Agenda item

To consider the above planning application.

The Committee considered a report regarding the above planning application.

RESOLVED

(a) That, for the reasons set out in the report, the application be APPROVED subject to the completion of a Section 106 Deed of Variation to include the amended scheme application number to secure, affordable housing provision, and secure education and highway contributions and provision of public open space and a management company for future maintenance in relation to application 12/2426C

and the following conditions (as per the appeal decision):

1. Approved Plans

2. No development shall take place until an Environmental Management Plan for all construction and remediation operations has been submitted to and approved in writing by the Local Planning Authority. The plan shall address environmental impact in respect of air quality, vibration, noise, waste management, parking, loading and unloading of contractor’s vehicles and the use of plant on existing residents during the remediation and construction phase. Development shall be carried out in accordance with the approved details.

3. No remediation / construction works or deliveries shall be undertaken at the site outside the hours of Monday – Friday 08:00 to 18:00 hrs; Saturday 09:00 to 14:00 hrs nor at any time on Sundays, Bank or Public Holidays.

4. Any piling operations shall be undertaken using best practicable means to reduce the impact of noise and vibration on neighbouring sensitive properties. No piling operations shall be undertaken at the site outside the hours of Monday – Friday 09:00 to 17:30 hrs; Saturday 09:00 to 13:00 hrs nor at any time on Sundays, Bank or Public Holidays.

5. A method statement for any necessary piling to include the following details shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of such operations:

• Details of the method of piling,

• Duration of the pile driving operations (expected starting date and completion date),

• Prior notification to the occupiers of potentially affected properties,

• Details of the responsible person (e.g. site manager / office) who could be contacted in the event of complaint

Development shall be carried out in accordance with the approved details.

6. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

7. No development shall take place until full details of all earthworks have been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and the surrounding landform. Development shall be carried out in accordance with the approved details.

8. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours: proposed ground levels and finished floor levels for the buildings hereby permitted; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing

materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.). Notwithstanding the details shown on the approved plans, the parking area within the area of public open space adjacent to

the southern boundary shall be substituted for lay-by parking along the access road.

9. Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme.

10. All hard and soft landscape works shall be carried out in accordance with the approved details. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the landscaping scheme die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or as may subsequently be amended or re-enacted) no gates, walls, fences or other means of enclosure normally permitted by Class A of Part 2 Schedule 2 to that Order shall be erected on the common boundary with 7 Boothsmere Close or on the northern boundary to plots 45-48, 50, 51 and 56-64 unless approved pursuant to condition 17 of this consent or a further planning permission has first been granted on application to the Local Planning Authority.

12. No development or other operations shall commence on site until a scheme (hereinafter called the approved protection scheme) which provides for the retention and protection of trees, shrubs and hedges growing on or adjacent to the site has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in complete accordance with the approved protection scheme, which shall be in place prior to the commencement of work. The approved protection scheme shall be complied with for the full duration of the development hereby permitted and shall not be removed without the prior written permission of the Local Planning Authority. No excavations for services, storage of materials or machinery, parking of vehicles, deposit or excavation of soil

or rubble, lighting of fires or disposal of liquids shall take place within any area designated as being fenced off or otherwise protected in the approved protection scheme.

13. No development shall commence until a Construction Method Statement (for the adoptable highway and access footways which extend within the Root Protection Areas as defined within BS5837:2012), a Tree Pruning/Felling Specification, a Levels Survey as existing and proposed and measures for the protection of existing hedges have been submitted to and approved in writing by the Local Planning Authority. No development shall take place except in complete accordance with the approved Construction Method Statement.

14. No development shall take place until a scheme of boundary treatment has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the boundary treatment pertaining to that dwelling has been implemented in accordance with the approved details. The scheme shall make provision, inter alia, for post and wire fencing and native hedge planting to the north and eastern boundaries with the open space / agricultural land.

15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or as may subsequently be amended or re-enacted) the hedge to the north and eastern boundaries with the open space / agricultural land shall not be replaced with any gates, walls, fences or other means of enclosure normally permitted by Class A of Part 2 Schedule 2 to that Order unless a further planning permission has first been granted on application to the Local Planning Authority.

16. Prior to the commencement of development details of bollards to prevent vehicular use of the pedestrian /cycle ways adjacent to plot 72 and plot 15 shall be submitted to and approved in writing by the Local Planning Authority. The approved bollards shall be permanently installed prior to the first occupation of the development hereby permitted and thereafter retained, unless otherwise agreed in writing by the Local Planning Authority.

17. No dwelling hereby permitted shall be occupied until the parking and vehicle turning areas associated with that dwelling have been constructed in accordance with the details shown on the approved plans. These areas shall be reserved thereafter exclusively for the parking and turning of vehicles and shall not be obstructed in any way.

18. No development shall take place until full details of the construction and surfacing of the access road and shared surfaces have been submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until the access road and shared accesses have been laid out to base course level in accordance with the approved drawings and the 95th dwelling shall not be occupied until the access road and shared surfaces have been surfaced in the approved manner.

19. No development shall take place until a drainage scheme for the site, in accordance with the requirements of the approved Flood Risk Assessment (Ironside Farrah Ltd, 3890/SRG, June 2012) together with a timetable for its implementation, has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved drainage scheme and timetable.

20. No development shall take place until a scheme for the provision and implementation of a surface water regulation system has been submitted to, and approved in writing by, the Local Planning Authority. No development shall take place except in complete accordance with the approved scheme.

21. No development shall take place until an assessment into the potential for disposing of surface water by means of Sustainable Drainage Systems (SUDS) has been submitted to and approved in writing by the Local Planning Authority. In the event that the approved assessment identifies that the site has potential for the use of SUDS, these shall be incorporated within the scheme of drainage to be submitted pursuant to condition 22.

22. No development shall take place until a scheme for the management of overland flow from the surcharging of the site's surface water drainage system has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the proposed ground levels and proposed building finished floor levels. No development shall take place except in complete accordance with the

approved scheme.

23. No development shall take place until a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted and approved in writing by the Local Planning Authority, has been carried out. The work shall be carried out strictly in accordance with the approved scheme.

24. Prior to the development commencing, a detailed Contaminated Land Remediation scheme shall be submitted to, and approved in writing by, the Local Planning Authority (LPA). The remedial scheme shall then be carried out and a Site Completion Report, detailing the conclusions and actions taken at each stage of the works, including validation works, shall be submitted to, and approved in writing by, the Local Planning Authority prior to the first occupation of any part of the development hereby approved.

25. No development shall take place until a scheme for the laying out, management and maintenance (including measures associated with the mitigation of ecology issues) of the proposed public open space, areas of wildlife habitat and the recreation area coloured pink on the plan attached to the Section 106 Agreement has been submitted to and approved in writing by the Local Planning Authority. The scheme shall ensure that the landscape within the site is managed in such as way as to protect and enhance the ecological value of the site, including the ditches and ponds and shall include, inter alia:

• the detailed extent and type of new planting (NB planting to be of native species),

• details of maintenance regimes,

• details of any new habitat created on the site,

• details of the treatment of buffers around water bodies,

• details of all management responsibilities,

• detailed design and planting specifications for habitat creation, within the open space areas, including the detailed design of the pond,

• a timetable for implementation,

• proposals to safeguard the stream,

• planting to protect the privacy of existing residents,

• no additional planting shall be undertaken along the banks of the stream;

The scheme shall be implemented in its entirety and the open space shall be laid out strictly in accordance with the approved details and in accordance with the approved timetable.

26. No development shall commence until an updated survey to record the presence of any badgers at the site has been carried out, submitted to and approved in writing by the Local Planning Authority. The survey shall be carried out by a suitably qualified person approved by the Local Planning Authority. If any evidence of badgers is found then the report shall include provisions for the timing of the approved development works, measures for the protection of badgers during development and for the retention of existing or provision of alternative habitat.

27. Prior to any commencement of works between 1st March and 31st August

in any year, a detailed survey shall be carried out to check for nesting birds and the results submitted to and approved in writing by the Local Planning Authority. Where nests are found in any, hedgerow, tree or scrub to be removed, a 4m exclusion zone shall be left around the nest until breeding is complete. Completion of nesting shall be confirmed by a suitably qualified person and a further report submitted to and approved in writing by the Local Planning Authority before any further works within

the exclusion zone take place.

28. Prior to the commencement of development detailed proposals for the incorporation of features into the scheme suitable for use by breeding birds shall be submitted to and approved in writing by the Local Planning Authority. The approved features shall be permanently installed prior to the first occupation of the development hereby permitted and thereafter retained, unless otherwise agreed in writing by the Local Planning Authority.

29. Prior to the first occupation of the development hereby permitted a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include, inter alia, a timetable for implementation and provision for monitoring and review. No part of the development hereby permitted shall be occupied until those parts of the approved Travel Plan that are identified as being capable of implementation on occupation have been carried out. All other measures

contained within the approved Travel Plan shall be implemented in accordance with the timetable contained therein and shall continue to be implemented, in accordance with the approved scheme of monitoring and review, so long as any part of the development is occupied.

30. No development shall take place until a scheme of sustainable design features to be incorporated into the dwellings hereby permitted has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the features pertaining to that dwelling have been installed in accordance with the approved scheme.

31. The development hereby permitted shall secure a minimum 10% reduction in energy use through a building fabric first approach (enhanced insulation or construction technologies). A report confirming the achievement of the specified design fabric shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development. The development shall be implemented in accordance with the approved details.

(b)That, in order to give proper effect to the Committee’s intentions and without changing the substance of the decision, authority be delegated to the Head of Planning (Regulation), in consultation with the Chairman (or in her absence the Vice Chairman) of Southern Planning Committee, to correct any technical slip or omission in the wording of the resolution, between approval of the minutes and issue of the decision notice.

(c)That, should this application be the subject of an appeal, authority be delegated to the Head of Planning (Regulation) in consultation with the Chairman of the Southern Planning Committee to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the Heads of Terms for a S106 Agreement.