Agenda item

Construct 4 dwellings comprising 3 conversions of agricultural buildings and 1 conversion and extension of an agricultural building together with garaging and visitor car parking spaces

Field House Farm Cossall Road Trowell Nottinghamshire

 

Construct 4 dwellings comprising 3 conversions of agricultural buildings and 1 conversion and extension of an agricultural building together with garaging and visitor car parking spaces

Field House Farm Cossall Road Trowell Nottinghamshire

 

Councillor L A Ball BEM had requested that this application be determined by the Planning Committee.

 

The late items for consideration by the Committee included a highways visibility assessment and swept path analysis were submitted by the applicant, confirmation from the Highways Authority stating that they had no objections and recommending additional conditions and an email response to the consultation on amended plans from a member of the public confirming their objection to the original proposal.

 

Mr Hayden Short, Applicant, Ms Joy Foulkes, Objecting and Councillor L A Ball BEM, Ward Member, addressed the Committee prior to the general debate. 

 

Debate focused on the parlous state of the existing buildings, the provision of quality family homes, the conservation of historic buildings and the peaceful setting of the site.  It was considered that there would not be a substantial impact on neighbour amenity.

 

RESOLVED that planning permission be granted subject to the following conditions:

 

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

 

2.    The development hereby permitted shall be carried out in accordance with drawing numbers A100 H (1:200), A20 B (1:100), A30 C (1:100), A40 D (1:100), A50 C (1:100); received by the Local Planning Authority on 28 February 2019.

 

3.    Prior to the commencement of any above ground works to construct the scheme the materials to be used in the construction of the extensions to House 2, House 4, House 5 and the garage for House 2 shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved details.

 

4.    Prior to the commencement of any above ground works to construct the approved scheme large scale details of all new windows, doors, roof lights, rain water goods, surface details and boundaries to be used for the subdivision of grounds shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved details.

 

5.    No development hereby permitted shall take place until an appropriate scheme of intrusive site investigations has been undertaken to establish potential risks posed by historic coal mining, and a report of findings and proposed scheme of remedial works submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

 

6.    The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

 

7.    a) No part of the development hereby approved shall be commenced until an investigative survey of the site has been carried out and a report submitted to and approved in writing by the Local Planning Authority. The survey must have regard for any potential ground and water contamination, the potential for gas emissions and any associated risk to the public, buildings and/or the environment. The report shall include details of any necessary remedial measures to be taken to address any contamination or other identified problems.

 

       b) No building to be erected pursuant to this permission shall be occupied or brought into use until: -

 

       (i) All necessary remedial measures have been completed in accordance with details approved in writing by the local planning authority; and

       (ii) It has been certified to the satisfaction of the local planning authority that necessary remedial measures have been implemented in full and that they have rendered the site free from risk to human health from the contaminants identified.

 

8.    No part of the development hereby approved shall be commenced until details of appropriate gas prevention measures have been submitted to and approved in writing by the Local Planning Authority. No building to be completed pursuant to this permission shall be occupied or brought into use until:

       i) all appropriate measures have been completed in accordance with details approved in writing by the Local Planning Authority; and

       ii) it has been certified to the satisfaction of the Local Planning Authority that necessary remedial measures have been implemented in full.

 

9.    No part of the development hereby approved shall be commenced until a management plan for the control of demolition and construction noise and the prevention of fugitive dust is provided to and approved in writing by the Local Planning Authority.

 

10. The development hereby approved shall be carried out in accordance with the findings and recommendations of the ecologist as detailed in the Bat Surveys and Barn Owl Survey Rev B, received by the Local Planning Authority on 20 February 2019.

 

11.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, or any order revoking or re-enacting this order, no extensions, enlargements, alterations or the erection of new buildings, including outbuildings, shall be carried out on the site without the written permission of the Local Planning Authority by way of a planning application.

 

12.     Prior to the first use of the site the visibility splays as detailed on drawing number FHF-BWB-GEN-XX-DR-TR-100 S2 P1 (1:1250) shall be cleared from a point of 1m above ground level so far as the land falls within the application site. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility, and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

 

13.    No part of the development hereby permitted shall be brought into use until the access is constructed with a gradient not exceeding 1 in 20 for a distance of 5m from the rear of the highway boundary, and never exceeds 1:12 thereafter, in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.

 

14.    No part of the development hereby permitted shall be brought into use until the access has been widened and the verge vehicular crossing is available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

 

15.    The access driveway / parking / turning area (s) shall be constructed with provision to prevent the unregulated discharge of surface water from the driveway/parking/turning area(s) to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

Reasons

 

1.    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.    For the avoidance of doubt.

 

3.    No such details were submitted and to ensure the satisfactory standard of external appearance in accordance with the aims of Policies 10 and 11 of the Broxtowe Aligned Core Strategy (2014) and Policies 17 and 23 of the Broxtowe Draft Part 2 Local Plan (2018).

 

4.    No such details were submitted and to ensure the satisfactory standard of external appearance in accordance with the aims of Policies 10 and 11 of the Broxtowe Aligned Core Strategy (2014) and Policies 17 and 23 of the Broxtowe Draft Part 2 Local Plan (2018).

 

5.    In the interest of public health and safety.

 

6.    To ensure that the development is provided with a satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

 

7.    In the interest of public health and safety.

 

8.    In the interest of public health and safety.

 

9.    To protect the immediate residential properties from excessive operational impact.

 

10.  In the interest of the protection of protected species identified at the site and to ensure that the proposed development could provide a net gain in biodiversity.

 

11.  In the interests of retaining spacious plots where occupiers have a satisfactory degree of amenity and to ensure the buildings remain of a suitable size and scale which is appropriate within the Green Belt. This condition is in accordance with Policies E8 and H7 of the Broxtowe Local Plan (2004) and Policies 8 and 17 of the Broxtowe Draft Part 2 Local Plan (2018).

 

12.  In the interest of highway safety.

 

13.  In the interest of highway safety.

 

14. In the interest of highway safety.

 

15. To ensure surface water from the site is not deposited on the public highway causing dangers to road users.

      

Note to applicant

 

1.    The Council has acted positively and proactively in the determination of this application by communicating with the agent throughout the course of the application.

 

2.    Where development is proposed over areas of coal and past coal workings at shallow depth, The Coal Authority is of the opinion that applicants should consider wherever possible removing the remnant shallow coal.  This will enable the land to be stabilised and treated by a more sustainable method; rather than by attempting to grout fill any voids and consequently unnecessarily sterilising the nation’s asset.  Prior extraction of surface coal requires an Incidental Coal Agreement from The Coal Authority.  Further information can be found at: https://www.gov.uk/get-a-licence-for-coal-mining

      

       Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications.  Failure to obtain permission will result in trespass, with the potential for court action.  In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works.  Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property

 

3.    Severn Trent Water advise that although our statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under The Transfer Of Sewer Regulations 2011. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.

 

As she had spoken as a Ward Member, Councillor L A Ball BEM did not participate in the debate and did not vote thereon.