Agenda item

New development comprising of 38 new homes with integrated landscaping and SuDS, new access road (including the relocation of the existing bus stop on Main Road) and parking (Major Development) (Amended Plans) on land between Unstone Junior School and Unstone Plant Centre, Main Road, Unstone.

 

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for a new development comprising 38 homes, with integrated landscaping and Sustainable Drainage System (SuDS), new access road, relocation of the existing bus stop and parking on  land between Unstone Junior School and Unstone Plant Centre, Main Road, Unstone. The Application, which involved Amended Plans, was classed as a Major Development.

 

The Application had been referred to Committee by Local Ward Member, Councillor A Dale, who had raised concerns about it.

 

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

 

Members heard that the proposed development would consist solely of affordable properties. These affordable properties would be of a high quality and suitable for flexible living and home working. The development was intended to benefit local ecology and in particular, was expected to result in a net gain in terms of biodiversity on the site. The site would be close to existing public transport and future sustainable transport routes, including a cycle route.

 

Officers contended that the Application would accord with the Development Plan, and be in line withLocal Plan Policy LC3, which allowed for limited affordable new housing to be built within the Green Belt in order to meet local needs. Officers felt that the development would have only a limited impact on the surrounding countryside and noted that the site was adjacent to an existing sustainable settlement. The developer was prepared to make a financial contribution through a ‘Section 106’ agreement with the Council, to local healthcare, education, and off-site play provision, in order to mitigate the impact on the local area. As there were no technical matters that could not be addressed through appropriate conditions, officers had concluded that the Application should be approved.

 

Before the Committee considered the Application it heard from Local Ward Member, Councillor A Dale, P Scott, I Wright and J Oldroyd, who objected to the Application. Planning Committee also heard from the Agent for the Application, C Bond, who spoke in support of it.                            

 

Committee considered the Application. It took into account the site’s location within the Green Belt and outside of any defined Settlement Development Limits, It considered the design of the proposed dwellings and their compatibility with the local area. Committee took into account the relevant local and national planning policies. These included Policy SS9, restricting development in the Countryside, Local Plan Policy SS10 on appropriate development in the Green Belt, and Local Plan Policy LC3, on the specific criteria for when the construction of limited affordable housing within the Green Belt to meet local needs would be permissible. Committee also took into account Local Plan Policy LC4, on the type and mixture of Housing, Local Plan Policy SDC12 on High Quality Design and Place-making and the overarching aims of the National Planning Policy Framework.

 

Members discussed the Application. Some Members queried whether the proposed development would be appropriate for a Green Belt location.  They contended that the development would not be in line with all of the specific criteria set out in Local Plan Policy LC3, for when it would be permissible to build affordable housing within the Green Belt in order to meet local needs. Specific reference was made to criterion a of the policy and whether the housing would meet a proven need for Unstone rather than a wider more general need and that the housing needs survey submitted identified only that there was the need for 7 units in Unstone.

 

They felt that this would not be compliant with the policy.

 

Reference was also made to a Planning Appeal decisions elsewhere in the country where the issue of harm to the Green Belt was discussed.

 

Other Members felt that the proposed development would be in line the relevant Local and National Planning Policies, including Local Plan Policy LC3 and that the Application should be approved.

 

At the conclusion of the discussion, Councillor M Foster and Councillor P Elliot moved and seconded a motion to refuse the Application on the grounds that it would not be compliant with Local Plan Policy LC3 (c) and Paragraph 149(f) of the National Planning Policy Framework.

 

The Motion was put to the vote and was defeated.

 

Councillor T Lacey and D Cheetham then moved and seconded a Motion that the Application be approved in line with officer recommendations. The Motion was put to the vote and was approved.

 

RESOLVED -

 

That the Application be conditionally approved in line with officer recommendations, subject to the prior completion of a Section 106 Agreement to address the issues specifically set out in the report and to provide entirely for affordable housing.

 

That the final wording of the conditions and Section 106 Agreement be delegated to the Planning Manager (Development Management).

 

Section 106 Heads of Terms:

           

Affordable housing. 

 

Public open space  - £39,716.80 towards existing off-site provision with a 10 year maintenance fee of £15,546.19. 

 

Health care - NHS chesterfield Royal Hospital - £82,887.

 

Education - £308,363.77 for the provision additional education facilities for 11 Secondary with Post 16 pupil(s) at Dronfield Henry Fanshawe School

 

Conditions (Subject to wording of the resolution as set out above)

 

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 details shown on the following plans:-

 

0519/ROG/6756 – Topographic Survey

624_D100 – Demolition Plan

624_P1000 A Proposed Site Location Plan

 

624_P1001 Proposed Site layout Plan

624_SK051 Site Layout (1:1250 @ A1)

RBA-UMR-101 F Site Plan

 

624_P100   Proposed-T1-Lower Ground/Ground Floor Plans

624_P101  Proposed-T1-First Floor/Roof Plans

624_P102  Proposed T2A Ground Floor Plan

624_P103  Proposed T2A First Floor/Roof Plan

624_P104  Proposed T2B Ground Floor Plan

624_P105  Proposed T2B First Floor/Roof Plan

624_P106  Proposed T3A Ground Floor Plan

624_P107  Proposed T3A First Floor/Roof Plan

624_P108  Proposed T3B Ground Floor Plan

624_P109  Proposed T3B First Floor/Roof Plan

 

624_P1100 Proposed-Site Plan-Lower Level-T3-Ground Floor

624_P1101 Proposed-Site Plan-Lower Level-T3-First Floor

624_P1102 Proposed-Site Plan-Upper Level-T2-Ground Floor/T1 Basement

624_P1103 Proposed-Site Plan-Upper Level-T2-First Floor/T1-Ground Floor

624_P1104 Proposed-Site Plan-Upper Level-T1-First Floor

624_P1105 Proposed Site Plan- Roof Level

624_P1200  Proposed-Site Elevation-Main Road

 

624_P1300  Proposed Site Section AA

624_P200    Proposed Elevations – T1

624_P201    Proposed Elevations T2a

624_P202   Proposed Elevations T2b

624_P203   Proposed Elevations T3a

624_P204   Proposed Elevations T3b

 

624_P400   Proposed-House Types-01-2b4p

624_P401   Proposed-House Types-02-3b5p-End Terrace

624_P402   Proposed-House Types-02-3b5p-Mid Terrace

624_P403   Proposed-House Types-03-2b4p

624_P404   Proposed-House Types-04-3b5p-End Terrace

624_P405   Proposed-House Types-04-3b5p-Mid Terrace

624_P406   Proposed-House Types-05-2b3p-WCA

624_P407   Proposed-House Types-06&07-2b3p

 

RBA-UMR-111 G General Arrangement Plan 01

RBA-UMR-112 G General Arrangement Plan 02

RBA-UMR-113 G General Arrangement Plan 03

 

RBA-UMR-121 D Proposed Levels 01

RBA-UMR-122 D Proposed Levels 02

RBA-UMR-123 D Proposed Levels 03

RBA-UMR-131 C Furniture Proposals Plan 01

RBA-UMR-132 C Furniture Proposals Plan 02

RBA-UMR-133 C Furniture Proposals Plan 03

 

RBA-UMR-211 C  SuDS Detail Plan 01

RBA-UMR-212 C  SuDS Detail Plan 02

RBA-UMR-213 B  SuDS Detail Plan 03

RBA-UMR-311 B  Planting Strategy Plan 01

RBA-UMR-312 B  Planting Strategy Plan 02

RBA-UMR-313 B  Planting Strategy Plan 03

 

RBA-UMR-551 B  Proposed Sections 01

RBA-UMR-552 B  Proposed Sections 02

RBA-UMR-553 B  Proposed Sections 03

RBA-UMR-711 D  Landscape Strategy

 

RBA-UMR-712 C Access and Circulation Strategy

RBA-UMR-713 D Sustainable Drainage Strategy (SuDS)

RBA-UMR-715 F Boundary Treatment Strategy

RBA-UMR-717 B Landscape Character

RBA-UMR-718 B Key landscape Zones

 

MNR 01 Tree Survey

MNR 03 Tree Constraints Plan

MNR 04 Tree Protection Plan

 

1281-01-CE-XX-ZZ-SK-C-4010 P6 Site Entrance Layout Study Full Bus Layby (dated 18/10/2023)

1281-01-CIV-XX-XX-D-H-40007 P1 Site Entrance Visibility Splays

 

J3130-R2-SYHA  Acoustic Report Rev 2

Archaeological Desk

Archaeological Evaluation Report September 2023

610-2023-118-01 Stage 1 Road Safety Audit 20 March 2023

Biodiversity Metric

Biodiversity Impact Assessment

Arboricultural Impact Assessment

SuDS Surface Water Design Statement

RBA-UMR-851 Landscape Appraisal rev B

Transport Assessment

Sustainability Appraisal 

Preliminary Ecological Appraisal

Geo-Environmental Report

Gas Monitoring Report

Flood Risk Assessment

Design and Access Statement

Adoptable Highway Drainage and Foul Drainage Strategy (November 2022)

 

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

 

On-Site Public Spaces

 

4.            Prior to the first occupation of any dwelling, hereby approved, a scheme for the delivery and future maintenance of all on site public open space, and a timetable for its implementation relative to the completion of dwellings hereby approved, shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter the approved scheme shall be implemented in full as agreed and then the public open space shall be maintained as such thereafter.

 

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

 

Sustainable Design, Character and Appearance

 

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 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.

 

7.            Before development starts details of the accessible and adaptable dwellings (to at least M4(2) of the Building Regulations 2015 or any subsequent government standard.) shall be submitted to and approved in writing by the Local Planning Authority.  At least 20% of the units shall meet this standard, and be implemented in accordance with the approved details. Once provided the dwellings so identified shall be retained as such thereafter. 

 

Reason: In the interests of creating sustainable development in accordance with policies SS1 and LC4 of the North East Derbyshire Local Plan.

 

8.            Before development starts the submitted tree protection measures shall be installed in full as set out in the MNR 04 Tree Protection Planand the methodologies described within the Arboricultural Impact Assessment and then be retained as such during the entire period of construction.

 

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.            The boundary treatments shall be implemented in accordance with RBA-UMR-715 F Boundary Treatment Strategy. The respective boundary treatments shall be installed in full on occupation of each respective plot and 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.

 

10.         The proposed finished floor levels of the dwellings, hereby approved, and the proposed finished ground levels of the site shall be implemented in accordance with drawings RBA-UMR-121 D Proposed Levels 01; A-UMR-122 D Proposed Levels 02; RBA-UMR-123 D Proposed Levels 03.

 

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.

 

11.         The development shall be carried out in accordance with the Sustainability Appraisal  and then be retained as such thereafter.

 

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

 

Highways

 

12.         The Development hereby approved shall not be occupied until the parking and turning facilities have been provided as shown on drawing no. RBA-UMR-101 Revision F titled Site Plan.

 

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

 

13.         The development hereby approved shall not be occupied until the highway improvements/offsite works/site access works as shown on drawing no. 1281-01-CEXX-ZZ-SK-C-4010 Rev P06 titled Site Entrance Layout Study Full Bus Layby, have been constructed and completed.

 

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

 

14.         No part of the development hereby permitted shall be occupied until such time as vehicular visibility splays detailed on Site Entrance Visbility Splays drawing no. 1281-01-CIV-XX-XX-D-H-40007 Revision P01 have been provided at the site access. These shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway 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.

 

15.         The development hereby approved shall not be occupied until the means of access for vehicles, pedestrians and cyclists have been constructed and completed in full as shown on drawing no. 1281-01-CEXX-ZZ-SK-C-4010 Rev P06 titled Site Entrance Layout Study Full Bus Layby 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.

 

16.         Prior to commencement of the development hereby permitted details of a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be adhered to throughout the demolition/construction period. The plan/statement shall include but not be restricted to:

·   Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

·   Advisory routes for construction traffic;

·   Any temporary access to the site;

·   Locations for loading/unloading and storage of plant, waste and construction materials;

·   Method of preventing mud and dust being carried onto the highway;

·   Arrangements for turning vehicles;

·   Arrangements to receive abnormal loads or unusually large vehicles

·   Highway Condition survey;

·   Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses.

 

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

Ecology

 

17.         No development shall take place (including ground works, vegetation clearance and movement of plant, machinery and materials) until a Construction Environmental Management Plan (CEMP: Biodiversity), and a timetable for its implementation,  has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall be based on recommendations in Section 5 of the Preliminary Ecological Appraisal (Weddle Landscape Design, Revision A September 2022) and include the following.

 

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of “biodiversity protection zones”.

c)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction.

d)    The location and timing of sensitive works to avoid harm to biodiversity features.

e)    The times during construction when specialist ecologists need to be present on site to oversee works.

f)     Responsible persons and lines of communication.

g)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)    Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

The agreed details shall then be implemented as approved.

 

 

Reason: 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.       A Landscape and Biodiversity Enhancement and Management Plan (LBEMP) , including a timetable for its implementation, shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. The aim of the LBEMP is to enhance and sympathetically manage the biodiversity value of onsite habitats, in accordance with the proposals set out in the submitted Biodiversity Metric (Weddle Landscape Design, 05.01.23) and to achieve no less than a +13.26 % net gain. The LBEMP should combine both the ecology and landscape disciplines and shall be suitable to provide to the management body responsible for the site. It shall include the following:-

 

a)    Description and location of features to be retained, created, enhanced and managed, as per the approved biodiversity metric.

b)    Aims and objectives of management, in line with desired habitat conditions detailed in the metric.

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

d)    Prescriptions for management actions.

e)    Preparation of a work schedule (including a 30-year work plan capable of being rolled forward in perpetuity).

f)     Details of the body or organization responsible for implementation of the plan. g) A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 3, 4, 5, 10, 15, 20, 25 and 30 years. h) A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.

i)     Detailed habitat enhancements for wildlife, in line with British Standard BS 42021:2022.

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

 

The LBEMP 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 in accordance with the approved details and be retained as such thereafter..

 

Drainage

 

19.         The development shall be carried out in accordance with the details shown on the submitted report, "'Adoptable Highway Drainage and Foul Drainage Strategy' 1281-01 prepared by Civic Engineers, dated 22/11/22". The approved scheme shall be implemented in full prior to the first occupation of the dwellings and 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.

 

20.         No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, including a timetable for implementation, in accordance with the principles outlined within:

 

a. Flood Risk Assessment prepared by KRS Environmental Ltd, Reference KRS.0284.003. R.001.C, dated April 2022.

b.    Adoptable Highway Drainage and Foul Drainage Strategy prepared by Civic Engineers, Reference SYHA – Unstone, Derbyshire, dated 22 November 2022.

c.    SuDS Surface Water Design Statement prepared by Robert Bray Associates, referenced RBA-UMR-802 B, dated 28th August 2022, “including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team”.

d.    And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the Local Planning Authority.

 

The agreed scheme shall then be implemented as agreed.

 

Reason: To ensure that the proposed development does not increase flood risk and that the principles of sustainable drainage are incorporated into this proposal, and sufficient detail of the construction, operation and maintenance/management of the sustainable drainage systems are provided to the Local Planning Authority, in accordance with policy  SDC11 of the North East Derbyshire Local Plan. 

 

21.         Prior to the commencement of the development, the applicant shall submit for approval to the LPA details indicating how additional surface water run-off from the site will be avoided during the construction phase. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall be operating  as agreed, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

Reason: To ensure surface water is managed appropriately during the construction phase of the development, so as not to increase the flood risk to adjacent land/properties or occupied properties within the development and in accordance with policy SDC11 of the North East Derbyshire Local Plan

. 

22.         The attenuation basins, hereby approved, shall not be brought into use until such a time as it/they is/are fully designed and constructed in line with CIRIA SuDS manual C753 and to the agreed specifications, and an associated management and maintenance plan, in line with CIRIA SuDS Manual C753 is submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that the proposed attenuation pond does not increase flood risk, that the principles of sustainable drainage are incorporated into the proposal, the system is operational prior to first use and that maintenance and management of the sustainable drainage systems is secured for the future and in accordance with policy  SDC11 of the North East Derbyshire Local Plan.

 

23.         Prior to the first occupation of the development, a verification report carried out by a qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

Reason: : To ensure that the drainage system is constructed to the national Non-statutory technical standards for sustainable drainage and CIRIA standards C753 and in accordance with policy  SDC11 of the North East Derbyshire Local Plan .

 

Ground Conditions

 

24.         Before the commencement of construction works, including any demolition in connection with the development hereby approved, a construction environmental management plan, including a timetable for its implementation, to minimise the impacts of noise and airborne dust from the site during construction and demolition periods shall be submitted to and be approved in writing by the Local Planning Authority. The construction phase of development shall then be undertaken in accordance with the approved scheme.

 

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

 

Amenity

 

25.         Construction works on site and deliveries to the site shall be undertaken only  between the hours of 07:30am to 18:00pm Monday to Friday and 7:30am to 13;00pm 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.

 

26.         Prior to the first occupation of any dwelling on the site, a lighting scheme for the stepped walkways., hereby approved, including a timetable for its implementation, shall be submitted to and be approved in writing by the Local Planning Authority.  The approved scheme shall then be implemented in full as agreed and be retained as such thereafter. 

 

Reason: in the interest of crime prevention and in accordance with policy  SDC12 of the North East Derbyshire Local Plan. 

 

27.         Prior to the first occupation of the any dwelling hereby approved a scheme of sound insulation shall be submitted to and approved in writing the Local Planning Authority. The scheme shall be designed following the completion of a sound survey undertaken by a competent person. The scheme shall take account of the need to provide adequate ventilation, which will be by mechanical means where an open window would not achieve the following criteria. Unless otherwise agreed, the scheme shall be designed to achieve the following criteria with the ventilation operating:

 

Bedrooms 30 dB LAeq (15 Minutes) (2300 hrs – 0700 hrs)

Living/Bedrooms 35 dB LAeq (15 Minutes) (0700 hrs – 2300 hrs)

All Other Habitable Rooms 40 dB LAeq (15 Minutes) (0700 hrs – 2300        hrs)

 

All Habitable Rooms 45 dB LAmax to occur no more than 6 times per night (2300 hrs – 0700 hrs)

Any outdoor amenity areas 55 dB LAeq (1 hour) (0700 hrs – 2300 hrs)

 

The scheme as approved shall be validated by a competent person and a validation report submitted to and approved in writing by the local planning authority] The approved scheme shall then be implemented in full as agreed in each dwelling to which it relates and be retained as such thereafter. 

 

Reason:  To protect the aural amenity of future occupiers of the dwellings in accordance with Policies SDC12 and SDC13 of the North East Derbyshire Local Plan.