Agenda item

Application for approval of reserved matters for Phase 3 of residential development comprising of 33 no. dwellings including access, appearance, landscaping, layout and scale.

 

Land at Broadfield Lane / Grayling Way  Boston  Lincolnshire  PE21 8BQ

 

Mr A Parker

Application for approval of reserved matters for Phase 3 of residential development comprising of 33 no.dwellings including access, appearance, landscaping, layout and scale

 

Land at Broadfield Lane/Grayling Way, Boston Lincolnshire PE21 8BQ

 

Mr A Parker

 

The Senior Planning Officer presented the report and confirmed one update to the report tabled.  He advised that a further four conditions would be added to those already identified, all of which would refer to issues pertaining to land contamination.  The additional conditions were discussed with the Environmental Health Officer due to the proposed temporary use of the allotments gardens as a construction compound.

 

Representation was received by the applicant’s agent Mr Finch which included:

 

Reiterating the reason for application before committee as being a reserved matters application committee were advised that the Deed of Variation sought to establish some certainty of the delivery of certain elements of the original outline scheme including an equipped play area to meet current standards particularly in terms of spacial separation from existing dwellings and the CCTV provision which remained as initial stated. It was also prescriptive in regard to the delivery of the deferred delivery of the allotment land.   Most significant of which had been the re-negotiation of the commuted sum which would be paid by the applicants for the future maintenance of the facility:  the sum had significantly increased from £17.800 to £60.000 following extensive negotiations and discussion between the applicant and the local authority.

Consultation with specialist play providers had resulted in the applicant reviewing the type of equipment to be used with both its appeal and durability.  The equipment would be installed prior to the commencement of any further dwellings being built on the development. 

Referencing the provision of allotment land Mr Finch confirmed the designated area remained unaffected be previous phases and had provided an ideal opportunity of providing a temporary   construction access to serve delivery of phase 3 and possible phase 4. With access via the industrial estate which was accustomed to the movement of larger commercial vehicles. 

 

It was moved by Councillor Jonathan Edwards and seconded by Councillor Paul Skinner that the application by granted in line with officer recommendation; subject to the reasons and conditions therein and subject to the additional four conditions in respect of land contamination.

 

Vote:    In Favour:   10.        Against:    0.      Abstentions:    0.

 

 

RESOLVED:     That the committee grant the application in line with officer recommendation subject to the under mentioned provisos and for the following recommendations:

 

§Any approval of reserved matters is not released until the deed of variation is completed.

 

§Authority is delegated to the Development Control Manager to approve this application upon satisfactory completion of the deed of variation.

 

1                     The development hereby permitted shall be begun before the

expiration of two years from the date of this approval.

 

            Reason:            Required to be imposed pursuant to Section 92 of the

           Town and Country Planning Act 1990.

 

2          The development hereby permitted shall be carried out in accordance

           with the following approved plans :

 

            Location plan ref BR0/17/P001 (1/16)

            Site Plan as Proposed ref BR0/17/P015 (2/16)

            Plots 1 and 2 floor plans 2B4P ref BR0/17/P002 (4/16)

            Plots 1 and 2 elevations 2B4P ref  BR0/17/P003 (5/16)

            Plots 3-5 and 6-8 floor plans 2B4P ref BR0/17/P004 (6/16)

            Plots 3-5 and 6-8 elevations 2B4P ref BR0/17/P005 (7/16)

            Plots 9-12 and 18-21 floor plans 4B4P ref BR0/17/P006 (8/16)

            Plots 9-12 and 18-21 elevations 2B4P ref BR0/17/P007 (9/16)

            Plots 13 and 14 floor plans 4B7P ref BR0/17/P008 (10/16)

            Plots 13 and 14 elevations 4B7P ref BR0/17/P009 (11/16)

            Plots 15, 16 and 17 floor plans 1B2P ref BR0/17/P010 (12/16)

            Plots 15, 16 and 17 elevations 1B2P ref BR0/17/P011 (13/16)

            Plots 22 to 33 floor plans 3B5P ref BR0/17/P012 (14/16)

            Plots 22, 23 and 26 to 31 elevations 3B5P ref BR0/17/P013 (15/16)

            Plots 24, 25 and 32, 33 elevations 3B5P ref BR0/17/P014 (16/16)

            External Materials schedule dated 10^th December 2017

Reason:            To ensure the development is undertaken in accordance with the approved details and to accord with Adopted Local Plan Policy G1.

 

3          Notwithstanding the requirements of condition 23 attached to outline

           permission ref B/13/0037, a 2.2m high acoustic  boarded fence shall 

           be erected along the eastern boundaries of the site ( ie phase 3 

           development)  as shown on plan ref  BR0/17/P015  before any 

           dwelling hereby approved is occupied.

 

            Reason:           In the interests of residential amenity and to accord with 

           the objectives of Local Plan policy G1.

 

4          The development hereby approved shall be carried out in accordance

           with the approved Construction Management Plan as identified on

           plan ref BR0/17/CPP/01.

 

            Reason:           In the interests of residential amenity and to accord with

           the objectives of Local Plan policy G1

 

5          The development of Phase 3 hereby approved shall only be carried

           out in accordance with the approved Flood Risk Assessment (FRA)

           undertaken by RM Associates, Version 1 dated December 2017  and 

           the following mitigation measures detailed within the FRA:

•        Finished floor levels shall be set no lower than 3.9m above 

         Ordnance Datum

Reason:        To reduce the risk of flooding to the proposed development and future occupants and to accord with the objectives of Local Plan Policy G3 and the NPPF (2012).

 

6          Before the development hereby approved is commenced above

           ground level, a section plan drawn at the appropriate scale of the

           proposed attenuation pond as shown on plan ref BR0/17/P015 shall

           be submitted to and approved in writing by the Local Planning

           Authority. The plan shall show  the profile of the attenuation pond,

           including its depth, embankments, finished land levels measured at

           Ordnanace Datum, fencing ( if applicable), landscaping and its

           relationship with the adjacant neighbouring property including any

           measures necessary to avoid third party flooding. The works shall be

           carried out as approved in accordance with timescales to be

           submitted to and approved in writing by the Local Planning Authority

 

            Reason:            No such information was submitted as part of this

           application, in the interests of the amenity of the area, to avoid third

           party flooding and to accord with the objectives of Local Plan

           policies G1, G3 and H3.

 

7          No development shall take place until a surface water drainage

           scheme for the site, based on 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 safely 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, unless

                      agreed otherwise with the surface water receiving body, 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, including any  

     arrangements for adoption by any public body or Statutory

     Undertaker and any other arrangements required to secure

     the operation of the drainage system 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:            To ensure residents of the permitted development,

           neighbouring land and neighbouring property are not adversely

           affected, by reason of flooding, by the construction of the permitted

           development and to accord with the objectives of Local Plan policy

           G6.

 

8          Before each dwelling is occupied the roads and/or footways providing

           access to that dwelling, for the whole of its frontage, from an existing

           public highway, shall be constructed to a specification to enable them

           to be adopted as Highways Maintainable at the Public Expense, less 

           the carriageway and footway surface courses.

 

            The carriageway and footway surface courses shall be completed

           within three months from the date upon which the erection is

           commenced of the penultimate dwelling.

 

            Reason:            To ensure safe access to the site and each

           dwelling/building in the interests of residential amenity, convenience

           and safety and to accord with the objectives of Local Plan policy G6

 

9         Following the temporary use of the land as a storage compound and

           prior to the allotments being brought into use,  a comprehensive

           contaminated land investigation shall be submitted to and approved

           by the Local Planning Authority (LPA) and 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 and shall specifically identify the

           necessary works to enable the land to be fit for purpose as

           allotments.

 

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 LPA.

 

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. The proposed investigation should be agreed with the LPA in advance of any sampling taking place. Two full copies of the site investigation and findings shall be forwarded to the LPA.

 

             Reasons:   To ensure potential risks arising from the previous uses

             of the site  including  the temporary use of the site as a construction

             compound have been fully assessed and to accord with Local Plan

             Policy G1.

 

10        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 LPA.

 

            Reason:  To ensure the proposed remediation plan is appropriate

            and to accord with Local Plan Policy G1.

 

11        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 provide verification that the required remediation has

            been carried out to the required standards, in order to ensure that

            the land is fit for purpose as allotments and to accord with Local

            Plan Policy G1.

 

12        If, during the remediation of the allotment site, contamination not

            previously considered is identified, then the LPA shall be notified  

            immediately and no further work shall be carried out until a method 

            statement detailing a scheme for dealing with the suspect

            contamination has been submitted to and agreed in writing with the

            LPA.

 

              Reason: To ensure all contamination within the site is dealt with and

            to accord with Interim Plan Policy G1.