Agenda item

Report No: DEV/WS/20/025

Planning Application - Variation of conditions 2 and 11 of DC/19/1817/FUL to allow use of amended plans and amendment to landscaping implementation for (i) 3no. dwellings and associated garages (ii) pedestrian link to public footpath (iii) alterations to existing access

Planning Application - Variation of conditions 2 and 11 of DC/19/1817/FUL to allow use of amended plans and amendment to landscaping implementation for (i) 3no. dwellings and associated garages (ii) pedestrian link to public footpath (iii) alterations to existing access

This application was originally referred to the Development Control Committee on 8 January 2020 as the application was contrary to the Development Plan and was recommended for approval, subject to conditions.

A Member site visit was held prior to the January meeting; at which the Committee determined to grant the application.

This application before the Committee sought to vary conditions 2 (approved plans) and 11 (soft landscaping) of DC/19/1817/FUL; with the principle of development having already been established.

In response to a question, the Senior Planning Officer explained that legal advice was sought with the Council’s Legal Team who advised that the application should be determined by the Development Control Committee, as the previous application represented a departure from the Development Plan. This Section 73 application would, in effect, grant a new permission and also represented a departure from the Development Plan.

As part of her presentation the Officer outlined further detailed wording for Condition 11.

Speaker:      Michael Hendry (agent) spoke in support of the application

Councillor John Burns proposed that the application be approved, as per the Officer recommendation, and this was duly seconded by Councillor David Roach.

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

Decision

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

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

3        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.

4        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.

5        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.

6        Prior to first occupation, all dwellings with off street parking shall be provided with an operational electric vehicle charge point at reasonably and practicably accessible locations, with an electric supply to the charge point capable of providing a 7kW charge. 

7        Demolition or construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:30 hours on Saturdays and at no time on Sundays, public holidays or bank holidays.

8        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.

9        The strategy for the disposal of surface water (dated 28 August 2019, ref: 2020/2019 Rev C by EAS ) and the Flood Risk Assessment (FRA) (dated 28 August 2019, ref: 2020/2019 Rev C by EAS) shall be implemented as approved in writing by the Local Planning Authority. The strategy shall thereafter be managed and maintained in accordance with the approved strategy.

10      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.

11      All planting comprised in the approved details of landscaping shall be carried out in the planting season prior to first occupation of any dwelling (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.

12      Prior to occupation details of biodiversity enhancement 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. 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.

13      No development above slab level shall take place until samples/details of the facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

14      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.

15      The new vehicular access shall be laid out and completed in all respects in accordance with Drawing No 18033-08 Rev B and made available for use prior to occupation. It shall be retained thereafter in its approved form.

16      Prior to first use of the development hereby permitted, the existing access onto the site shall be properly surfaced with a bound impervious 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.

17      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.

18      Before the access is first used clear visibility at a height of 0.6 metres above the carriageway level shall be provided and thereafter permanently maintained in that area between the nearside edge of the metalled carriageway and a line 2.4 metres from the nearside edge of the metalled carriageway at the centre line of the access point and a distance of 120metres to the northwest and 43metres to the southeast metres in each direction along the edge of the metalled carriageway from the centre of the access. Notwithstanding the provisions of Part 2, Class A of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the area of the visibility splays.

19      Prior to first use of the development hereby permitted, the area(s) within the site shown on drawing No. 18033-08 Rev B for the purpose of loading, unloading, manoeuvring and parking of vehicles shall be provided.  Thereafter the area(s) shall be retained and used for no other purpose.

(For clarification, Councillor Andy Drummond lost connection to the meeting during the vote on this item hence the application was only determined by the remaining 15 Members of the Committee.)