Agenda item

Application for the construction of 2 dwellings (resubmission of application 22/01124/FL) (Amended Plans) (Additional Information) at 24 Longedge Lane, Wingerworth.

 

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for the construction of two dwellings at 24 Longedge Lane, Wingerworth. This was a resubmission of application NED/22/01124/FL, with amended plans and additional information.

 

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

 

Officers felt that the construction of two additional detached houses on the site would be acceptable in planning terms. They recognised that concerns had been raised that the Application would lead to the ‘massing’ of buildings on the site, and the implications which this might have on the surrounding area. However, officers had concluded that their scale and design would be in keeping with the street scene and that they would also not detract from the nearby listed buildings. They felt that there were no matters that would outweigh the predominance of the Local Plan and the Wingerworth Neighbourhood Plan. Consequently, officers recommended that the Application should be approved, subject to the conditions set out in the report.

 

Members were informed that no one had registered to speak on the Application.

 

Committee considered the Application. It took into account the site’s location within the Settlement Development Limit for Wingerworth. Committee considered the relevant national and local planning policies. These included Local Plan Policy SS7, on sustainable development within Settlement Development Limits, Local Plan Policy SD12, on the quality, distinctive and functional design of developments and Local Plan Policy SDC3, requiring new developments not to harm the character, quality, distinctiveness, or sensitivity of the landscape, or important features and views. Committee also took into account the relevant Policies of the Wingerworth Neighbourhood Plan.  

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

Members discussed the Application.  They reflected on the size of the new dwellings and what impact they would have on the amenity of the neighbouring properties. Some Members were concerned that the proposed development would have an unacceptable impact on the surrounding street scene. Other Members noted the officer conclusion that this would be an acceptable development in planning terms. At the conclusion of the discussion Councillor L Hartshorne and Councillor K Rouse moved and seconded a Motion to approve the Application. The motion was put to the vote and was approved.              

 

RESOLVED -

 

That the Application be conditionally approved, in line with officer recommendations.

 

That the final wording of the conditions be delegated to the Planning Manager (Development Management)

 

CONDITIONS

 

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

 

[Reason: To comply with the provision of Section 91 (as amended) of the Town and Country Planning Act 1990.]

 

2)    The development hereby approved shall be carried out in accordance with the amended submitted plans:

 

·         SITE LOCATION PLAN; Published 23 Feb 2023

·         Drawing no. 1001 Revision 003 SITE LAYOUT; Published 31 May 2023

·         Drawing no. 1002 Revision 003 STREET VIEW; Published 31 May 2023

·         Drawing no. 1003 Revision 002 PLOT 1 LAYOUT AND ELEVATIONS; Published 25 Apr 2023

·         Drawing no. 1004 Revision 002 PLOT 2 LAYOUT AND ELEVATIONS; Published 25 Apr 2023

·         Drawing no. 1006 Revision 000 TREE MAINTENANCE DURING CONSTRUCTION; Published 22 Jun 2023

 

unless otherwise specifically agreed through a formal submission under the Non-Material Amendment procedures and unless otherwise required by any other condition in this decision notice.

 

[Reason: For clarity and the avoidance of doubt.]

 

3)    Notwithstanding the submitted details, before development starts, 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 interests of the character and appearance of the area.]

 

4)    Before above ground work commences, precise specifications (including the manufacturer, range and colour details where applicable) or samples of the walling and roofing materials to be used, shall be made available on site for inspection, and subsequent written approval, by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

 

[Reason: In the interests of the character and appearance of the area.]

 

5)    Before development starts, a scheme for mitigating climate change through the sustainable design and construction of the dwellings including the provision of sources of renewable energy. Thereafter the approved climate change scheme shall be implemented in full and retained as such thereafter.

 

[Reason: In the interest of delivering sustainable development and in accordance with the North East Derbyshire Interim Sustainable Buildings Policy, policies SS1 and SDC12 of the North East Derbyshire Local Plan and the National Planning Policy Framework.]

 

6)    Notwithstanding the submitted details, before above ground works commence a plan to show the positions, design, materials, height and type of boundary treatments to be erected and/or retained shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development hereby permitted is commenced.

 

[Reason: In the interests of the character and appearance of the area.]

 

7)    Notwithstanding the submitted details, before above ground works commence details of the type, layout and materials to be used on hard landscaped areas shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in full prior to the occupation of each dwelling.

 

[Reason: In the interests of the character and appearance of the area.]

 

8)    Before development starts, 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 interests of the character and appearance of the area.]

 

9)    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 the buildings 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, unless the Local Planning Authority gives written consent to any variation.

 

[Reason: In the interests of the character and appearance of the area.]

 

10)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.]

 

11)Before development starts a scheme for the provision of surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before the development is brought into use and shall be retained as such thereafter.

 

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

 

12)No development shall commence until;

 

a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and;

b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is safe and stable for the development proposed.

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

 

                   [Reason:The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework. and in accordance with Policy SDC14 of the North East Derbyshire Local Plan.]

 

13) Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing.  This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

[Reason: To ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework. and in accordance with Policy SDC14 of the North East Derbyshire Local Plan.]

 

14)Before the commencement of the development hereby approved:

a. A Phase I contaminated land assessment (desk-study) shall be undertaken and approved in writing by the local planning authority.

b. The contaminated land assessment shall include a desk-study with details of the history of the site use including:

·         the likely presence of potentially hazardous gas,

·         their likely nature, extent and scale,

·         whether or not they originated from the site,

·         a conceptual model of pollutant-receptor linkages,

·         an assessment of the potential risks to human health, property (existing or proposed) including buildings, details of a site investigation strategy (if potential contamination is identified) to effectively characterise the site based on the relevant information discovered by the desk study and justification for the use or not of appropriate guidance. The site investigation strategy shall, where necessary, include relevant ground gas sampling/monitoring as identified by the desk-study strategy.

 

The site investigation shall be carried out by a competent person in accordance with the current U.K. requirements for sampling and analysis. A report of the site investigation shall be submitted to the local planning authority for approval.

 

[Reason: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water. And in accordance with Policies SDC13 and SDC14 of the North East Derbyshire Local Plan.]

 

15)Before the commencement of the development hereby approved:

 

Where the site investigation identifies unacceptable levels of risk from ground gas, 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 LCRM 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.

 

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 accordance with Policies SDC13 and SDC14 of the North East Derbyshire Local Plan.]

 

16)No dwelling/s hereby approved shall be occupied until:

 

a. The approved remediation works required by condition 14 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, 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 in 14(b) to condition 15 above and satisfy condition 16(a) above.

 

c. Upon completion of the remediation works required by condition 15 and 16(a) 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. And in accordance with Policies SDC13 and SDC14 of the North East Derbyshire Local Plan.]

 

17)Before the commencement of the development hereby approved:

 

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 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.

 

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 accordance with Policies SDC13 and SDC14 of the North East Derbyshire Local Plan.]

 

18)Construction works on the site and deliveries to the site shall be undertaken only between the hours of 07.30am 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 on Sundays or public holidays.

 

[Reason: In the interests of highways safety and to protect the amenity of neighbouring users, all in accordance with Policies SS7 and SDC12 of the North East Derbyshire Local Plan.]

 

19)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.

 

[Reason: In the interests of highway safety and in accordance with Policies SDC12 of the North East Derbyshire Local Plan.]

 

20) The premises, the subjects of the application, shall not be occupied until the access, parking and turning facilities have been provided as shown on the revised application drawing - Site Plan 1001 Rev 003. Each access shall be provided with maximum visibility sightlines in both directions, measured from a point located centrally and 2.4m back into each access. The area's in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to the adjoining nearside carriageway.

 

[Reason: In the interests of highway safety and in accordance with Policies SDC12 of the North East Derbyshire Local Plan.]

 

21)The existing vehicular accesses to Longedge Lane shall be permanently closed with physical barrier's and the existing vehicle crossover's reinstated as footway / verge in a manner to be agreed in writing with the Local Planning Authority in consultation with the County Highway Authority.

 

[Reason: In the interests of highway safety and in accordance with Policies SDC12 of the North East Derbyshire Local Plan.]

 

22)There shall be no gates or other barriers within 5m of the nearside highway boundary and any gates shall open inwards only.

 

[Reason: In the interests of highway safety and in accordance with Policies SDC12 of the North East Derbyshire Local Plan.]

 

23)Prior to occupation of any dwelling hereby approved, a dwell area for bins should be provided, clear of the public highway, for use on refuse collection days. Bin storage should not obstruct the private drive access, parking or turning provision.

 

[Reason: In the interests of highway safety and in accordance with Policies SDC12 of the North East Derbyshire Local Plan.]

 

24)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. 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:

·         universal nest boxes at ratio of 1:1, in line with British Standard 42021:2022.

·         integrated bat boxes.

·         insect bricks.

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

·         summary of ecologically beneficial landscaping (full details to be provided in Landscape Plans).

 

[Reason: In the interests of the protection and enhancement of biodiversity in accordance with policy SDC4 of the North East Derbyshire Local Plan.]

 

25)Before development starts, an Arboricultural Method Statement shall be submitted and approved by the local planning authority which details the methodology for the implementation of any aspect of development which is likely to detrimentally affect the retained trees, and explains how this damage will be avoided in accordance with BS 5837 (2012) – Trees in Relation to Design, Demolition and Construction.The development shall then be carried out in accordance with the approved details.

 

[Reason: In the interests ofthe protection of existing trees in accordance with policy SDC2 of the North East Derbyshire Local Plan.]

 

Informative notes:

 

a)    DISCON

b)    NMA

c)    Provision of bins

d)    Environmental Health

The proposed development is situated within a Smoke Control Area. This has legal implications for the type of solid fuel appliance which may be installed in the proposed development and types of solid fuel which may be burnt in these appliances. Further information is available at https://www.gov.uk/smoke-control-area-rules.

e)    Coal Authority

Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications.  Failure to obtain permission will result in trespass, with the potential for court action.  In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works.  Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property  

Highways

f)     Planning permission does not give you approval to work on the public highway. To carry works associated with this planning permission, separate approval must first be obtained from Derbyshire County Council as Highway Authority - this will take the form of a section 184 licence (Highways Act 1980). It is strongly recommended that you make contact with the County Council at the earliest opportunity to allow time for the process to be completed. Information and relevant application forms, regarding the undertaking of access works within highway limits, are available via the County Council's website www.derbyshire.gov.uk. email highways.hub@derbyshire.gov.uk or telephone 01629 533190.

g)    Pursuant to Section 127 of the Highways Act 1980, no work may commence within the limits of the public highway to close any redundant accesses and to reinstate the footway / verge without the formal written Agreement of the County Council as Highway Authority. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works. Advice regarding the technical, legal, administrative and financial processes involved in Section 127 Agreements may be obtained by contacting this Authority via email – highways.hub@derbyshire.gov.uk. The applicant is advised to allow approximately 12 weeks in any programme of works to obtain a Section 127 Agreement.

h)    The Highway Authority recommends that the first 5m of the proposed accesses / driveway’s should not be surfaced with a loose material (i.e. unbound chippings or gravel etc.). In the event that loose material is transferred to the highway and is regarded as a hazard or nuisance to highway users the Authority reserves the right to take any necessary action against the landowner.

i)     Where the site curtilage slopes down towards the public highway provisions within Section 163 of the Highways Act 1980 requires measures to be taken to ensure that surface water run-off from within the site is not permitted to discharge across the footway margin. This usually takes the form of a dished channel or gulley laid across the access immediately behind the back edge of the highway, discharging to a drain or soakaway within the site.