Agenda item

Construct 14 houses, garages and associated access road following demolition of dwelling

Land to the rear of 13 Middleton Crescent, Beeston, NG9 2TH

 

Construct 14 houses, garages and associated access road following demolition of dwelling

Land to the rear of 13 Middleton Crescent, Beeston, NG9 2TH

 

This major planning application to construct 14 new dwellings with garages and an associated access road following the demolition of one dwelling, had been called in by Councillor S J Carr.

 

Members were asked to consider the late items for the application, which included two objections which raised concerns of the disproportionate nature of the green terramash and gabion, two observations questioning the validity of the Ecology survey, an amended site location plan and a submission from Nottinghamshire County Council’s Natural Environment Manager.

 

Mr Mark Lawrenson (objecting) and Mr Rob Bailey (applicant) addressed the Committee prior to the general debate.

 

Members debated the application and the following comments were amongst those noted:

 

·       The gabion wall would not be attractive and there was concern over the loss of a number of trees.

·       There should be a buffer zone to maintain wildlife.

·       The application would be good for families.

·       The Council has a responsibility to wildlife and the design did not complement the area.

 

RESOLVED that the Head of Neighbourhoods and Prosperity be given delegated authority to grant planning permission subject to:

 

(i)   prior completion of an agreement under Section 106 of the Town and Country Planning Act 1990 to secure affordable housing, education, open space and integrated transport measures contributions and

(ii) 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 drawings: Site Location Plan (1:1250) received by the Local Planning Authority on 25 May 2018; 07 Rev D and 11 received by the Local Planning Authority on 3 April 2019; F16046/04 Rev C received by the Local Planning Authority on 8 April 2019; 13 Rev C received by the Local Planning Authority on 10 April 2019; 02 Rev J, 03 Rev K, 04 Rev E, 05 Rev F, 06 Rev H received by the Local Planning Authority on 14 August 2019, 09 Rev M and 10 Rev A received by the Local Planning Authority on 15 August 2019 and 01 Rev DD received by the Local Planning Authority on 29 August 2019.

 

3.     No development, including site clearance, shall commence until a further protected species survey has been carried out, submitted to and agreed in writing by the Local Planning Authority.  The development shall be constructed in accordance with the methodology and mitigation measures included within the approved survey.

 

4.     No development shall commence until detailed plans of the proposed gabion wall system construction methodology and proposed maintenance arrangements have been submitted to and agreed in writing by the Local Planning Authority.  These plans and methodology shall include:

 

i)        Proposed substrate depth

ii)      Proposed planting/seeding/turfing details

iii)     Timetable for implementation of the scheme.

 

The proposed gabion wall system shall be constructed, planted and maintained in accordance with the agreed details. If any plants, which, within a period of 5 years, die, are removed or have become seriously damaged or diseased they shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority.

 

5.   No development including site clearance, shall commence until wheel washing facilities have been installed on site in accordance with details first submitted to and approved in writing by the Local Planning Authority.  The wheel washing facilities shall be maintained in working order at all times.

 

6.   No development shall commence until a detailed surface water drainage scheme based on the principles set out in the approved Sustainable Drainage Statement (prepared by BWB Consulting Ltd, ref: MCB-BWB-ZZ-XX-RP-CD-0001_SDS, dated October 2018) has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be implemented in accordance with the approved details prior to completion of the development.  The scheme to be submitted shall:

        -  Demonstrate that the development will use SuDS throughout the site as a primary means of surface water management

        -   Limit the discharge rate generated by all rainfall events up to the 100 years plus 40% (for climate change) critical rain storm to the QBar Greenfield rates for the developable area.

        -   Provision of surface water run-off attenuation storage in accordance with 'Science Report SCO30219 Rainfall Management for Developments' and the approved FRA.

        -   Provide detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details of any attenuation system, and the outfall arrangements. 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 2 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods.

        -   Make provision for all exceedance to be contained within the site boundary without flooding new properties in a 100year+40% storm.

        -   Provide 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 operation to design parameters.

 

7.     No development or site clearance shall commence until a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority.  The landscaping scheme shall include:

(a)            numbers, types, sizes and positions of proposed trees and shrubs and existing trees to be retained;

(b)            measures for the protection of retained trees

(c)            a detailed plan which demonstrates the proposed tree planting will not prevent sufficient access to the Tottle Brook watercourse;

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

(e)            details of the site boundary treatments;

(f)              a timetable for implementation of the scheme.

 

The landscaping scheme shall be carried out in accordance with the approved timetable and the tree protection measures shall be in place before any site clearance/development commences. If any trees or plants, which, within a period of 5 years, die, are removed or have become seriously damaged or diseased they shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority.

 

8.   No development above slab level shall be carried out until samples of the materials to be used in the facing walls and roofs 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.

 

9.   No development above slab level shall commence until precise details of the types of bat and bird boxes proposed have been submitted to and agreed in writing bythe Local Planning Authority. The bat and bird boxes shall be installed in accordance with the agreed details prior to first occupation of the respective houses.

 

10. No development above slab level shall commence until precise details of the ecological enhancement measures as set out on the first page of the ‘NWT response letter’ received on 29 August 2019 have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details, prior to the occupation of the dwellings.

 

11. Prior to the first occupation of the houses hereby approved, the development shall be constructed in accordance with the submitted Flood Risk Assessment prepared by BWB consulting Ltd, ref: MCB-BWB-ZZ-XX-RP-YE-0001_FRA, received by the Local Planning Authority on 30 april 2019 and in accordance with the mitigation measure that finished floor levels are set no lower than 37.1m above ordnance datum.  This mitigation measure shall be maintained and retainedfor the lifetime of the development.

 

12. Prior to the first occupation of the houses hereby approved, all driveways and parking areas shall be surfaced in a hard, bound material (not loose aggregate), and designed to prevent the unregulated discharge of surface water onto the public highway. The surfaced drives and parking areas shall then be maintained in such form for the lifetime of the development.

 

13. Prior to the first occupation of the houses hereby approved, the existing site access shall be made redundant and permanently closed and the access crossing reinstated as a footway.

 

14. Prior to the first occupation of the houses hereby approved, visibility splays shall be provided in accordance with the approved plans.  The area within the visibility splays shall be kept free of all obstructions for the lifetime of the development.

 

15. The first floor side windows annotated as obscurely glazed on drawing numbers: 02 rev j, 03 rev k, 04 rev e, 05 rev f, 06 rev h and 10 rev a shall be obscurely glazed to pilkington level 4 or 5 (or such equivalent glazing which shall first have been agreed in writing by the Local Planning Authority) and retained in this form for the lifetime of the development.

 

16. 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 or outbuildings shall be carried out to the dwellings on plots 1 - 5 hereby approved which come within classes a and e of schedule 2, part 1 of the order without the prior written permission of the Local Planning Authority by way of a formal planning permission.

 

17. No construction or site preparation work in association with this permission shall be undertaken outside of the hours of 07.30-18.00 Monday to Saturday and at no time on Sundays or Bank Holidays. Exceptionally, specific works or operations may be carried out outside these times, but these must be agreed in writing with the Local Planning Authority 7 days in advance of being undertaken.

 

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.   To minimise the impact of the development on protected species within the site in accordance with Policy 17 of the Broxtowe Aligned Core Strategy (2014) and Policy 31 of the draft Part 2 Local Plan.

 

4.   The development cannot proceed satisfactorily without the outstanding matters being agreed and in the interests of biodiversity and neighbouring visual amenity to secure appropriate planting of the gabion wall and longer term survival of the planting, to preserve the Tottle Brook as a wildlife corridor and in accordance with the aims of Policy H7 of the Broxtowe Local Plan (2004), Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policies 17 and 31 of the Draft Part 2 Local Plan (2018).

 

5.   The development cannot proceed satisfactorily without the outstanding matters being agreed and no such details were submitted with the application.  In the interests of highway safety to mitigate the impact of the development on the highway network and in accordance with the aims of Policy T11 of the Broxtowe Local Plan (2004).

 

6.   The development cannot proceed satisfactorily without the outstanding matters being agreed and no such details were submitted with the application.  Further to prevent the increased risk of flooding; to improve and protect water quality; to improve habitat and amenity; and to ensure the future maintenance of the sustainable drainage structures in accordance with the aims of Policy E27 of the Broxtowe Local Plan (2004) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

 

7.   The development cannot proceed satisfactorily without the outstanding matters being agreed and limited details were submitted with the application.  To ensure the development presents a satisfactory standard of external appearance to the area and to maintain the Tottle Brook as a wildlife corridor and in accordance with the aims of Policy H7 of the Broxtowe Local Plan (2004), Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policies 17 and 31 of the Draft Part 2 Local Plan (2018).

 

8.   The development cannot proceed satisfactorily without the outstanding matters being agreed and no such details were submitted with the application.  To ensure the satisfactory standard of external appearance in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

9.   To secure the provision of such features in the interests of biodiversity and in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policies 17 and 31 of the Draft Part 2 Local Plan (2018).

 

10. In the interests of enhancing biodiversity, in accordance with Policy 17 of the Aligned Core Strategy (2014) and Policies 17 and 31 of the Draft Part 2 Local Plan (2018).

 

11. To reduce the risk of flooding and in accordance with the aims of Policy 1 of the Broxtowe Aligned Core Strategy (2014).

 

12. In the interests of highway safety to mitigate the impact of the development on the highway network and in accordance with the aims of Policy T11 of the Broxtowe Local Plan (2004).

 

13. In the interests of highway safety to mitigate the impact of the development on the highway network and in accordance with the aims of Policy T11 of the Broxtowe Local Plan (2004).

 

14. In the interests of highway safety to mitigate the impact of the development on the highway network and in accordance with the aims of Policy T11 of the Broxtowe Local Plan (2004).

 

15. In the interests of privacy and amenity for nearby residents and in accordance with the aims of Policy H7 of the Broxtowe Local Plan (2004) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

16. To ensure that access to the Tottle Brook watercourse is kept clear for future maintenance, to reduce the risk of flooding to the development, to prevent flooding elsewhere and in accordance with Policy 1 of the Broxtowe Aligned Core Strategy (2014).

 

17. In the interests of the amenities of nearby residents and in accordance with the aims of policy 10 of the Broxtowe aligned core strategy (2014).

 

Notes 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.       The applicant should note that, if any highway forming part of the development is to be adopted by the highways authority, the new roads and any highway drainage will be required to comply with Nottinghamshire county council’s current highway design guidance and specification for roadworks. An agreement under section 38 of the highways act 1980 will be required. It is also an offence under sections 148 and 151 of the highways act 1980 to deposit mud onto the public highway. The proposal makes it necessary to reinstate the redundant access/ vehicular crossing over a footway of the public highway and these works should be carried out to the satisfaction of the highways authority.  The applicant is advised to contact the nottinghamshire county council as highways authority at an early stage on telephone number: 0300 500 8080.

 

3.       The gabion wall and any activities that take place within 8 metres of the tottle brook watercourse will require a flood risk activity permit.  The applicant is advised to contact the environment agency on telephone number: 03702 422 549.  Further guidance can be obtained at: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits

 

4.       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

 

5.       The applicant is advised to contact the council’s waste and recycling section on telephone number: 0115 917 7777 to discuss waste and refuse collection requirements.

 

6.       The applicant is advised to contact natural England to obtain the relevant licence(s) before any ground works commence.