Agenda item

Proposal: Application for Outline Planning Permission for residential development (105 dwellings) including layout and access with all other matters reserved for later approval

 

Location: Mani Firs, London Road, Kirton, Boston, Lincolnshire, PE20 1JE

 

Applicant: Mr Adam Pulman

 

The Senior Planning Officer presented the report.  No additional information was reported.

 

There were no members of the public registered to speak on this application.

 

It was proposed by Councillor Jonathan Noble and seconded by Councillor Alison Austin that outline planning permission be granted subject to the conditions listed in the report, as recommended by the Planning Officers. 

 

Vote: Unanimous

RESOLVED: That application B/15/0391 be granted outline planning permission subject to the following conditions:

 

1.            Approval of the details of appearance, landscaping, and scale (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced.

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 92 of the Town and Country Planning Act 1990.

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 92 of the Town and Country Planning Act 1990.

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 92 of the Town and Country Planning Act 1990.

 

4.            No development shall commence above ground on the buildings hereby approved until details of an Affordable Housing Plan have been submitted to and approved in writing by the local planning authority that identifies how 20% of the total housing units shall be provided and managed to supply affordable housing.

 

§  the identity and location of the affordable housing plots,

§  the arrangements for the transfer of affordable housing to an identified affordable housing provider,

§  the arrangements to ensure that such provision is affordable for both first and subsequent occupiers in perpetuity of the affordable housing,

§  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

 

Reason:        To ensure the provision of affordable housing and to remain so in perpetuity to accord with the applicants stated intentions, and to accord with the objectives of Adopted Affordable Housing Policy - November 2006 ( Non statutory Interim Policy).

5.            The detailed layout shall incorporate an area or areas of public amenity open space/children's play area comprising not less than 7.5% of the gross site area which maximises as far as possible its amenity value. The area(s) of public amenity open space which shall include the provision of play equipment shall be laid out in a manner to be agreed in writing by the Local Planning Authority and made available for use before 50% of dwellings constructed on the application site are first occupied. This area shall not at any time be incorporated within the curtilage of a dwelling.

 

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

6.            A landscape management plan including management responsibilities and maintenance schedules of the public amenity open and recreation space including play equipment shall be submitted to the local planning authority before the 10th dwelling constructed on the application site is first occupied. The landscape maintenance plan shall be carried out as approved thereafter.

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

7.      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 and until the scope of works approved therein have been implemented. The assessment shall include all of the following measure:   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.   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 Policies  G1 and H3   8.         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 Policies G1 and H3   9.        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 LPA.   Reason:          To ensure site remediation is carried out to the agreed protocol and to accord with Local Plan Policies G1 and H3   10.     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 and to accord with Local Plan Policies G1 and H3   11.      If, during development, 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 Local Plan Policies  G1 and H3

12.    The development hereby approved shall be carried out in accordance with the recommendations included within the submitted  Phase 1 Habitat survey undertaken by Arbtech Consulting Limited including the provision of bird and bat boxes and the need to undertake further surveys before development commences. The details of the number, location, type of bird and bat boxes shall be submitted to and approved in wirting by the Local Planning Authority before first occupation of any dwelling on site and the boxes shall be erected at agreed timescales during develoment of the site. The results of any additional surveys as required by the habitat survey shall be submitted to and approved in writing by the Local Planning Authority and the recommendations  carried out as approved.

 

Reason:           In the interests of ecology, to preserve and create wildlife habitat. This condition accords with the objectives of policy G2 of the Adopted Local Plan (1999).

 

13.   The development hereby approved shall be carried out in accordance with the approved Flood Risk Assessment ( RM Associates Version 1, dated March 2015) and in particular the following mitigation measures:

 

§    Finished floor levels (of all habitable accommodation) shall be set no lower

than 3.5m AOD

§    Flood resilient construction shall be incorporated throughout the

development as stated

The mitigation measures shall be fully implemented prior to occupation.

 

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

 

14.    The layout and access shall be carried out in accordance with the following approved plans:

 

§    Location Plan – issue 1B (1/4)

§    Site Plan – Issue 4k (3b/4)

 

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

 

15.    No development shall commence until a foul water strategy has been submitted and approved by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy as approved.

 

Reason:           In the interests of satisfactory drainage, to prevent environmental and amenity problems arising from this development and to accord with the objectives of Local Planning Policy G3.

 

16.    The public footpath located adjacent to part of  the northern boundary of the site shall not be obstructed whilst works are being carried out on site.

Reason:           To maintain public right of way and public safety and to accord with the objectives of the NPPF (2012).

 

17.    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

 

18.    Before any dwelling is commenced, 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 and approved by the local planning authority.

 

         Reason:           In the interests of safety of the users of the public highway and the safety of the users of the site safety and to accord with the objectives of Local Plan policy G6

 

19.    No development shall take place until a surface water drainage scheme for the site, based on sustainable urban 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, unless otherwise agreed with the surface water receiving body, shall be restricted to the local green field run-off rate of 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:           In the interests of satisfactory drainage and to accord with the objectives of Local Planning Policy G3.

 

20.    All vehicular access to the permitted development shall be from London Road only and no vehicular access shall be made onto Woodside Road.

 

Reason:           In the interests of highway safety and to acord with the objectives of Local Plan policy G6

 

In determining this application the authority has taken account of the guidance in paragraphs 186 – 187 of the NPPF (2012) in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.