Agenda item

Variation of Conditions 2, 3 and 11 (approved drawings, details of materials and landscape scheme) of planning reference 15/00010/FUL (Construct 67 dwellings) to substitute house types, amend layout and remove plots, change external materials and amend landscaping scheme.

LAND OFF ACORN AVENUE, GILTBROOK, NOTTINGHAMSHIRE

 

Variation of Conditions 2, 3 and 11 (approved drawings, details of materials and landscape scheme) of planning reference 15/00010/FUL (Construct 67 dwellings) to substitute house types, amend layout and remove plots, change external materials and amend landscaping scheme.

Land off Acorn Avenue, Giltbrook, Nottinghamshire

 

This application sought planning permission for the variation of Conditions 2,3 and 11 (approved drawings, details of materials and landscape scheme) of planning reference 15/00010/FUL (Construct 67 dwellings) to substitute house types amend the layout and remove plots, change external materials and amend the landscaping scheme.

 The application was brought to the Committee with a recommendation for planning permission to be granted subject to the conditions outlined in the appendix after previously being deferred due to concerns surrounding the proposed landscaping scheme, specifically to the rear of plots 251-260.

 

Members considered the late item for the application which included a letter of objection expressing concerns over the height of the buildings not previously shown on any plans, buildings so high will lose privacy and issue of flooding.

 

Mr Matthew O’Donnell (Objector) submitted a formal written representation that was read to members of the Committee, Councillor M Handley addressed the Committee as ward member.

 

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

• Concerns over flooding.
• The development is not being built in accordance with the plans.
• That there was an unacceptable loss of neighbour amenity.
• That the principle of the development had been considered previously and this application related to details of the development which had permission.

 

A proposal to defer the application was put to the Committee from Councillor PJ Owen this was seconded by Councillor JM Owen however on voting the proposal was defeated.

 

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

 

 

1.    The development hereby permitted shall be carried out in accordance with drawing referenced

 

-       AAGDR01-SLP Rev U received by the Local Planning Authority on 4th May 2020

-       Blocl Plan AAGDR11-DSBP Rev D received by the Local Planning Authority on 10^th June 202

-       Site Sections D, E, F Rev B, Landscaping Plan AADDR03-SLP Rev S, Site Sections Plot 260 sh2 AAGDR17-SS Rev D and Standard site retaining LHWD12(A3) Rev D, received by the Local Planning Authority ON 17^th and 18^th August 2020.

-       Site Section Plan Plot 251/253 AAGDR14-SS Rev E and Site Section Plan Plot 256 AAGDR18-SS Rev B received by the Local Planning Authority on 26^th August 2020

-       DA3A-2020 (O) received by the Local Planning Authority on 12 March 2020

-       K7/2019 (OSG), B6/2019 (OSG), C8/2018 (OSG), K7E/2019 (OSG) Sheet 1 and 2 and Z4/2018 (OSG) received by the Local Planning Authority on 25 November 2019

-       C9/2018 (OSG) and LHDR01-ES1/2 Rev B received by the Local Planning Authority on 17 February 2020

-       A1/2019 (OSG), received by the Local Planning Authority on 27 February 2020

-       N2/2017 (HSG) Rev A and N2/2017 (O) received by the Local Planning Authority on 26 February 2018

-       KA2/2017 (HSG) and KA2/2017 (OSG), S20/2018 (OSG) and S20/2018 (HSG), T20/2017 (OSG) and T20/2017 (HSG), DA3/2017 (O) and DA3/2017 (H), E20/2016 (OSG) and E20/2017 (SG), F5/2018 (HSG) F5/2018 (OSG) plots 223 and 224 received by the Local Planning Authority on 2nd February and 27 March 2018

-       Garage/DG/2/88s/B Revision A, received by the Local Planning Authority on 12 January 2015.

 

2.    The dwellings hereby approved shall be constructed using Weinerberger Calderdale Edge roof tiles in Terracotta Red and Dark Grey (420 x 334mm), Leicester Red Stock, Eton Buff Facing and Blue Engineering bricks as shown on plan LHDR01-ES1/2 Rev B and black rainwater goods with all metre boxes located to the sides of the dwellings.

 

3.    No building to be erected pursuant to this permission shall be first   occupied or brought into use until:-

 

                      i.           All the necessary remedial measures have been completed in accordance with the approved details contained within plans LHWD01, LHWD02 and LHWD03 and the extracts provided from the Geo-environmental assessment report together with the Visqueen gas barrier information received on 26^th October 2018 GB-18, GB-02, GB-12, GB-01 GB-14 and the data sheet,unless an alternative has first been approved in writing by the Local Planning Authority; and

ii.       It has been certified to the satisfaction of the Local Planning Authority that the 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, unless an alternative has first been approved in writing by the Local Planning Authority.

 

4.    The surface water drainage scheme and foul sewerage scheme, including the attenuation feature approved under planning reference 18/00687/FUL shall be implemented in accordance with the approved plans prior to the completion of the development. Details of how the drainage system shall be maintained and managed after completion and for the lifetime of the development shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development.

 

5.    The public highways including street lighting, drainage, utility services and public visibility splays shall be completed in accordance with 07282-121 Rev H, 07282-123 Rev G, 07282-135 Rev C, 07282-137 Rev B, 07282-171 Rev E, 07282-120 Rev G, 07282-170 Rev J, 07282-136 Rev C, 07282-124 Rev D, 07282-122 Rev H, 07282-100 Rev J, 07282-130 Rev G, 07282-110 Rev F, 07282-131 Rev H, 07282-111 Rev F and 07282/175 Rev F

 

6.    No dwelling shall be first occupied unless and until its associated access driveway and/or parking spaces have been constructed to prevent the unregulated discharge of surface water from the driveway and/or parking spaces onto the public highway.

 

7.    Wheel washing facilities as set out in the email of 4^th July 2018 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 debris is discharged or carried onto the public highway. These facilities shall be retained on the site until the substantial completion of construction work.

 

8.    Protective fencing as shown in the Hamps Valley Limited report received on 21st August 2018 shall be erected around the two areas containing protected trees in accordance with the following detail:

Area A4 adjacent to plot 251 (Ash Trees) require an RPA 5.7 radius from the trees.

Area A3 adjacent to plot 194 (Oaks and Hawthorne’s) require an RPA 8m radius from the trees moment.

 

9.    The approved landscaping scheme as shown on plan AAGDR03-SLP Rev S received by the Local Planning Authority on 17^th August 2020 and the email of 25^th August 2020 confirming container size, shall be carried out not later than the first planting season following the substantial completion of the development and any trees or plants which, within a period of 10 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.

 

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and/or re-enacting that Order) no extension or enlargement (including additions to roofs) within Schedule 2, Part 1, Classes A, B, or C shall be made to the following dwelling house(s) as shown on drawing number AAGDR01-SLP Revision U: Plots 223, 224 and without the express permission in writing of the Local Planning Authority.

 

 

REASONS

 

1. For the avoidance of doubt.

 

2. To ensure the development presents a satisfactory standard of external appearance, in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan.

 

3. In the interests of public health and safety and in accordance with Policy 19 of the Part 2 Local Plan.

 

4. To prevent the increased risk of flooding, to improve and protect water quality; and to ensure the future maintenance of the sustainable drainage structures in accordance with Policy 1 of the Broxtowe Aligned Core Strategy (2014) and the National Planning Policy Framework (2012).

 

5. In the interests of highway safety.

 

6. In the interests of highway safety to ensure surface water from the site is not deposited on the public highway causing danger to road users.

 

7. In the interests of highway safety.

 

8. To ensure the existing trees protected by a Tree Preservation Order are not adversely affected.

 

9. To ensure the development presents a more pleasant appearance in the locality and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

10.  To protect the amenity of neighbouring occupiers and in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan.

 

 

 

 

 

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.    Any tree works should be undertaken outside of the bird-breeding season (March-September inclusive). If works are to be carried out during this time then a suitably qualified ecologist should be on site to survey for nesting birds. Birds, their nests and eggs (except pest species) are protected by the Wildlife and Countryside Act 1981 (and as amended).

 

3.    Greasley Footpaths Number 54 and 55 runs through the site. The footpath should remain open and unobstructed at all times. If a temporary closure of the footpath is required Nottinghamshire County Council's Countryside Access Team must be contacted at least 5 weeks before to allow for a Temporary Closure Order to be put in place. Nottinghamshire County Council can be contacted on 0300 500 8080.

 

4.    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. This may result in problems to occur in the future, particularly as a result of the development taking place. Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

 

The applicant should be aware that any intrusive activities and any subsequent treatment require the prior written permission of the Coal Authority. Failure to obtain permission will potentially result in court action. The Coal Authority can be contacted on 0845 762 6848 and further information is provided on

https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property.

 

(Having declared a disclosable pecuniary interest in the item Councillor L A Ball BEM left the meeting before discussion or voting thereon)