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.
Councillor Andrew Joesbury, Ward Member, attended the meeting remotely and spoke against the application.
The agent, Ms Rebecca Booth, on behalf of the applicant attended the meeting remotely and spoke in support of the application.
Committee considered the application having regard to the Bolsover District Local Plan and the National Planning Policy Framework. This site was allocated by virtue of Policy LC1: Housing Allocations for housing development.
The main issues considered in the determination of this application were:
· the principle of the development;
· highway safety considerations, including whether the development would be provided with a safe and suitable access and the impact of the development on the local road network;
· landscape and visual impact of the development;
· whether the development could deliver a suitable design and layout and provide sufficient residential amenity;
· the ecology impacts of the development;
· potential contamination risks;
· drainage requirements;
· impacts on infrastructure, including recreation and leisure, education and health facilities; and
· heritage and archaeology impacts.
Moved by Councillor Duncan McGregor and seconded by Councillor Liz Smyth
RESOLVED that application 20/00185/OUT be approved subject to prior entry into a s.106 legal agreement containing the following planning obligations:
· 10% on-site affordable housing (for rent) provision (Policies LC2 and II2)*;
· Leisure contributions*: £858 per dwelling open space contribution; and £1022 contribution to built and outdoor sports facilities (Policies ITCR5, ITCR7 and II2);
· Off-site ecology mitigation (identification and provision of suitable land, as well as future management and maintenance of that mitigation);
· Health contribution* to be used to increase clinical capacity for Village Surgery at one or both of their sites - £23,040 is requested based on a 48 dwelling proposal, but given the outline nature of the proposals, this should be expressed as a £480 per dwelling contribution;
· Investigation into and ; subsequent implementation of traffic management, should this provide necessary, due to the propensity of parking on Lees Lane, taking into account a monitoring period of 5 years post completion of the development. Subject to a maximum sum of £5000*
*All financial contributions would be subject to indexation.
AND subject to the following conditions that are given in draft form, with the final wording to be agreed by the Planning Manager in consultation with the Chair and Vice Chair of Planning Committee: -
1. Approval of the details of the layout, scale, appearance, landscaping and those remaining access details beyond the main entry point into the site off Lees Lane (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
2. 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 and the development to which this permission relates shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
3. The proposed development is limited to a maximum number of 50 dwellings and any reserved matters application must be accompanied by a revised Design and Access Statement and Sustainability Statement. This shall demonstrate that the submitted reserved matters application proposal has followed a robust design led approach with appropriate regard to issues of sustainability.
4. The plans and particulars submitted in accordance with condition 1 above shall include:
a) a plan showing the location of, and allocating a reference number to, each existing tree on or overhanging the site which has a stem with a diameter, measured over the bark at a point of 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and the crown spread of each retained tree;
b) the plan shall also show details of all hedgerows on and around the site, showing which hedgerows are to be retained;
c) details of the species, diameter of trees (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and hedgerow, and of each tree which is on land adjacent to the site and to which paragraphs (d) and (e) below apply;
d) details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site and details of any reduction in height or width of any hedgerow;
e) details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, within 2m of any hedgerow and within the crown spread of any retained tree or of any tree on land adjacent to the site;
f) details of the specification and position of fencing and of any other measures to be taken for the protection of any retained tree and hedgerow from damage before or during the course of development.
g) In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above and “retained hedgerow” means an existing hedge to be retained in accordance with the plan referred to in paragraph (b) above.
5. No removal of vegetation or work to buildings will take place between 1st February and 31st September inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the local planning authority and then implemented as approved.
6. Prior to the commencement of any groundworks on the site, a survey for any recently excavated badger setts on the site or within 30 metres of the site boundary shall have been undertaken and will have been submitted to and approved in writing by the Local Planning Authority.
7. No development will take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) must include the following:-
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements and should include reptile and badger).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP must be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
8. A landscape and biodiversity enhancement and management plan (LBEMP) must be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of the development. The LBEMP must combine both the ecology and landscape disciplines and ensure that there is no net loss of biodiversity and ideally providing a measurable net gain. It should include the following:-
a) Description and location of habitat and species features to be created, planted, enhanced and managed including type and locations of bird boxes (c.25 integrated swift boxes), integrated measures for swallow, Barn Owl mitigation (based on section 4 of the Barn Owl Report prepared by TEP July 2020), hedgehog access gaps in gardens and details of habitat creation.
b) Aims and objectives of management for species and habitat.
c) Appropriate management methods and practices to achieve aims and objectives.
d) Prescriptions for management actions.
e) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a ten-year period).
f) Details of the body or organization responsible for implementation of the plan.
g) Ongoing monitoring visits, targets and remedial measures when conservation aims and objectives of the plan are not being met.
The LBEMP will also include details of the legal and funding mechanism(s) by which the long-term (25 years) implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The approved plan will be implemented in accordance with the approved details.
9. No development shall take place, other than site clearance works, until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:
a) Proposed Residential Development, Land off Lees Lane, South Normanton, Level 1 Flood Risk Assessment, by JPC Environmental Services, referenced: IE20/042/REVA/DS, dated May 2020 “including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team”
b) And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015) have been submitted to and approved in writing by the Local Planning Authority.
10.No development, other than site clearance works, shall take place until a detailed assessment has been provided to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in paragraph 80 reference ID: 7-080-20150323 of the planning practice guidance.
11.Prior to commencement of the development, other than site clearance works, the applicant shall submit for approval to the Local Planning Authority details indicating how additional surface water run-off from the site will be avoided during the construction phase. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall be operating to the satisfaction of the Local Planning Authority, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.
12.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 agreed 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).
13. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination.
A. Site Characterisation - An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
• human health,
• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,
• adjoining land,
• groundwaters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
B. Submission of Remediation Scheme - A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical 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.
C. Implementation of Approved Remediation Scheme - The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, 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.
Following completion of measures identified in the approved remediation scheme, 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.
D. Reporting of Unexpected Contamination - 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 in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, 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 in accordance with condition 3.
E. Importation of soil - 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 consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site.
14. Prior or concurrent with the submission of any reserved matters application, a scheme of sound insulation shall be submitted to and approved in writing the Local Planning Authority. The scheme shall be designed following the completion of a sound survey undertaken by a competent person. The scheme shall take account of the need to provide adequate ventilation, which will be by mechanical means where an open window would not achieve the following criteria. The scheme shall be designed to achieve the following criteria with the ventilation operating:
· Bedrooms 30 dB LAeq (15 Minutes) (2300 hrs – 0700 hrs)
· Living/Bedrooms 35 dB LAeq (15 Minutes) (0700 hrs – 2300 hrs)
· All Other Habitable Rooms 40 dB LAeq (15 Minutes) (0700 hrs – 2300 hrs)
· All Habitable Rooms 45 dB LAmax to occur no more than 6 times per night (2300 hrs – 0700 hrs)
· Any outdoor amenity areas 55 dB LAeq (1 hour) (0700 hrs – 2300 hrs)
The scheme as approved shall be validated by a competent person and a validation report submitted to and approved in writing by the local planning authority. The approved scheme shall been implemented in full and retained thereafter.
15. Prior to the commencement of development, an ‘Employment and Skills Plan’ (ESP) which will set out opportunities for, and enable access to, employment and up-skilling of local people through the construction phase of the development, shall have been submitted to and approved in writing by the Local Planning Authority. The ESP shall be implemented as approved.
16. No part of the development can be of vulnerable construction, that being —
(a) a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling with individual glazed or frangible panels larger than 1.5m2 and extending over more than 50% or 120m2 of the surface of any elevation;
(b) a building of more than three storeys above ground or 12m in height with solid walls and individual glass panes or frangible panels larger than 1.5m2 and extending over at least 50% of any elevation;
(c) a building of more than 400m2 plan area with continuous or individual glazing panes larger than 1.5m2 extending over at least 50% or 120m2 of the plan area; or
(d) any other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such as progressive collapse.
17. No development will commence until intrusive site investigations have been carried out on site to establish the exact situation in respect of coal mining legacy features. The findings of the intrusive site investigations must be submitted to the Local Planning Authority for consideration and approval in writing. The intrusive site investigations shall be carried out in accordance with authoritative UK guidance.
18. Where the findings of the intrusive site investigations (required by condition 18 above) identify that coal mining legacy on the site poses a risk to surface stability, no development will commence until a detailed remediation scheme to protect the development from the effects of such land instability has been submitted to the Local Planning Authority for consideration and approval in writing. Following approval, the remedial works must be implemented on site in complete accordance with the approved details.
19. Before any other operations are commenced, except for site clearance, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.
20.Throughout the period of development vehicle wheel cleaning facilities shall be provided and retained within the site. All construction vehicles shall have their wheels cleaned before leaving the site in order to prevent the deposition of mud and other extraneous material on the public highway.
21.Before any other operations are commenced the new junction shall be formed to Lees Lane and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centreline of the access, for a distance of 43 metres in the non-critical direction i.e. to the left out of the site and 2.4m x to the tangent of the bend in the critical direction i.e. to the right out of the site measured along the nearside carriageway edge, in accordance with details that will have first submitted to and approved in writing by the Local Planning Authority as part of any reserved matters application. The area in advance of the visibility sightlines shall be constructed as footway and form part of the publicly maintainable highway.
22.Before any other operations are commenced (excluding creation of the new access, the subject of condition 22 above), any redundant vehicular and pedestrian access to Lees Lane shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as footway in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority.
23. The premises, the subject of the application, shall not be occupied until the proposed new estate streets within the application site have been designed and laid out, in accordance with Derbyshire County Council’s Design Guide Delivering Streets and Places, and constructed to base level to adoptable standards all as agreed in writing with the Local Planning Authority.
24. The premises, the subject of the application, shall not be occupied until space has been provided within the site curtilage for the parking and manoeuvring of vehicles, including service / delivery vehicles, located, designed, laid out and constructed all as agreed in writing with the Local Planning Authority and maintained throughout the life of the development free from any impediment to its designated use.
(Planning Manager (Development Control))