Agenda item

Construct 10 dwellings, together with associated infrastructure and public open space

Land off west side Newmanleys Road, Eastwood, Nottinghamshire  

Construct 10 dwellings, together with associated infrastructure and public open space

Land Off West Side Newmanleys Road, Eastwood , Nottinghamshire 

 

This application sought planning permission to construct 10 dwellings, together with associated infrastructure and public open space and had been brought before the Committee due to the request for an Education Contribution from the County Council.

 

There were no late items or public statements for this application. 

 

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

 

• Reasonable to ask for education contribution.
• There was need for housing.

 

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 the following plans:

 

Site Location Plan – R9089-RLA-20-XX-DR-A-2101

Existing Site Layout Plan – R9089-RLA-20-XX-DR-A-2102

Proposed Site Layout Plan – R9089-RLA-20-XX-DR-A-2103 B

Proposed Boundaries Plan – R9089-RLA-20-XX-DR-A-2104

Proposed Material Plan – R9089-RLA-20-XX-DR-A-2105

Proposed Building Heights Plan – R9089-RLA-20-XX-DR-A-2107

Proposed Site Sections – R9089-RLA-20-XX-DR-A-2121

Proposed Street Elevation – R9089-RLA-19-XX-DR-A-2123

House Type 18A-S-471/599 – R9089-RLA-18-ZZ-DR-A-2130

House Type 18A-NS-670/758 – R9089-RLA-19-ZZ-DR-A-2131 A

House Type 18A-S-838 – R9089-RLA-18-ZZ-DR-A-2132

House Type 18A-S-838 V1 – R9089-RLA-18-ZZ-DR-A-2133

Levels and Drainage Appraisal – 12734-HYD-XX-XX-DR-C-2001 P01

Tree Protection Plan – 19-79-04

Detailed Soft Landscape Proposals - 19-079-075

 

Received by the LPA on the 3rd and 6th February 2020.

 

3.         The dwellings hereby approved shall not be first occupied until their driveways and parking areas are surfaced in a hard, bound material (not loose gravel) for a minimum of 5.5 metres behind the highway boundary and constructed so as to prevent the unregulated discharge of surface water onto the highway.  The surfaced drive shall then be maintained in such hard bound material for the life of the development. 

 

4.         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.

 

5.         Prior to being first brought into use the Public Open Space hereby permitted shall have a minimum of 600mm clean cover (nominally 150mm topsoil and 450mm subsoil) over a basal anti-dig membrane. The details of which shall have first been submitted to and approved in writing by the Local Planning Authority.

 

6.         The open space shall be managed by a private management company and a detailed landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the Local Planning Authority, prior to the occupation of any development. This arrangement shall be in place for the lifetime of the development. 

 

7.         This development shall not begin until a surface water drainage scheme for that phase, based on sustainable 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 subsequently be implemented in accordance with the approved details before that phase of development is completed. The scheme to be submitted shall demonstrate:

 

(a)        The utilization of holding sustainable drainage techniques;

(b)        Any outflow from the site must be limited to the maximum allowable rate with a minimum 30% reduction on existing.

(c)        The ability to accommodate surface water run-off on-site up to the critical 1 in 100-year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and

(d)        Responsibility for the future maintenance of drainage features.

 

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.         In the interests of highway safety and in accordance with Policy 17 of the Part 2 Local Plan (2019).

 

4.         In the interest of public health and safety.

 

5.         In the interests of public health and safety.

 

6.         To ensure the site is suitably landscaped and this is maintained for the life of the development.

 

7.         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 Policy 1 of the Broxtowe Aligned Core Strategy.

 

Notes to applicant

 

1.         The Council has acted positively and proactively in the determination of this application by working to determine it within the agreed determination timescale.

 

2.         The proposed development lies within an area that has been defined by the Coal Authority as containing potential hazards arising from former coal mining activity.  For further information, please see:

https://www.broxtowe.gov.uk/for-you/planning/development-in-former-coal-mining-areas.

 

3.         The Council will not adopt or be responsible for the ongoing maintenance of the open space on site.

 

4.         The applicant should note that notwithstanding any planning permission, 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 the Nottinghamshire County Council’s current highway design guidance and specification for roadworks.

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected.  The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980.  A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

 

It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site.