Agenda item

Development to provide 41 dwellings (Revised Scheme of 20/01024/FL) (Major Development/Affecting Public Footpath). Land to the rear of 151-181 Chesterfield Road, Holmewood.

 

(Planning Manager – Development Management)

The report to Committee explained that a Planning Application had been submitted for a development to provide 41 dwellings at land to the rear of 151-181 Chesterfield Road, Holmewood. This was a revised scheme to that proposed under Application NED 20/01024/FL. It would be a Major Development that would affect a Public Footpath. The Application had been referred to Committee by the Planning Manager (Development Management), who felt that it raised issues which should be considered by the Committee.

 

Planning Committee was recommended to approve the Application, subject to conditions. The report to Committee explained the reasons for this.

 

Members were informed that planning permission had been previously granted for development on the site, which was within the Settlement Framework for Holmewood, as set out in the Local Plan. The proposed development would sit between existing dwellings and a site that is already being developed for new housing. Officers felt that, in general terms, it would be a sustainable development, which would provide a significant proportion of affordable properties. The proposed housing would be on an appropriate site and accord with the Council’s Development Plan.

 

Before the Committee considered the Application it heard from the Agent for the Application, S Haslam, who spoke in support of it. No one had registered to speak against the Application.

 

Committee considered the Application. It took into account the principle of development and the site’s location within the Settlement Development Limits (SDL) for Holmewood and as part of the wider HO1 (housing) allocation, located to the west of Chesterfield Road. It also took into account the extant planning consent which had been granted for the development of the site for housing, along with a substantial area to the south and west of it, which is currently undergoing development.  It considered the relevant planning policies. These included Development Plan Policy SDC12, requiring good standards of design, SDC 4, requiring development to protect and enhance the District’s environment and Local Plan Policy ID1, requiring additional social infrastructure and mitigation to offset the impact of a development.

 

Members discussed the Application. As part of this they reflected on the financial requests to help mitigate the impact of the development. Some Members felt it important that the request for funding help to meet the costs of additional off-site play areas primarily and that this should be made a condition of approving the application.

 

At the conclusion of the discussion Councillor M Foster and Councillor W Armitage moved and seconded a Motion to approve the Application, subject to the requirement that the funding should meet the full cost of the requested play areas

 

Committee approved the Motion by acclamation.

 

RESOLVED

 

That the Application be approved, in line with officer recommendation and subject to the prior completion of a section 106 agreement that requires full payment of the contribution towards off site play (as requested by NEDDC Streetscene team) with the remaining contributions split pro rata among the other requestors.  

 

That the final wording of the conditions and section 106 agreement to be determined by the Planning Manager (Development Management) in consultation with the Chair and Vice Chair of the Committee.

 

Recommended Conditions

 

1      The development hereby permitted shall be started within 3 years from the date of this permission. 

 

2      The development hereby approved shall be carried out in accordance with the submitted plans as per the details set out at Appendix A of this decision notice.

 

3      The site shall be developed in accord with the levels details (both finished floor levels and finished ground levels) as shown on drawing 2956/03/P1 (J Roberts Design Ltd) dated 18.06.2021.

 

4      All planting, seeding or turfing shown on drawing MR18-0143/101/G (TEL Landscape Architects) shall be carried out in the first planting and seeding season following the first occupation of the 37th dwelling (of the 41) hereby approved or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the 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.

 

5      Prior to the first occupation of the 40^th dwelling, hereby approved, details of how the areas to be located outside of the domestic curtilages are to be maintained and managed shall be submitted to and be approved in writing by the Local Planning Authority. The site shall then be maintained and managed in accordance with the approved details thereafter.

 

6      Prior to the first occupation of the 40^th dwelling, hereby approved, all the hard surfaced areas of the site and the boundary treatments contained within and around it, including the proposed retaining walls, shall be completed as per drawings 19-776-100 Rev G, 2956/21/P1 (Retaining wall details) and 2956/20/P2 (Site levels and retaining walls) . Once installed the hard surfacing and boundary treatments shall be retained as approved thereafter.

 

7      Within 28 days of the development, hereby approved, commencing, 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.           J. Roberts Design Ltd., (23/11/2021), SW & FW Drainage Design Report, ref: 2956 rev-B, including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team, and,

 

b.     DEFRA's Non-statutory technical standards for sustainable drainage systems (March 2015), shall be submitted to and be approved in writing by the Local Planning Authority.

       

        The site shall then be developed as per the agreed details and be retained as such thereafter.

 

 8     Before any part of the development, hereby approved, commences, details of how any additional surface water run-off from the site will be avoided during the construction phase shall be submitted to and be approved in writing by the Local Planning Authority. The agreed scheme shall then be implemented as agreed and be retained as such during the entire construction phase of development.

 

 9     Prior to the occupation of the 37th dwelling (of 41), hereby approved, a verification report shall be submitted to and be approved in writing by the Local Planning Authority which shows that the surface water drainage system has been constructed as per the agreed scheme.

 

10    Before the development, hereby approved, commences further works to investigate the potential land contamination issues identified in the Phase 1 and Phase 2 Geotechnical and Geo-environmental site investigation (Eastwood and Partners (Consulting Engineers) Ltd ref: 39639 dated 3rd May 2016) shall be submitted to and be approved in writing of the Local Planning Authority.

       

        Where the 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 be approved in writing by the Local Planning Authority. [The submitted scheme shall have regard to CLR 11 and other 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.

       

        No dwelling, hereby approved, shall not be occupied until:

       

a)     The approved remediation works have been carried out in full.

       

b)     If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, which have not previously been identified, 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 above.

       

c)     Upon completion of the remediation works required as set out above a validation report shall be prepared and 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.

       

d)     In the event that it is proposed to import soil onto site in connection with the development, the soil to be imported shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical Testing of Soil Scheme for all parameters previously agreed in writing with the Local Planning Authority, the results of which shall be submitted to and shall be approved in writing with the Local Planning Authority.

 

11    Prior to the development, hereby approved, commencing a scheme of dust mitigation measures and for the control of noise emanating from the site during the construction period has been submitted to and been approved in writing by the Local Planning Authority. The approved measures shall then be implemented throughout the entire construction period.

 

12    The scheme, hereby approved, shall be undertaken in accordance with the submitted scheme to enhance and maximise employment and training opportunities during the project, that accompanied the e-mail from Stephen Haslam dated 27^th February 2023.

 

13    The facing materials to be used to implement the development, hereby approved, shall be as per those set out on drawing 19-776-100Rev F in respect of roofing used and otherwise in accord with details submitted accompanying the e-mail of Stephen Haslam dated 12.01.23 and specifically the material schedule.  

 

14    Prior to the first occupation of the 37th dwelling (of 41), hereby approved, details of the arrangements for the future management and maintainance of the proposed streets shall be submitted to and be approved in writing by the Local Planning Authority. The site shall then be managed in accordance with the agreed scheme.

       

15    The development, hereby approved, shall be undertaken in accordance with the submitted Construction Management Plan and the additional details set out in the e-mail from Stephen Haslam dated 19^th January 2023 (15:29).

 

16    No dwelling, hereby approved, shall be occupied until the details shown for the storage and collection of refuse, have been implemented as per the details shown on drawing 21-854-100 Rev H and the courtyard shown to properties 24-27 and 38-41 tarmacked to NHBC standard. Once provided the agreed locations and areas for the storage and presentation of bins shall be retained for that purpose only.  

 

17    No removal of hedgerows, trees, shrubs or brambles shall take place between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the Local Planning Authority and then implemented as approved.

 

18    Prior to building works commencing above foundation level, a detailed lighting strategy shall be submitted to and approved in writing by the LPA to safeguard bats and other nocturnal wildlife. This should provide details of the chosen luminaires and any mitigating features such as dimmers, PIR sensors and timers. A lux contour plan shall be provided 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.

 

19    Notwithstanding any previously submitted details within 56 days of the date of this permission, a revised Biodiversity Enhancement Plan (BEP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior to the commencement of the development.

 

It shall include the following:-

 

a)     Description and location of features to be retained, created, enhanced and managed.

b)     Aims and objectives of management.

c)     Appropriate management methods and practices to achieve aims and objectives.

d)     Prescriptions for management actions.

e)     Preparation of a work schedule (including a five-year work plan capable of being rolled forward in perpetuity).

f)      Details of the installation of 30 integrated swift bricks and 5 bat boxes

g)     Details of hedgehog highways to ensure connectivity between gardens.

h)     Details of the body or organization responsible for implementation of the plan.

i)      A monitoring schedule to assess the success of the enhancement measures

j)      A set of remedial measures to be applied if conservation aims and objectives of the plan are   not being met.

k)     Requirement for a statement of compliance upon completion of planting and enhancement works.

 

        The BEP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

 

        The approved plan shall then be implemented as agreed.

 

20    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.

 

21    No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

 

22    Notwithstanding the submitted details, prior to work commencing above DPC level, a scheme for providing 20% accessible and adaptable dwellings to meet the requirements of M4(2) of the Building Regulation 2015 (or any subsequent government standard) shall be submitted to and approved by the Local Planning Authority. The approved scheme shall then be carried out in accordance with the approved details and be retained as such thereafter.