Agenda item

Committee considered a detailed report in relation to the above application presented by the Development Management and Land Charges Manager who gave details of the application and highlighted the location and features of the site and key issues.

 

The application proposed material amendments to the residential development approved under planning reference 22/00380/FUL which included:

 

·       revisions to the elevations of the assisted living unit and certain plot numbers;

·       changes to window sizes and styles;

·       enlargement of car park,

·       new electricity substation;

·       an enclosure to the rear independent living building to hour air source heat pumps and a sprinkler taken; and

·       removal of additional trees.

 

Concern was expressed by Councillor Duncan McGregor that the proposed amendments related solely to reducing costs of the development following receipt of the initial planning approval. The Committee was advised that it was not unusual for changes such as window sizes to be proposed once more detailed plans were drawn up and building regulations were also taken into account.

 

Moved by Councillor Rob Hiney-Saunders and seconded by Councillor John Ritchie and following a vote

 

For the motion: 7

Against the motion: 0

Abstentions: 0

 

RESOLVED that application be approved subject to the following conditions:

 

1.             The development hereby permitted shall be carried out in accordance with the following approved drawings and documents, unless specifically stated otherwise in the conditions below:

 

Site Plans:

·             12213-WMS-30-ZZ-DR-A-13001-S8-P01- Site Location Plan

·             12213-WMS-30-ZZ-DR-A-13002-S2-P03 - Proposed Block Plan

·             12213 - WMS - 30 - XX - D - A - 10002 - A - C08 – Proposed Site Plan

 

Dwellings:

·             12213-WMS-30-00-DR-A-13020-S8-P02 - Proposed 1B2P Detached Floor Plans

·             12213-WMS-30-00-DR-A-13040-S8-P02 - Proposed 1B2P Detached Elevations

·             12213-WMS-30-00-DR-A-13021-S8-P02 - Proposed 1B2P Semi-Detached Floor Plans

·             12213-WMS-30-00-DR-A-13041-S8-P02 - Proposed 1B2P Semi-Detached Elevations

·             12213-WMS-30-00-DR-A-13022-S8-P02 - Proposed 2B3P Semi-Detached Bungalow Floor Plans

·             12213-WMS-30-00-DR-A-13042-S8-P02 - Proposed 2B3P Semi-Detached Elevations

·             12213-WMS-30-00-DR-A-13023-S8-P02 - Proposed 2B3P Semi-Detached Bungalow with Bay Window - Floor Plans

·             12213-WMS-30-00-DR-A-13043-S8-P02 - Proposed 2B3P Semi-Detached Bungalow with Bay Window - Elevations

·             12213-WMS-30-00-DR-A-13024-S8-P02 - Proposed 2B3P L-Shape Semi-Detached Bungalow - Floor Plans

·             12213-WMS-30-00-DR-A-13044-S8-P02 - Proposed 2B3P L-Shape Semi-Detached Bungalow - Elevations

·             12213-WMS-30-00-DR-A-13026-S8-P02 - Proposed 2B3P Narrow Front Semi-Detached Bungalow - Floor Plans

·             12213-WMS-30-00-DR-A-13046-S8-P02 - Proposed 2B3P Narrow Front Semi-Detached Bungalow - Elevations

·             12213-WMS-30-ZZ-D-A-10420-A-C04_3B5P_House_Semi Detached _ GA _ Plans _ Plots_9,10,13,14

·             12213-WMS-30-ZZ-D-A-10620-A-C05_3B5P_House_Semi-Detached _ Elevations _ Plots_9,10

·             12213-WMS-30-ZZ-D-A-10625-A-C04_3B5P_House_Semi-Detached _ Elevations _ Plots _ 13,14

·             12213-WMS-30-00-DR-A-13028-S8-P02 - Proposed 3B5P Detached House - Floor Plans

·             12213-WMS-30-00-DR-A-13048-S8-P02 - Proposed 3B5P Detached House - Elevations

·             12213-WMS-30-00-DR-A-13029-S8-P01 - Proposed 4B7P Detached House - Floor Plans

·             12213-WMS-30-00-DR-A-13049-S8-P01 - Proposed 4B7P Detached House - Elevations

 

Independent Living Scheme:

·             12213-WMS-30-00-D-A-10400-A-C08_Proposed_ILS_Ground_Floor_Plan

·             12213-WMS-30-01-D-A-10401-A-C07_Proposed_ILS_First_Floor_Plan

·             12213-WMS-30-XX-DR-A-13034-S8-P01 - Proposed ILS - 1B2P Flat Types

·             12213-WMS-30-XX-DR-A-13035-S8-P01 - Proposed ILS - 2B3P Flat Types

·             12213-WMS-30-XX-D-A-10600-A-C07_Proposed_ILS_Elevations

 

Engineering:

·             12213-WMS-30-XX-DR-C-39201-S3-P2 - DRAINAGE_TO_BE_ABANDONED

·             12213-WMS-30-XX-DR-C-39202-S3-P3 - DRAINAGE_LAYOUT

·             12213-WMS-30-XX-DR-C-39203-S3-P2 - EXISTING_IMPERMEABLE_AREAS- 22.12.20

·             12213-WMS-30-XX-DR-C-39204-S3-P2 - PROPOSED_IMPERMEABLE_AREAS

·             12213-WMS-30-XX-DR-C-39205-S3-P2 - FLOOD_FLOW_ROUTES

·             12213-WMS-30-XX-DR-C-39001-S3-P2 - LEVELS_LAYOUT

·             12213-WMS-30-XX-DR-C-39501-S3-P3 - STOPPING_UP

·             12213-WMS-30-XX-DR-C-39502-S3-P4 - VISIBILITY_SPLAYS

·             12213-WMS-30-XX-T-C-32101-S8-P3 - DRAINAGE_STATEMENT

 

Other plans:

·             NC1V-004 1.0 – Ground mounted transformer – Foundation layout and details.  Option 4

·             12213-WMS-30-XX-D-A-17700-A-C2 – Proposed ILS External Enclosure Details.

 

2                 The development hereby approved shall be carried out in accordance with the Phase 2 Site Investigation (Solmek Ltd – S231119), received on the 2 January 2024 in respect of 24/00003/DISCON.

 

Following demolition of the existing structures on site, further testing on site shall be carried out in accordance with Section 4.8 of the document ‘Remediation Strategy and Validation Requirements’ – 1223-WMZ-30XX-T-C39001-S8-P1, received on the 2 January 2024 for 24/00003/DISCON.

 

The developer shall give at least 14 days’ notice to the Local Planning Authority (Environmental Health Division) prior to commencing works in connection with the remediation scheme.

 

3                 No dwellings or buildings hereby approved shall be occupied until:

 

a)       The approved remediation works required by condition 2 above have been carried out in full in compliance with the approved methodology and best practice.

 

b)       If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the local planning authority and the local planning authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination. The suspect material shall be re-evaluated to the satisfaction of the LPA and through the process described in condition 4 above.

 

c)       Upon completion of the remediation works required by condition 3 above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority. The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology. Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation shall be included.

 

 4       The development hereby approved shall be carried out in accordance with the Ground Investigation Report (Sub Surface Northeast Ltd – Jan 2023), received on the 2 January 2024 in respect of 24/00003/DISCON. 

 

Any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, shall be submitted to and approved in writing prior to their implementation on site, in order to ensure that the site is made safe and stable for the development proposed. 

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

 

5.     Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

 6.     The Method Statement detailed in Section 5.2.2 of the Ecology Survey and Code for Sustainable Homes report (CGC Ecology, February 2022) shall be implemented in full during demolition of Bungalows 13 and 14. A short statement of compliance shall be submitted to the LPA upon completion of works to discharge this condition.

 

 7.     Prior to the installation of lighting fixtures, a detailed lighting strategy shall be submitted to and approved in writing by the LPA to safeguard bats and other nocturnal wildlife. Lightspill to trees, hedgerows, bat boxes and adjacent offsite habitats shall be avoided. The Strategy shall provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Guidelines can be found in Guidance Note 08/18 - Bats and Artificial Lighting in the UK (BCT and ILP, 2018). Such approved measures will be implemented in full.

 

 8.     Prior to any landscaping being implemented on site, an Ecological Enhancement Plan shall be submitted to the LPA for approval. This shall expand upon the recommendations in Section 5.5.2 of Ecology Survey and Code for Sustainable Homes report (CGC Ecology, February 2022) and provide sufficient information to ensure these enhancements are implemented during construction. The approved Plan shall be implemented in full and features maintained in perpetuity.

 

9.     The development hereby permitted shall be carried out in accordance with the following plans and documents, approved under 24/00003/DISCON:

·     Preliminary Drainage Layout, Drawing No: 12213-WMS-30-XX-DR-C-39202-S3-P3, Version P3, dated 20/03/2023.

·     Flood Flow Routes, Drawing No: 12213-WMS-30-XX-DR-C-39205-S3-P2, Version P2, dated 20/03/2023.

·     Drainage Construction Details, Drawing No: 12213-WMS-30-XX-DR-C-39231-A-C1, Revision C1, dated 17/10/2024.

 

In addition, other supplementary documents and drawings support the application and complement those above. Construction of the sustainable drainage scheme will begin as soon as is practicably possible mitigating the risk of flooding to adjacent property and pollution of surrounding watercourses during construction, including the installation of flow limitation devices to ensure adherence to the agreed greenfield discharge rates off site as per documents:

 

·     Drainage Statement, Document Ref: 12213-WMS-30-XX-T-C-32101-S8-P3, Revision P3 dated 20/03/2023.

 

Construction activities should be managed in line with the CIRIA Guidance on the Construction of SuDS Manual C768, to ensure that the effectiveness of the sustainable drainage features is not compromised.

 

10.     Additional surface water run-off from the site during development will be carried out in accordance with the following plan, approved under 24/00003/DISCON:

·         Surface Water Management Plan during construction prepared by DRAGONFLY DEVELOPMENT.

 

In addition, other supplementary documents and drawings support the application and complement those above. Construction of the sustainable drainage scheme will begin as soon as is practicably possible mitigating the risk of flooding to adjacent property and pollution of surrounding watercourses during construction.

 

Construction activities should be managed in line with the CIRIA Guidance on the Construction of SuDS Manual C768, to ensure that the effectiveness of the sustainable drainage features is not compromised.

 

11.     Prior to the first occupation of the development, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the approved scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

12.     Notwithstanding the submitted details, no building will be occupied until full details of both hard and soft landscape works, to include details of all proposed means of enclosure, along with a programme for implementation, has been submitted to and approved in writing by the Local Planning Authority and the works and implementation programme must be carried out as approved. The details of means of enclosure must include brick walls to garden boundaries facing Primrose Hill and the rear boundaries of plots 12-15.

 

If within a period of five years from the date of the planting of any tree or shrub that tree or shrub may die, be removed, uprooted or become seriously damaged it shall be replaced by another of the same species during the first available planting season, unless a variation of the landscaping scheme is approved in writing with the Local Planning Authority.

 

13.     The development hereby approved shall adhere to the recommendations contained within the Construction Management Plan, received on the 2 January 2024, and approved under 24/00003/DISCON.

 

14.     Prior to occupation of any dwelling or building deriving access to or from Woburn Close, the permanent access arrangements shall be laid out (in accordance with the application drawing no. 12213 - WMS - 30 - XX - D - A - 10002 - A - C08 – Proposed Site Plan), fully constructed within highway limits (which may require relevant Stopping up Orders and S38 agreements to be in place), drained, lit, provided with white lining and tactile paving (where appropriate), and provided with visibility splays of 2.4m x 43m in each direction, both measured to the nearside edge of the carriageway. The area in advance of the sightlines being laid out as an extension of the existing footway and constructed in a solid bound material and not forming part of any adjoining plot, or other sub-division of the site.

 

15.     Prior to the first occupation of each dwelling, space shall be provided for the parking of vehicles associated with that dwelling, in accordance with the approved plans (in accordance with the application drawing no. 12213 - WMS - 30 - XX - D - A - 10002 - A - C08 – Proposed Site Plan), and such space shall be maintained thereafter free of any impediment to its designated use.

 

16.     The construction of the residential estate streets and footways (including layout, levels, gradients, surfacing and means of surface water drainage via a positive gravity-fed system discharging to a public sewer, highway drain or watercourse) shall be carried out in accordance with the documents submitted and approved under 24/00003/DISCON. For the avoidance of doubt the applicant is advised that the approval of these details does not grant approval of any submission to the highway authority for S278/S38 agreements and separate technical approval will be required.

 

17.     Prior to the first occupation of each dwelling hereby permitted, the new street between each respective plot and the existing public highway shall be laid out in accordance with the plans approved under the above condition, constructed to at least base level, drained and lit. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageway and footways in front of each respective plot shall be completed with the final surface course within 12 months (or 3 months in the case of a shared surface road) from the first occupation of that plot.

 

18.     No gates, including any part of their opening arc, shall be permitted to open outwards over the adjoining footway areas / highway. Any gates shall be set-back into the site an appropriate distance or shall open inwards only.

 

19.     No dwelling shall be occupied until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved in writing by the Local Planning Authority. The streets shall thereafter be maintained in accordance with the approved management and maintenance details or until such time as an agreement has been entered into under Section 38 of the Highways Act (1980).

 

20.     An electric vehicle charging point shall be provided on the exterior of each dwelling hereby approved, before the dwelling is first occupied.

 

21.     The development hereby permitted shall be carried out in accordance with the following materials and finishes, as approved by 24/00003/DISCON:

·       Red brickwork - Wienerberger Abbeydale Red Multi

·       Stone - Goldholme Stone - Ancaster Copper Hill Limestone

·       Roof tiles - Grey Calderdale roof tile

·       Cladding – Cedral Fibre Cement Cladding in Slate Grey

·       Grey brick - Marshall's concrete brick in Grey Lake

 

22.     No stripping, demolition works, or vegetation clearance shall take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present.

 

23.     Prior to any occupation of the dwellings hereby approved, individual meter boxes shall be installed to each new dwelling in accordance with the details submitted and approved under 24/00003/DISCON.

 

 

Councillors Janet Tait, Deborah Watson and Carol Wood returned to the meeting and as Councillor John Ritchie had previously declared an interest he moved to the public gallery prior to the next item of business.