Agenda item

1.

The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

Reason: To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

2.

The development hereby permitted shall be carried out in accordance with drawing(s) numbered:

Site Location Plan 1: 1250,

Proposed Elevations/Floor Plans, Plots 1 – 2, 5 – 9, 12, 13, 19 and 20, DB/MS/21/16/02 received by the Local Planning Authority 27 September 2022.

Proposed Elevations/Floor Plans, Plots 4, 14 – 17, DBMS/21/16/03,

Proposed Elevations/Floor Plans – Plots 10, 11 and 18, DB/MS/21/16/04 received by the Local Planning Authority 01 December 2022. 

Proposed Site Section, A-A, B-B and C-C, DB/MA/21/16/05A,

Site Block Plan, DB/MS/21/16/01B received by the Local Planning Authority on 20 December 2022.

Reason: For the avoidance of doubt.

3.

No development hereby permitted shall commence until wheel washing facilities have been installed on the site. The wheel washing facilities shall be maintained in working order at all times and shall be used by any vehicle carrying mud, dirt or other debris on its wheels before leaving the site so that no mud, dirt or other debris is discharged or carried on to a public road.

Reason: In the interest of highway safety.

4.

No development within the full planning permission phase hereby approved shall take place until a Construction / Demolition Method Statement has been submitted to and approved in writing by the Borough Council.

The statement shall include:

a) The means of access for construction traffic;

b) parking provision for site operatives and visitors;

c) the loading and unloading of plant and materials;

d) the storage of plant and materials used in construction / demolition of the development;

e) a scheme for the recycling/disposal of waste resulting from construction / demolition works / site clearance;

f) details of dust and noise suppression to be used during the construction phase.

g) a scheme for the identification and safe removal of any asbestos containing material located on site.

The approved statement shall be adhered to throughout the construction period.

Reason: To protect the amenity of neighbouring residents, in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

5.

No building operations shall be carried out above ground level until details of the manufacturer, type and colour of the bricks and tiles to be used have been submitted to and approved in writing by the Local Planning Authority, and the development shall be constructed only in accordance with those details.

Reason: To ensure the satisfactory appearance of the development, in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

6.

No building operations shall be carried out above ground level until a detailed surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development. The scheme to be submitted shall:

?       Provide detailed design (plans, network details, calculations and supporting summary documentation) in support of any surface water drainage scheme, including details on any attenuation system, the outfall arrangements and any private drainage assets.

Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 30 year and 1 in 100 year plus climate change return periods.

o   No surcharge shown in a 1 in 1 year.

o   No flooding shown in a 1 in 30 year.

o   For all exceedance to be contained within the site boundary without flooding properties in a 100 year plus 40% storm.

?       Evidence to demonstrate the viability (e.g Condition, Capacity and positive onward connection) of any receiving watercourse to accept and convey all surface water from the site.

?       Details of STW approval for connections to existing network and any adoption of site drainage infrastructure.

?       Evidence of approval for drainage infrastructure crossing third party land where applicable.

?       Provide a surface water management plan demonstrating how surface water flows will be managed during construction to ensure no increase in flood risk off site.

?       Provide evidence to ensure no risk to third party during flood events.

?       Evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development to ensure long term effectiveness.

Reason:

A detailed surface water management plan is required to ensure that the development is in accordance with NPPF and local planning policies. It should be ensured that all major developments have sufficient surface water management, are not at increased risk of flooding and do not increase flood risk off-site.

6.

Occupation of the herby approved dwellings shall not take place until the site access has been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary, and which shall be drained to prevent the discharge of surface water from the access to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

Reason: In the interest of highway safety. in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

7.

Occupation of the hereby approved dwellings shall not take place until the site access arrangement as shown on approved drawing: Site Block Plan, DB/MA/21/16/01B received 20 December 2022 have been provided, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of highway safety, in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

8.

Occupation of the hereby approved dwellings shall not take occupied until details of the proposed arrangements and plan for future management and maintenance of the private road including associated drainage have been submitted to and approved in writing by the Local Planning Authority. The private road and drainage shall thereafter be maintained in accordance with the approved management and maintenance details, until such time that a private Management and Maintenance Company has been established.

Reason: To ensure that the road infrastructure is maintained to an appropriate standard, in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

9.

Operational building works shall be limited to between 08.00 and 18.00 hours Monday to Friday, 08.00 and 13.00 hours on Saturdays and at no times on Sundays and Bank Holidays.

Reason: In the interest of residential amenity, in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

10.

No development shall take place above ground level until a landscaping scheme has been submitted to and approved by the Local Planning Authority.  This scheme shall include the following details:

(a) trees, hedges and shrubs to be retained and measures for their protection during the course of development;

(b) numbers, types, sizes and positions of proposed trees and shrubs;

(c) proposed boundary treatments;

(d) proposed hard surfacing treatment;

(e) proposed lighting details;

(f) planting, seeding/turfing of other soft landscape areas;

(g) bin storage area (within 15m from the collection point on Pinfold Road).

The approved scheme shall be carried out strictly in accordance with the agreed details.

Reason: In the interests of residential amenity and the appearance of the area and in accordance with Policy 17 of the Part 2 Local Plan (2019).

11.

The approved landscaping shall be carried out not later than the first planting season following the substantial completion of the development or occupation of the building(s), whichever is the sooner and any trees or plants which, within a period of 5 years, die, are removed or have become seriously damaged or diseased shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority, unless written consent has been obtained from the Local Planning Authority for a variation.

Reason: To ensure the development presents a more pleasant appearance in the locality and in accordance with Policy 17 of the Part 2 Local Plan (2019).

12.

During the construction works, no materials, equipment, machinery, temporary buildings or surplus soil shall be placed or stored beneath the branches of the trees protected by a Tree Preservation Order, and no oil, bitumen, cement or other materials likely to be injurious to a tree shall be discharged within 10 metres of the trunk. If any trenches for services are required within the canopy areas, they shall be excavated and back-filled by hand and any tree roots encountered with a diameter of 25mm (1 inch) or more shall be left unsevered.

Reason: To ensure the existing trees protected by a Tree Preservation Order are not adversely affected and in accordance with Policy 17 of the Part 2 Local Plan (2019).

13.

The erection of fencing for the protection of the preserved trees shall be undertaken in accordance with details to be submitted to and approved by the Local Planning Authority before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority.

Reason: To ensure the existing trees protected by a Tree Preservation Order are not adversely affected and in accordance with Policy 17 of the Part 2 Local Plan (2019).

NOTES TO APPLICANT

1.

The Council has acted positively and proactively in the determination of this application, through an early visit to the site to appreciate whether any amendments needed to be sought and thus afford sufficient time to negotiate these should it have been the case.

2.

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards.  If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at:www.gov.uk/government/organisations/the-coal-authority

3.

The deposit of mud or other items on the public highway, and/or the discharge of water onto the public highway are offences under Sections 149 and 151, Highways Act 1980.  The applicant, any contractors, and the owner / occupier of the land must therefore ensure that nothing is deposited on the highway, nor that any soil or refuse etc is washed onto the highway, from the site.  Failure to prevent this may force the Highway Authority to take both practical and legal action (which may include prosecution) against the applicant / contractors / the owner or occupier of the land.  [Where the development site may be accessed by a significant number of vehicles or may be particularly susceptible to material 'tracking' off site onto the highway, details of wheel-washing facilities must be provided to and approved by the Highway Authority.]

4.

The off-site improvements associated to this consent will require you to undertake works in the public highway, which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which you have no control. You are therefore required to contact Via East Midlands on 0115 8042100  to obtain the necessary consents/license.

5.

As this permission relates to the creation of a new unit(s), please contact the Council's Street Naming and Numbering team: 3015snn@broxtowe.gov.uk to ensure an address(es) is(are) created.  This can take several weeks and it is advised to make contact as soon as possible after the development commences. A copy of the decision notice, elevations, internal plans and a block plan are required. For larger sites, a detailed site plan of the whole development will also be required.

6.

Please note that this permission has been granted contemporaneously with an agreement under Section 106 of the Town and Country Planning Act 1990, and reference should be made thereto.