Council and Democracy

Agenda item

Planning Applications

Meeting of Planning Committee, Thursday, 12th May, 2022 2.30 pm (Item 36.)

The report of the Director – Development and Economic Growth.

Minutes:

The Committee considered the written report of the Director – Development and Economic Growth relating to the following applications, which had been circulated previously.

As Ward Councillors for Ruddington, Councillor G Dickman and Councillor J Walker removed themselves from the meeting and did not take part in the following discussion or vote on the next item.

21/01768/FUL – Residential development of 24 No. dwellings and associated landscaping – Land East of Loughborough Road, Ruddington, Nottinghamshire.

Updates

An additional representation was received after the agenda had been published and was circulated to the Committee before the meeting.

In accordance with the Council’s Public Speaking Protocol for Planning Committee, Mr T Dillarstone (Applicants Agent), Mr C Seagrave (Objector) and Councillor J Walker (Ward Councillor) addressed the Committee.

DECISION

THE DIRECTOR – DEVELOPMENT AND ECONOMIC GROWTH BE AUTHORISED TO GRANT PLANNING PERMISSION SUBJECT TO THE PRIOR SIGNING OF A SECTION 106 AGREEMENT AND 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 shall be carried out in strict accordance with the following approved plans:

S11-19-SR-2 (Soar)

S11-19-SR(PC)-2 (Soar)

S11-19-KD-1 SP (Kildale)

S11-19-HY-1 (Helmsley)

S11-19-DL-1-SP Dalton)

S11-19-BD-1 (Bedale)

S11-19-SV-4 (Severn)

S11-19-SR(PC)-2 (Soar)

S11-19-SL-2-SP (Solway)

S11-19-SD-4 (Swindale)

S11-19-RR-1-SP (Rother)

S11-19-MM-2 (Minsmere)

S11-19-LA-7 (Lea)

S11-19-DK-1 (Denwick)

S11-19-DE-1 (Dove)

S11-19-BM(PC)-2 (Beamish)

15-819 GB07 (Garage)

15-819 GB06 (Garage)

P20-2335_001 Rev E

P20-2335_005 Rev R - Sheet 1 Planning Layout

P20-2335_005 Rev Q - Sheet 2 Planning Layout

P20-2335_005 REV D Refuse Vehicle Tracking Plan

P20-2335_006 Rev M - Materials

P20-2335_007 Rev R – Boundary Treatments Plan/Mitigation Layout Plan

P20-2335_008 Rev M - Hard Landscaping Plan

P20-2335_011 Rev E - Garden Compliance Plan

P20-2335_012 Rev D - EVCP

P20-2335_013 Rev B - Open space plan

P20-2335_100 Rev L - Soft Landscape

Access Extract

101 Rev E - Drainage Area

140 Rev N - Drainage

[To ensure an acceptable development in accordance with Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan part 1: Core Strategy and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.]

3. The development hereby permitted shall only be constructed in accordance with the materials as detailed on the approved materials plan - P20-2335_006 Rev L, unless details are otherwise submitted to and agreed in writing by the Borough Council.

[To ensure an acceptable development in accordance with Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.]

4. The boundary treatment and means of enclosure, as detailed on plan reference - P20-2335_007 Rev P, shall be erected prior to the occupation of the respective dwelling(s)

[To ensure an acceptable appearance to the development and to comply with Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Local Plan Part 2: Land and Planning Policies].

5. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

a) the parking of vehicles of site operatives and visitors

b) loading and unloading of plant and materials

c) storage of plant and materials used in constructing the development

d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

e) wheel washing facilities

f) measures to control the emission of dust and dirt during construction

g) a scheme for recycling/disposing of waste resulting from demolition and construction works.

h) The routing of deliveries and construction vehicles to site and any temporary access points.

[In the interest of highway safety, and to minimise disruption to users of the public highway and protect the amenity of local residents.]

6. No development shall take place, excluding topsoil strip, earthworks to form balancing ponds and foul sewer diversion, survey works in connection with ecology and archaeology, 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.

[In the interests of highway safety.]

7. No dwelling shall be occupied until the vehicle access, parking, maneuvering, and turning areas for that dwelling have been constructed in accordance with the approved drawings, and are available for use.

[In the interests of highway safety.]

8. Occupation of the proposed dwellings shall not take place until their respective driveways have been surfaced in a bound material (not loose gravel) for a minimum distance of 5 metres behind the highway boundary, and which shall be drained to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

[In the interests of highway safety.]

9. If during the course of carrying out the development hereby permitted any unexpected contamination is found that has not been previously identified, it must be reported to the Local Planning Authority within (48 hours). All development on the site must cease immediately and must not recommence until a written scheme for the investigation and risk assessment of the unexpected contamination has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme must be prepared by a suitably qualified 'competent person' (as defined in the National Planning Policy Framework July 2021) and must be in accordance with the Environment Agency's 'Land Contamination Risk Management' (LCRM).

[To ensure that a satisfactory assessment of any land contamination and an appropriate strategy for its remediation from the site is carried out to ensure that the site is suitable for the approved development without resulting any unacceptable risk to the health of any construction workers, future users of the site, occupiers of nearby land or the wider environment having regard to Policy 1 (Presumption in Favour of Sustainable Development) of the Rushcliffe Local Plan Part 1: Core Strategy (2014), Policies 39 (Health Impacts of Development) and 40 (Pollution and Land Contamination) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraphs 183 and 185 of the National Planning Policy Framework).]

10. Where remediation of the contamination is necessary no further development shall commence on the site until a Remediation Strategy (RS) has been submitted to and approved in writing by the Local Planning Authority. The submitted RS must include:

a) full details of how the contamination on the site is to be remediated and include (where appropriate) details of any options appraisal

undertaken;

b) the proposed remediation objectives and criteria, and;

c) a verification plan.

The RS must demonstrate that as a minimum the site after remediation will not be capable of being classified as contaminated land under Part 2A of the Environmental Protection Act 1990.

11. The development hereby permitted must not be occupied or first brought into use until the site has been remediated in accordance with the approved RS and a written Verification Report confirming that all measures outlined in the approved RS have been successfully carried out and completed has been submitted to and approved in writing by the Local Planning Authority. The Verification Report must include, where appropriate the results of any validation testing and copies of any necessary waste management documentation.

12. Any topsoil (natural or manufactured), or subsoil that is to be imported onto the site must be assessed for chemical or other potential contaminants in accordance with a written scheme of investigation which shall be submitted to and approved in writing by the local planning authority prior to the material being bought onto the site. Only material that has been tested in accordance with the approved investigation scheme shall be imported onto the site.

13. The development hereby permitted must not commence until a Noise Impact Assessment (NIA) has been submitted to and approved in writing by the Local Planning Authority. The NIA must be prepared by a suitably qualified acoustician and as a minimum must include the following:

a) A survey of the existing level of noise on and around the site, identifying the locations of all noise generating source(s) and the maximum and minimum noise levels from those source(s) from within and around the site;

b) A prediction of the level of noise impact on the proposed development as a result of existing noise source(s) around the site;

c) Propose mitigation measures to protect future occupiers of the proposed development from existing noise generated off the site. The development hereby permitted must be carried out and completed in accordance with the approved NIA and any mitigation measures proposed must be fully implemented prior to the development being occupied or first bought into use.

[To ensure that future occupiers of the development hereby approved are not adversely affected by unacceptable noise pollution from nearby sources having regard to Policies 1 (Development Requirements), 39 (Health Impacts of Development) and 40 (Pollution and Contaminated Land) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and paragraphs 185 and 187 of the NPPF (July 2021).]

14. 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 an in the interests of encouraging sustainable forms of travel in accordance with the aims of Policy 24 of the Rushcliffe Local Plan Part 1: Core Strategy.]

15. The dwelling(s) hereby permitted must not be occupied until the Electric Vehicle Charging point(s) (EVCP's) shown on drawing P20-2335_012 Rev B have been installed in accordance with that drawing. Thereafter an EVCP must be permanently retained at the dwelling(s) in accordance with the approved drawing throughout the lifetime of the development.

[To promote sustainable transport measures that will help lead to a reduction in carbon emissions within the Borough and help contribute towards a reduction in general air quality having regard to Policy 2 (Climate Change) of the Local Plan Part 1: Core Strategy (2014) and Policy 41 (Air Quality) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraph 110 of the National Planning Policy Framework

16. The development hereby permitted must not be occupied or first brought into use until the 'biodiversity gain' improvements outlined in the Ecological Assessment dated May 2021 submitted with the application have been completed in accordance with that report. Thereafter the biodiversity gain improvements must be retained on the site throughout the lifetime of the development.

[To ensure the development contributes to the enhancement of biodiversity on the site having regard to Policy 17 (Biodiversity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policy 38 (Non-Designated Biodiversity Assets and the Wider Ecological Network) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019); Chapter 15 (Conserving and enhancing the natural environment) of the National Planning Policy Framework]

17. The hard and soft landscaping shown on the submitted drawings P20-2335_008 Rev L and P20-2335_100 Rev L must be carried out and completed in accordance with those approved details not later than the first planting season (October - March) following either the substantial completion of the development hereby permitted or it being first brought into use, whichever is sooner. If within a period of 5 years from the date of planting, any tree or shrub planted as part of the approved LS is removed, uprooted, destroyed, dies or becomes diseased or damaged then another tree or shrub of the same species and size as that originally planted must be planted in the same place during the next planting season following its removal.

[To ensure the development creates a visually attractive environment and to safeguard against significant adverse effects on the landscape character of the area having regard to Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 12 (Achieving Well-designed Places) of the National Planning Policy Framework.]

18. No development shall take place until the applicants, or their agents or successors in title, have secured the implementation of a programme of archaeological control and supervision to be carried out on service routes within the site, by a professional archaeologist or archaeological organisation. The details of such a scheme of investigation shall be submitted to and approved in writing by the Borough Council also prior to the commencement of the development on the site.'

[o ensure that any unexpected archaeology is appropriately recorded and investigated in a manner proportionate to its significance having regard to Policy 11 (Historic Environment) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); and Policies 28 (Historic Environment: Conserving and Enhancing Heritage Assets) and 29 (Development Affecting Archaeological Sites) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 16 (Conserving and enhancing the historic environment) of the National Planning Policy Framework.]

19. The development hereby permitted must not be occupied or first brought into use until details of any proposed street lighting have been submitted to and approved in writing by the Local Planning Authority.

[In the interests of highway safety and to protect the amenities of the area having regard to Policy 10 (Design and Enhancing Local Identify) of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).]

20. None of the dwellings within the development hereby permitted shall be occupied until the optional requirement for water efficiency (i.e: not exceeding 110 litres per person per day) set out at Regulation 36(2)(b) of the Building Regulations 2010 as amended) (or any equivalent regulation revoking and/or re-enacting that Statutory Instrument) has been complied with. Thereafter this water efficiency standard must be retained throughout the life of each dwelling on the site

[To promote a reduction in water consumption having regard to Policy 12 (Housing Standards) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)]

21. The development hereby permitted must not commence until details of both the existing and proposed land levels across the site and relative to adjoining land, together with the finished floor levels of the proposed building(s), have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development hereby permitted must be carried out and completed in accordance with the approved details.

[To ensure the satisfactory appearance of the development in respect of its relationship to adjoining properties having regard to policies 10 (Design and Enhancing Identity)) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 12 of the National Planning Policy Framework.]

Councillor G Dickman and Councillor J Walker re-joined the meeting.

21/02484/FUL – Two storey side and rear extension – 2 Cambridge Road, West Bridgford, Nottinghamshire

Updates

There were no late representations or speakers for this item.

DECISION

PLANNING PERMISSION BE GRANTED 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 strictly in accordance with the following approved drawings, received on the 27th August 2021:

· Floor plans and elevations

· Planning application form

· Plans as existing

· Site location plan

· Site plan

[For the avoidance of doubt having regard to policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

3. The external materials to be used in the development hereby permitted shall be in strict accordance with those specified in the application.

[To ensure the appearance of the development is satisfactory having regard to policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and the Rushcliffe Local Plan Part 2: Land and Planning Policies]

NOTES TO APPLICANT

Please be advised that all applications approved on or after the 7th October 2019 may be subject to the Community Infrastructure Levy (CIL). The Borough Council considers that the approved development is not CIL chargeable. Further information about CIL can be found on the Borough Council's website at https://www.rushcliffe.gov.uk/planningandgrowth/cil/

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 owner of the neighbouring property claims that there is a legal right of access to your ground in order to maintain that property. You may wish to seek legal advice as to whether that is the case. This grant of planning permission does not override or supersede any such right.

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.

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 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 possible that the roof space, and/or behind the soffit, fascia boards, etc. may be used by bats. You are reminded that bats, their roosts and access to roosts are protected and it is an offence under the Countryside and Wildlife Act 1981 to interfere with them. If evidence of bats is found, you should stop work and contact Natural England on 0300 060 3900 or by email at enquiries@naturalengland.org.uk.

22/00570/CTY – Erection of a Primary School for 1.5 Forms of Entry, plus 26 place Nursery with associated Car Parking. Associated areas of soft play, hard play, grass playing field with landscaping works. Erection of 2.4m high security fencing and gates to perimeter and sprinkler tank. Provision of bound surface and lit cycle and footpath on route of public footpath East Leake FP5 – 53 Evans Road, East Leake, Nottinghamshire.

Update

An additional representation was received after the agenda had been published and was circulated to the Committee before the meeting.

Comments

Members suggested additional consideration be given to of vehicular access, including traffic management, pedestrian and cycle routes to and from the school and a carbon management plan.

DECISION

THE COUNTY COUNCIL BE INFORMED THAT THE BOROUGH COUNCIL DOES NOT OBJECT TO THE PROPOSAL SUBJECT TO THE FOLLOWING CONDITIONS (ALONG WITH ANY OTHER CONDITIONS THAT THE COUNTY COUNCIL CONSIDER APPROPRIATE):

1. The development hereby permitted may not be begun until a Biodiversity Gain Plan (BGP) has been submitted to and agreed in writing by the County Planning Authority, the development shall be carried out in accordance with the approved BGP.

[As required by Paragraph 13 of Part 2 of Schedule 7A of the Town and Country Planning Act 1990 (as amended by the Environment Act 2020.]

2. The development hereby approved shall not commence until the recommendations listed in the Preliminary Ecological Assessment Report (PEAR) have been undertaken and relevant reports containing any mitigation measures have been submitted to the County Planning Authority. Thereafter the development shall be carried out in accordance with the recommendations contained within the details and retained as such for the lifetime of the development

3. The hard and soft landscaping shown on the submitted drawings must be carried out and completed in accordance with those approved details not later than the first planting season (October - March) following either the substantial completion of the development hereby permitted or it being first brought into use, whichever is sooner. If within a period of 5 years from the date of planting, any tree or shrub planted as part of the approved landscaping scheme is removed, uprooted, destroyed, dies or becomes diseased or damaged then another tree or shrub of the same species and size as that originally planted must be planted in the same place during the next planting season following its removal.

4. The development hereby permitted must not commence and no preparatory operations in connection with the development hereby permitted (including demolition, site clearance works, fires, soil moving, temporary access construction and/or widening, or any operations involving the use of motorised vehicles or construction machinery) shall take place on the site until a detailed Arboricultural Method Statement (AMS) prepared in accordance with BS5837:2012 'Trees in relation to design, demolition and construction - Recommendations', has been submitted to and approved in writing by the County Planning Authority and all protective fencing has been erected as required by the AMS. The AMS must include full details of the following:

a) The timing and phasing of any arboricultural works in relation to the approved development;

b) Detailed tree felling and pruning specification in accordance with BS3998:2010 Recommendations for Tree Works;

c) Details of a Tree Protection Scheme in accordance with BS5837:2012 which provides for the retention and protection of trees, shrubs and hedges growing on or adjacent to the site which are to be retained or which are the subject of any Tree Preservation Order;

d) Details of any construction works required within the root protection area as defined by BS5837:2012 or otherwise protected in the Tree Protection Scheme;

e) Details of the location of any underground services and methods of installation which make provision for protection and the long-term retention of the trees on the site. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, no services shall be dug or laid into the ground other than in accordance with the approved details;

f) Details of any changes in ground level, including existing and proposed spot levels, required within the root protection area as defined by BS5837:2012 or otherwise protected in the approved Tree Protection Scheme;

g) Details of the arrangements for the implementation, supervision and monitoring of works required to comply with the AMS.

[To ensure the adequate protection of the existing trees and hedgerows on the site during the construction of the development having regard to regard to Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policies 37 (Trees and Woodlands) and 38 (Non-Designated Biodiversity Assets and the Wider Ecological Network) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 15 (Conserving and Enhancing the Natural Environment) of the National Planning Policy Framework 2021.]

5. Any aggregate (other than virgin quarry stone), topsoil (natural or manufactured), or subsoil that is to be imported onto the site must be assessed for chemical or other potential contaminants in accordance with a written scheme of investigation which shall be submitted to and approved in writing by the County planning authority prior to the material being bought onto the site. Only material that has been tested in accordance with the approved investigation scheme shall be imported onto the site.

[To ensure that any unexpected contamination that is encountered is appropriately remediated so that the site is suitable for the approved development without resulting any unacceptable risk to the health of any construction workers, future users of the site, occupiers of nearby land or the wider environment having regard to Policy 1 (Presumption in Favour of Sustainable Development) of the Rushcliffe Local Plan Part 1: Core Strategy (2014), Policies 39 (Health Impacts of Development) and 40 (Pollution and Land Contamination) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraphs 178 and 177 of the National Planning Policy Framework 2021.]

Informatives:

· The technical input of the Highway Authority, the Lead Local Flood Authority and Archaeological Team are recommended to be sought

· Consideration be given to the environmental credentials of the building through the use of solar panels etc.

· The Borough Council also advises the County Council to consider the implications of the Traffic Regulation Orders in the event that such controls are not secured through the democratic process.

· Consideration should be given to a dedicated vehicular drop-off/pick-up zone outside of the school, including for buses/coaches.

· Consideration should be given to the provision of a dedicated gathering area for parents/guardians etc so as not to block the public footpath/ pavements/ cycle paths for other users at school start and end times. Consideration should also be given to secure provision of children’s scooters

· Yellow “zig-zag” highway markings should be provided. A crossing patrol would also increase children’s safety

· Consideration should be given to the provision of vehicular access to the playing fields by emergency vehicles.

Supporting documents:

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