Agenda item

Application no. 21/00301/FUL

Meeting of Planning Committee, Wednesday, 15th September, 2021 10.00 am (Item PL14-21/22)

21/00301/FUL - Construction of 19 dwellings, Land Rear Of 39 To 59 The Woodlands, Whaley Thorns.

Minutes:

ii) 21/00301/FUL - Construction of 19 dwellings, Land Rear Of 39 To 59 The Woodlands, Whaley Thorns

Committee considered a report in relation to the above application presented by the Assistant Director – Development and Planning submitted by Bolsover District Council.

The application had been referred to Planning Committee given the financial viability issues raised in the submission, meaning normal S106 contributions towards recreation and leisure provisions were not being made.

The report provided details of the application and highlighted the key issues.

Further information was included in the Supplementary Report regarding minor amendments to the Officer’s recommendation and details of the Wildlife Trust’s comments on the application were the Trust had no overriding objections to the scheme.

This was a previously developed site that was considered to represent sustainable development and accord with most policy requirements. Whilst the normally required leisure contributions were not being provided, it was considered that the public benefit provided through the delivery of this fully affordable housing scheme outweighed the requirement in this case, evidenced by suitable financial viability assessment.

Dave Pearson and Stuart Downs, representatives from the Woodhead Group,

Chris Dawkins from William Saunders Architects, and the Council’s Property and Estates Manager, Katie Walters, were in attendance at the meeting to answer Members’ questions.

Councillor Duncan McGregor welcomed the report and noted that it was a good report that explicitly set out the need of the types of houses that the Council wanted to develop. He also noted the comment of the Strategic Housing Officer in the report in relation to the North Derbyshire and Bassetlaw Strategic Housing Market Assessment (2017), which had objectively assessed that an estimated 126 affordable homes should be brought forward each year to 2035, in order to meet all affordable housing need in the District. This application was for affordable homes and would help to meet the need in the District in line with the Council’s Local Plan. He also drew Members’ attention to the Planning balance conclusion in the report which he stated was important.

In response to a query from Councillor Jim Clifton, the Council’s Property and Estates Manager clarified that it would be the Council who would own and manage the properties and not a registered provider.

In response to a query from the Chair, Stuart Downes from the Woodhead Group confirmed that the intention was to build the properties with a timber frame and the outside skin in brick. This was because more sustainable construction was being looked at for this site and the application was actually going beyond meeting the Code for Sustainable Homes Level 3, and would meet the proposed building regulations for 2025. The properties would produce 80% less carbon than properties being developed under current building regulations.

Moved by Councillor Duncan McGregor and seconded by Councillor Derek Adams

RESOLVED that the application be APPROVED subject to the following conditions;

1. The development shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following approved drawings and documents, unless otherwise required and/or approved under other conditions of this planning permission:

• 12213-WMS-21-ZZ-DR-A-12100-S3-P02 - Proposed Site Plan

• 12213-WMS-21-ZZ-DR-A-12120-S3-P01 - Proposed 1B2P House Type Plans

• 12213-WMS-21-ZZ-DR-A-12121-S3-P01 - Proposed 2B3P Narrow Bungalow Plans

• 12213-WMS-21-ZZ-DR-A-12122-S3-P01 - Proposed 2B4P House Type Plans

• 12213-WMS-21-ZZ-DR-A-12123-S3-P01 - Proposed 3B5P House Type Plans

• 12213-WMS-21-ZZ-DR-A-12124-S3-P02 - Proposed 4B7P House Type Plans

• 12213-WMS-21-ZZ-DR-A-12130-S3-P01 - Proposed 1B2P House Type Elevations

• 12213-WMS-21-ZZ-DR-A-12131-S3-P01 - Proposed 2B3P Narrow Bungalow Elevations

• 12213-WMS-21-ZZ-DR-A-12132-S3-P01 - Proposed 2B4P House Type Elevations

• 12213-WMS-21-ZZ-DR-A-12133-S3-P02 - Proposed 3B5P House Type Elevations

• 12213-WMS-21-ZZ-DR-A-12134-S3-P02 - Proposed 4B7P House Type Elevations

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.

3. The scheme shall only be developed as a 100% affordable rented housing scheme to be owned and managed by Bolsover District Council, as detailed in the submitted Design and Access Statement.

Reason: To ensure that this development is not constructed for open market housing or other form of affordable housing mix, without the proper re-consideration of infrastructure requirements that may otherwise be required in line with policy contained in the adopted Local Plan for Bolsover District.

4. Prior to their installation, details of the location and appearance of any externally fitted air source heat pumps shall have been submitted to and approved in writing by the Local Planning Authority. Only those approved under this conditions shall be installed as part of the development.

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.

5. 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.

Reason: To promote high standards of low carbon and energy efficient design, to improve air quality and to ensure a satisfactory standard of external appearance, in compliance with the requirements of Policy SS1(d & h), SC1, SC2(d & i) and SC3(a, b, e & k) of the Local Plan for Bolsover District.

6. Before the commencement of the development hereby approved:

The site investigation strategy as identified in the Desk Study report Ref 12213-WMS-ZZ-XX-RP-C-32101-S8-P1 submitted with the application shall be undertaken by a competent person in accordance with the current UK requirements for sampling and analysis.

Where the site investigation identifies unacceptable levels of contamination, 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 shall be submitted to and approved in writing by the local planning authority. The submitted scheme shall have regard to relevant current guidance. The approved scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures. The scheme shall 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.

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.

REASON: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water and in compliance with Policies SS1(m&n), SC1(e), SC2(d,m,n&o), SC13 and SC14 of the Local Plan for Bolsover District.

7. No dwelling hereby approved shall be occupied until:

a) The approved remediation works required by 1 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 through the process described in the Phase I contaminated land assessment (desk-study) ref 12213-WMS-ZZ-XX-RP-C-32101-S8-P1 submitted with the application and through the process described in 1 above.

c) Upon completion of the remediation works required by 1 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.

8. No development shall take place until a scheme of dust mitigation measures and the control of noise emanating from the site during the construction period has been submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented throughout the construction period.

REASON: To protect the amenity of occupiers of nearby residential properties and in compliance with Policies SS1(n), SC1(e), SC2(d), Policy SC3: High Quality Development(n), and SC11 of the Local Plan for Bolsover District.

9. Before construction commences on the erection of any building or wall full details of the materials to be used in all external wall and roof areas shall first have been submitted to and approved in writing by the Local Planning Authority. The scheme must only be developed using the materials approved by this condition.

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

10. 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.

REASON: To ensure that satisfactory landscaping is provided within a reasonable period in the interests of visual amenity and biodiversity interests 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.

11. 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.

REASON: To ensure that any soft landscaping is suitably maintained in the interests of visual amenity and biodiversity and in compliance with Policies SS1(i), SC2(d, h and i), SC3(a, b, e, and i), SC9 and SC10 of the Local Plan for Bolsover District.

12. Before the development hereby approved is commenced, a scheme for the offsetting of biodiversity impacts at the site shall be submitted to and approved in writing by the Local Planning Authority. The proposed offsetting scheme shall be based on the Biodiversity Assessment undertaken by CGC Ecology [(August, 2021)] and shall provide for the creation and enhancement of habitats of a value no less than [0.04 units / 1.43 %] and shall include:

(i) Summary of the offset requirements of the development and confirmation of receptor site;

(ii) (ii) Detailed designs and management prescriptions to achieve proposed habitats and conditions;

(iii) (iii) The provision of arrangements to secure the delivery of offsetting measures, including a timetable for delivery;

(iv) A management and monitoring plan, to include for the provision and maintenance of the offsetting measures for a period of no less than 30 years from the commencement of the development.

(v) Identification of the persons responsible for implementing the works;

(vi) A timetable of ecological monitoring to assess the success of all habitat creation/enhancement and ensure that all habitats achieve their proposed management condition, as well as description of a feed-back mechanism by which the management prescriptions can be amended should the monitoring deem it necessary. All ecological monitoring and all recommendations for the maintenance/amendment of future management shall be submitted to and approved in writing by the Local Planning Authority.

(vii) The offsetting scheme shall thereafter be completed in accordance with the approved details.

REASON: In order to mitigate the biodiversity impacts of the development and in accordance with Policies SS1(i), SC2(d), SC3(i) and SC9 of the Local Plan for Bolsover District.

13. No vegetation clearance shall take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist. 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.

REASON: In order to mitigate the biodiversity impacts of the development and in accordance with Policies SS1(i), SC2(d), SC3(i) and SC9 of the Local Plan for Bolsover District.

14. Prior to the clearance of vegetation, rubble piles or topsoil, a Method Statement for Site Clearance shall be submitted to the LPA for approval. This shall contain reasonable avoidance measures to safeguard amphibians, reptiles and hedgehogs and shall include what to do in the event that animals are found during site clearance. There shall also be specific instructions for the unlikely occurrence of great crested newts being discovered. The Method Statement shall be implemented in full and a short statement of compliance submitted at the end of site clearance works.

REASON: In order to mitigate the biodiversity impacts of the development and in accordance with Policies SS1(i), SC2(d), SC3(i) and SC9 of the Local Plan for Bolsover District.

15. Prior to the installation of services, a detailed lighting strategy shall be submitted to and approved in writing by the LPA to minimise lightspill onto the adjacent Poulter Country Park and to safeguard bats and other nocturnal wildlife. This should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Dependent on the scale of proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of lightspill to any sensitive ecological zones/features. 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.

REASON: In order to mitigate the biodiversity impacts of the development and in accordance with Policies SS1(i), SC2(d), SC3(i) and SC9 of the Local Plan for Bolsover District.

16. No development shall take place 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. Drainage Strategy, The Woodlands, Langwith, Mansfield Revision by William Saunders building consultancy 12213-WMS-ZZ-XX-RP-C-32101-S2-P4 dated July 2021 Revision P4 and also including any subsequent amendments or updates to those documents as approved by the Local Planning Authority,

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.”

REASON: To ensure that the proposed development does not increase flood risk and that the principles of sustainable drainage are incorporated into this proposal, and sufficient detail of the construction, operation and maintenance/management of the sustainable drainage systems are agreed prior to their installation on site and in accordance with the requirements of Policies SS1(l and n), SC2(b, c, d, e, and f), SC3(i), and SC7 of the Local Plan for Bolsover District.

17. No development 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.

REASON: To ensure that surface water from the development is directed towards the most appropriate waterbody in terms of flood risk and practicality by utilising the highest possible priority destination on the hierarchy of drainage options. The assessment should demonstrate with appropriate evidence that surface water runoff is discharged as high up as reasonably practicable in the following hierarchy:

I. into the ground (infiltration);

II. to a surface water body;

III. to a surface water sewer, highway drain, or another drainage system;

IV. to a combined sewer.

And in accordance with the requirements of Policies SS1(l and n), SC2(b, c, d, e, and f), SC3(i), and SC7 of the Local Plan for Bolsover District.

18. Prior to commencement of the development, 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 LPA, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

REASON: To ensure surface water is managed appropriately during the construction phase of the development, so as not to increase the flood risk to adjacent land/properties or occupied properties within the developmentand in accordance with the requirements of Policies SS1(l and n), SC2(b, c, d, e, and f), SC3(i), and SC7 of the Local Plan for Bolsover District..

19. 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).

REASON: To ensure that the drainage system is constructed to the national Non-statutory technical standards for sustainable drainage and CIRIA standards C753 and in accordance with the requirements of Policies SS1(l and n), SC2(b, c, d, e, and f), SC3(i), and SC7 of the Local Plan for Bolsover District.

20. Before any other operations are commenced, 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.