Agenda item

Demolition of 16 dwellings and erection of 72 new residential dwellings (Major Development) (Amended Plans) at Whiteleas Avenue, North Wingfield.

 

(Planning Manager – Development Management)

 

The report to Committee explained that an Application had been submitted for the demolition of 16 dwellings and the erection 72 new residential dwellings at Whiteleas Avenue, North Wingfield. As required under the Council’s Constitution, the Application had been referred to Planning Committee for determination; as it had been submitted on behalf of Rykneld Homes Limited, the Managers of the Council’s Housing Stock.

 

Planning Committee was recommended to approve the Application, subject to the conclusion of a Section 106 Agreement. The report to Committee explained the reasons for this.

 

Members were reminded that the Application was for a major development and that it would be located on a site which had previously been used for housing. Much of this former housing had been dilapidated and had now been cleared. Officers felt that the site would be an appropriate location to build additional and replacement housing. In particular, they had taken into account how the development would make a significant contribution towards increasing the amount of affordable housing in the District.

 

The report explained that the proposed housing would be of good design and would be in keeping with the surrounding area. It would be a sustainable development and that the proposed mix of tenures would help meet the requirement for affordable, mixed ownership and open market dwellings in the local area. The officers had concluded that the Application should be approved, subject to specific alterations and with an appropriate Section106 Agreement (an agreement reached between the Council and Developer to carry out social and physical infrastructure improvements to help offset the impact of a development).

 

Before Committee considered the Application, it heard from G Ward the Agent for the Application. No one had registered to speak against the Application.

 

Committee considered the Application. It took into account the Principle of Development and the location of the proposed development on an unallocated site within the defined Settlement Development Limits for North Wingfield. It considered Local Plan Policy SS7, which sets out when developments on such sites would be appropriate. It took into account Local Plan Policy LC2 on the requirement for affordable housing across the District as a whole and the benefits of this to the local area and community.

 

Members reflected on the need for an appropriate Section 106 Agreement to mitigate the impact of the Development and the specific requests for financial contributions as part of this agreement which had been made.

 

Members discussed the Application. Some Members asked for and received confirmation that there would be no flood risk on the site. Members were informed that concerns had been raised by Derbyshire County Council as Lead Local Flood Authority (LLFA) about possible flood risks on a specific part of the site. In response, two plots had now been withdrawn from the proposed development, which had removed the risk.

 

Members also heard how the layout of the plans had been amended slightly to reflect officer concerns on separation distances and garden sizes from some of the plots and the requirements of the Highway Authority on footpath widths. These amended plans, it was explained, were now subject to consultation. Committee was recommended to approve the Application on that basis and for the Planning Manager (Development Management) be authorised to make any necessary amendments following on from this consultation.

 

At the conclusion of the discussion, Councillor D Hancock and W Armitage moved and seconded a motion to approve officer recommendations, subject to the outcome of the consultation on the revised plans, with the final conditions to be determined by the Planning Manager (Development Management).

 

RESOLVED -

 

That the Application be conditionally approved in line with officer recommendations and as Section 106 agreement. The final wording and content of the conditions delegated to the Planning Manager (Development Management)

 

Section 106 Heads of Terms

 

            Affordable housing provision as set out in the application (27 affordable rent and 10 shared ownership)

 

            £72,662.20 for the provision of additional educational facilities for 4 primary places at North Wingfield Primary and Nursery School.  

 

            £112,132.28 for the provision of additional educational facilities for 4 secondary phase (with post 16) places at Tupton Hall School.

 

            £17,216.25 with  a maintenance contribution over 10 years of £6,048.38 towards existing offsite play provision. 

 

            £32,719 towards NHS Chesterfield Royal Hospital.

 

Conditions

 

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

 

Reason:  Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

 

2.    The development hereby approved shall be carried out in accordance with the details shown on the following plans:-

 

40549 004R   SITE LAYOUT

FW2220-TN-001   TECHNICAL NOTE PLOT 71 AND 72  

 

Preliminary Bat Roost Assessment and Further Bat Surveys dated 24.08.2022

 

WANW-BSP-XX-D-H-002-P01   DIMENSIONS PLAN received 18.07.22

WANW-BSP-XX-XX-D-H-0001-P01   SWEPT PATH ANALYSIS received 18.07.22

 

Flood Risk Assessment received 30.05.2022

 

3664NGLS_01-03   TOPOGRAGH SURVEY 

40549/017C   BOUNDARY TREATMENT PLAN 

40549/032   GARDEN SIZES PLAN 

YORKSHIRE WATER DRAINAGE PLAN

 

Design and Access Statement

Transport Statement

 

36643NGUG-01   UTILITIES AND DRAINAGE SURVEY 

40549/008C   MATERIALS DISTRIBUTION PLAN 

 

40549/009C   HOUSE-TYPE 3B5P

40549/010C   HOUSE-TYPE 3B5P

40549/011C   HOUSE-TYPE 3B5P KF TERRACE

40549/012C   HOUSE-TYPE 3B5P KF TERRACE STONE OPTION ...  

40549/013A   HOUSE-TYPE 2B4P KF

40549/014B   HOUSE-TYPE 2B4P CRANKED STONE

40549/015B   HOUSE-TYPE 2B3P BUNGALOW

40549/016B   HOUSE-TYPE 2B3P BUNGALOW STONE OPTION 

40549/022   HOUSE-TYPE 4B6P - NDSS

40549/023A   HOUSE-TYPE 3B5P KF - NDSS

40549/024   HOUSE-TYPE 3B5P KF (STONE) - NDSS

40549/025   HOUSE-TYPE 3B5P KF TERRACE - NDSS

40549/026   HOUSE-TYPE 2B4P KF

40549/027A   HOUSE-TYPE 2B3P BUNGALOW - NDSS

40549/028   HOUSE-TYPE 3B5P KF PLOTS 67, 68 - NDSS

40549/029   NO 55 BOUNDARY ALTERATIONS

40549/030   HOUSE-TYPE 2B4P CRANKED STONE DETACHED

 

40549/019   STREET ELEVATIONS 

40549/031   SITE LOCATION PLAN 

 

BIODIVERSITY SURVEY AND REPORT

COAL MINING RISK ASSESSMENT

LAND CONTAMINATION ASSESSMENT

 

Reason: For clarity and the avoidance of doubt.

 

Employment and Training

 

3.    Before the development hereby approved commences, a scheme to enhance and maximise employment and training opportunities during the construction stage of the project, including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be implemented in full in accordance with the approved timetable.

 

Reason: In the interests of creating sustainable development in accordance with policy SS1 of the North East Derbyshire Local Plan

 

Sustainable Design, Character and Appearance

 

4.    Before any above ground works commence, the following shall be submitted to and approved in writing by the Local Planning Authority:

a)         A scheme of landscaping which shall include indications of all existing trees and hedgerows on the land

b)         The details of any trees and hedgerows to be retained together with measures for their protection during development,

c)         A schedule of proposed plant species, size and density and planting locations and

d)         An implementation programme

 

Reason: In the interest of the appearance of the area and in accordance with policies SS1, LC4, and SDC12 of the North East Derbyshire Local Plan

 

5.    All planting, seeding or turfing in the approved scheme of landscaping shall be carried out in the first planting and seeding season following the occupation of buildings or the completion of the development, whichever is the sooner.  Any plants or trees which within a period of 5 years from the completion of development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

 

Reason: In the interest of the appearance of the area and in accordance with policies SS1, LC4, and SDC12 of the North East Derbyshire Local Plan

 

6.    Before development starts, other than preparatory works, details of the existing ground levels, proposed finished floor levels of the dwellings and the proposed finished ground levels of the site, relative to a datum point which is to remain undisturbed during the development, shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details and the levels shall be retained as such thereafter.

 

Reason: In the interest of the appearance of the area and in accordance with policies SS1, LC4, and SDC12 of the North East Derbyshire Local Plan

 

7.    Before any above ground works commence a scheme for mitigating climate change through sustainable design and construction of the dwellings shall be submitted to and approved in writing by the LPA.  Thereafter the approved climate change scheme shall be implemented in full and retained as such thereafter.

 

Reason: In the interests of creating sustainable development in accordance with policy SS1 of the North East Derbyshire Local Plan.

 

8.    Before any above ground works commence, precise specifications (including the manufacturer, range and colour details where applicable) or samples of the walling and roofing materials to be used, shall be submitted to and approved in writing by the Local Planning Authority . The development shall then be carried out in accordance with the approved details.

 

Reason: In the interest of the appearance of the area and in accordance with policies SS1, LC4, and SDC12 of the North East Derbyshire Local Plan.

 

9.    Before any above ground works commence details of a new first floor window to the southern elevation of plot 70 shall be submitted to and approved in writing by the Local Planning Authority . The development shall then be carried out in accordance with the approved details.

 

Reason: To protect the amenity of adjacent residential occupiers and in accordance with Policy SDC12 of the North East Derbyshire Local Plan.

 

10.The window(s) proposed in the front elevation of the bedroom 1 of Plot 70 shall be fitted with obscure glazing prior to the dwelling hereby approved being brought into use. The obscure glazing shall be installed in order to provide of level of obscurity at least equivalent to level(s) 3 on the Pilkington Glass scale and the glazing shall be retained as such thereafter.

 

Reason: To protect the amenity of adjacent residential occupiers and in accordance with Policy SDC12 of the North East Derbyshire Local Plan.

 

Highways

 

11.Before any other operations are commenced, a construction method statement shall be submitted to and be approved in writing by the Local Planning Authority. The agreed plan/statement shall be adhered to throughout the construction period. The construction method statement shall provide information about the construction access, storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles during the construction period.

 

Reason: In the interests of highway safety and in accordance with policy ID3 of the North East Derbyshire Local Plan

 

12.Throughout the period of construction, wheel washing facilities shall be provided within the site and used to prevent the deposition of mud and other extraneous materials on the public highway.

 

Reason: In the interests of highway safety and in accordance with policy ID3 of the North East Derbyshire Local Plan

 

13.Before the commencement of any operations on site, a scheme for the disposal of highway surface water via a positive gravity-fed system, discharging to an outfall on public sewer, highway drain or watercourse, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full in accordance with the approved details and retained as such thereafter. 

 

Reason: In the interests of highway safety and in accordance with policy ID3 of the North East Derbyshire Local Plan

 

14.Before any other operations are commenced excluding Condition 9 above the new vehicular and pedestrian accesses shall be created in accordance with the drawing ‘Proposed Site Layout 40459/004R’ , laid out, constructed and provided with visibility sightlines extending from a point 2.4m from the carriageway edge, measured along the centre line of the access, to the extremities of the site frontage abutting the highway in each direction. The land in advance of the sightlines shall be maintained in perpetuity clear of any object greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway channel level.

 

Reason: In the interests of highway safety and in accordance with policy ID3 of the North East Derbyshire Local Plan

 

15.Prior to first occupation a Travel Plan Statement shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan Statement shall set out proposals (including a timetable) to promote travel by sustainable modes and shall be retained in perpetuity. 

 

Reason: In the interests of highway safety and in accordance with policy ID3 of the North East Derbyshire Local Plan

 

Ecology

 

16.No stripping, demolition works or clearance of hedgerow, scrub or trees shall take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. 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:  To safeguard the ecology of the site and ensure ecological interest is conserved in accordance with Policy SDC4 of the North East Derbyshire Local Plan.

 

17.The demolition of Buildings 65 &67 shall not take place until either a European Protected Species licence has been obtained from Natural England or the site has been registered under a bat mitigation class licence (low impact). Upon receipt of a licence from Natural England/site registration, works shall proceed strictly in accordance with the approved mitigation, which should be based on the proposed measures outlined in the Preliminary Bat Roost Assessment and Further Bat Surveys (Peak Ecology, 24/08/2022) and amended as necessary based on any correspondence from Natural England. Such approved mitigation will be implemented in full in accordance with a timetable of works included within the licence and followed thereafter. A copy of the licence/confirmation of registration will be submitted to the LPA once granted.

 

Reason:  To safeguard the ecology of the site and ensure ecological interest is conserved in accordance with Policy SDC4 of the North East Derbyshire Local Plan.

 

18.Prior to building works commencing above foundation level, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority. Such approved measures shall be implemented in full and maintained thereafter. The plan shall clearly show positions, specifications and numbers of features, which will include (but are not limited to) the following:

·         integral bird boxes at ratio of 1:1 per number of dwellings, in line with British Standard 42021:2022. A variety of boxes will be used suitable for house sparrow, starling and swift.

·         integrated bat boxes in 25% of dwellings.

·         insect bricks in 25% of dwellings.

·         gaps 130 mm x 130 mm in garden fencing to maintain connectivity for hedgehogs.

·         summary of ecologically beneficial landscaping, including native hedgerow planting to achieve no net loss of native hedgerow on site (full details to be provided in Landscape Plans).

 

Reason: To safeguard the ecology of the site and ensure ecological interest is conserved in accordance with Policy SDC4 of the North East Derbyshire Local Plan.

 

Drainage

 

19.The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed.

 

Reason: In the interest of satisfactory and sustainable drainage in accordance with policy SDC11 of the North East Derbyshire Local Plan.

 

20.There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:

i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and

ii) the means of discharging to the public sewer network at a rate not to exceed 3.5 litres per second.

 

Reason: In the interest of satisfactory and sustainable drainage in accordance with policy SDC11 of the North East Derbyshire Local Plan.

 

Ground Conditions

 

21.Before the commencement of construction works including any demolition in connection with the development hereby approved, a programme of measures to minimise the spread of airborne dust from the site during construction and demolition periods shall be submitted to and approved in writing by the Local Planning Authority. The construction shall be undertaken in accordance with the approved scheme.

 

Reason – To protect local air quality and in the interests of the amenity of surrounding dwelling sand in accordance with Policy  SDC13 of the North East Derbyshire Local Plan

 

22.Before the commencement of the development hereby approved: The site investigation strategy as identified in the Desk Study report Ref EAL.172.21 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.

 

23.No dwellings 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 submitted with the application and through the process described in 20 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.

 

REASON: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water

 

Amenity

 

24.Construction works on site and deliveries to the site shall be undertaken only between the hours of 7:30am to 6pm Monday to Friday and 7:30am to 1pm on Saturday. There shall be no work undertaken on site or deliveries to the site undertaken on Sundays or public holidays.

 

Reason: To protect the amenity of nearby property occupiers and users in accordance with policy SDC12 of the North East Derbyshire Local Plan.