Agenda item
Planning Applications
The report of the Executive Manager – Communities is attached.
Minutes:
The Committee considered the written report of the Executive Manager - Communities relating to the following applications, which had been circulated previously.
18/02412/FUL – Proposed development of 187no. dwellings with access off Platt Lane and Station Road, associated landscaping, drainage and highway infrastructure, and a 40 space grasscrete car park to serve the neighbouring sporting facilities; 3m high fence / ball stop netting - Land Between Platt Lane And Station Road Keyworth Nottinghamshire.
Updates
Representation from the case officer outlining amended conditions, the agent who submitted revised plans and supporting comments were received after the agenda was published and were circulated to the committee before the meeting.
In accordance with the Council’s Public Speaking Protocol Helen Dawkins (the applicant) addressed the committee.
DECISION
In accordance with the Town and Country Planning (Consultation) Direction 2009, the application be referred to the National Planning Casework Unit and that, subject to the application not being called in for determination by the Secretary of State for Housing, Communities and Local Government, the Executive Manager for Communities be authorised to grant planning permission subject to:
a) the prior signing of a section 106 agreement as set out in the Heads of Terms table attached to this report; and
b) 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 and to ensure appropriate early delivery of the development].
2. The development hereby approved shall be implemented in accordance with the following plans and documents:
• Site Location Plan (18 Oct 18)
• Planning Layout KEY/DPL/01 Rev G received 8 July 2019
• KEY-BTP-01B Boundary Treatments
• Materials Layout KEY/MAT/01 Rev A received 18 February 2019
• Boundary Treatments Plan KEY/BTP/01B, received 21 February 2019
• Affordable Housing Plan KEY/AFF/01C received 21 May 2019
• House Type Pack, August 2018 ref KEY/HTP/01
• House Type Dimensions
• House Type 7FA (AW) Floor Plans and Elevations received 18 February 2019
• House Type 1BB Plans and Elevations, received 21 February 2019
• House Type 2BM Plans and Elevations, received 21 February 2019
• Detailed POS Proposals (Sheet 1 of 3) P18-1983_01_A received 18 February 2019
• Detailed POS Proposals (Sheet 2 of 3) P18-1983_02_A received 18 February 2019
• Detailed POS Proposals (Sheet 3 of 3) P18-1983_03_A received 18 February 2019
• Detailed POS Proposals (sheet 1 of 5) P18-1983_04_C received 20 May 2019
• Detailed POS Proposals (sheet 2 of 5) P18-1983_05_D received 20 May 2019
• Detailed POS Proposals (sheet 3 of 5) P18-1983_06_C received 20 May 2019
• Detailed POS Proposals (sheet 4 of 5) P18-1983_07_C received 20 May 2019
• Detailed POS Proposals (sheet 5 of 5) P18-1983_08_C received 8 July 2019
• Detailed LEAP Proposals, P18-1983_09D, received 21 May 2019
• Landscape Management Plan, Pegasus, P18-1983 REV B May 2019
• S278 General Arrangements 12171/180, Rev.A
• Refuse Vehicle Tracking Station Road Access 12-0171/001
• Refuse Vehicle Tracking Platt Lane Access 12-0171/002
• Refuse Vehicle Tracking Turning Heads 12-0171/003A received 18 February 2019
• KEY-22-01 Street Scene
• Planning Sections PLK-LS_001
• Design and Access Statement, Hunter Page, September 2018
• Planning supporting statement, Hunter Page, October 2018
• Landscape and Visual Appraisal, Pegasus, P17-2683, October 2018
• Keyworth Rushcliffe Assessment of Housing Mix, Lichfields, September 2018
• Archaeological Desk Based Assessment, Cgms Heritage, April 2018
• Archaeological Investigations (Final Report) Ref: 206600, Wessex archaeology, 4 January 2019 received 9 May 2019
• Built Heritage Statement, Cgms Heritage, April 2018
• Transport and Infrastructure Planning, BWB, September 2018
• Transport Assessment Addendum, BWB March 2019
• Travel Plan (NTT2096 TP REV 12), BWB, 14.3.19 received 27 March 2019
• Flood Risk Assessment and Drainage Strategy BSP Consulting, 12171/FRA/Rev A, Rev A 21/08/2018
• Ecological Appraisal, EDP, September 2018, Report Reference edp3284_r001a
• Statement of Community Involvement, Hunter Page, October 2018
• Phase II Exploratory Investigation, BSP, July 2018
• Arboricultural Assessment, FPCR, May 2019, Rev B
• Ball Strike Boundary Assessment, Labosport, report number LSUK.18-1000, 14 December 2018 received 18 February 2019
• Health Impact Assessment, October 2018
• Building for Life 12 Design Assessment, April 2019
• Topographical survey 16902 OGL
• Noise Report, AECOM, Project number: 60565085, AC/02 31 May 2019 received on the 4 June 2019
• Landscape Management Plan P18-1983 Rev C, Pegasus, July 2019 received 4 July
[For the avoidance of doubt and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and in the interests of amenity and to accord Policy 10 ( Design and Enhancing Local Identity of the Local Plan Part 1 Rushcliffe Core Strategy and with emerging Local Plan Part 2 Policy 4.2].
3. No development shall be carried out until a Phasing Plan including details of phasing for the approved development has been submitted to and approved in writing by the local planning authority. The phasing plan shall include details of:
- the timing of the provision of infrastructure to serve the proposed development (including road improvements and drainage facilities) in relation to the provision of any new residential units;
- the timing of biodiversity, SUDS and landscaping features;
- the timing of the provision of on-site recreation/open play space provision in relation to the provision of any new residential units including the ball strike nett; and
- the timing of the provision and transfer of the 40 space grasscrete car park area
The development shall be carried out in accordance with the approved phasing plan unless otherwise agreed in writing by the local planning authority.
[To ensure the proposed development is constructed in such a way to ensure that any new units provided are adequately served by infrastructure and recreation facilities and to promote biodiversity on the site. This is a pre-commencement condition to enable consideration to be given in a coordinated manner to all the key components of the scheme].
4. No development shall take place until the technical approval under S38 (or equivalent) has been agreed with Nottinghamshire County Council for the construction of the roads and associated works within the site. The development shall thereafter be implemented in accordance with the approved details and no dwelling shall be occupied until the roads necessary to serve that property have been constructed to base level.
[To ensure an adequate form of development in the interests of highway safety and to comply with policies GP2 (Design & Amenity Criteria) and MOV9 (Car Parking Standards) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
5. No development hereby permitted shall take place until an appropriate agreement under Section 278 of the Highways Act 1980 has been entered into with Highways England to facilitate improvements to A52 junctions in accordance with the provisions of the version of the A52/A606 Improvement Package Developer Contributions Strategy Memorandum of Understanding in force at the time of commencement of development.
[To ensure that the A52 trunk road continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10 (2) of the Highways Act 1980, in the interests of road safety. This is a pre commencement condition to ensure that funding for necessary wider highway improvements required as a result of the development is made available so that the works can be implemented in a timely fashion].
6. The materials specified on the Materials Layout Plan KEY/MAT/01 Rev A (received 18 February 2019) (Roofing: Forticrete SL8 -Slate Grey, Forticrete SL8 -Sunrise blend and Russell Lothian -Cottage Red Bricks: Ibstock Autumn Antique, Forterra Arden Special Reserve and Forterra Lindum Cottage Red Multi)) shall be used for the external walls and roof of the development hereby approved and no additional or alternative materials shall be used.
[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 to accord Policy 10 (Design and Enhancing Local Identity of the Local Plan Part 1 Rushcliffe Core Strategy].
7. No part of the development hereby approved shall commence until a detailed surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA), 812171/FRA/Rev A, BSP ltd., has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development. The scheme to be submitted shall:
• Demonstrate that the development will use SuDS throughout the site as a primary means of surface water management and that design is in accordance with CIRIA C753.
• Provide details of all infiltration basins including detailed results to BRE365 standards for specific locations to demonstrate that infiltration is feasible in accordance with the FRA.
• Any discharges that do not infiltrate shall be limited for all events up to the 100 years plus 40% (for climate change) critical rain storm to the QBar Greenfield rates for the developable area.
• Provision of surface water run-off attenuation storage in accordance with 'Science Report SCO30219 Rainfall Management for Developments' and the approved FRA
• Provide detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements. Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 2 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods.
• For all exceedance to be contained within the site boundary without flooding any properties in a 100year+40% storm.
• Evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development to ensure long term operation to design parameters.
The approved drainage strategy shall thereafter be implemented in accordance with the surface water drainage scheme.
[To ensure the proper drainage of the site and to accord with the aims of Policy 2 (Climate Change) of the Local Plan Part 1 Rushcliffe Core Strategy. To prevent the increased risk of flooding and to comply with policies WET2 (Flooding) and WET3 (Ground Water Resources) of the Rushcliffe Borough Non Statutory Replacement Local Plan. This is a pre commencement condition to ensure that flood risk is mitigated and the measures can be incorporated in to the build phase].
8. The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.
[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. This is a pre commencement condition to ensure that flood risk and sewage capacity requirements are mitigated and the measures can be incorporated in to the build phase].
9. No development shall commence until a ball stop nett/ fence scheme has been submitted to and approved in writing by the Local Planning Authority The scheme shall be designed so as to take into account the findings and mitigation recommendations advised in the Ball Strike Boundary Assessment, Labosport, report number LSUK.18-1000, 14 December 2018 received 18 February 2019. The scheme shall include details of the design, location, timing of provision, installation and provision for its on-going management and maintenance for the life of the development. The approved scheme shall be installed prior to the occupation of any dwelling on plots 28 to 34, 55 to 61 and plot 79 as identified on Planning Layout KEY/DPL/01 Rev F. The approved Nett/ fence shall be managed and maintained in accordance with the approved management scheme for the life of the development by a Management Company.
[To ensure satisfactory landscape treatment of the site which will enhance the character and appearance of the site and the area in accordance with the aims of Policy 16 (Green Infrastructure, landscape, Parks and Open Space) of the Local Plan Part 1 Rushcliffe Core Strategy and to ensure the ongoing management of the ball strike net. In the interest of public safety and to minimise the risk of ball strike on future residents of the proposed dwellings to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan and in the interests of amenity and to accord Policy 10 (Design and Enhancing Local Identity of the Local Plan Part 1 Rushcliffe Core Strategy and with emerging Local Plan Part 2 Policy 4.2. This is a pre commencement condition to ensure that existing features to be retained are identified and that they are protected].
10. There shall be no excavation or other groundworks, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works hereby permitted until full details of the following have been submitted to and approved in writing by the Local Planning Authority in 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
b. are available for use
[In the interest of highway safety, to make sure the drive is not too steep, in order to provide a reasonable level of safety in icy conditions and to comply with policies GP2 (Design & Amenity Criteria) and MOV9 (Car Parking Standards) of the Rushcliffe Borough Non Statutory Replacement Local Plan. This is a pre commencement condition that is required to ensure that the highway matters are addressed before works start on the site].
11. No dwelling shall be occupied until the driveway and parking areas associated with that plot have been surfaced in a bound material as approved under condition 10. The surfaced drives and parking areas shall then be maintained in such bound material for the life of the development.
[To reduce the possibility of deleterious material being deposited on the public highways and to ensure adequate car parking facilities are provided in connection with the development; and to comply with policies GP2 (Design & Amenity Criteria) and MOV9 (Car Parking Standards) of the Rushcliffe Borough Non Statutory Replacement Local].
12. No dwelling hereby approved shall be occupied until the following works have been provided in accordance with plans previously submitted and approved in writing to the satisfaction of the Local Planning Authority:
• Two new site access junctions on Platt Lane and Station Road as shown indicatively on drawing 12171/180 Rev A.
• A new 2.0m wide footway along the site’s frontage and associated crossing points as shown indicatively on drawing 12171/180 Rev A.
• New pedestrian dropped kerbs and tactile paving to provide crossings at the junction of Platt Lane / Nicker Hill and over Nicker Hill toward Mount Pleasant.
• Works to facilitate the delivery of a new 30mph speed limit on Station Road to the North of the proposed site access.
[To make sure that a satisfactory means of access is provided, in the interests of road safety to promote sustainable travel and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
13. The formal written approval of the Local Planning Authority is required prior to commencement of any development with regard to parking and turning facilities, access widths, gradients, surfacing, street lighting, visibility splays and drainage. All details submitted to the Local Planning Authority for approval shall comply with the County Council’s current Highway Design and Parking Guides and shall be implemented as approved.
[To ensure the development is constructed to highway adoptable standard, in the interest of highway safety, to make sure the drive is not too steep, and to comply with policies GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan. This is a pre commencement condition that is required to ensure that the highway matters are addressed before works start on the site].
14. Prior to first occupation the developer of the site shall appoint and thereafter continue to employ or engage a travel plan coordinator who shall be responsible for the implementation, delivery, monitoring and promotion of the sustainable transport initiatives set out in the Interim Travel Plan to be approved prior to development taking place and whose details shall be provided and continue to be provided thereafter to the Local Planning Authority.
[To promote sustainable travel and to encourage the use of alternative transport to the car; and to comply with policy MOV1 (Travel Plans) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
15. The travel plan coordinator shall within 6 months of occupation produce or procure a Detailed Travel Plan that sets out final targets with respect the number of vehicles using the site and the adoption of measures to reduce single occupancy car travel consistent with the Interim Travel Plan to be approved by the Local Planning Authority. The Travel Plan shall be implemented in accordance with the approved timetable and be updated consistent with future travel initiatives including implementation dates to the satisfaction of the Local Planning Authority.
[To promote sustainable travel and to encourage the use of alternative transport to the car; and to comply with policy MOV1 (Travel Plans) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
16. The travel plan coordinator shall submit reports in accordance with the Standard Assessment Methodology (SAM) or similar to be approved and to the Local Planning Authority in accordance with the Travel Plan monitoring periods. The monitoring reports submitted to the Local Planning Authority shall summarise the data collected over the monitoring period and propose revised initiatives and measures where travel plan targets are not being met including implementation dates to be approved in writing by the Local Planning Authority.
[To promote sustainable travel and to encourage the use of alternative transport to the car; and to comply with policy MOV1 (Travel Plans) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
17. The development shall be undertaken in accordance with the landscaping scheme as shown on plans:
• Detailed POS Proposals (Sheet 1 of 3) P18-1983_01_A received 18 February 2019
• Detailed POS Proposals (Sheet 2 of 3) P18-1983_02_A received 18 February 2019
• Detailed POS Proposals (Sheet 3 of 3) P18-1983_03_A received 18 February 2019
• Detailed POS Proposals (sheet 1 of 5) P18-1983_04_C received 20 May 2019
• Detailed POS Proposals (sheet 2 of 5) P18-1983_05_D received 20 May 2019
• Detailed POS Proposals (sheet 3 of 5) P18-1983_06_C received 20 May 2019
• Detailed POS Proposals (sheet 4 of 5) P18-1983_07_C received 20 May 2019
• Detailed POS Proposals (sheet 5 of 5) P18-1983_08_C received 8 July 2019
• Boundary Treatments Plan KEY/BTP/01B, received 21 February 2019
The landscaping shall be carried out in accordance with the approved details in the accordance with the timing and phasing approved by condition 3 and 18. If 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 others of similar size and species.
[To make sure that a satisfactory landscaping scheme for the development is implemented 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].
18. No development shall take place until details of the means of protection of existing hedgerows and trees whilst construction works are being undertaken have been submitted to the Local Planning Authority. All existing trees and/or hedges which are to be retained are to be protected in accordance with the approved measures and that protection shall be retained for the duration of the construction period. No materials, machinery or vehicles shall be stored or temporary buildings erected within the perimeter of the fence, nor shall any excavation work be undertaken within the confines of the fence without the written approval of the Local Planning Authority. No changes of ground level shall be made within the protected area without the written approval of the Local Planning Authority.
[To ensure existing trees and hedgerows are adequately protected during the development and to comply with policy EN13 (Landscaping Schemes) of the Rushcliffe Borough Non Statutory Replacement Local Plan. This is a pre commencement condition to ensure protection during construction works of trees, hedges and hedgerows which are to be retained on or near the site in order to ensure that the character and amenity of the area are not impaired].
19. 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 have regard to the LEMP under condition 26 and 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.
[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 to comply with policies GP2 (Design & Amenity Criteria) and MOV9 (Car Parking Standards) of the Rushcliffe Borough Non Statutory Replacement Local Plan. 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].
20. During any ground works, demolition or construction, 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].
21. 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 hall 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].
22. No development shall take place until an Employment and Skills Strategy for the construction phase of the approved development shall be produced in consultation with the Economic Growth team and 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].
23. Prior to installation, a bat-sensitive lighting scheme should be submitted to 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].
24. In the event that the planning permission is not implemented within 2 years of the date of the planning permission being granted a further protected species survey shall be carried out, prior to work commencing on site, and submitted to and approved by the Local Planning Authority in writing. 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].
25. No removal of hedgerows, trees or shrubs shall take place between 1st March and 30th September inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
[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 paragraph 174 and 175 of the NPPF and Policy 17 of the Local Plan Part 1: Rushcliffe Core Strategy].
26. 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 of hedgerows
- 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
- Ongoing management of the SUDS for wildlife
- The plan will detail the formal management agreement, aftercare and monitoring of the retained and newly created habitats on the site and shall their the ongoing maintenance
The development shall be undertaken in accordance with the approved LEMP.
[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. This is a pre-commencement condition due to the need to ensure adequate mitigation and management is in place before any intrusive site works take place].
27. Prior to the occupation of each dwelling submitted as part of the planning application 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].
28. The development shall be undertaken and maintained in accordance with the Landscape Management Plan P18-1983 Rev C, Pegasus, July 2019.
[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].
29. No development shall commence until details of the finished floor and ground levels in relation to a fixed datum point have been submitted and approved in writing by the Local planning Authority. Such details shall have regard to the drainage strategy for the site. The development shall be undertaken in accordance with the approved details.
[To ensure a satisfactory development in the interests of amenity, accessibility and highway safety and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan. This is a pre commencement condition to ensure that the development is undertaken with agreed levels from the outset].
30. No development shall commence until details of the timing of construction of the 40 space grasscrete car park have been submitted to and approved in writing by the Local Planning Authority. Such details shall also provide for the transfer of the completed car park to the operators of the adjacent Platt Lane leisure facility. The development shall be undertaken in accordance with the approved details.
[For the avoidance of doubt. This is a pre commencement condition to ensure that the deliverability and transfer arrangements are secured].
31. The development shall be undertaken in full accordance with the detailed requirements for mitigation for noise identified in the submitted Noise Assessment by AECOM (Project number: 60565085 AC/02 dated 31st May 2019). All mitigation measures outlined in the report shall be undertaken and incorporated in the units as specified in this report. This includes enhanced glazing and ventilation the bedrooms of several plots as detailed in Table 6.1 of Page 18 and illustrated in Appendices E Glazing and Vent Specifications & F Annotated Plans of the report. For all other plots, Glazing and Vent Type A of table 6.1 can be used. Roof Type A can be used to all rooms, with the exception of Plot 121 Bedroom 4 and Plot 140 Bedroom 1 and plot 153 Bedroom 2 where Roof Type B is required.
[To ensure that acceptable noise levels within the development and its curtilage are not exceeded. To protect the amenities of residents and to comply with policies GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan. This is a pre commencement condition to ensure that the dwellings are adequately mitigated from noise].
32. Notwithstanding the provisions of Schedule 2, Part 1 Classes A - D of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) there shall be no enlargement or alteration of the proposed dwelling(s) and no alteration to or insertion of windows or rooflights other than those shown on the approved plans for the following plots 1-3, 5, 8-14, 16, 16-21, 23, 104-107, 118-125, 133-146, 149-157, 184-187, as shown on Planning Layout KEY/DPL/01 Rev G. These plots require enhanced glazing and ventilation as specified in Appendix E and illustrated in Appendix F of the Noise Assessment written by AECOM (Project number: 60565085 AC/02 dated 31st May 2019).
[To protect the amenities of the occupiers of the property from external noise as per the noise report by AECOM (Project number: 60565085 AC/02 dated 31st May 2019) and to comply with policies GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
33. Notwithstanding the provisions of Schedule 2 Part 2 Class A of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order with or without modification) no fence, wall, hedge or other means of enclosure other than shown on the approved plans shall be erected or planted on the site.
[The development is of a nature whereby future development of this type should be closely controlled and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
Notes to Applicant
This permission is subject to an Agreement made under the provisions of Section 106 of the Town & Country Planning Act 1990 (as substituted by the Planning & Compensation Act 1992) relating to provision of on-site affordable housing and contributions towards essential infrastructure. Any payments will increase subject to the provisions set out in the Agreement.
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.
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.
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.
Section 38 Agreement (Highways Act 1980) - The applicant should note that notwithstanding any planning permission that 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. Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.
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.
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.
Section 278 Agreement (Highways Act 1980) - 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 Jan Witko on telephone number 0115 9774364.
The proposed access/off-site highway works to deliver the alterations to the speed limit referred to in condition 12 requires a Traffic Regulation Order. The developer should note that the Order can be made on behalf of the developer by Nottinghamshire County Council at the expense of the developer. This is a separate legal process and requires public consultation. The Applicant should contact the Highway Authority as soon as possible to discuss how best this is achieved.
In order to satisfy the requirements of conditions 4, 10 , 12 and 13 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.
Travel Plan - Advice regarding travel plans can be obtained from the Travel Plans Officer on telephone 0115 9774323. Correspondence with the Highway Authority should be addressed to:
Highway Development Control Section
Highways South
Nottinghamshire County Council
County Hall
West Bridgford
Nottingham, NG2 7QP
In respect of condition 8 of this permission relating to drainage:
- The developer must produce a comprehensive drainage strategy for the site.
- This strategy must include how surface water is to be dealt with. In particular showing how no surface water will be allowed to enter the foul or combined system through any means.
- Surface water should be drained using sustainable techniques.
- Where a sustainable drainage scheme is to be provided, the submitted details shall:
i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and / or surface waters;
ii) Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.
- The strategy shall also demonstrate how any land drainage issues will be resolved.
- A hydraulic modelling study may be required to determine if the proposed flows can be accommodated within the existing system and if not, to identify what improvements may be required. If the surface water is drained sustainably, this will only apply to the foul drainage.
- Severn Trent may need to undertake a more comprehensive study of the catchment to determine if capital improvements are required.
- If Severn Trent needs to undertake capital improvements, a reasonable amount of time will need to be determined to allow these works to be completed before any additional flows are connected.
Severn Trent Water advise that although their statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under the Transfer of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.
Suitable habitat for reptiles should be searched by suitably qualified ecologists followed by removal or cutting. 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.
If protected species are found during works, work should cease until a suitable qualified ecologist has been consulted.
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.
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
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 landowner must first be obtained. The responsibility for meeting any claims for damage to such features lies with the applicant.
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.
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.
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
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.
Updates
Representations from The Environment Agency, an objection on behalf of Scottish and Newcastle plc, and two objections from local residents were received after the agenda was published and were circulated to the committee before the meeting.
In accordance with the Council’s Public Speaking Protocol Frank Gillespie (the applicant), David Sagstad (objector), David Parsons (objector) and Councillor Gordon Wheeler (ward councillor) addressed the committee.
Comments
The committee raised concerns over the environmental impact of the application, as the loss of a lime tree would be significant. The committee were also concerned that the proposal would have unacceptable impacts on the highway network and on the amenities of properties in Bede Ling.
DECISION
PLANNING PERMISSION REFUSED FOR THE FOLLOWING REASONS.
1. The proposal would result in the loss of a substantial protected Lime Tree which occupies a prominent position close to the frontage of the site, and makes a significant contribution to the amenities and character of the area. The proposal is therefore contrary to 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 Rushcliffe Local Plan Part 1: Core Strategy.
2. Whilst the application sought outline planning permission for the residential element of the scheme, with all matters except access reserved for subsequent approval, it has not been adequately demonstrated that the quantum of development referred to in the supporting documents and on the application form, and indicated on the illustrative plans can be accommodated on the site without detriment to the amenities of residential properties on Bede Ling. The proposal is therefore contrary to 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 Rushcliffe Local Plan Part 1: Core Strategy.
3. The Borough Council is not satisfied that the submission adequately demonstrates that the cumulative effect of traffic generated by the development in combination with committed development in the area can be accommodated on the highway network without causing unacceptable impacts on traffic flows, thereby causing congestion and adverse impacts on highway safety, contrary to Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan.
Representation from a member of the public in support of the application, three objections by a member of the public and one general comment by the member of the public were received after the agenda was published and were circulated to the committee before the meeting.
In accordance with the Council’s Public Speaking Protocol Mr Neil Clarke (objector) and Councillor Tina Combellack (ward councillor) addressed the committee.
Comments
Members of the committee raised concerns over increased harm to the environment, the detrimental effect to the village scene and inadequate parking if the planning application was granted. Members also considered that the proposal would have an adverse impact on the setting of the adjacent listed building and the character and appearance of the conservation area.
DECISION
PLANNING PERMISSION BE REFUSED FOR THE FOLLOWING REASONS.
1. The Grantham Canal and Hickling Basin are Designated as a Local wildlife Site and the proposal, by reason of the nature of the development and increased activity associated with the intended commercial use of the basin, would have an unacceptable and adverse impact on the biodiversity, wildlife and habitats within and around the Hickling Basin, contrary to Policy 17 (Biodiversity) of the Rushcliffe Local Plan Part 1: Core Strategy.
2. The proposal would impact on the open character of the basin, by reason of the introduction of structures on the open water, thereby detracting from the character and amenities of the area. In addition, the activity associated with the commercial use of the boats, particularly the holiday accommodation, would be likely to generate increased noise and disturbance to the detriment of the amenities of the area and nearby residential properties. Therefore, the proposal would be contrary to 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 Rushcliffe Local Plan Part 1: Core Strategy.
3. The proposal makes insufficient provision for parking of vehicles, which is likely to result in the displacement of vehicles and increased pressure for on street parking, exacerbating the existing parking congestion along Main Street, to the detriment of the free flow of traffic on the public highway and highway safety. The proposal is therefore contrary to Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan.
4. The permanent mooring of narrow boats and a wide beam boat on the basin for commercial purposes would introduce clutter into otherwise open water and would interrupt panoramic views across the basin, identified in the Hickling Conservation Area Townscape Appraisal, to the detriment of the character and appearance of the area. In addition, the activity associated with the boats, particularly the holiday accommodation would be likely to cause noise and disturbance to an otherwise tranquil area, which is considered to form part of the character of this part of the Conservation Area. The proposal would therefore cause harm to the character and appearance of the area and would fail to preserve or enhance the character and appearance of this part of the Conservation Area, and would not achieve the objective described as desirable in Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990. It is not considered that any public benefits have been identified that outweigh this harm and the proposal is contrary to Chapter 16 - Conserving and enhancing the historic environment of the National Planning Policy Framework. The proposal is also contrary to Policy EN2 (Conservation Areas) of the Rushcliffe Borough Non-Statutory Replacement Local Plan and Policy 11 (Historic Environment) if the Rushcliffe Local Plan Part 1: Core Strategy.
5. The Hickling basin forms an important element of the setting to the adjacent canal warehouse, a Grade II listed building, and the permanent mooring of narrow boats and a wide beam boat on the basin for commercial purposes would introduce clutter into otherwise open water, adversely affecting the setting of the listed building. The proposal would therefore cause harm to and fail to preserve the setting of the listed building, and would not achieve the objective described as desirable in Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. It is not considered that any public benefits have been identified that outweigh this harm and the proposal is contrary to Chapter 16 - Conserving and enhancing the historic environment of the National Planning Policy Framework. The proposal is also contrary to Policy EN2 (Conservation Areas) of the Rushcliffe Borough Non-Statutory Replacement Local Plan and Policy 11 (Historic Environment) if the Rushcliffe Local Plan Part 1: Core Strategy.
In accordance with the Council’s Public Speaking Protocol Councillor Tina Combellack (Ward Councillor) addressed the committee.
DECISION
1. The kiosk building shall only be used in connection with events occurring within the grounds of the Public House on occasions covered by a temporary events licence.
[To accord with the submitted Design and Access Statement and to limit use of the building and potential intensification of use of outdoor spaces 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 Local Plan Part 1: Core Strategy].
2. The kiosk shall be open for the service of customers on such occasions only between midday and 9pm.
[To accord with the submitted Design and Access Statement and Noise Management Plan and to limit use of the building and potential intensification of use of outdoor spaces in the evenings 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 Local Plan Part 1: Core Strategy].
3. When in operation events involving the use of the kiosk shall be subject to monitoring and control as outlined in the submitted noise management plan.
Representation from Nottinghamshire County Council as Highway authority and from the neighbour at 32 Gordon Road were received after the agenda was published and were circulated to the committee before the meeting.
In accordance with the Council’s Public Speaking Protocol Robert Jachacz (objector) addressed the committee.
DECISION
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 plan(s) received on 25 June 2019.
[For the avoidance of doubt and to comply with policy GP2 (Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local Plan].
3. The materials specified in the application shall be used for the external walls and roof of the development hereby approved and no additional or alternative materials shall be used.
[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].
4. The premises shall only be used for the use hereby permitted between the hours of Monday - Friday 0800 - 1800 hours, Saturday 0900 - 1700 hours, Sunday / Bank Holidays - no work activity.
[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].
5. Delivery and waste collection times shall be restricted to the following times:-
Monday-Friday 0700 1800 hours
Saturday 0800 1700 hours
Sunday/Bank Holidays No deliveries or waste collection
[In order to cause the minimum amount of disturbance to residents and to comply with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan]
6. No development shall commence until the off-site traffic management works comprising of the relocation of an advisory 20mph speed limit road sign on Blake Road is provided in accordance with details to be first submitted to and approved in writing by the Borough Council.
[To enable unobstructed access to the site over the extended dropped kerb access and to prevent the sign to be damaged and to comply with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan]
7. There shall be no vehicular access on to the site from Gordon Road and, prior to the use hereby approved commencing, a suitable form of barrier shall be provided across the site frontage and thereafter retained for the life of the development. Details of which shall be submitted to and approved in writing by the Borough Council.
[To prevent unsafe and inappropriate vehicular access in this location and in the interest of highway and pedestrian safety and to comply with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan]
8. No part of the development herby permitted shall be brought into use until pedestrian visibility splays of 1.0 meters x 1.0 meters are provided on each side of the vehicle access. These measurements are taken from and along the highway boundary. The area of land within these splays shall be maintained free from all obstruction over 0.6 meters above the carriageway level at all times.
[In the interest of pedestrian safety and to comply with Policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough Non-Statutory Replacement Local Plan].
Notes to Applicant
The development makes it necessary to amend a vehicular access over a verge of the public highway and relocate an existing highway sign. These works shall be constructed to the satisfaction of the Highway Authority. You are therefore required to contact the County Council's Highway Management Section (South) on 0300 500 8080 to arrange for these works to be carried out.
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.
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.
Supporting documents:
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Planning Applications - 18 July 2019, item 53.
PDF 311 KB -
1. platt lane, item 53.
PDF 253 KB
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1. 18.02412.FUL - Platt Lane Keyworth, item 53.
PDF 773 KB
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1. S106 Table platt lane station road 25.5.19, item 53.
PDF 343 KB
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2. wilford lane, item 53.
PDF 267 KB
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2. 18.02920.HYBRID - WILFORD LANE WB, item 53.
PDF 672 KB
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2. 1802920HYBRID S106 Table Wilford Lane, item 53.
PDF 276 KB
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3. hickling basin agenda, item 53.
PDF 160 KB
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3. 19.00045.COU - Hickling Basin, item 53.
PDF 436 KB
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4. unicorn agenda, item 53.
PDF 188 KB
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4. 19.00914.FUL - Unicorn Langar, item 53.
PDF 245 KB
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5. gordon road agenda, item 53.
PDF 274 KB
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5, 19.00217.FUL - 21 Gordon Road West Bridgford, item 53.
PDF 239 KB
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Late Representations, item 53.
PDF 295 KB