Agenda item

PLANNING APPLICATION B/18/0328

Outline application with all matters (access, landscaping, layout,        appearance and scale) reserved for later approval for the erection of up to 26 dwellings.

           

Land adjacent to Magnolia Lodge, Benington Road, Butterwick,   PE22 0EX

 

Mrs Jennifer Heath

 

Minutes:

Outline application with all matters (access, landscaping, layout,        appearance and scale) reserved for later approval for the erection of up to 26 dwellings

Land adjacent to Magnolia Lodge, Benington Road, Butterwick,   PE22

0EX

Mrs Jennifer Heath

 

The Senior Planning Officer presented the report to committee confirming there were no updates to the report tabled.  He did however stress that following comments in earlier determinations on the agenda in respect of settlement boundaries, that the site was shown outside the settlement boundary within the 1999 adopted plan.  It was however an allocation within the settlement boundary, within the re drawn local plan, which was being given weight.

 

No public representation was received in respect of this item.

 

It was moved by Councillor Alison Austin and by Councillor James Edwards that committee be minded to grant the application in line with officer recommendation, subject to the conditions and reasons therein, subject to the proviso therein in respect of the section 106 planning obligation and that authority be delegated to the Growth Manager to approve the application upon satisfactory completion of the planning obligation.

 

Vote:      In Favour 9.        Against 3.      Abstention:  0.

 

RESOLVED:  That the application be granted in line with officer recommendation, subject to the following conditions and proviso in respect of the section 106 planning obligation and that authority be delegated to the Growth Manager to approve the application upon satisfactory completion of the planning obligation.

 

§  Any permission is not released until the applicants have entered into a section 106 planning obligation with the Council requiring the provision of 4 affordable housing units and a contribution of £67,965 for education towards the provision of four classrooms at Haven High Tollfield Campus

 

§  Authority is delegated to the Growth Manager to approve this application upon satisfactory completion of the planning obligation.

 

1.           No development shall commence until details of the layout, appearance, landscaping, scale and access of the development (hereafter referred to as the 'reserved matters') have been submitted to and approved by the local planning authority.


Reason: This is an outline application only and such details must be approved before development commences in order to comply with the objectives of Local Plan policies G1 and H3 and required to be imposed pursuant to
Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.        Application for approval of reserved matters shall be made to the Local Planning Authority not later than the expiration of three years from the date of this permission.

 

Reason:  Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

 

3.        The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

          Reason:  Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

 

4.         The development shall proceed fully in accordance with the submitted location plan ref: 1301-1_OP_LP01.

 

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

 

5.     No development shall commence above ground level until a Foul Water Strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the approved Foul Water Strategy.

 

           Reason: To prevent environmental and amenity problems arising from flooding and to accord with the objectives of Local Plan policy G3.

 

6.         A landscape management plan including management responsibilities and maintenance schedules of the public open space and equipment shall be submitted to the Local Planning Authority before the occupation of any dwelling. The management plan shall be carried out as approved.

 

Reason: To ensure the long term maintenance of the public open space in the interests of the amenity of residents and to accord with the objectives of Local Plan policy H4.

 

7.         All landscape works shall be carried out in accordance with the approved details in accordance with timescales that shall be submitted to and agreed in writing by the Local Planning Authority before any development above ground level.  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 and H3.

 

8.        No more than 26 dwellings shall be constructed on site.

 

Reason: To define this permission, in the interests of residential amenity and highway safety and to accord with the objectives of Local Plan policies G1, H3 and G6.

 

9.        The layout of the site shall incorporate an area of public amenity open space/children’s play area comprising not less than 7.5% of the gross site area which shall be laid out in a manner to be submitted to and agreed in writing by the Local Planning Authority. The submitted details shall include the type, number and location of the play equipment. The open space and equipment shall be made available for use in accordance with timescales which shall be agreed in writing by the the Local Planning Authority. The public open space shall be retained and shall not at any time be incorporated within the curtilage of any dwelling.

 

Reason: To provide a satisfactory level of publicly available amenity open space within the development and to accord with Adopted Local Plan Policy H4.

 

10.      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 how the construction of the site will be phased, where site accommodation and welfare facilities will be placed, hours of working, where site vehicles and the vehicles of site personnel will be parked, measures to control noise, fumes, vibration and  dust during the development period 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. This is a pre-commencement condition due to the fact that the management of plant, site equipment etc needs to be agreed prior to the commencement of any development to ensure that neighbour’s amenity and safety are respected.

 

11.      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 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 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.

 

12.      The development hereby permitted shall not be occupied before a 1.8 metre wide footway, to connect the development to the existing footway network, has been provided in accordance with details that shall first have been submitted to, and approved in writing by, the Local Planning Authority.The works shall also include appropriate arrangements for the management of surface water run-off from the highway.

 

Reason: To ensure the provision of safe and adequate pedestrian access to the permitted development, without increasing flood risk to the highway and adjacent land and property and to accord with Adopted Plan Policies G1 and G6.

 

13.      Before the access is brought into use all obstructions exceeding 0.6 metres high shall be cleared from the land within the visibility splays to be illustrated on drawing and thereafter, the visibility splays shall be kept free of obstructions exceeding 0.6 metres in height.

 

Reason: So that drivers intending entering the highway at the access may have sufficient visibility of approaching traffic to judge if it is safe to complete the manoeuvre and to accord with Adopted Plan Policeis G1 and G6

 

14       Before any dwelling is occupied, all of that part of the estate road and associated footways that forms the junction with the main road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority

 

            Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period and to accord with Adopted Plan Policies G1 and G6.

 

15.       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 1 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 the 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 Local Planning Authority.

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

 

16.       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 Local Planning Authority (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 Policy G1 of the Adopted Plan.

 

17.       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 with the local planning authority

 

           Reason: To ensure site remediation is carried out to the agreed

           protocol and to accord with Policy G1 of the Adopted Plan.

 

18.       Within two months of completion of remediation, two copies of a closure report shall be submitted to the Local Planning Authority (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 had been carried out to the required standards and to accord with Policy G1 of the Adopted Plan.

 

19.       If during development, contamination not previously considered is identified, then the Local Planning Authority (LPA) shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with suspect contamination has been submitted to and agreed in writing with the Local Planning Authority.

 

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

 

 

It is recorded that Councillor Stephen Woodliffe absented from the meeting at this point in the proceedings.

 

Supporting documents: