Agenda item

sPublic Participation

 

Elizabeth Neville spoke in objection to the application.

Sandra Richardson spoke in objection to the application.

Dr Rachel Clapton spoke in support  to the application.

Julian Kirby spoke in support to the application.

Jon Gateley spoke in support to the application.

Cllr Kim Diprose spoke on behalf of Alderberry Parish Council in objection to the application.

 

The Planning Officer presented his report to the Committee which recommended that permission be refused.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. The presenting officer highlighted a letter within the pack that discussed the delivery of the Health Centre and other new relevant information. Members asked if there was another allotment site in the area and the size of said allotments.

 

An item of late correspondence was circulated at the meeting.

 

The Local Member, Cllr Richard Britton, spoke on the application. Cllr Britton stated that work was being done towards developing the Alderberry Hub and clarified the definition of the word ‘hub’. Cllr Britton stated that this application was against the provisions of the core strategy and the national planning strategy. Cllr Britton stated that there was a need for the medical centre and that the additional work done by the applicant had been helpful. The Local Member discussed the commercial incentive to deliver this project and the need to see documentary evidence of the financial case. It was stated that Members could not be sure how the running costs of this development would be met and that evidence was required to provide reassurance. Cllr Britton recommended that the item be deferred as more information was required.

 

Members debated the financial viability and deliverability of the project. The suitability of the site for development and the importance of affordable homes in the area was discussed. The existing development on the site was raised and the medical need in the area was highlighted. Clarification was sought in regards to the potential for a non-determination appeal from the applicant should the item be deferred again. The need to prioritise the health facility over the residential dwellings was raised. Members discussed the structure of potential funding for the development, with reference to the input of AGE UK. The logistics of visiting the potential medical centre were discussed and the draft S106 Heads of Terms were referred to.

 

Cllr Richard Britton wished his dissent for the decision to be recorded.

 

Resolved:

 

To delegate to the Area Development Manager to APPROVE planning permission, subject to a S106 agreement, with the following conditions:

 

 

1. The development hereby permitted 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.

            REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a)   The scale of the development;

(b)  The layout of the development;

(c)   The external appearance of the development;

(d)  The landscaping of the site;

The development shall be carried out in accordance with the approved details.

REASON:  The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

3. An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON:  To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

4. No more than 8 market dwellings comprised in the proposed development hereby permitted shall be occupied before construction works to provide the Local Health Centre building are completed and the proposed allotments have been laid out and implemented to a specification to be agreed by the Local Planning Authority.

REASON: To secure the programming and phasing of, and an orderly pattern to the development.

 

5. No building on any part of the development hereby permitted shall exceed 2.5 storeys in height.

 

REASON: In the interests of amenity having regard to the characteristics of the site and surrounding development.

 

6. No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of visual amenity and the character and appearance of the area.

 

7. No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

(a) indications of all existing trees and hedgerows on the land;

(b) details of any to be retained, together with measures for their protection in the course of development;

(c) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads, and other works;

(d) finished levels and contours;

(e) means of enclosure;

(f) car park layouts;

(g) other vehicle and pedestrian access and circulation areas;

(h) hard surfacing materials;

(i) minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

(j) proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

8. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

9. No development shall commence on site until a scheme of phasing of landscaping has been approved in writing by the Local Planning Authority. The landscaping shall be carried out in the first planting and seeding season following occupation of the building(s) or the completion of the development, whichever is the sooner within that particular phase; any trees or plants which within a period of five years, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development.

 

10. No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).

 

If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the Local Planning Authority.

 

No equipment, machinery or materials shall be brought on to the site for the purpose of the development, until a scheme showing the exact position of protective fencing to enclose all retained trees beyond the outer edge of the overhang of their branches in accordance with British Standard 5837 (2005): Trees in Relation to Construction, has been submitted to and approved in writing by the Local Planning Authority, and; the protective fencing has been erected in accordance with the approved details. This fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

 

In this condition ?retained tree means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) above shall have effect until the expiration of five years from the first occupation or the completion of the development, whichever is the later.

 

REASON: To enable the Local Planning Authority to ensure the retention of trees on the site in the interests of visual amenity.

 

11. No development shall commence on site until a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas (other than small, privately owned, domestic gardens) has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as approved in accordance with the approved details.

 

REASON: To ensure the proper management of the landscaped areas in the interests of visual amenity.

 

12. No development shall commence on site until provision has been for open space, amenity areas and play areas in accordance with details to be approved in writing by the local planning authority (prior to the commencement of development).

 

REASON: To ensure a satisfactory provision of recreational and other open space throughout the development in the interests of the amenity of future residents

 

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting or amending that Order with or without modification), no vehicular access shall be made direct from the site to Castle Lane.

 

REASON: In the interests of highway safety.

 

14. No development shall commence on site until details of the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture, including the timetable for provision of such works, have been submitted to and approved by the Local Planning Authority. The development shall not be first occupied until the estate roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture have all been constructed and laid out in accordance with the approved details, unless an alternative timetable is agreed in the approved details.

REASON: To ensure that the roads are laid out and constructed in a satisfactory manner.

 

15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the area of the site and the proposed building referred to as the Local Health Centre shall be used solely for purposes within Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment)(England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON: To prevent a change of use of the proposed Local Health Centre to an alternative use that would not provide a service to the local community

 

16. No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from access/driveways), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first brought into use/first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

17. No development shall commence within the area indicated (proposed development site) until:

 

* A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

* The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: To enable the recording of any matters of archaeological interest.

 

18. No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 07:30 to 18:00 on weekdays and 08:00 to 13:00 on Saturdays. No burning of waste shall take place on the site during the construction phase of the development.

 

REASON: In the interests of neighbouring amenities

 

19. No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been undertaken and until:

 

(a) The Local Planning Authority has been provided with written confirmation that, in the opinion of the developer, the site is likely to be free from contamination which may pose a risk to people, controlled waters or the environment. Details of how this conclusion was reached shall be included.

(b) If, during development, any evidence of historic contamination or likely contamination is found, the developer shall cease work immediately and contact the Local Planning Authority to identify what additional site investigation may be necessary.

(c) In the event of unexpected contamination being identified, all development on the site shall cease until such time as an investigation has been carried out and a written report submitted to and approved by the Local Planning Authority, any remedial works recommended in that report have been undertaken and written confirmation has been provided to the Local Planning Authority that such works have been carried out. Construction shall not recommence until the written agreement of the Local Planning Authority has been given following its receipt of verification that the approved remediation measures have been carried out.

 

REASON:  To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

20. The development hereby approved be implemented in accordance with section 5 of the Ecological Impact Assessment (Species Ecological Consultancy, July 2013) and the Dormouse Mitigation Strategy (Species Ecological Consultancy, new date inserted 2014). All documents submitted for reserved matters applications should demonstrate how the above reports will be implemented in so far as it is relevant to the document in question. 

Reason: To ensure adequate mitigation in respect of protected species and nature conservation interests.

21. Before works commence a scheme of Ecological Works for the Construction Period will be submitted for planning authority approval providing details of how the works will be undertaken to provide compensatory habitat and avoid impacts to protected and sensitive species. The works will be undertaken in accordance with the approved scheme.

Reason: To ensure adequate mitigation in respect of protected species and nature conservation interests.

22. Before works commence, details of a Landscape and Environment Management Plan shall be submitted to the planning authority and approved in writing. The plan will identify:

·         ecological habitat features which will be retained and managed with the primary aim of enhancing biodiversity for the lifetime of the development

·         locations of key species of interest for which the site will be managed

·         other landscape features which will be maintained for amenity purposes

·         a programme of management works required to maintain the habitat, species and landscape features, identifying annual works and less frequent works

·         an estimate of the numbers of hours required for annual works (which will be organised to keep costs roughly similar from year to year), one off works will require additional time

·         monitoring requirements and procedures for reviewing the LEMP including reviews by specialist ecological professionals

 

Development shall be carried out in accordance with the Landscape and Environmental Management Plan thereby agreed.

 

Reason: To ensure adequate mitigation in respect of protected species and nature conservation interests.

 

Details of S106 agreement unless subsequently subject to CIL:

 

I.             40% on-site provision of affordable housing (representing 11 dwellings, of which 75% (8 units) would be rented units and 25% (3 units) would be shared equity units)

II.           The provision on site of an equipped children’s play space measuring at least 231 sqm, together with the provision of an area of casual open space on site extending to at least 385 sqm

III.          The provision of 0.2ha of allotments (on site)

IV.          A financial contribution towards providing 6 additional secondary school places in the district of approximately £120,000 (specific destination of which to be confirmed)

V.           A financial contribution of £24,213 towards improvements in leisure facilities (probably a CIL contribution)

VI.          A contribution of £92,400 made towards improvements to off-site Highways (probably specific to the proposed development and therefore S.106)

VII.         The provision of the on-site Local Health Centre facility

VIII.        Ecological mitigation and management (to be agreed, but specific to the application site)

IX.          A financial contribution (to be agreed) towards waste and recycling (specific to the application site)