Agenda item

Outline application to construct residential development with all matters reserved except for the formation of vehicular access from coventry lane

Land adjacent and north west of Bramcote Crematorium, Coventry Lane, Bramcote, Nottinghamshire

Outline application to construct residential development with all matters reserved except for the formation of vehicular access from Coventry Lane

Land Adjacent and North West of Bramcote Crematorium, Coventry Lane, Bramcote, Nottinghamshire

 

This application sought planning permission to construct up to 190 dwellings to the west of Coventry Lane with all matters reserved except the formation of a vehicular access (from Coventry Lane) This site has been allocated for housing within the Part 2 Local Plan (2019) under Policy 3.4.

 

The application was brought to the Committee as the Council is a joint landowner of part of the site and because of the size of the proposed development.

 

Members considered the late items for the application which included a correction to the report at paragraph 1.2 regarding land ownership, receipt of amended plans (site location plan, parameters plan and concept plan) which excluded the furniture business land at the northern end of Sidings Lane and reduce the site area, amendments to conditions following the receipt of the amended site location plan and to include reference to phasing and other wording amendments and confirmation from the applicant that they will pay £3000,000 as a bus service contribution as part of the S106 Agreement.

 

Mr Peter James (applicant) submitted a formal written representation that was read to members of the Committee.

 

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

 

·       Request for S106 funding to include filters for Cookies Pond (Ilkeston Road) as result of extra traffic to area and pollutant particles.

·       Vehicle access on way into site could be a concern.

·       Flooding.

 

RESOLVED that the Interim Head of Planning and Economic Development be granted 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 the provision of affordable housing on site, education, health, off-site highway works and integrated transport measures contributions

 

(ii) the following conditions:

 

1.          Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

2.          The development hereby permitted shall be commenced before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

3.          The outline permission relates to drawings:

 

·       2019-613-00 received by the Local Planning Authority on 5 June 2020

 

·       CLBR-BSP-ZZ-XX-DR-D-0003 Rev P03 and CLBR-BSP-ZZ-XX-DR-D-0001 Rev P04 received by the Local Planning Authority on 12 October 2020

 

4.         Before any site clearance or development is commenced, detailed drawings and particulars showing the following (the ‘Reserved Matters’) shall be submitted to and approved by the Local Planning Authority:

                         

(a)        the layout, scale, and external appearance of all buildings;

                        (b)       roads and parking provision details within the site;

                        (c)        the particulars of the materials to be used in the facing of the external surfaces of all buildings;

                               (d)        cross sections through the site showing the finished floor levels of the new dwellings in relation to adjacent land and buildings. These details shall be related to a known datum point; and

                        (e)        landscaping treatment of the site

 

The development shall be carried out strictly in accordance with

the approved details.

 

5.       The detailed drawings and particulars required under condition 4 (e) shall include the following details:

 

(a)        trees, hedges and shrubs to be retained and measures for their protection during the course of development. No development shall commence until the agreed protection measures are in place;

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

(c)       proposed hard surfacing treatment (including pathways);

(d)       planting, seeding/ turfing of other soft landscape areas including surrounding SUDs features;

(e)        details of the site boundary treatments and curtilage boundary treatments; and

(f)        a timetable for implementation of the scheme

The landscaping scheme shall be carried out in accordance with the approved timetable. 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.

 

6.       No development, including site clearance, shall commence until a detailed surface water drainage scheme based on the Flood Risk Assessment dated 22 May 2020 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 include:

·       detailed design (plans, network details and calculations) in support of a surface water drainage scheme, including details on all attenuation systems, 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; and

·       evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development.

The development shall be constructed in accordance with the agreed details and maintained as such for the lifetime of the development.

7.             No development, including site clearance, shall commence until a scheme for protecting the proposed dwellings from noise from railway lines, road traffic and plant noise from the crematorium adjacent to the proposed development has been submitted to and approved by the Local Planning Authority.  Any works which form part of the scheme approved by the Authority shall be completed before anyaffected dwelling is occupied unless an alternative period is agreed in writing by the Authority.

 

8.             No development, including site clearance, shall commence until details of appropriate gas prevention measures have been submitted to and approved in writing by the Local Planning Authority. 

 

(a)    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.

 

9.          No development, including site clearance, shall commence until the following has been submitted to and approved in writing by the Local Planning Authority:

 

(1)       a site investigation scheme, based on the preliminary risk assessment report (Geodyne Phase I Geo-Environmental Desk Study & Preliminary Coal Mining Risk Assessment Report dated 28 January 2020) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;

(2)    the results of the site investigation and the detailed risk assessment referred to in (1) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken; and

(3)     a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

The development shall be constructed in accordance with these details.  Any changes to the agreed will require written consent of the Local Planning Authority.

 

10.          No development, including site clearance, shall commence until detailed drawings, particulars and evidence has been provided in relation to:

 

·     parking and turning facilities, access widths, gradients, surfacing, street lighting and furniture, structures, visibility splays, drainage, and public transport route; and

 

·     an application to reduce the speed limit along Coventry Lane to 40mph has been made, in accordance with the indicative details shown on drawing CLBR-BSP-ZZ-XX-DR-D-0003 REV P03.

 

All details shall comply with Nottinghamshire County Councils Highway Design and Parking Guides and shall be implemented as approved.

 

 

11.          No development, including site clearance, shall commence until intrusive site investigations have been carried out on site to establish the exact situation in respect of coal mining legacy features.  The intrusive site investigations shall be carried out in accordance with authoritative UK guidance.  Where the findings of the intrusive site investigations identify that coal mining legacy on the site poses a risk to surface stability, a detailed remediation scheme to protect the development from the effects of such land instability shall be submitted to and approved in writing by the Local Planning Authority.  Following approval, the remedial works shall be implemented in full accordance with the approved details.

 

12.       No development, including site clearance, shall commence until a

Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The plan should include the following:

 

a)   pipes over 200mm in diameter capped off at night to prevent animals entering

b) netting and cutting tools not to be left in the works area where they might entangle or injure animals

c) No stockpiles of vegetation should be left overnight and if they are left then they should be dismantled by hand prior to removal

d) construction lighting proposals

                      e) materials, plant and machinery storage locations

                                              f) proposed working practices to minimise harm to wildlife and trees.

 

The development shall be constructed in accordance with the agreed CEMP.

 

13.    No development, including site clearance, shall commence until a Reasonable Avoidance Measures Statement (RAMS) is produced and subsequently approved in writing by the Local Planning Authority.  The statement shall include a methodology to prevent any harm to amphibians which may be present on site.

 

14.       No development, including site clearance, shall commence until the following have been carried out:

 

·       bat surveys (include a transect survey and an internal survey on Building 1);

·       breeding bird survey;

·       reptile survey;

·       water vole/otter pre-commencement checks;

 

The above shall be submitted to and agreed in writing by the Local Planning Authority and any required mitigation to be carried out in accordance with the agreed details.

 

15.       No development, including site clearance, shall commence until a

Construction Method Statement (CMS) has been submitted to and

approved in writing by the Local Planning Authority. The CMS shall be adhered to throughout the construction period. The CMS shall provide for:

 

(a) the parking of vehicles of site operatives and visitors;

 

(b) loading and unloading of plant and materials;

 

(c)    storage of plant and materials used in constructing the development;

 

(d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

 

(e) wheel washing facilities; and

 

(f)   measures to control the emission of dust and dirt during construction.

 

16.              No above ground works shall commence until samples of external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved details.

 

17.            No development shall take place within 100m of the railway until a Construction Method Statement (CMS) for works in this area has been submitted to and agreed in writing by the Local Planning Authority. The CMS shall be implemented in accordance with the agreed details.

 

18.          No buildings pursuant to this permission shall be first occupied until:

 

·       the off-site highway works as shown for indicative purposes on drawing CLBR-BSP-ZZ-XX-DR-D-0003 Rev P03, and CLBR-BSP-ZZ-XX-DR-D-0001 Rev P04 have been provided;

 

·       respective driveways have been surfaced in a hard bound material (not loose gravel) for a minimum distance of 5.5m from the back edge of the public highway, and which are drained to prevent the discharge of surface water from the driveway 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; and

 

·       all footpaths and cycle ways within the site are constructed with the provision to prevent the unregulated discharge of surface water from the footpaths and cycle ways to the public highway. The provision to prevent the discharge of surface water to the public highway shall then be retained for the lifetime of the development.

 

19.          No building pursuant to this permission shall be first occupied until a verification report demonstrating the completion of works set out in the approved remediation strategy as set out in condition 9.  The effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority.  The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

20.       No infiltration of surface water drainage into the ground via SUDS or soakaway on land affected by contamination is permitted without the consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

 

 

21.       No dwelling shall be occupied until details of the site boundary treatments and curtilage boundary treatments, have been submitted to and approved in writing by the Local Planning Authority: no dwelling shall be occupied until its own boundary treatment has been erected in accordance with the agreed details.

 

22.       Prior to the occupation of the dwellings hereby approved, details of a private management company for managing the on-site open space and a detailed landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas (including the acoustic fencing), shall be submitted to and approved in writing by the Local Planning Authority.  The landscaped areas (including the acoustic fencing) shall be maintained and retained for the lifetime of the development in accordance with the approved plan.

 

23.       Piling or any other foundation designs using penetrative methods shall not be permitted other than with the prior written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. For areas where penetrative foundations are permitted, a methodology for reducing noise and vibration impact on neighbouring buildings and residents shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of the piling activity.  The activity shall be carried out in accordance with the approved details.

 

24.       Nothing shall be stored or placed in any area fenced in accordance with condition 5 (a) and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

25.       The development hereby permitted shall be carried out in accordance with the recommendations of the Flood Risk Assessment & Drainage Strategy dated 22 May 2020 and the finished floor levels of any dwellings shall be raised 150mm above existing ground levels.

 

REASONS

 

1.          To comply with S92 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

2.          To comply with S92 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

3.          For the avoidance of doubt.

4.          The application was submitted in outline only so no such details were provided and the development cannot proceed satisfactory without such details being provided before development commences to ensure that the details are satisfactory and in accordance with the aims of the NPPF, Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014)

5.          The application was submitted in outline only so no such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory, in the interests of ecology and railway safety and in accordance with the aims of the NPPF, Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

6.          To prevent an increase in flood risk, to improve and protect water quality, have sufficient surface water management and in accordance with the aims of Policy 1 of the Broxtowe Part 2 Local Plan (2019), the Broxtowe Aligned Core Strategy (2014) and the NPPF.

7.          The application was submitted in outline only so no such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory, to protect residents from excessive transport noise and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

8.      The application was submitted in outline only so no such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory, in the interests of public health and safety and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

9.       To ensure that the development does not contribute to, or is not put   at unacceptable risk from or adversely affected by, unacceptable levels of water pollution and in accordance with the aims of Policy 1 of the Broxtowe Part 2 Local Plan (2019) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

10.     The application was submitted in outline only so no such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences in the interests of highway safety to ensure satisfactory access and parking arrangements are provided on the site and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 14 of the Broxtowe Aligned Core Strategy (2014).

11.       The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigation measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

12.     Reason: To ensure the impact on ecology is minimised during construction and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

13.     To ensure the impact on ecology is minimised during construction and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

14.     In accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

15.     No such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory, in the interests of highway safety, to minimise disturbance to neighbour amenity and in accordance with the aims of aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

16.    Full details were not submitted with the application and in the interests of the appearance of the development and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

17.     To safeguard the operations of the railway and in accordance with the aims of the NPPF.

18.     No such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory, in the interests of highway safety, to minimise disturbance to neighbour amenity and in accordance with the aims of aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 14 of the Broxtowe Aligned Core Strategy (2014).

19.     To ensure that the site does not pose any further risk to human health or the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

20.     To protect groundwater from contamination and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

21.     In the interests of residential amenity, railway safety and the appearance of the area and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

22.     To ensure the site is suitably landscaped and this, and the acoustic fencing, is maintained for the life of the development and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

23.     To protect groundwater from contamination and nearby buildings and residents from noise and vibration, in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

24.     To ensure the retained trees, including the TPO woodland, are not adversely affected and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

25.     To ensure mitigation takes place to reduce the risk of flooding and in accordance with the aims of Policy 1 of the Broxtowe Part 2 Local Plan (2019) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

 

 

 

NOTES TO THE 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.           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.

3.           The submitted plans are for indicative purposes only, except in relation to access and this decision does not approve the landscaping or any other matters.

4.           In order to carry out off-site works, you will be undertaking work 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. In order to undertake the works, you will need to enter into an agreement under Section 278 of the Act. The applicant is advised to contact the County Council Highways team for details on hdc.south@nottscc.gov.uk

5.            The applicant should note that notwithstanding any planning permission that ifany 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.

 

a)    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.

 

b)    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. 

 

6.            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 of the 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. 

7.            The Highway Authority considers it prudent that as part of the proposed off-site highway works, a Traffic Regulation Order is undertaken to provide a safer highway environment. The Order can be made on behalf of the developer by Via East Midlands at the expense of the developer. This is a separate legal process and the

Applicant should contact the Highway Improvements Team on 0115 804 2100 for details.

8.            Vegetation clearance should be avoided during the bird breeding season of March-August inclusive.

9.            The applicant is advised to contact Network Rail prior to commencing any works on land adjacent to the railway line, email:

assetprotectionline@networkrail.co.uk

10.        Excavated materials that are recovered via a treatment operation can be re-used on-site under the Development Industry Code of Practice. Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear.  If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.  You should refer to the Environment Agency’s Position statement on the Definition of Waste: Development Industry Code of Practice and

https://www.gov.uk/government/organisations/environment-agency

11.    Contaminated soil that is, or must be disposed of, is waste. Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes:

 

·       Duty of Care Regulations 1991

·       Hazardous Waste (England and Wales) Regulations 2005

·       Environmental Permitting (England and Wales) Regulations 2010

 

The Waste (England and Wales) Regulations 2011

 

12.      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.  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