          i)       A site investigation scheme,

          ii)       The results of a site investigation based on i) and a detailed                 risk assessment, including a revised Conceptual Site Model               (CSM),

          iii)      Based on the risk assessment in ii), a remediation strategy         giving full details of the remediation measures required and     how they are to be undertaken. The strategy shall include a    plan providing details of how the remediation works shall be           judged to be complete and arrangements for contingency actions.

9        No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works as set out in the remediation strategy is submitted to and approved, in writing by the Local Planning Authority.

10      If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

11      No above ground development shall take place until an Air Quality Assessment based on at least 6 months of on-site monitoring has been submitted to, and approved in writing by, the Local Planning Authority. The Air Quality Assessment will provide an assessment of the likely levels of nitrogen dioxide and particulate matter (PM10 & PM2.5) pollution at the facades of the proposed structure and provide mitigation measures where any Air Quality Objectives are modelled as being breached. Any mitigation measures shall be implemented as approved.

12      Prior to commencement of development an Arboricultural Method Statement (including any demolition, groundworks and site clearance) shall be submitted to and approved in writing by the Local Planning Authority. The Statement should include details of the following:

          i)       Measures for the protection of those trees and hedges on                     the application site that are to be retained,

          ii)       Details of all construction measures within the 'Root                  Protection Area' (defined by a radius of dbh x 12 where dbh   is the diameter of the trunk measured at a height of 1.5m       above ground level) of those trees on the application site which are to be retained specifying the position, depth, and    method of construction/installation/excavation of service         trenches, building foundations, hardstandings, roads and          footpaths,

          iii)      A schedule of proposed surgery works to be undertaken to         those trees and hedges on the application site which are to    be retained.

         

          The development shall be carried out in accordance with the approved Method Statement unless agreed in writing by the Local Planning Authority.

13      Prior to commencement of development  a scheme for the protection during construction of the trees on the site, in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations, shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these.  The protective measures contained with the scheme shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details, and shall be maintained and retained until the development is completed.  Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon.  If any trenches for services are required within the fenced areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25mm or more shall be left unsevered.

14      Prior to completion or first occupation of the development hereby approved, whichever is the sooner; full details of all proposed tree planting shall be submitted to and approved in writing by the Local Planning Authority. This will include planting and maintenance specifications, including cross-section drawings, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier and defect period. All tree planting shall be carried out in accordance with those details and at those times.

          Any trees that are found to be dead, dying, severely damaged or diseased within five years of the completion of the building works OR five years of the carrying out of the landscaping scheme (whichever is later), shall be replaced in the next planting season by specimens of similar size and species in the first suitable planting season.

15      No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the local planning authority.

16      Prior to commencement of development details of the proposed access (including the position of any gates to be erected and visibility splays provided) shall be submitted to and approved in writing by the Local Planning Authority. The approved access shall be laid out and constructed in its entirety prior to occupation of the development. Thereafter the access shall be retained thereafter in its approved form.

17      The gradient of the vehicular access shall not be steeper than 1 in 20 for the first five metres measured from the nearside edge of the adjacent metalled carriageway.

18      Prior to the development hereby permitted being first occupied, the proposed access onto Risbygate Street and any other access shall be properly surfaced with a bound material for a minimum distance of 10 metres from the edge of the metalled carriageway, in accordance with details previously submitted to and approved in writing by the local planning authority.

19      Before the development is commenced details of the areas to be provided for storage, presentation and collection of Refuse/Recycling bins shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter for no other purpose.

20      No development above ground shall take place until details have been submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway. The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.

21      No above ground development shall take place until details of the internal vehicular access/es and footpaths, (including widths, layout, levels, gradients, surfacing and means of surface water drainage), have been submitted to and approved in writing by the Local Planning Authority.

22      Condition: All HGV and Construction traffic movements to and from the site over the duration of the demolition and construction period shall be subject to a Construction Deliveries Management Plan which shall be submitted to the planning authority for approval a minimum of 28 days before any deliveries of materials commence.  No HGV movements shall be permitted to and from the site other than in accordance with the routes defined in the Plan.

          The Plan shall include, but not be limited to;

          -        Routing for HGV and delivery vehicles

-        Means to ensure water, mud and other debris cannot flow onto the highway

-        Means to ensure sufficient space on-site will be provided for the parking and manoeuvring of construction and delivery vehicles.

-        Means to ensure sufficient space is provided on-site for the storage of materials, equipment and other demolition and construction    facilities.

          The site operator shall maintain a register of complaints and record of actions taken to deal with such complaints at the site office as specified in the Plan throughout the period of occupation of the site.

23      No above ground development shall take place until details of the areas to be provided for the loading, unloading, manoeuvring and parking of vehicles including secure cycle storage, mobility scooter storage and charging, powered-two-wheeler parking and EVCP connectivity have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.

24      Prior to first occupation, details of the Part L compliance a BRUKL documentation shall be submitted to and approved in writing by the Local Planning Authority. Details shall include information on ventilation, lighting, heating and cooling and unregulated loads.  Any areas in which the proposed energy strategy might conflict with other requirements set out in the Development Plan should be identified and proposals for resolving this conflict outlined.

25      No development above ground level shall take place until details in respect of the following have been submitted to and approved in writing by the Local Planning Authority. 

          i)       Detailed drawings at a scale of not less than 1:5 showing the               window head and sill details and vertical cross-sections                          showing the projections and mouldings of the elevations and                    window recesses

          ii)       Samples of external materials and surface finishes, including      the render colours

          iii)      Specification for any works required to the existing brick and      flint boundary walls

         

          The works shall be carried out in full accordance with the approved details unless otherwise subsequently approved in writing by the Local Planning Authority.

26      Before any new services are installed or any existing services are relocated (in each case including communications and telecommunications services) details thereof (including any related fixtures, associated visible ducts or other means of concealment) shall be submitted to and approved in writing by the Local Planning Authority and the works shall be carried out in complete accordance with the approved specification.

27      No mechanical and electrical extract fans, ventilation grilles, security lights, alarms, cameras, and external plumbing, including soil and vent pipe shall be provided on the exterior of the building until details of their location, size, colour and finish have been submitted to and approved in writing by the Local Planning Authority.

28      No development above ground level shall take place until details of the following have been submitted to and approved in writing by the Local Planning Authority: 

i)       Sample panel(s) of all new facing brickwork/ flintwork shall be constructed on site showing the proposed brick types, colours, textures, finishes/dressings of the flint; face bond; and pointing mortar mix and finish profile and shall be made available for inspection by the Local Planning Authority

ii)       The materials and methods demonstrated in the sample panel(s) shall be approved in writing by the Local Planning Authority.

iii)      The approved sample panel(s) shall be retained on site until the work is completed and all brickwork shall be constructed in all respects in accordance with the approved details.

29      No works involving the installation of windows shall take place until elevation(s) to a scale of not less than 1:10 and horizontal and vertical cross-section drawings to a scale of 1:2 fully detailing the windows to be used (including details of glazing bars and methods of opening and glazing) have been submitted to and approved in writing by the Local Planning Authority. Unless otherwise approved in writing by the Local Planning Authority all glazing shall be face puttied. The works shall be carried out in complete accordance with the approved details.

30      No works involving the installation of external doors shall take place until elevation(s) to a scale of not less than 1:10 and horizontal and vertical cross-section drawings to a scale of 1:2 fully detailing the doors and surrounds to be used (including details of panels and glazing where relevant) have been submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out in complete accordance with the approved details.

31      No development above ground level shall take place until details of the treatment of the boundaries of the site have been submitted to and approved in writing by the Local Planning Authority. The details shall specify the siting, design, height and materials of the screen walls/fences to be constructed or erected and/or the species, spacing and height of hedging to be retained and / or planted together with a programme of implementation. Any planting removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by soft landscaping of similar size and species to those originally required to be planted.  The works shall be completed prior to first use/occupation in accordance with the approved details.

32      No works involving the installation of the proposed substation shall be carried out until details of the external appearance of the substation have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details. 

33      No development above ground level shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200 has been submitted to and approved in writing by the Local Planning Authority. The soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant sizes and proposed numbers/ densities. The approved scheme of soft landscaping works shall be implemented not later than the first planting season following commencement of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation. 

34      No development above ground level shall take place until details of a hard landscaping scheme for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels and contours showing earthworks and mounding; surfacing materials; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulations areas; hard surfacing materials; minor artefacts and structures (for example furniture, play equipment, refuse and/or other storage units, signs, lighting and similar features); proposed and existing functional services above and below ground (for example drainage, power, communications cables and pipelines, indicating lines, manholes, supports and other technical features); retained historic landscape features and proposals for restoration where relevant. The scheme shall be implemented prior to the occupation of any part of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority).

35      The dwelling(s) hereby approved shall not be occupied until the optional requirement for water consumption (110 litres use per person per day) in part G of the Building Regulations has been complied with and evidence of compliance has been obtained.

36      Prior to occupation details of biodiversity enhancement and mitigation measures to be installed at the site, including details of the timescale for installation, shall be submitted to and approved in writing by the Local Planning Authority. The measures shall be based on the Ecological Design Principles and Enhancement Opportunities set out in the Preliminary Ecological Appraisal and Preliminary Bat Roost Assessment dated August 2019 prepared by Tyler Grange Ltd.   Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed. There shall be no occupation unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority.

37      The development hereby permitted shall not be carried out except in complete accordance with the details shown on the following approved plans and documents.

         

38      Each of the apartments hereby permitted shall be occupied only by:

          - Persons aged 60 or over; or

          - A spouse/or partner (who is themselves over 55 years old) living       as part of a single household with such a person or persons; or

          - Persons who were living in one of the apartments as part of a single household with a person or persons aged 60 or over who has since died; or

          - Any other individual expressly agreed in writing by the Local    Planning Authority.

39      The east facing circulation corridor window adjacent to Unit 42 as shown on Drawing No. 40034BS/PL04 Rev C shall be fitted with obscure glass to Pilkington glass level 4 privacy or an equivalent standard and shall be retained in such form in perpetuity.

40      The glazing to be installed in the development hereby approved shall be strictly in accordance with the Overheating Risk Assessment dated November 2019 prepared by Inkling LLP and the Stage 1 Risk Assessment and Stage 2 Acoustic Design Statement dated July 2019 prepared by Clarke Saunders Associates.

41      Prior to commencement of development details of the implementation, maintenance and management of the strategy for the disposal of surface water on the site shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.

 

(At this point at 11.25 am, Part A of the agenda was concluded. The Chair adjourned the meeting until 1pm, which was the earliest start time that had been published for commencing Part B of the agenda.)