Agenda item

Report No: DEV/WS/20/049

 

Planning Application - (i) 9no. dwellings (ii) vehicular access (following demolition of existing agricultural buildings)

Planning Application - (i) 9no. dwellings (ii) vehicular access (following demolition of existing agricultural buildings)

 

This application was referred to the Development Control Committee because it represented a departure from the development plan due the proposal being beyond the settlement boundary.

 

The Senior Planning Officer drew Members’ attention to the fact that the site already benefitted from planning permission granted at appeal, following refusal by the Local Planning Authority in 2016.

 

The Committee was advised that the permission granted by the Inspector had not expired and it was therefore to be taken as a material consideration within the determination of the planning application before them.

 

The Parish Council offered support to the application, which Officers were recommending for approval subject to the conditions set out in Paragraph 101 of Report No DEV/WS/20/049.

 

As part of his presentation the Officer took Members through videos of the site by way of a virtual ‘site visit’.

 

Councillor Don Waldron addressed the meeting as Ward Member (The Rows) for the application and stressed that he would not wish for any further development to take place in that area of Beck Row beyond the application site and thus yet further from the settlement boundary.

 

During the debate Members posed questions in relation to the relevant policies concerned in the determination of the application; together with highways/access matters.  All of which the Officer responded to.

 

Lastly, some comments were made with regard to the objections raised in the third party representations concerning construction.  In response to which the Service Manager (Planning – Development) reminded Members that this was a material consideration.

 

It was proposed by Councillor Mike Chester that the application be granted, as per the Officer recommendation.  This was duly seconded by Councillor Ian Houlder.

 

Upon being put to the vote and with 14 voting for the motion and 1 against, it was resolved that

 

Decision

 

Planning permission be GRANTED subject to the following conditions:

 

1        The development hereby permitted shall be begun not later than three 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        No development above slab level shall take place until samples of all external facing materials to be used on plots 1,2,3,4,5,6,7,8 and 9 as approved by this permission 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.

4        The site preparation and construction works, including road works, shall only be carried out between the hours of:

         

          08:00 to 18:00 Mondays to Fridays

          08:00 - 13.30 Saturdays

          And at no times during Sundays or Bank Holidays without the prior written consent of the Local Planning Authority.

5        Prior to the occupation of any unit/dwelling approved by this planning permission, all of the noise protection and mitigation works relevant to the application site which are detailed in the noise report dB/Stock Corner/10125/ML/001; shall be completed in their entirety in accordance with the approved details.

          The acoustic insulation of the dwelling units within the proposed development shall be such to ensure noise levels with windows closed do not exceed an LAeq (16hrs) of 35 dB (A) within bedrooms and living rooms between the hours of 07:00 to 23:00 and an LAeq (8hrs) of 30dB (A) within bedrooms and living rooms between the hours of 23:00 to 07:00.

6        No development above ground level shall be commenced until details of the proposed access have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include:    

          The approved access shall be laid out and constructed in its entirety prior to any other part of the development taking place. Thereafter the access shall be retained in its approved form.

7        No development above ground level shall take place until the areas to be provided for storage and presentation of Refuse/Recycling bins and refuse collection strategy 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.

8        Before the development is commenced details shall be 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.

9        No dwelling shall be occupied until the carriageways and footways serving that dwelling have been constructed to at least Binder course level or better in accordance with the approved details except with the written agreement of the Local Planning Authority.

10      All HGV and construction traffic movements to and from the site over the duration of the 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. The Plan shall include:

          Routes to and from the site for all construction traffic

          Means to ensure sufficient off-road space is provided for the parking and turning of delivery and other associated construction vehicles

          Means to ensure sufficient space is allocated on-site for the storage of materials and equipment and siting of welfare and office units.

          Means to ensure no mud, water or other debris will flow onto the highway

          No HGV movements shall be permitted to and from the site other than in accordance with the routes defined in the Plan.

          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.

11      The dwellings hereby approved shall not be occupied until the area(s) within the site shown on drawing 2158/SK4N for the purposes of loading, unloading, manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.

12      No dwellings hereby approved by this planning permission shall be occupied until details of the areas to be provided for the secure and covered storage of cycles 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 and used for no other purpose.

13      No development above ground level shall take place until details have been submitted to and approved in writing by the Local Planning Authority showing the provision of a suitable footway with appropriate bus stops to connect the development to the existing footway south of Louis Drive. The approved footpath and bus stops shall be carried out and installed in their entirety before the first occupation of any dwelling.

14      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 (X dimension) and a distance of 90 metres in each direction along the edge of the metalled carriageway from the centre of the access (Y dimension). Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.

15      Prior to first occupation, all each of the nine dwellings hereby approved 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.

16      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.

17      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.

18      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.

19      The dwellings 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.

20      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 scheme shall include accurate indications of the position, species, girth, canopy spread and height of all existing trees and hedgerows on and adjacent to the site and details of any to be retained, together with measures for their protection during the course of development. Any retained trees removed, dying or becoming seriously damaged or diseasd within five years of commencement 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. The works shall be completed in accordance with the approved plans and in accordance with a timetable to be agreed with the Local Planning Authority.

21      Notwithstanding the provisions of Schedule 2 Part 1 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order amending, revoking or re-enacting that Order), the dwellings hereby approved shall not be extended or altered in any way without the prior written agreement of the Local Planning Authority.

22      The development hereby approved shall be carried out in full accordance with the mitigation recommendations set out within chapter 8 of the submitted protected species survey (authored by Chris Vine BSc (Hons), MCIEEM, MRSB and dated August 2019) and chapter 8 of the submitted bat survey (authored by Chris Vine BSc (Hons), MCIEEM, MRSB and dated August 2019)

23      The development hereby permitted shall be carried out in accordance with mitigation measures in the Bat Activity Survey Report dated 25 October 2016. The demolition of the Large Barn, Piggery and Tool Shed or any works likely to cause disturbance to the identified bat roosts shall not commence unless the Local Planning Authority has been provided with either:

          a) a licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead; or

          b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.

24      No development shall commence until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall include details of the following:

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

          b) 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. The details shall specify the position, depth, and method of construction/installation/excavation of service trenches, building foundations, hardstandings, roads and footpaths,

          c) 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 the prior written consent of the Local Planning Authority is obtained for any variation.

25      Prior to the dwellings hereby approved being occupied, 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.

26      No development shall take place within the area indicated [the whole 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. The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority

27      No building shall be occupied until the site investigation and post investigation assessment has been completed, submitted to and approved in writing by the Local Planning Authority, in accordance with the programme set out in the Written Scheme of Investigation approved under Condition [1] and the provision made for analysis, publication and dissemination of results and archive deposition.

28      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.