Agenda item

This application was deferred from the meeting of the Planning Committee on 25^th September 2019 in order to obtain further advice from an independent Highways Consultant.

                  

Further details relating to the application were included in the Supplementary Report, including an amended recommendation reflecting an additional financial contribution officer by the applicant towards highways improvements in the local area.

 

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

 

The agent on behalf of the applicant attended the meeting and spoke in support of the application.

 

Committee considered the application having regard to the Bolsover District Local Plan, the emerging Local Plan and the National Planning Policy Framework.

 

The only matters for consideration in this application were whether the revised drainage system with underground tank was acceptable and technically feasible, taking into account sustainable drainage principles, and whether the revised access was safe and suitable for the proposed development.

 

On the basis of the independent advice from the highways consultant, it was considered that the T-Junction proposed in the application would provide a safe and suitable access to both the housing site and the commercial site subject to the detailed design considerations that would be considered at the s.278 stage of the development.

 

It was also noted that the applicant offered to safeguard land for the provision of a suitable roundabout to provide for a left-turn solution out of Tally End and a sum of £150,000 was offered to be put towards a suitable roundabout at this location. Alternatively this money could be used towards other highways improvements within the local area.

 

Moved by Councillor Steve Fritchley and seconded by Councillor Janet Tait

RESOLVED that application 19/00256/VAR be approved subject to:

 

1. prior entry into a legal agreement to secure land for the provision of a roundabout and a combined financial contribution of no less than £150,000 towards highway improvements within the local area;

 

2. the following varied conditions: 

 

1. The underground tank for the proposed sustainable drainage system for the housing development shall be located in accordance with the details shown on drawing No. E17/7044/004V (Revision V) produced by Haigh Huddleston and Associates.

 

2. Prior to the occupation of any dwelling hereby permitted, a fully operational surface water drainage system shall have been completed on site in accordance with detailed plans and specifications first submitted to and agreed in writing by the local planning authority.

 

3. Before any dwelling or other commercial building is first occupied, the new access junctions shall be formed onto the A619, Chesterfield Road generally in accordance with application drawing number LTP/3383/S1/01.01 Rev 0 produced by Local Transport Projects. 

 

AND

 

3. the following conditions repeated from the original permission (application no. 17/00298/VAR)

 

Safeguarded Trees and Hedgerows

 

1. The existing hedgerows and trees identified as to be safeguarded on the Design Concept and Illustrative masterplan drawings as contained within the Design and Access Statement and its addendum by FPCR LLP submitted with the application documents, shall be retained, and protected during construction works.

 

Ground Conditions

 

2. The proposed development shall be carried out in complete accordance with the implementation and mitigation measures contained within the gas risk assessment approved under discharge of conditions application no. 15/00406/DISCON.

 

3. A detailed remediation scheme to bring the whole site to a condition suitable for the intended uses by removing unacceptable risks to human health, buildings and other property, and the natural environment must be prepared, and is subject to the approval in writing of the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.  The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

4. The remediation scheme approved in accordance with condition 3 above, must be carried out in accordance with its terms, unless otherwise agreed in writing by the Local Planning Authority.  The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

5. Following completion of measures identified in the remediation scheme approved in accordance with condition 3 above, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.  The verification report will also provide for any long term monitoring of pollutant linkages, maintenance and arrangements for contingency action as approved in writing by the Local Planning Authority.

 

6. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority.  Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

7. In the event that it is proposed to import soil onto site in connection with the development, the proposed soil shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical testing of Soil Scheme for all parameters requested (where this is available), the results of which shall be submitted to the Local Planning Authority for approval.  Only the soil approved in writing by the LPA shall be used on site.

 

8. Piling or any other foundation designs using penetrative methods shall not be permitted unless it has been demonstrated to the Local Planning Authority and agreed in writing,   that there is no resultant unacceptable risk to groundwater.

 

Highways

 

9. The development hereby approved shall take place in accordance with the agreed Framework Travel Plan for the site dated December 2008 and with reference D118649.

 

10. No development within either phase of the development shall be occupied or otherwise brought into use unless and until footways have been provided between the bus stop shelters on Chesterfield Road (north east of the vehicular access into the development) and the residential and commercial areas of the development. 

 

 

Conditions relevant to the Housing Development

 

11. Prior to the occupation of a dwelling (or in accordance with a scheme of implementation submitted to and approved in writing by the local planning authority) a controlled pedestrian crossing of the A616 dual carriageway to the northern side of the residential site shall be provided to link the footpath from the north east of the residential site with the footway to the northern side of the A616/A619 roundabout in accordance with details  previously submitted to and approved in writing by the local planning authority.   

 

12. Prior to the occupation of a dwelling (or in accordance with a scheme of implementation submitted to and approved in writing by the local planning authority) the footpath from the north east of the residential site shall connect with the footway to the western side of the A616/A619 roundabout in accordance with details previously submitted to and approved in writing by the local planning authority.   

 

13. Prior to the occupation of a dwelling the new streets within the development shall have been laid out and constructed to at least base course, lit and drained to provide a link from the dwelling to the existing public highway. 

 

14. Construction work shall not begin on the residential element of the proposal until a scheme for protecting the proposed residential development from road traffic background noise (principally from the M1 motorway) has been submitted to and approved in writing by the Local Planning Authority.  All works which form part of the approved scheme shall be completed before any part of the residential development is occupied.     

 

15. No dwellings shall be erected within 20 metres of the application site boundary with the M1 motorway.

 

16. There shall be no occupation of dwellings adjacent to 124 Chesterfield Road whilst ever those premises are used for a scaffold business.

 

Conditions relevant to the Commercial Development

 

17. Prior to discharges to the public sewer from the commercial phase of the development all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor with an overall capacity compatible with the site being drained.

 

18. Before any related premises are occupied on the commercial phase of the development the whole of the vehicle parking and manoeuvring area and all service areas (including secure/covered cycle parking) shall be formed, laid out, constructed and surfaced in concrete, tarmacadam or block pavers.  All parking spaces shall be clearly and permanently delineated and shall be retained for their intended use at all times.

 

19. The access road serving the commercial phase of the development shall include a turning area suitable for large HGV's.

 

Legal Agreement

 

20. Prior to the first occupation of any dwelling or commercial unit hereby permitted, a completed deed of variation that links this permission to the varied obligations attached to 09/00370/OUTMAJ, or a completed s.106 legal agreement containing the same obligations, shall be submitted to the Local Planning Authority.