Agenda item

Public Participation

Mr Peter Crawford spoke in support of the application.

Cllr Jeffrey Greenaway spoke in objection to the application.

 

The Area Team Leader explained that comments by email had been received from Haydon Wick Parish Council since the report had been written. His recommendation had been amended to delegate authority to grant planning permission to the Area Development Manager subject to the recommended conditions and the signing of a Section 106 agreement to cover the matters identified in the report. It was noted this was the second phase of a development which had earlier been agreed on appeal. The application had been influenced by changed circumstances and in particular the Secretary of State’s decision with respect to Ridgeway Farm. The Spatial Plans team now had no in principle objection to the application with regards to ecological concerns.   

 

The Committee then had the opportunity to ask technical questions of the officer. A flood risk assessment had been completed and found the scheme’s mitigation sites would be suitable. In relation to drainage, drainage engineers would be aware of the Ridgeway Farm development and its implications, however assessment could only be made on the basis of what was already there.    

 

Members of the public then had the opportunity to address the Committee with their views, as stated above.

 

The local councillor, Cllr Jacqui Lay, then spoke in objection to the application. 

 

During the debate concerns were raised regarding flood risks.

 

Resolved:

 

For Application 11/02763/FUL

 

That planning permission be DELEGATED to the Area Development Manager subject to the recommended conditions and the signing of a Section 106 agreement to cover the matters identified in the report.

 

Subject to the following conditions:    

 

(1)       WA1    FULL PLANNING PERMISSION -COMMENCEMENT 3 YEARS

 

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

 

REASON:  To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

(2)        WB1    SUBSEQUENT APPROVAL OF MATERIALS FOR WALLS & ROOFS

 

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.

 

Policy C3

 

(3)        Wc1    APPROVAL OF LANDSCAPING BEFORE COMMENCEMENT

 

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:-

 

·        location and current canopy spread of all existing trees and hedgerows on the land;

·        full details of any to be retained, together with measures for their protection in the course of development;

·        a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

·        finished levels and contours;

·        means of enclosure;

·        car park layouts;

·        other vehicle and pedestrian access and circulation areas;

·        all hard and soft surfacing materials;

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

·        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.

 

POLICY-[C3]

 

(4)        WC2    LANDSCAPING TO BE CARRIED OUT & MAINTAINED

 

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.

 

POLICY-[C3]

(5)      WC6   PROTECTION OF RETAINED TREES

 

No demolition, site clearance or development shall commence on site, and; no equipment, machinery or materials shall be brought on to site for the purpose of development, until a Tree Protection Plan showing the exact position of each          tree/s and their protective fencing in accordance with British Standard 5837: 2012: “Trees in Relation to Design, Demolition and Construction -Recommendations”; has been submitted to and approved in writing by the Local Planning Authority, and;

 

The protective fencing shall be erected in accordance with the approved details. The protective fencing shall remain in place for the entire development phase and until all equipment, machinery and surplus materials have been removed from the site. Such fencing shall not be removed or breached during construction operations.

 

No retained tree/s shall be cut down, uprooted or destroyed, nor shall any retained tree/s be topped or lopped other than in accordance with the approved plans and particulars. Any topping or lopping approval shall be carried out in accordance British Standard 3998: 2010 “Tree Work – Recommendations” or arboricultural techniques where it can be demonstrated to be in the interest of good arboricultural practise.

 

If any retained tree is removed, uprooted, destroyed or dies, another tree shall be planted at the same place, at a size and species and planted at such time, that must be agreed in writing with the Local Planning Authority.

 

No fires shall be lit within 15 metres of the furthest extent of the canopy of any retained trees or hedgerows or adjoining land and no concrete, oil, cement, bitumen or other chemicals shall be mixed or stored within 10 metres of the trunk of any tree or group of trees to be retained on the site or adjoining land.

 

[In this condition “retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs 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.

 

POLICY-[C3]

 

(6)        WD8

 

The roads, including footpaths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

REASON: To ensure that the development is served by an adequate means of access.

 

POLICY {C3}

 

(7)        WD12

 

No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

 

REASON: In the interests of highway safety.

 

POLICY {C3}

 

(8)        WE3    NO ADDITIONS/EXTENSIONS OR EXTERNAL ALTERATIONS

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

 

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

 

POLICY {C3}

 

(9)        WE15  USE OF GARAGE

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

 

REASON:  To secure the retention of adequate parking provision, in the interests of highway safety.

 

POLICY-[C3]

 

(10)      WG3    DISPOSAL OF SEWERAGE-SUBMITTED & IMPLEMENTED

 

   No development shall commence on site until details of the works for the disposal of sewerage including the point of connection to the existing public sewer have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be first occupied until the approved sewerage details have been fully implemented in accordance with the approved plans.

 

REASON: To ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

           

POLICY-[C3]

 

(11)      WG4    DISPOSAL OF SEWERAGE -IMPLEMENTED

 

The development hereby permitted shall not be occupied until the approved [sewage disposal] [drainage] works proposed have been completed in accordance with the submitted and approved details.

 

REASON: To ensure that the development is provided with a satisfactory means of drainage.

                       

POLICY-[C3]

 

(12)      WH2A CONTAMINATIONINVESTIGATION - SUBMITAND IMPLEMENT

 

Nodevelopmentshallcommenceonsite untilan investigationof thehistory  andcurrent  condition  ofthe site to determinethe likelihood  of theexistenceofcontaminationarisingfrom  previoususes hasbeen  carriedout andall ofthe  followingsteps  have been  complied  with tothe satisfactionof the  Local PlanningAuthority:

Step (i) Awritten  report  hasbeen  submittedto andapproved  bythe  Local PlanningAuthoritywhichshall include  detailsof the  previous uses ofthe sitefor atleast thelast 100  years anda description of  the  current  condition   of  the  site  with  regard  to  any  activities   that   may  have  caused contamination.  Thereport  shallconfirm  whetheror not  it islikely that  contaminationmay be  present  onthe site.

 

 

    Step  (ii)  If  the  above  report  indicatesthat  contaminationmay  be  present  on  or  under  the  site,  or if evidenceofcontaminationisfound,  amore  detailed  siteinvestigationand  riskassessment should   be   carried   out   in  accordance  with   DEFRAand   Environment  Agency's    "Model Procedures   for  the  Managementof  LandContamination CLRll"  and  other   authoritative guidance  anda report  detailing  thesite investigationand riskassessmentshallbe submitted to andapprovedinwriting bythe  LocalPlanning Authority.

 

     Step  (iii) Ifthe  report  submittedpursuant  tostep  (i)or(ii) indicatesthat  remedial  works  are required,  full details  have  been  submittedto  the  LocalPlanning  Authorityand  approved  inwriting  and thereafter implementedprior to  the  commencementof the  developmentor inaccordance with  atimetablethat  hasbeen  agreed  inwriting  bythe  LocalPlanning Authorityas  partof the   approved  remediation  scheme.  On  completion  of  any  required   remedial   works   the applicantshall  provide  writtenconfirmationtothe  LocalPlanning  Authoritythat  the  workshave been  completedin accordance  with the  agreed  remediationstrategy.

 

REASON:To  ensure   that   land  contamination  can  be  dealt   with  adequately  priorto  the  use  of  the  site  hereby approved  bythe  Local PlanningAuthority.

 

POLICY-[C3]

 

(13)      WH6    FLOOD RISK ASSESSMENT (IMPLEMENTATION)

 

The mitigation measures detailed in the approved Flood Risk Assessment (FRA) dated 12/9/12 shall be carried out in full prior to the first occupation of the development and/or in accordance with the approved timetable detailed in the FRA.

                       

REASON: In the interests of flood prevention.

                       

POLICY: National Planning Policy Frameworks paragraphs 100-103.

(14)      WM4    CONSTRUCTION METHOD STATEMENT

No development shall commence on site (including any works of demolition), until a Construction Method Statement, which shall include the following: 

a)     the parking of vehicles of site operatives and visitors;

b)     loading and unloading of plant and materials;

c)     storage of plant and materials used in constructing the development;

d)     the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)     wheel washing facilities;

f)      measures to control the emission of dust and dirt during construction;

g)     a scheme for recycling/disposing of waste resulting from demolition and construction works; and

h)     measures for the protection of the natural environment.

i)       hours of construction, including deliveries;

has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

POLICY-[C3]

 

(15)      WH8

 

Management and maintenance of all habitats shall be carried out in strict accordance with the management prescriptions set out in the approved Ecological Management Plan (Waterman, April 2013, Document ref: EED13466_R_1_4_4_LM), unless otherwise agreed in writing with the Local Planning Authority.  Upon commencement of development, annual monitoring reports shall be submitted to the Local Planning Authority, as required by the Ecological Management Plan, annually for a period of at least five years.

 

Reason: To protect and enhance the nature conservation interests at the site

 

Policy NE7

 

(16)      WH8

 

Prior to commencement of development, detailed proposals for the restoration of the River Ray (as approved by the Environment Agency) shall be submitted to and approved by the Local Planning Authority.  The Detailed River Restoration Proposals shall be in accordance with the principles of the approved preliminary concept, as shown on Drawing Ref CPM2658a/20 (Figure 5 of the approved Ecological Management Plan), and shall include timescales for carrying out and completing the works.  All restoration works shall be carried out in strict accordance with the approved Detailed River Restoration Proposals, and shall be completed within the approved timescales unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To protect and enhance the nature conservation interest of the River Ray

 

Policy NE7

 

(17)      WM13 APPROVED PLANS

 

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

 

Archaeological Report 12/9/11

Arboricultural survey & Constraints Report 12/8/11

Design and Access Statement 12/8/11

Drainage Layout (Revised) 9/2/13

Flood Risk Assessment and Drainage Strategy 12/9/11

Ecological Assessment 12/9/11

Ecological Management Plan including plan Ref CPM2658a/20 4/4/13

Environmental Noise Assessment 12/9/11

Geo-Environmental & Geo-Technical Report 12/9/11

Landscape & Visual Appraisal 12/9/11

Landscape Specification 12/8/11

Statement of Community Involvement 25/8/11

Transport Statement 12/9/11

Waste Audit and Management Strategy 12/9/11

Site Location Plan 12/8/11

Topographical Survey 12/9/11

Highway Layout 9/4/13

Car Parking Schedule 14/3/12

Footpath Diversion 9/4/13

Revised Landscape Proposals WAIN17762-10 Sheets 1 to 3 15/3/12

House Type Planning Drawings – 1552 (1 – 27 various revisions – full list to follow) 18/10/11

Revised Site Layout 14/3/11

Revised Street Elevations 1552/103 REV B 18/10/11

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

POLICY-[C3]