Agenda item

Application for the erection of 63.no residential dwellings with associated infrastructure.

 

Land off Station Road  Swineshead  Boston

 

Ashley King (Developments)

 

Application for the erection of 61 no. residential dwellings (revised down from 62) with associated infrastructure.

Land off Station Road  Swineshead  Boston  PE20 3NX

Ashley King (Developments) Ltd

 

The Senior Planning Officer presented the report and confirmed one update to the report tabled:  a further objection had been received from Fairmont, Station Road, Swineshead citing objections in respect of substantial increased traffic activity and requesting that a secondary access road be developed through villa lane.

 

Committee received no representation in respect of this report.

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Stephen Woodliffe that the application be granted in line with officer recommendation and subject to the conditions therein:

 

VOTE:      In Favour    12.        Against   0.        Abstention 0.

 

RESOLVED:   that the Planning Committee resolve that they are minded      to approve this application subject to conditions and:

 

a)    any permission is not released until the applicants have entered into a section 106 planning obligation with the Council relating to a necessary and directly related financial contribution of £124,040 for education, and the level of affordable housing which should not be less than 15% in accordance with the findings of the independent DVS report, and

 

b)  authority is delegated to the Development Control Manager to approve this application upon satisfactory completion of the planning obligation. If the obligation is not concluded within three months of instructions, the application will be returned to Committee.

 

 

CONDITIONS AND REASONS

 

1.            The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 

 

Reason:      Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

 

2.            The development hereby permitted shall be carried out in accordance with the following approved plans:

§  241.1079-100.P.01 ‘The Lock – Floor Plans and Elevations’ (1/18)

§  241.1080-100.P.01 ‘The Mere – Floor Plans and Elevations’ (2/18)

§  241.1770-100.P.01 ‘Plots 6, 13,  21 and 28 – Floor Plans and Elevations’  (3/18)

§  241.711-100.P.01 ‘The Welland – Floor Plans and Elevations’ (4/18)

§  241.870-100.P.01 ‘The Sparta – Floor Plans and Elevations ’ (5/18)

§  241.932-100.P.01 ‘The Coronation – Floor Plans and Elevations’ (6/18)

§  241.A732-100.P.01 ‘Plots 9, 10, 11, 29 and 30 – Floor Plans and Elevations’ (7/18)

§  241.DDG.P.01 ‘Garage Details – Floor Plans and Elevations’ (9/18)

§  241.K2S4B03-B.P.01 ‘Plots 14 and 15 – Floor Plans and Elevations’ (10/18)

§  241.K2S4B04-R.P.01’Plots 3, 12, 18 and 31 – Floor Plans and Elevations’ (11/18)

§  241.K2S4B05-R.P.01 ‘Plot 17 – Floor Plans and Elevations’ (12/18)

§  241.K2S4B02-R.P.01 ‘Plots 2, 16, 19, 20, 26, 32, 36, 37 and 51 – Floor Plans and Elevations’ (13/18)

§  241.LP.01 ‘Location Plan’ (14/18)

§  241.SL.01 Rev C ‘Site Layout’ (15A/18)

§  241.DSG.P.01 ‘Garage Details – Floor Plans and Elevations’ (16/18)

§  241.TSG.P.01 ‘Garage Details – Floor Plans and Elevations’ (17/18)

§  241.A902-100.P.01 ‘Plots 22, 23, 24 and 25 – Floor Plans and Elevations’ (18/18)

            And drawing no. 3829-02 A ‘Proposed Foul and Surface Water Drainage Strategy’ received 6 July 2016

 

Reason:   To ensure the development is undertaken in accordance with the approved details and to accord with the objectives of Local Plan policyG1.

 

3.            The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented. The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing:

a)   A Phase I desk study carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk study shall establish a 'conceptual model' of the site and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/ Quantitative Risk Assessment (or state if none required). Two full copies of the desk study and a non-technical summary shall be submitted to the Local Planning Authority.

b)   A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use. Two full copies of the site investigation and findings shall be forwarded to the LPA.

Reason:    To ensure potential risks arising from previous site uses have been fully assessed and to accord with Local Plan Policy G1.

 

4.            Where the risk assessment (see preceding condition) identifies any unacceptable risk or risks, a detailed remediation strategy to deal with land contamination and/or pollution of controlled waters affecting the site shall be submitted and approved by the LPA. No works, other than investigative works, shall be carried out on the site prior to receipt of written approval of the remediation strategy by the Local Planning Authority.

Reason:    To ensure the proposed remediation plan is appropriate and to accord with Local Plan Policy G1.

 

5.            Remediation of the site shall be carried out in accordance with the approved remediation strategy (see preceding condition). No deviation shall be made from this scheme without the express written agreement of the Local Planning Authority.

 

Reason:    To ensure site remediation is carried out to the agreed protocol and to accord with Local Plan Policy G1.

 

6.            On completion of remediation, two copies of a closure report shall be submitted to the LPA. The report shall provide validation and certification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the closure report.

Reason:    To ensure all contamination within the site is dealt with and to accord with Local Plan Policy G1.

 

7.         If during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination will be dealt with. The remediation strategy shall be implemented as approved.

Reason:    To ensure that any unforeseen contamination encountered during development is dealt with in an appropriate manner in accordance with Local Plan Policy G1.

 

8.         No dwelling shall be built above slab level until details of the materials proposed to be used in the construction of the external surfaces have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the new buildings are in keeping with the character of the area and to accord with Adopted Local Plan Policy G1.

 

9.         The first property shall not be occupied until full details of hard and soft landscaping works for the whole site have been submitted to and approved in writing by the local planning authority. The details shall include:

i.  hard surfacing materials

       ii.  minor structures/ planters

       iii. planting schedules (species, sizes, and planting densities)

       iv. proposals and layout for the Local Area for Play

 

Reason:    In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires local planning authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily in accordance with saved Local Plan Policies G1, G2 and H3.

 

10.       All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of the first dwelling.  Any trees, plants, grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size species or quality.

 

Reason:   In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires local planning authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily.  The condition accords with Adopted Local Plan Policy G1.

 

11.       Before any development is commenced above slab level details of all walls and fences, including details of their height, design and position, shall be submitted to and approved in writing by the Local Planning Authority and such scheme as may be approved shall be constructed prior to the occupation of the first dwelling within the development hereby approved.

 

            Reason:  In the interests of the visual amenities of the area and to accord with Policy G1 of the Adopted Local Plan.

 

12.       No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall:

 

(a) Provide details of how run-off will be sfaely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site;

 

(b)Provide attenuation details and discharge rates which shall be restricted to 1.4 litres per second per hectare;

 

(c) Provide details of the timetable for and any phasing of implementation for the drainage scheme; and

 

(d)Provide details of how the scheme shall be maintained and managed over 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 development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.

 
Reason:    In accordance with the details of the application and to ensure for the satisfactory, sustainable drainage of the site, to ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety amenity and convenience of the residents of this site and vicinity and to accord with Adopted Local Plan Policies G1 and G6. This is a pre-commencement condition as the drainage strategy is a fundamental part of the layout and the details need to be agreed prior to any form of development taking place.

 

13.       No dwelling shall commence until details of an affordable housing scheme for the 9 units have been submitted to and approved in writing by the local planning authority. These details shall include:The arrangements to ensure that such provision is affordable for both first and subsequent occupiers in perpetuity of the affordable housingThe occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced

§  The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

§  The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

§  The number of affordable housing units to be delivered and the tenure split between  affordable rented and shared equity.

 

       Reason:    To provide affordable housing to accord with the objectives of the National Planning Policy Framework.

 

14.       Prior to the commencement of any part of the development hereby permitted, details shall be submitted to and approved by the local planning authority for the provision of a fire hydrant/s or other acceptable alternative. The fire hydrant/s (or other acceptable alternative) as approved in writing by the local planning authority shall be installed/agreed prior to the occupation of any dwelling approved by this consent.

 

            Reason:     To enable the protection and maintenance of the development and to accord with Adopted Plan Policy G1. This is a pre-commencement condition as provision for the hydrants needs to be assessed at layout stage.

 

15.       Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to the local planning authority for approval. The Construction Management Plan will prescribe where site accommodation and welfare facilities will be placed, where site vehicles and the vehicles of site personnel will be parked and where materials will be delivered and stored within the site. Construction of the permitted development shall be undertaken in accordance with the approved Construction Management Plan.

Reason:  In the interests of the safety and free passage of the public and to accord with the objectives of Local Plan policies G1 and G6.