Agenda item

Report No: DEV/WS/23/034

 

Planning application - 10 dwellings with associated access and garages (following demolition of existing dwellings) as amended by plans received 28 April 2023

(Councillor Mike Chester declared, in the interests of openness and transparency, that he had been briefly acquainted with the applicant for this item, some years ago during his former career. However, this would have no bearing on his consideration of the application.)

 

Planning application - 10 dwellings with associated access and garages (following demolition of existing dwellings) as amended by plans received 28 April 2023

 

The application was referred to the Development Control Committee as it represented a departure from the Development Plan, as part of the site was situated within designated countryside.

 

West Row Parish Council had not objected to the proposal. Officers were recommending that it be approved, subject to conditions as set out in Paragraph 90 of Report No DEV/WS/23/034.

 

Councillor Don Waldron opened the debate as one of the Ward Members (The Rows) for the application. He advised the meeting that the access for the proposal was on a bend and that there were often instances of flooding in that area of the village.

 

In response to queries from Members in respect of the lack of affordable housing in the scheme, the Service Manager (Planning – Development) explained that whilst the application was for 10 dwellings, because there was already 3 properties on the site, which were to be demolished, the scheme only added a net total of 7 properties; therefore meaning this did not trigger the requirement for affordable housing to be provided.

 

Councillor Sara Mildmay-White voiced disappointment that three bungalows were to be demolished and none of the new properties proposed to be built were single-storey.

 

Councillor Diane Hind asked specific questions in relation to boundary treatment and the Planning Officer suggested that an additional condition was added to request these details.

 

Councillor Mike Chester proposed that the application be approved, as per the Officer recommendation and inclusive of the additional condition regarding boundary treatment. This was duly seconded by Councillor Sara Mildmay-White.

 

Upon being put to the vote and with 13 voting for the motion, 2 against and with 1 abstention 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, unless otherwise stated.

 3       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.

 4       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.

 5       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).

 6       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 diseased 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.

 7       All planting comprised in the approved details of landscaping shall be carried out in the first planting season following the 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.

 8       During construction of the development hereby permitted, any trees within or near to the site shall be protected in accordance with the requirements of BS 5837 (2012) 'Trees in Relation to Design, Demolition and Construction'. The protection measures shall be implemented prior to any below ground works and shall be retained for the entire period of the duration of any work at the site, in connection with the development

          hereby permitted.

 9       The building envelope, glazing and ventilation of the dwellings hereby permitted shall be constructed so as to provide appropriate sound attenuation against noise. The acoustic insulation of the dwellings shall be such to ensure noise does not exceed an LAeq (16hrs) of 35dB (A) within bedrooms and living rooms between 07:00 and 23:00hrs and an LAeq (8hrs) of 30dB(A) within bedrooms and living rooms between 23:00 and 07:00hrs. The noise levels specified in this condition shall be achieved with the windows closed and other means of ventilation provided as necessary ranging from background to rapid / purge ventilation to prevent overheating in accordance with the Acoustics & Noise Consultants (ANC) and Institute of Acoustics (IoA) 'Acoustics Ventilation and Overheating Residential Design Guide', (AVO Guide), January 2020.

 10     Prior to commencement of the development hereby approved, including any site preparation or 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 the demolition and construction phases 

          vii)     A scheme for recycling/disposing of waste resulting from demolition and construction works

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

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

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

11      Any site preparation, demolition, construction works and ancillary activities, including access road works and deliveries to / collections from the site in connection with the development shall only be carried out between the hours of:

          08:00 to 18:00 Mondays to Fridays

          08:00 to 13.00 Saturdays

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

12      Any external artificial lighting at the development hereby approved shall not exceed lux levels of vertical illumination at neighbouring premises that are recommended by the Institution of Lighting Professionals (ILP) Guidance Note 9/19 'Domestic exterior lighting: getting it right!'.  Lighting should be minimised, and glare and sky glow should be prevented by correctly using, locating, aiming and shielding luminaires, in accordance with the Guidance Note.

13      Prior to the construction above damp proof course, a scheme for on-site foul water drainage works, including connection point and discharge rate, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any phase, the foul water drainage works relating to that phase must have been carried out in complete accordance with the approved scheme.

14      Before the access is first used, vehicular visibility splays shall be provided as shown on Drawing No. 01/01 Rev. April 2023 with an X dimension of 2.4 metres and a Y dimension of 48 metres to the nearside edge of the carriageway and thereafter retained in the specified form. Notwithstanding

          the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.

15      No other part of the development hereby permitted shall be commenced until the new vehicular access has been laid out and completed in all respects in accordance with Drawing No. 01/01 Rev. April 2023; with an entrance width of 5.5 metres for a junction-type access. Thereafter, it shall be retained in its approved form. Prior to the new access being brought into use, all other means of vehicular access into the site from Friday Street shall be effectively stopped up and closed in complete accordance with a scheme which shall have been submitted to and approved in writing by the local planning authority.

16      The use shall not commence until the infrastructure within the site shown on Drawing No. 01/01 Rev. April 2023 for the purposes of preventing surface water falling onto the highway and it being discharged appropriately within the site has been provided and thereafter the infrastructure shall be retained, maintained, and used for no other purposes.

17      Before the development is commenced, details of a new footway within the site off Friday Street as indicatively shown on Drawing No. 01/01 Rev. April 2023 shall be submitted to and approved in writing by the Local Planning Authority. The footway shall be laid out and constructed to base course before the development is first occupied and fully completed prior to the occupation of the fifth dwelling hereby approved in accordance with the approved scheme. The footway shall be retained thereafter in its approved form.

18      The use shall not commence until the area(s) within the site shown on Drawing No's. 01/01 Rev. April 2023 and 01/06 Rev. April 2023 for the purposes of manoeuvring and parking of vehicles including electric vehicle charging infrastructure has been provided and thereafter that area(s) shall be retained and used for no other purposes.

19      The use shall not commence until the area(s) within the site shown on Drawing No. 01/01 Rev. April 2023 for the purposes of secure cycle storage has been provided and thereafter the area(s) shall be retained, maintained, and used for no other purposes.

20      The areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins as shown on Drawing No. 01/01 Rev. April 2023 shall be provided in their entirety before the development is brought into use and shall be retained thereafter for no other purpose.

21      Before the development hereby permitted is commenced, a Construction Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. Construction of the development shall not be carried out other than in accordance with the approved plan.

          The Construction Management Plan shall include the following matters:

          a) Parking and turning for vehicles of site personnel, operatives and visitors;

          b) Loading and unloading of plant and materials;

          c) Piling techniques (if applicable);

          d) Storage of plant and materials;

          e) Provision and use of wheel washing facilities;

          f) Programme of site and all associated works such as utilities including details of traffic management  necessary to undertake these works;

          g) Site working and delivery times;

          h) A communications plan to inform local residents of the program of works;

          i) Provision of boundary hoarding and lighting;

          j) Details of proposed means of dust suppression;

          k) Details of measures to prevent mud from vehicles leaving the site during construction;

          l) Haul routes for construction traffic on the highway network;

          m) Monitoring and review mechanisms and;

          n) Details of deliveries times to the site during construction phase.

          Reason: To ensure the satisfactory development of the site and to protect

22      No part of the development shall be commenced until a photographic condition survey of the highway fronting and near to the site has been submitted to and approved in writing by the Local Planning Authority.

23      The strategy for the disposal of surface water (dated 30th May 2023, ref: 3036 FRA & DS REV A) and the Flood Risk Assessment (FRA) (dated 30th May 2023, ref:3036 FRA & DS REV A) shall be implemented as approved in writing by the local planning authority (LPA). The strategy shall thereafter be managed and maintained in accordance with the approved strategy.

24      Within 28 days of practical completion of the last dwelling or unit, surface water drainage verification report shall be submitted to the Local Planning Authority, detailing and verifying that the surface water drainage system has been inspected and has been built and functions in accordance with the approved designs and drawings. The report shall include details of all SuDS components and piped networks in an agreed form, for inclusion on the Lead Local Flood Authority's Flood Risk Asset Register.

25      No development shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the LPA. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP shall include:

          Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to

          include:-

           i. Temporary drainage systems

           ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses.

           iii. Measures for managing any on or offsite flood risk associated with construction.

26      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:

          a. A site investigation scheme,

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

          c. 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.

27      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.

28      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.

29      All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Assessment (DWA Ecology, September 2022) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

30      Prior to the commencement of development, any works which will impact the breeding / resting place of bats, shall not in any circumstances commence unless the local planning authority has been provided with either:

          a) a licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorizing the specified activity/development to go ahead; or

          b) evidence of site registration supplied by an individual registered to use a Bat Mitigation Class Licence; or

          c) a statement in writing from the Natural England to the effect that it does not consider that the specified activity/development will require a licence.

31      Prior to any works above slab level, A Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:

          a) Purpose and conservation objectives for the proposed enhancement measures;

          b) detailed designs to achieve stated objectives;

          c) locations of proposed enhancement measures by appropriate maps and plans;

          d) persons responsible for implementing the enhancement measures;

          e) details of initial aftercare and long-term maintenance (where relevant).

          The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.

32      Prior to first occupation, A lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (e.g. through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

          All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

33      The dwelling(s) hereby approved shall not be occupied until the 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.

34      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any order amending, revoking or re-enacting that Order), no windows, dormer windows, roof lights or openings of any other kind, other than those expressly authorised by this permission shall be constructed at first floor level or above in the southern elevations of plots 6,7,8 & 10 elevation(s) and western elevation of Plot 1.

35      No development above ground level shall take place until a scheme for the provision and implementation of water, energy and resource efficiency measures during the construction and occupational phases of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed in accordance with the approved details and the measures provided and made available for use in accordance with the approved timetable.

 36     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.