Agenda item

19/00005/REM - Approval of Reserved Matters application for details of appearance, landscaping, layout and scale in relation to the development of 238 homes, open space and associated infrastructure, along with discharge of conditions 6 (Phasing Programme), 8 (Framework Travel Plan), 11 (Highway Surface Water Disposal), 15 (Maintenance/Management of public areas) and 16 (hedgerow retention/creation) of the outline planning permission ref. 14/00080/OUTEA in respect of the areas of the site included in this application, Land Between Welbeck Road and Oxcroft Lane, Bolsover

Minutes:

Further details relating to the application were included in the Supplementary Report, which included amended plans.

 

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.

 

This application had previously been considered by the Planning Committee in September 2019.  The item had been brought back to the Planning Committee for re-consideration in the light of material amendments to the previously agreed scheme.

 

The agent, Mr Paul Butler, 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.

 

The main issues considered in the determination of this application were:

·         the principle of the development;

·         layout and design;

·         landscape and ecology;

·         highway safety;

·         flood risk and drainage;

·         noise.

 

The principle of development on this site had already been established through the strategic Local Plan allocation and the previous grant of outline planning permission.

 

It was moved by Councillor Duncan McGregor and seconded by Councillor Deborah Watson that the application be approved in line with the officer recommendation as set out in the report and supplementary papers.

 

Councillor Nick Clarke moved an amendment to the Motion which was seconded by Councillor Anne Clarke to defer the application until all the information had been received by officers and could be made available to the Planning Committee.  On being put to the vote the amendment was lost.

 

The substantive Motion was then put to the vote and was carried.

 

RESOLVED - that application 19/00005/REM be granted planning permission, but the final decision be deferred to the Planning Manager, in consultation with the Chair and Vice Chair of the Planning Committee, subject to the following conditions, or additional conditions considered necessary to resolve outstanding issues where these cannot be satisfactorily resolved through amended details:-

 

1.    The development hereby permitted shall be carried out in accordance with the following approved drawings and documents:

·         A DETAILED LIST OF PLANS WILL BE INCLUDED HERE TO REFLECT THE FINAL DETAILED DRAWING SUBMISSIONS.

[REASON:For the avoidance of doubt and having regard to the amended and additional documents submitted during the application in order to define the planning permission.]

 

2.         The submitted hard and soft landscaping details submitted with the planning application, containing full details and specifications for all soft landscaping including replacement hedges, full details of all means of enclosure, highway and footpath surfacing and a detailed specification for the permanent management and maintenance for all public areas, are not hereby approved, and the requirements of conditions 15 and 16 of outline planning permission ref. 14/00080/OUTEA are not hereby discharged.  Revised details must have been submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of conditions 15 and 16 of outline planning permission ref. 14/00080/OUTEA prior to the commencement of any development.

[REASON: To ensure that satisfactory landscaping is provided within a reasonable period and managed for the long term in the interests of visual amenity and biodiversity and in compliance with Policies SS1(h an i), SC2(d, h and i), SC3(a, b e, f and i). SC9 and SC10 of the Local Plan for Bolsover District.]

 

3.         An electric vehicle recharging point shall be provided within the garage or on the exterior of each dwelling before the dwelling to which the recharging point relates is first occupied. All recharging points shall thereafter be retained. Cable and circuitry ratings shall be of adequate size to ensure a minimum continuous current demand of 16 Amps.

[REASON: To promote high standards of low carbon and energy efficient design, to improve air quality and in compliance with the requirements of Policy SS1(d), SC2(d) and SC3(k) of the Local Plan for Bolsover District.]

 

4.     Notwithstanding the submitted details, revised details of all external walling and roofing materials shall have been submitted to and approved in writing for each dwelling prior to the construction of that dwelling above foundation level. 

 [REASON: To ensure a satisfactory standard of external appearance and in compliance with Policies SS1(h), SC1, SC2(g and i), and SC3(a, b and e) of the Local Plan for Bolsover District.]

 

5.         Prior to any works commencing, except for the installation of any protective fencing for retained landscaping, archaeological works and site clearance works, details of the finished floor levels for all dwelling shall have been submitted to and approved in writing by the Local Planning Authority and the scheme as constructed shall fully accord with any approved details.

[REASON: To ensure a satisfactory standard of external appearance and amenity and in compliance with Policies SS1(h), SC1, SC2(h and i), and SC3(a, b, e and n) of the Local Plan for Bolsover District.]

 

6.         All meter boxes should where practicable be located on elevations not fronting a highway and if located on such elevations, should be colour coded to tone in with the background material of each plot.

[REASON: [To ensure a satisfactory standard of external appearance and amenity and in compliance with Policy GEN2 of the Bolsover District Local Plan]

 

7.         Prior to their installation, full details of the proposed Pumping Station and Electricity Sub-Stations must have been submitted to and approved in writing by the Local Planning Authority and the completed development must be carried out only in accordance with those approved details.

[REASON: To ensure a satisfactory standard of external appearance and amenity and in compliance with Policies SS1(h), SC1, SC2(g and i), and SC3(a, b and e) of the Local Plan for Bolsover District.]

 

8.         Notwithstanding the submitted Noise Impact Assessment, prior to any development above foundation level, a revised scheme of sound insulation shall be submitted to and approved in writing the Local Planning Authority. The scheme shall be designed using the findings of the Noise Impact Assessment ref: NIA/8243/19/8190/v1/Marlpit Lane dated 8th January 2019 or an updated 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 hour (2300 hrs – 0700 hrs)

·         Any outdoor amenity areas - 55 dB LAeq (1 hour) (0700 hrs – 2300 hrs)

 

The approved scheme shall been implemented in full and retained thereafter.

 

9.         Prior to occupation of each dwelling identified as requiring noise mitigation measures by any assessment approved under the terms of this condition, the scheme as approved must be validated in respect of that dwelling by a competent person and a validation report must have been submitted to and approved in writing by the local planning authority in respect of that dwelling.

[REASON: In the interests of the amenities of the occupants of the proposed dwellings and in compliance with the requirements of Policy GEN3 of the Bolsover District Local Plan.]

 

10.       Prior to occupation of any dwelling on site, the access arrangements and modifications to Marlpit Lane/ Welbeck Road shall be provided as shown on drawing Ref. P18-2638.001L – Planning Layout.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

11.       Prior to any works commencing, except for the installation of any protective fencing for retained landscaping, site clearance works, remediation works and archaeological investigation works, a formal Section 38 Highways Adoption Agreement must be in place with the Local Highway Authority.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

12.       The carriageways of the proposed estate roads shall be constructed in accordance with details approved under Condition 9 above up to and including at least road base level, prior to the occupation of any dwelling intended to take access from that road. The carriageways and footways shall be constructed up to and including binder course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway. 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 carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

13.       Internal estate street junctions shall be provided with 2.4m x 25m minimum visibility splays in each direction, measured to the nearside carriageway edge; the area in advance of the sightlines being laid out as an extended footway / margin, forming part of the estate street and not part of any adjoining plot or other third party land.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

14.       The estate streets shall be provided with 15m forward visibility sightlines around the inside of bends in the street alignment, as laid out in the County Council’s Delivering streets and Places design guide; the area in advance of the sightlines being laid out as an extended footway, forming part of the estate street and not part of any adjoining plot or other third party land.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

15.       Individual driveways shall be provided with 2.4m x 25m visibility splays in each direction to the new estate street, or other such dimension as may be agreed with the Local Planning Authority, measured to the nearside carriageway channel level; the area in advance of the sightlines remaining thereafter free from any obstructions to visibility over 1m high (600mm in the case of vegetation) relative to the nearside carriageway channel level.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

16.       Where permanent turning arrangements for service and delivery vehicles have not been provided for a dwelling, that dwelling shall not be occupied unless and until a temporary turning facility, details of which shall have previously been submitted to and approved in writing by the Local Planning Authority, has been provided. The temporary turning facilities shall be retained as approved at all times free from obstruction to its use for the turning of service and delivery vehicles until the permanent turning facility has been provided in accordance with the approved plans.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

17.       No dwelling shall be occupied until space has been provided within the site curtilage / plot for the parking of residents and visitors vehicles associated with that dwelling, all to be laid out in accordance with the approved drawings and constructed as may be agreed in writing by the Local Planning Authority. The facilities shall be retained throughout the life of the development free from any impediment to their designated use, for the parking of motor vehicles at all times.

[REASON: In the interests of highway safety and in accordance with the requirements of Policies SC3(e) and ITCR11 of the Local Plan for Bolsover District.]

 

18.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (or any Order revoking and/or re-enacting that Order) the garage/car parking space(s) hereby permitted shall be retained as such and shall not be used for any purpose other than the garaging of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority.

[REASON: In the interests of highway safety and in accordance with the requirements of Policies SC3(e) and ITCR11 of the Local Plan for Bolsover District.]

 

19.       No gates or other barriers, including any part of their opening arc, shall be permitted to open out over public highway areas. Gates should open inwards only or should be set back an appropriate distance within the site to accommodate opening.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

20.       The proposed property access drives shall be no steeper than 1 in 10 for the first 6m from the nearside highway boundary and shall be provided with sufficient vertical curvature to prevent the grounding of vehicles when traversing to and from the highway.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

21.       Prior to any works commencing, except for the installation of any protective fencing for retained landscaping, site clearance works, remediation works and archaeological investigation works details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of water from the development onto the highway. The approved scheme shall be undertaken and completed prior to the first use of the access concerned and retained as such thereafter.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

22.       The submitted Framework Travel Plan is not hereby approved and the requirements of condition 8 of outline planning permission ref. 14/00080/OUTEA is not hereby discharged.  A Revised Framework Travel Plan must have been submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of conditions 15 and 16 of outline planning permission ref. 14/00080/OUTEA prior to any works commencing, except for the installation of any protective fencing for retained landscaping, site clearance works, remediation works and archaeological investigation works.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

23.       The submitted highway surface water drainage scheme is not hereby approved and the requirements of condition 11 of the outline planning permission ref. 14/00080/OUTEA is not hereby discharged.  Revised highway surface water drainage details must have been submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of conditions 11 of outline planning permission ref. 14/00080/OUTEA prior to any works commencing, except for the installation of any protective fencing for retained landscaping, site clearance works, remediation works and archaeological investigation works.

[REASON: In the interests of highway safety and in accordance with the requirements of Policy SC3(e) of the Local Plan for Bolsover District.]

 

 

 (Planning Manager (Development Control))

 

Supporting documents: