Agenda item

Planning Applications

Meeting of Planning Committee, Thursday, 13th June, 2019 6.30 pm (Item 49.)

The report of the Executive Manager - Communities.

Minutes:

The Committee considered the written report of the Executive Manager - Communities relating to the following applications, which had been circulated previously.

18/02688/REM – Development of 103 dwelling (Use Class C3), reserved sites for health centre(USE Class D1) and associated infrastructure, including highway and pedestrian access, open space, structural landscaping and SUDS fetures (application for approval of matters reserved under outline application ref 13/02329/OUT) – Shelford Road Farm, Shelford Road, Radcliffe On Trent, Nottinghamshire.

Councillor A Brennan had declared an interest in this item and withdrew from the meeting at this point.

Updates

A representation from the applicant providing additional information was received after the agenda was published and was circulated to the committee before the meeting.

In accordance with the Council’s Public Speaking Protocol Councillor A Mcloud (Parish Councillor) and Ward Councillor R Upton addressed the committee.

Comments

Members of the committee welcomed the good mix of housing including bungalows and were also pleased to see that affordable housing is appropriately distributed throughout the site.

DECISION

GRANT PLANNING PERMISSION FOR THE FOLLOWING REASONS SET OUT IN THE REPORT SUBJECT TO THE FOLLOWING CONDITIONS.

1. The development hereby approved shall be undertaken in accordance with the following approved plans:

4-090-001-P02 Proposed Site Layout v

14-090-001-P03 Proposed Materials Plan P

14-090-001-P04 Proposed Boundary Plan x

14-090-001-P05 Proposed Hard Landscaping Plan L

14-090-001-P06 Design Principles

Landscape Layout 10.18/01 Rev K

Planting Plan 1 (North) 10.18/02 Rev I

Planting Plan 2 (South) 10.18/03 rev G

Planting Plan 3 (West) 10.198.04 rev G

House Types and boundary details as set out on the final drawing document issue sheet dated 30thMay 2019

STND/001/036 Unit Substation Foundation for Brick Housing

STND/001/037 Typical Brick Housing

SRRT-BSP-ZZ-XX-DR-C-166 Rev. P02 Foulwater Pumping Station Fence and Gate Detail

[To ensure an acceptable development in accordance with the aims of Policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 14 and 15 of the Radcliffe on Trent Neighbourhood Plan].

2. Prior to the dwellings first being occupied the first floor windows in the rear elevation of House type DD plot no. 159 and 154 and House Type BT on Plot 160 shall be permanently obscured glazed (to level 5 of privacy or equivalent) and shall be fixed shut and retained as such thereafter.

[To protect the amenity of existing and future neighbouring properties and to ensure an acceptable development in accordance with the aims of Policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 14 and 15 of the Radcliffe on Trent Neighbourhood Plan].

3. The approved boundary treatments as set out on 14-090-001-P04 Proposed Boundary Plan W and the instant hedgerows approved under Planting Plan 1 (North) 10.18/02 Rev I and Planting Plan 3 (West) 10.198.04 rev G shall be erected / planted prior to the occupation of the plots that they serve. They shall thereafter be retained for such purposes.

[To ensure an acceptable development in accordance with the aims of Policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 14 and 15 of the Radcliffe on Trent Neighbourhood Plan].

Councillor A Brannan re-joined the meeting.

19/00678/OUT – Demolition of existing buildings, residential development with associated infrastructure and access points from Abbey Road and Buckfast Way (outline with all matters reserved except access) – Rushcliffe Borough Council Central Works Depot, Abbey Road, West Bridgford, Nottinghamshire

Councillor P Gowland as the Ward Councillor for this application stepped down from her seat and was not permitted to vote.

Updates

A representation from Jason Mordan, Senior Practitioner, Historic Buildings NCC (Objector), was received after the agenda was published and was circulated to the committee before the meeting.

In accordance with the adopted procedures, Councillor P Gowland as ward Councillor for this application stepped down from the committee and was not entitled to vote.

Comments

Members of the committee supported the outline application and the development of the site in principle. However, Members were concerned about access to the site and whether this would add additional pressure to Abbey Road. In addition Members were concerned about the relocation of the public right of way that runs through the site adding that this is a regular cut through for pedestrians. Members of the committee were also concerned about the loss of the Pump House, suggesting whether it could be embedded into the development. The Planning Officer advised members that the Pumping Station had been subject to unsympathetic alterations over the years and all original internal features had been removed, adding that the Conservation Officer did not consider that the building met the requirements for statutory listing. The Committee were advised that the application sought outline planning permission with only access to be considered and all other matters, including internal layout, reserved for subsequent approval.

DECISION

GRANT PLANNING PERMISSION FOR THE FOLLOWING REASONS SET OUT IN THE REPORT SUBJECT TO THE FOLLOWING CONDITIONS:

Application for approval of reserved matters must be made within three years from the date of this permission and the development shall begin not later than two years from the date of approval of the last of the reserved matters to be approved.

[To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004 and to ensure appropriate early delivery of the development.]

2. Approval of the following details (hereinafter called “reserved matters”) shall be obtained from the local planning authority in writing before any development is commenced:

a) The layout of the development including internal access, parking and manoeuvring arrangements, plot boundaries and the position of all buildings, structures and open space including bin and waste storage provision

b) The scale of each building proposed in relation to its surroundings

c) The appearance of all buildings and structures of the development as well as sections and cross sections of the site including roads and footpaths.

d) The landscaping of the site including the treatment of public and private spaces through hard and soft measures.

[To ensure the development will be satisfactory and in the interests of visual amenity and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan].

3. The details submitted for approval of reserved matters in relation to the hard and soft landscaping of the site shall include the following:

a) the treatment proposed for all ground surfaces, including hard areas;

b) full details of tree planting;

c) planting schedules, noting the species, sizes, numbers and densities of plants. Including measures to provide habitat enhancements including: the use of native fruiting species within landscaping, the retention and gapping up of hedgerows, creation of new hedgerows, retention of mature trees, and the use of bat and bird boxes / tubes).

d) finished levels or contours;

e) all existing trees, hedges and other landscape features, indicating clearly those to be removed;

f) details of all boundary treatments including height, design, location, materials and finish;

g) details of the means of protection of existing hedgerows and trees whilst construction works are being undertaken;

h) details of how the landscaping scheme will be phased; and

i) a landscape management plan and schedule of maintenance.

[To make sure that a satisfactory landscaping scheme for the development is agreed in the interests of the appearance of the area and to comply with policy EN13 (Landscaping Schemes) of the Rushcliffe Borough Non Statutory Replacement Local Plan].

4. The development shall be carried out in accordance with the submitted application details as follows: - Existing Site Plan Drawing Number 01 Rev C and the site access arrangements hereby approved shall be carried out in broad accordance with the Proposed site Access Arrangements 18-00250-002 Rev (contained within Appendix B of the BSP Consulting Transport Assessment dated March 2019) and these access arrangements shall be fully completed prior to the occupation of any of the dwellings hereby approved.

[To define the permission and to ensure the development is served by a safe means of access so as not to cause harm to highway safety in accordance with Paragraph 108 of the National Planning Policy Framework 2019]

5. The development shall only be carried out in accordance with details of finished ground and floor levels in relation to an existing datum point, existing site levels and adjoining land which shall be submitted to and approved in writing by the Borough Council before the development commences and the development shall only be undertaken in accordance with the details so approved.

[To ensure a satisfactory development in the interests of amenity and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan]

6. The development shall be carried out in accordance with the submitted flood risk assessment (ref: 18-0250/FRA/Rev B, dated May 2019) and in particular the following mitigation measure detailed within:

Finished floor levels shall be set no lower than 24.47m above Ordnance Datum (AOD).

These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

[To ensure protection against flooding and to comply with policy WET2 (Flooding) of the Rushcliffe Borough Non-Statutory Replacement Local Plan]

7. Before implementing each phase of development approved by this planning permission no development shall commence until such time as a remediation strategy that includes 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:

1. A preliminary risk assessment which has identified:

all previous uses

potential contaminants associated with those uses

a conceptual model of the site indicating sources, pathways and receptors

potentially unacceptable risks arising from contamination at the site.

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4. a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

[To ensure that the development does not contribute to, is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 170 of the National Planning Policy Framework and to make sure that the site, when developed is free from contamination, in the interests of public health and safety and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan]

8. No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

9. 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 a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.

10. No development shall commence until a scheme for surface water disposal has been submitted to, and approved in writing by, the local planning authority. Infiltration systems shall only be used where it can be demonstrated that they will not pose a risk to groundwater quality. The development shall be carried out in accordance with the approved details.

11. No development shall take place until the details of a Construction Method Statement is submitted and approved in writing by the Local Planning Authority. The Statement shall provide for:

i. Access and 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

iv. Wheel washing facilities

v. Measures to control the emission of noise, dust, dirt and vibration during construction

vi. A scheme for recycling/disposing of waste resulting from construction works

vii. Hours of operation (including demolition, construction and deliveries)

viii. A scheme to treat and remove suspended solids from surface water run-off during construction.

ix. An earthworks strategy to provide for the management and protection of soils.

x. The siting and appearance of contractors compounds including heights of stored materials, boundaries and lighting together with measures for the restoration of the disturbed land and noise mitigation

xi. Scheme for temporary signage and other traffic management measures, including routing and access arrangements. The agreed access shall be provided before development commences.

The development shall be carried out in full accordance with the approved Construction Method Statement throughout the construction period of the development.

[In order to minimise the amount of mud, soil and other materials originating from the site being deposited on the highway; to prevent inadequate parking, turning and manoeuvring for vehicles; inadequate materials storage and to ensure adequate recycling of materials in the interests of highway safety, visual amenity and environmental management. This is a pre commencement condition to ensure that the amenity of existing occupiers are protected during construction and to ensure regard is had to the existing on-site wildlife in accordance with Policy 10 of 17 of the adopted Core Strategy and the National Planning Policy Framework.]

12. During any ground works, demolition or construction of the development hereby approved, there shall be no burning of waste on the site.

[To protect the amenities of neighbouring residential properties and to comply with policies GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan].

13. The existing soils and any soil or forming materials brought to site for use in garden areas, soft landscaping, filling and level raising shall be tested for contamination and suitability for use on site. Contamination testing should take place within UKAS and MCERTS accredited laboratories, certificates shall be submitted to and approved in writing by the Local Planning Authority prior to any soil or soil forming material being imported onto the site. Details of the source and type of the imported materials and the estimated amount to be used on the site are also required to be submitted. Only the approved materials shall be used.

[To make sure that the site, when developed is free from contamination, in the interests of public health and safety and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan

14. No development shall commence until a detailed foul water drainage scheme has been submitted and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the works have been carried out in accordance with the approved scheme.

[To ensure that adequate drainage facilities are provided in connection with the development as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution and to comply with policy WET3 (Ground Water Resources) of the Rushcliffe Borough Non Statutory Replacement Local Plan].

15. No development shall take place until an Employment and Skills Strategy for the construction phase of the approved development has been submitted to and approved in writing by the Borough Council. This strategy will be based on the relevant CITB framework and will provide opportunities for people in the locality to include employment, apprenticeships and training, and curriculum support in schools and colleges. The strategy will be implemented by the developer throughout the duration of the construction in accordance with the approved details and in partnership with relevant stakeholders.

[In order to promote local employment opportunities in accordance with Policies 1 and 5 of the Rushcliffe Local Plan Part 1: Core Strategy. This is a pre-commencement condition because recruitment and employment takes place prior to commencement.]

16. Prior to first occupation of any dwellings hereby approved, a bat-sensitive lighting scheme should be submitted and approved in writing by the local planning authority. The lighting scheme should be in accordance with Conservation Trust (2018) "Bats and artificial lighting in the UK. The scheme shall include details of lux plots of the estimated luminance . The scheme shall be designed to minimise skyglow. The lighting scheme shall be implemented in accordance with the approved details and maintained thereafter.

[To protect the amenities of the area and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan, Core Strategy Policy 17 and the National Planning Policy Framework]

17. In the event that the planning permission is not implemented within 1 year of the date of the planning permission being granted a further protected species shall be carried out and submitted to and approved by the Local Planning Authority in writing prior to the commencement of development. Any mitigation measures recommended by the survey shall be implemented in accordance with approved details and in line with other conditions.

[To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with paragraphs 174-175 of the NPPF and Policy 17 of the Local Plan Part 1: Rushcliffe Core Strategy of biodiversity within the site and for the wider area in accordance with paragraphs 174-175 of the NPPF and Policy 17 of the Local Plan Part 1: Rushcliffe Core Strategy. This is a pre-commencement condition due to the need to ensure adequate mitigation is in place before any intrusive site works take place]

18. No development shall take place until a Landscape & Ecology Management Plan (LEMP) is submitted to and approved in writing by the local planning authority. The LEMP shall include:

- Details of habitat creations and enhancement.

- Bird and bat boxes shall be integrated into the building fabric (the former targeting house sparrow, starling and swift) into the fabric of a proportion (circa 20%) of the proposed dwellings/their garages.

- Vegetation clearance shall not occur during the bird nesting season, which runs from March to September inclusive.

- The plan will detail the formal management agreement, aftercare and monitoring of the retained and newly created habitats on the site and their ongoing maintenance.

The development shall be undertaken in accordance with the approved LEMP.

19. Prior to the occupation of each dwelling approved by this planning permission each dwelling shall be provided with ducting to enable the connection to high speed fibre optic Broadband.

[To assist in reducing travel demand by enabling working from home initiatives in accordance with the aims of Policy 24 of the Rushcliffe Local Part 1 - Core Strategy].

20. No demolition of the existing subterranean ‘bunker’ rooms or the above ground former water pumping station shall take place until the applicant or their agents or their successors in title has secured the implementation of a programme of building recording addressing all of the requirements of a Level 2 record and some select components of a Level 3 record in accordance with a written scheme which has been submitted by the applicant and approved in writing by the local planning authority. The onsite recording works shall be fully completed to allow the production of a final building record prior to demolition commencing, the record shall then be submitted to the local planning authority prior to first occupation of any dwelling on site.

[To ensure that any archaeological items are recorded and to comply with policies GP1 (Sustainable Development), GP2 (Design & Amenity Criteria) and EN7 (Sites of Archaeological Importance) of the Rushcliffe Borough Non Statutory Replacement Local Plan and in accordance with Rushcliffe Local Plan Part 1: Core Strategy Policy 11 and the National Planning Policy Framework]

21. Prior to commencement of development a programme of archaeological trial trenching broadly in accordance with the submitted WSI shall be undertaken and a report detailing the findings of the trial trenching shall be submitted to the Borough Council prior to the determination of any reserved matters application for the development of the site.

22. The number of dwellings constructed pursuant to this permission shall not exceed 76.

[To ensure the level of traffic generated by the development does not exceed levels suggested by the Transport Assessment and for the avoidance of doubt and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and the National Planning Policy Framework].

23. No dwelling shall be occupied until the site access arrangements have been completed in broad accordance with the Proposed site Access Arrangements 18-00250-002 Rev - (contained within Appendix B of the BSP Consulting Transport Assessment dated March 2019).

[In the interest of ensuring suitable, safe and adequate access to the development in accordance with the Rushcliffe Local Plan Part 2:Land and Planning Policies and the National Planning Policy Framework]

24. No works to or associated with the construction of the Abbey Road access referred to in condition 24 above shall commence until a scheme of mitigation for the removal of the mature highway tree designated as Tree 15 in the AT2 tree survey has been agreed in writing by the LPA. The mitigation scheme shall then be carried out in the next available planning season following the removal of the tree.

[In the interest of amenity and ecology in accordance with GP1 (Sustainable Development), GP2 (Design & Amenity Criteria) and EN7 (Sites of Archaeological Importance) of the Rushcliffe Borough Non Statutory Replacement Local Plan and in accordance with Rushcliffe Local Plan Part 1: Core Strategy Policy 17]

25. The reserved matters shall include full details of the following which shall be subject to consultation with the Highway Authority:

a. tactile paving

b. vehicular, cycle, and pedestrian accesses

c. vehicular and cycle parking

d. vehicular turning arrangements

e. manoeuvring arrangements

f. access widths, gradients, surfacing, street lighting,

g. structures,

h. visibility splays and

I. drainage

The development shall be carried out in accordance with the approved details and no dwelling shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas approved under this Condition for that dwelling:

a. have been constructed in accordance with the approved drawings to binder course level.

b. are available for use

[To ensure the internal site roads are of a suitable layout, quality and standard to cater for the traffic commensurate with quantum of development in accordance with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and Core Strategy Policy 10]

26. The development shall be carried out and operated in accordance with the approved Travel Plan (Bryan G Hall dated February 2019) which shall be implemented in accordance with the details and timetable as set out therein.

[To encourage alternative methods of travel and to comply with policy MOV6 (Facilities in New Developments of the Rushcliffe Borough Non-Statutory Replacement Local Plan].

27. Prior to the occupation of any dwelling hereby approved a Flood Evacuation Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall implemented prior to the first occupation of any of the dwellings hereby approved.

[To ensure the safety of those living and working at the site during an extreme flood event, including any emergency services personnel called to assist in such an event and to comply with policy WET2 (Flooding) of the Rushcliffe Borough Non-Statutory Replacement Local Plan]

28. No development shall commence on the land until such time that the owner/developer of the land has entered into an obligation under Section 106 of the Town and Country Planning Act 1990 binding the land in respect of potential obligations (subject to negotiation) relating, but not limited to open space, health, education, bus stop improvements, off-site play equipment, play pitches, improvements to existing allotments and affordable housing.

[To ensure that the impacts of the development are sufficiently mitigated in accordance with Policy 19 of the Rushcliffe Local Plan Part1: Core Strategy].

Notes to Applicant

There is an active waste management permit at the site (reference EA/EPR/PP3090CG/A001, also reference WML no: 43426). The permit holder should ensure that they follow the correct procedure for surrendering their permit when required. Information about how to do this can been found at the following link: https://www.gov.uk/government/collections/environmental-permit-application-forms-to-surrender-a-permit.

New wildlife habitats should be created where appropriate, including wildflower rich neutral grassland / wet grassland / pond / wetland / woodland and native hedgerows.

· The existing native trees/hedgerows should be retained where possible, any hedge / trees removed should be replaced.

· Where possible new trees / hedges should be planted with native species (preferably of local provenance and including fruiting species). See https://www.rushcliffe.gov.uk/conservation/treeshedgesandlandscaping/landscapingandtreeplanting/plantingonnewdevelopments/ for advice including the planting guides (but exclude Ash (Fraxinus excelsior))

· The use of external lighting (during construction and post construction) should be appropriate to avoid adverse impacts on bat populations, see http://www.bats.org.uk/pages/bats_and_lighting.html for advice and a wildlife sensitive lighting scheme should be developed and implemented.

· Good practise construction methods should be adopted including:

- Advising all workers of the potential for protected species. If protected species are found during works, work should cease until a suitable qualified ecologist has been consulted.

- No works or storage of materials or vehicle movements should be carried out adjacent to the ditch.

- All work impacting on vegetation or buildings used by nesting birds should avoid the active bird nesting season, if this is not possible a search of the impacted areas should be carried out by a suitably competent person for nests immediately prior to the commencement of works. If any nests are found work should not commence until a suitably qualified ecologist has been consulted.

- Best practice should be followed during building work to ensure trenches dug during works activities that are left open overnight should be left with a sloping end or ramp to allow animal that may fall in to escape. Also, any pipes over 200mm in diameter should be capped off at night to prevent animals entering. Materials such as netting and cutting tools should not be left in the works area where they might entangle or injure animals. No stockpiles of vegetation should be left overnight and if they are left then they should be dismantled by hand prior to removal. Night working should be avoided.

- Root protection zones should be established around retained trees / hedgerows so that storage of materials and vehicles, the movement of vehicles and works are not carried out within these zones.

- Pollution prevention measures should be adopted.

· Consideration should be given to energy efficiency, alternative energy generation, green travel (including travel plan, cycle storage and electric vehicle charging), water efficiency, management of waste during and post construction and the use of recycled materials and sustainable building methods

Please contact the Environment Agency on (0115) 846 3654, to discuss their requirements for the above condition relating to Flood Mitigation.

You are advised that your property falls within an area identified to be at risk of flooding in the Environment Agency's Flood Risk Maps. It is therefore recommended that the design and construction of the extension incorporates advice with regard to flood resilience and resistance techniques which is available to view on the Environment Agency's website

Attention is drawn to the fact that this permission does not entitle the applicant to obstruct in any way the footpath which crosses the land to which this application relates. If it is intended to divert or stop up the footpath, the appropriate legal steps must be taken before development commences. Please contact the Borough Solicitor for advice on the procedures. (Tel 01159 9148215)

With regard to works affecting the highway you are advised that Nottinghamshire County Council are the Highway Authority and it is suggested that you contact the Highways Area Office by telephoning 08449 808080 for further information.

Nottinghamshire County Council as the highway authority advise that a suitable agreement will be required with them under the provisions of S278 of the Highways Act 1980 in respect of works in the public highway, contact Mr Harrison on 08449 808080.

The provision of a vehicular footway crossing requires works within the public highway on land outside your control. You are therefore advised to contact the Highways Area Office by telephoning 08449 808080 to arrange for these works.

This permission does not give any legal right for any work on, over or under land or buildings outside the application site ownership or affecting neighbouring property, including buildings, walls, fences and vegetation within that property. If any such work is anticipated, the consent of the adjoining land owner must first be obtained. The responsibility for meeting any claims for damage to such features lies with the applicant.

This grant of planning permission does not alter the private legal situation with regard to the carrying out of any works involving land which you do not own or control. You will need the consent of the owner(s) involved before any such works are started.

This decision relates to planning law only. It is not a legal agreement either to remove or relocate any right of way affected by the development given planning permission.

You are advised to ensure disturbance to neighbours is kept to a minimum during construction by restricting working hours to Monday to Friday 7.00am to 7.00pm, Saturday 8.00am to 5.00pm and by not working on Sundays or Bank Holidays. If you intend to work outside these hours you are requested to contact the Environmental Health Officer on 0115 9148322.

The provisions of the Party Wall Act 1996 may apply in relation to the boundary with the neighbouring property. A Solicitor or Chartered Surveyor may be able to give advice as to whether the proposed work falls within the scope of this Act and the necessary measures to be taken.

You are advised that the demolition and disposal of asbestos requires special measures. Further advice can be obtained from Nottinghamshire County Council (0115 977 2019). Alternatively you can obtain an asbestos fact sheet from their website www.nottinghamshire.gov.uk

You are advised to contact Development Control at the Borough Council 14 days before you start work in order to ensure all the necessary conditions have been met.

For further information on the content of contaminated land reports please refer to the Borough Council's publication "Developing Land within Nottinghamshire - A Guide to submitting Planning Applications for Land that may be contaminated". This booklet is available from Rushcliffe Borough Council's web site www.rushcliffe.gov.uk or by contacting the Environmental Health Services direct on 0115 9148485

This Authority is charging for the discharge of conditions in accordance with revised fee regulations which came into force on 6 April 2008. Application forms to discharge conditions can be found on the Rushcliffe Borough Council website.

The Borough Council is charging developers for the first time provision of wheeled refuse containers for household and recycling wastes. Only containers supplied by Rushcliffe Borough Council will be emptied, refuse containers will need to be provided prior to the occupation of any dwellings. Please contact the Borough Council (Tel: 0115 981 9911) and ask for the Recycling Officer to arrange for payment and delivery of the bins

Swifts are now on the Amber List of Conservation Concern. One reason for this is that their nest sites are being destroyed. The provision of new nest sites is urgently required and if you feel you can help by providing a nest box or similar in your development, the following website gives advice on how this can be done:

http://swift-conservation.org/Nestboxes%26Attraction.htm

Advice and information locally can be obtained by emailing:

carol.w.collins@talk21.com

Nesting birds and bats, their roosts and their access to these roosts are protected under the Wildlife and Countryside Act 1981. Should birds be nesting in the trees concerned it is recommended that felling/surgery should be carried out between September and January for further advice contact Nottinghamshire Wildlife Trust on 0115 958 8242 or by email at info@nottswt.co.uk. If bats are present you should contact Natural England on 0300 060 3900 or by email at enquiries@naturalengland.org.uk.

Although the submitted protected species survey found no evidence of bats, it points out that there is the possibility that they may be found behind pantiles etc. You are reminded that it is an offence under the Countryside and Wildlife Act 1981 to interfere with bats or their roosts and you are advised to follow the procedure as outlined in the survey report.

The overall scheme for the development of this site will involve the provision of on-site infrastructure including road, foul and surface water sewers, mains water and other direct services. In addition to discussing normal planning requirements with the planning authority, the developer should approach the highway authority with regard to the formation of access to the highway and the requirement for the adoption of the estate road(s), if applicable. Severn Trent Water on 0800 783 4444 should be contacted about the design and provision of foul and surface water sewers and for adoption information; the Environment Agency, for information on any on- or off-site storm water requirements; the Nottinghamshire Constabulary Architectural Liaison Officer regarding measures to combat crime; the Council's Leisure Services Division for information on the provision and specification for open spaces and play areas, including adoption; the Council's Landscape Officer for advice on incorporating existing landscape features as well as the principles for new landscaping and planting species and specifications; and other agencies, including East Midlands Electricity, if provision needs to be made for a new sub-station.

This is subject to obligations under the provisions of Section 106 of the Town & Country Planning Act 1990 (as substituted by the Planning & Compensation Act 1992) relating to education, health, bus stop improvements, off site play equipment, play pitches and improvements to existing allotments, together with the provision of 30% affordable housing on site. Any payments will increase subject to the provisions set out in the obligations.

EA Informative advice - flood warning and emergency response

We support the recommendation in the flood risk assessment that a flood warning and evacuation plan will be prepared for the development. None the less, please note that we do not normally comment on or approve the adequacy of flood emergency response

In relation to soil management details you are advised to refer to DEFRA Construction Code of Practice for the sustainable use of soils on Construction sites

It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring

In order to carry out the off-site works required you will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which you have no control. In order to undertake the works you will need to enter into an agreement under Section 278 of the Act. Please contact Nottinghamshire County Council Highway Development Control (email: hdc.south@nottscc.gov.uk) for details.

The applicant should note that notwithstanding any planning permission, 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.

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.

All correspondence with the Highway Authority should be addressed to:-

NCC Highways (Development Control, Floor 3)

Nottinghamshire County Council

County Hall

Loughborough Road

West Bridgford

Nottingham, NG2 7QP

The Borough Council and Nottinghamshire County Council are keen to encourage the provision of superfast broadband within all new developments. With regard to the condition relating to broadband, it is recommended that, prior to development commencing on site, you discuss the installation of this with providers such as Virgin and Openreach Contact details: Openreach: Nicholas Flint 01442208100 nick.flint@openreach.co.uk Virgin: Daniel Murray 07813920812 daniel.murray@virginmedia.co.uk

All workers/contractors should be made aware of the potential of protected/priority species being found on site and care should be taken during works to avoid harm, including during any tree works If protected species are found during works, work should cease until a suitable qualified ecologist has been consulted.

All work impacting on vegetation or buildings used by nesting birds should avoid the active bird nesting season, if this is not possible, a search of the impacted areas should be carried out by a suitably competent person for nests immediately prior to the commencement of works. If any nests are found, work should not commence until a suitably qualified ecologist has been consulted.

The use of external lighting (during construction and post construction) should be appropriate to avoid adverse impacts on bat populations and a wildlife sensitive lighting scheme should be developed and implemented.

Best practice should be followed during building work to ensure trenches dug during work activities that are left overnight should be left with a sloping end ramp to allow animals that may fall in to escape. Also, any pipes over 200mm in diameter should be capped off at night to prevent animals entering. No stockpiles of vegetation should be left overnight and if they are, they should be dismantled by hand prior to removal. Night working should be avoided.

Where possible, new trees/hedges should be planted with native species (preferably of local provenance and including fruiting species) and existing trees/hedgerows should be maintained and hedgerows gapped up if necessary. If removal of trees is necessary, they should be replaced with new native trees (preferably of local provenance). Root protection zones should be established around retained trees/hedgerows so that storage of materials and vehicles, the movement of vehicles and works are not carried out within the zones.

Consideration should be given to energy efficiency, alternative energy generation, water efficiency, sustainable travel (including electric car charging points and cycle storage and improved cycle connectivity and green travel), management of waste during and post construction and the use of recycled materials and sustainable building methods.

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.

In order to satisfy the requirements of condition 26 the Highway Authority will need to undertake a full technical design check of the your detailed design drawings. Discharge of any reserved matters conditions relating to highway layouts will not be recommended until this process is complete and full technical approval of the highways drawings has been granted. We therefore strongly recommend technical approval for your drawings is obtained from the Highway Authority prior to any formal reserved matters submission.

The applicant is encouraged to incorporate bird and bat boxes into the fabric of buildings where practicable.

Public footpath no 43 West Bridgford is situated within the boundary of the proposed development VIA have advised that they object to the proposed extinguishment and the loss of public footpath identity. They encourage the applicant to retain the recorded line of footpath no 43 and explore options to improve the adjacent fencing design and street lighting scheme.

Western Power has advised that any live electricity apparatus must be disconnected/diverted prior to any demolition works commencing. Their records indicate multiple low voltage cables present onsite, please refer to HSG47 for guidance with any works in proximity to our apparatus

The applicants should consult Severn Trent Water Limited who should be satisfied that the sewerage and sewage disposal systems serving the development have sufficient capacity to accommodate additional flows, generated as a result of the development, without causing pollution.

Councillor P Gowland re-joined the meeting.

19/00323/FUL – Full application for the erection of 83 dwellings (partial re-planto increase number of dwellings on Pase 3 by 47) – Land East of Kirk Ley Road (Phase 3), East Leake, Nottinghamshire.

In accordance with the adopted procedures, Councillor C Thomas as Ward Councillor for this application stepped down from her seat and was not entitled to vote.

Updates

A representation from a local resident, (Objection), was received after the agenda had been published and was circulated to the committee before the meeting.

In accordance with the Council’s Speaking Protocol for Planning Committee, Louise Ward (Applicant), Parish Councillor Oatey and Ward Councillor Thomas addressed the committee.

Comment

Members of the committee supported the amendments within the revised application and welcomed the Developers decision to provide an improved mix of smaller, affordable housing. However, Members were concerned about the density of the revised scheme and the pressures this may have on local roads and amenities.

DECISION

GRANT PLANNING PERMISSION FOR THE FOLLOWING REASONS SET OUT IN THE REPORT SUBJECT TO THE FOLLOWING CONDITIONS:

1. The development must be begun not later than the expiration of three years beginning with the date of this permission.

[To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004].

2. The development hereby permitted shall be carried out in accordance with the following approved plans; Site Location Plan PL_ELPH3-RP_03; Planning Layout PL_ELPH3-RP_01 rev A; House Type Pack Planning Housetypes - Persimmon Phase 3 Re-Plan - 07.01.19; Landscape Plans P17-1947_01A DSLP 1 of 6; P17-1947_02B DSLP 2 of 6; P17-1947_03E DSLP 3 of 6; P17-1947_04E DSLP 4 of 6; P17-1947_05D DSLP 5 of 6; P17-1947_06E DSLP 6 of 6; Materials Plan PL_ELPH3-RP_06.

[For the avoidance of doubt and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Rushcliffe Core Strategy].

3. The development hereby approved shall be constructed using materials as detailed on the Materials Plan PL_ELPH3-RP_06, unless otherwise approved in writing by the Borough Council.

[To ensure the appearance of the development is satisfactory and to comply with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan and Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Rushcliffe Core Strategy].

4. No dwelling shall be occupied until the boundary treatment to serve that plot has been completed in accordance with the details set out on the approved Planning Layout PL_ELPH3-RP_01 Rev A.

[To ensure the appearance of the development is satisfactory and provides future residents with an acceptable level of privacy, to comply with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan and Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Rushcliffe Core Strategy].

5. The proposed soft landscaping as shown on the Landscape Plans P17-1947_01A DSLP 1 of 6; P17-1947_02B DSLP 2 of 6; P17-1947_03E DSLP 3 of 6; P17-1947_04E DSLP 4 of 6; P17-1947_05D DSLP 5 of 6; P17-1947_06E DSLP 6 of 6, shall be carried out in the first planting season following the substantial completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written approval to any variation.

[In the interests of amenity and to comply with policy EN13 (Landscaping Schemes) of the Rushcliffe Borough Non Statutory Replacement Local Plan].

6. The development shall only be carried out in accordance with details of finished ground and floor levels in relation to an existing datum point, existing site levels and adjoining land which shall be submitted to and approved in writing by the Local Planning Authority before the development commences, and the development shall only be undertaken in accordance with the details so approved.

[This is a pre-commencement condition to ensure that finished ground and floor levels are approved before development commences to ensure there would be no harm to the character or visual amenities of the area and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Rushcliffe Core Strategy].

7. No dwelling shall be occupied until space within that plot has been provided for the storage of 3 wheeled bins.

[To protect the amenities of the area and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Rushcliffe Core Strategy].

8. No part of the development hereby permitted shall take place until details of the new road have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross-sectional gradients, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. The development shall be implemented in accordance with these details to the satisfaction of the Local Planning Authority.

[This is a pre-commencement condition to ensure that the new road layout is approved before construction works commence on site, in the interests of highway safety and to comply with Policy GP2 (Amenity and Design Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan].

9. No part of the development hereby permitted shall be brought into use until all drives and parking areas have been surfaced in a bound material with provision to prevent the unregulated discharge of surface water from the driveways and parking areas to the public highway. The surfaced and drained drives and parking areas shall thereafter be maintained as such for the life of the development.

[To reduce the possibility of deleterious material and surface water being deposited on the public highway causing dangers to road users and to comply with Policy GP2 (Amenity and Design Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan].

10. The hedgerows on the boundaries on the site shall be retained at a minimum height of 1.5m, any part of the hedge removed, dying, being severely damaged or becoming seriously diseased shall be replaced, with hedge plans, of such size and species, details of which shall be submitted to and approved in writing by the Local Planning Authority, within one year of the date of any such loss being brought to the attention of the Local Planning Authority.

[The hedges are an important feature in the area and their retention is necessary to help preserve the character of the area in this edge of village location, and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Rushcliffe Core Strategy].

11. The site shall be developed in accordance with the Construction Method Statement by Persimmon Homes dated 1st March 2016 previously submitted and approved under 16/00649/DISCON.

[In the interests of highway safety, and to comply with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and Policy 10 of the Rushcliffe Core Strategy].

12. The site shall be developed in accordance with the Employment and Skills Plan by Persimmon Homes dated March 2016, previously submitted and approved under 16/00649/DISCON.

[In order to promote local employment opportunities in accordance with Policies 1 and 5 of the Rushcliffe Local Plan Part 1: Core Strategy].

13. No work shall be carried out, and no plant, equipment or materials shall be brought onto the site until a scheme detailing the tree protection measures to be implemented across the site have been submitted to and approved in writing by the Local Planning Authority. The tree protection measures shall be implemented prior to work commencing on site. No materials, machinery or vehicles are to be stored or temporary buildings erected within the perimeter of the protection measures, nor is any excavation work to be undertaken within the confines of the protection measures without the written approval of the Borough Council. No changes of ground level shall be made within the protected area without the written approval of the Borough Council. The development shall be constructed in accordance with the approved tree protection scheme.

[This is a pre-commencement condition to ensure that no trees are damaged before appropriate tree protection measures are put in place, in accordance with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan and Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Rushcliffe Core Strategy].

14. No dwelling shall be occupied until a scheme detailing the provision of bat boxes and / or access points to bat roosts and a timetable for their installation, has been submitted to and approved in writing by the Borough Council. The approved scheme shall be installed in accordance with the approved timetable. The bat boxes and / or access points to bat roosts shall thereafter be retained and maintained for the life of the development.

[To ensure that adequate compensatory measures are carried out and to comply with policies GP2 (Design & Amenity Criteria) and EN12 (Habitat Protection) of the Rushcliffe Borough Non Statutory Replacement Local Plan].

15. No dwelling shall be occupied until a scheme detailing the provision of bird nesting boxes and a timetable for their installation, has been submitted to and approved in writing by the Borough Council. The approved scheme shall be installed in accordance with the approved timetable. The bird nesting boxes shall thereafter be retained and maintained for the life of the development.

16. The site shall be development in accordance with the surface water drainage strategy and foul drainage proposals as set out in the Flood Risk Assessment Addendum by Farrow Walsh Consulting dated January 2019 and shown on drawings; Drainage Strategy Sheet 1 of 3 FW1644-D-400 P2; Drainage Strategy Sheet 2 of 3 FW1644-D-401 P2; Drainage Strategy Sheet 3 of 3 FW1644-D-402 P2, unless otherwise approved in writing by the Local Planning Authority. The surface water attentuation shall be retained and maintained for the life of the development.

[To ensure that adequate surface water and foul drainage facilities are provided in the interests of the living conditions of future residents, and to prevent the increased risk of flooding downstream, in accordance with policy WET2 (Flooding) and policy WET3 (Ground Water Resources)of the Rushcliffe Borough Non-Statutory Replacement Local Plan and guidance contained within the NPPF].

Notes to Applicant

It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring. The applicant should note that notwithstanding any planning permission, 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.

All correspondence with the Highway Authority should be addressed to:-

NCC (Highways Development Control) (Floor 3)

Nottinghamshire County Council

County Hall

Loughborough Road

West Bridgford

Nottingham, NG2 7QP

Councillor C Thomas re-joined the meeting.

19/01268/CTY – Erection of a two storey 420 place primary (2 phases) and 39 place nursery school with associated playing fields, car parking, hard surfaced outdoor play area, footpaths and access roads. Entrance Canopy and a covered nursery play area, enclosed bin store (2m), sprinkler tank and pump house (3.5m), 2.4m high perimeter security fence and gates, associated landscape works and off-site highway works – Sharphill Primary School, Rose Way, Edwalton, Nottinghamshire.

Updates

A representation from Nottinghamshire County Council providing additional information was received after the agenda had been published and was circulated to the committee before the meeting.

In accordance with the Council’s Speaking Protocol at Planning Committee, Ward Councillor, Councillor S Robinson addressed the committee and raised his concerns regarding the overall design of the buildings and lack of community facilities within the plans.

Comments

Members of the committee agreed with the officer’s recommendation to object to the proposal, adding that the design is disappointing and not acceptable. In addition members raised their concerns regarding community access and whether there would be safeguarding issues which could limit community use during school hours. Members also considered the ‘drop off’ facility for parents was inadequate.

DECISION

THAT NOTTINGHASHIRE COUNCIL BE INFORMED THAT THE BOROUGH COUNCIL OBJECTS TO THE PROPOSAL AND REJECTS THE APPLICATION FOR THE FOLLOWING REASONS:

1. The design and appearance of the proposed building fails to take this unique opportunity to create an innovative exemplary public building which will be a key, primary feature of the Edwalton Development. The building would appear as an incongruous addition to the street scene and would be harmful to the character and appearance of Rose Way and the character of the wider residential development as a whole. The proposal is therefore contrary to the Melton Road, Edwalon, Development Framework Supplementary Planning Document, Core Strategy Policy 10 and the National Planning Policy Framework 2019.

2. The proposed development does not meet Rushcliffe Borough Council’s aspirations in terms of a Community Use Facility as no day time facilities are intended to be provided as part of the proposed Community Use Agreement. This is contrary to the needs of the wider community in absence of an alternative facility within a sustainable, accessible location.

3. The applicant has failed to provide adequate parking provision for parents of the primary school and nursery school children to the detriment of highway safety and the amenity of nearby residential properties. The proposal is therefore contrary to Rushcliffe Non-Statutory Local Plan Policy GP2 (b) – Design and Amenity Criteria.

Supporting documents: