Agenda item

Section 73 application to vary Condition 4 (parameters plan) pursuant of planning approval 20/00532/OL to rearrange the uses on parcels 7, 8A, 9 and 11 (Major Development/Affecting Setting of Listed Building/Affecting Public Rights of Way) at Egstow Park, Clay Cross.

 

(Planning Manager – Development Management)

The report to Committee explained that a ‘Section 73’ Application had been submitted to vary Condition 4 (Parameters Plan) pursuant to planning approval NED20/00532/OL, to rearrange the use of parcels 7,8A, 9 and 11 at Egstow Park, Clay Cross. This was a major development, affecting the setting of a Listed Building and Public Rights of Way. 

 

The Application had been referred to Planning Committee for determination by the Planning Manager (Development Management), due to the strategic importance of the Development.

 

Planning Committee was recommended to approve the Application. The report to Committee explained the reasons for this. Officers accepted that the proposal as a whole would result in the loss of some designated employment land, and so not accord with the Development Plan. However, they contended that there were other material matters in favour of approving the Application. These matters were the overall viability of delivering employment uses on the site, the greater benefits that the additional housing would bring and the certainty which the changes would give in terms of enabling the proposed link road to now be constructed. They concluded, therefore, that the Application should be approved, in order to allow the proposed changes to the parameters plan to take place.

 

Committee considered the Application and discussed the proposed changes. Some Members asked for and received clarification about the reasons for the loss of employment land as a result of the changes. Some Members sought clarification for specific changes of use and the impact these would have.

 

At the conclusion of the discussion Councillor T Lacey and H Liggett moved and seconded a motion to approve the Application. The Motion was put to the vote and was agreed.

 

RESOLVED - That the Application be approved subject to conditions.

 

That the wording of the conditions and any amendments to the section 106 agreement be delegated to the Planning Manager (Development Management) in consultation with the Chair of Planning Committee: -

 

Conditions

 

1        Applications for approval of reserved matters are required for each part of the site before development can start on that part of the site. The Application(s) for approval of reserved matters shall be made to the Local Planning Authority (LPA) before 10th August 2026. The development hereby permitted shall be started within three years from the date of approval of the last of the reserved matters to be approved.

 

2        Approval of the details of the layout, scale and appearance of the building(s) and the landscaping of the site (called "the reserved matters") for each part of the site shall be obtained from the Local Planning Authority in writing before any development is started on that part of the site.

 

3        The development hereby approved shall be restricted to the following land uses and maximum levels of development:

 

·         825 dwellings including a minimum of 11% affordable units (25.2 hectares of residential)

 

·         Employment generating uses (B1, B2 and B8 uses (5 hectares); a local centre A1, A2, A3, A4 and A5 (2 hectares); Hotel and/or care home (C1 and C2)) totalling 8 hectares (including the existing pub/restaurant)

 

·         Recreational uses and landscaping (totalling 21.5 hectares, including existing off-site public open space at the former Egstow Quarry)

 

·         Associated highway works including a link road from the A61 to the A6175 (the link road should be complete not later than occupation of the 661^st dwelling)

 

 4       Development shall proceed in accordance with the broad parameters identified in the Parameters Plan (7184-L23-A) and no buildings on Greenfield land to the north of the Derby Road site, heading toward Tupton, with the exception of those plots, which are 2.5 storeys in scale, outlined in red on drawing R9076-RPS-20-00-DRA-0235 Rev P01 dated June 2020 shall have accommodation over two-storeys.

 

 5       The phasing of the development in relation to the provision of affordable housing and highways infrastructure phasing programme for a link road from the A61 to the A6175 within the boundary of the site shall be completed within each phase of the development in accordance with the approved timescales hereby approved by 18/01205/DISCON.

 

 6       As part of the reserved matters application for the Biwater Works site, in accordance with condition 2, a plan shall be submitted to show that development does not/will not preclude the future provision of access to a potential off-site railway station. Thereafter, the means to ensure future access to the potential off-site railway station as agreed shall be safeguarded.

 

 7       The reserved matters submission for the residential development of the land to the north of the Derby Road site, as referenced in condition 4, shall include details and a timetable for delivering the pedestrian link to the boundary of Tupton Hall School for written approval by the Local Planning Authority. Thereafter, the pedestrian link shall be implemented in accordance with the approved timetable and be retained as such thereafter.

 

 8       On any particular phase of development, as defined on the phasing plan agreed under condition 5, no development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) for that phase has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall 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 (may be provided as a set of method statements).

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 on that phase in accordance with the approved details.

 

 9       On any phase of development, as defined on the phasing plan agreed under condition 5, no development shall take place (including demolition, ground works, vegetation clearance) until an Ecological Mitigation and Management Plan for that phase has been submitted to, and been approved in writing by, the Local Planning Authority, The plan shall set out details of biodiversity mitigation, compensation and enhancement based on the recommendations within Chapter 5 of the Environmental Statement (June 2017).

 

a)     Description and evaluation of features to be managed.

b)     Aims and objectives of management.

c)     Appropriate management options for achieving aims and objectives

d)     Prescriptions for management actions.

e)     Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period)

f)      Details of the body or organization responsible for implementation of the plan

g)     Ongoing monitoring and remedial measures

h)     A method statement to mitigate possible impacts on reptiles

 

The plan 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 plan shall also set out (where the results from monitoring show that conservation aims and objectives of the plan are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

 

The approved plan as part of that phase will be implemented in accordance with the approved details.

 

10      Development shall not take place on any phase of development until an invasive non-native species strategy is submitted and approved by the local planning authority, detailing the containment, control and removal of Japanese knotweed and Himalayan balsam on that phase. The measures shall be carried out on that phase in accordance with the approved scheme.

 

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

 

12      Development shall not take place on any phase until an external lighting strategy has been submitted to and been approved in writing by the Local Planning Authority for that Phase. The approved measures must be implemented in full and maintained as such thereafter.

 

13      All planting, seeding or turfing in the approved scheme of landscaping for each phase of development shall be completed prior to 85% of occupation of the dwellings in that phase and the landscaping for each individual plot shall be completed prior to the first occupation of that dwelling. 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.

 

14      The reserved matters details on any phase of development as agreed under condition 5, shall include a scheme for the provision and management of the amenity space within that phase and such scheme shall be submitted to and be approved in writing by the Local Planning Authority. The scheme shall include:

 

·             provision of play equipment on site;

·             details of footpaths and access furniture;

·             provision of cycle-ways;

·             identified means of managing and maintenance of public open space;

·             indicative uses e.g. play equipment, community woodland, green space;

·             detailed landscaping within the public open space.

 

Thereafter, the approved amenity space shall be laid out in accordance with the approved details for that phase and the agreed delivery timetable and managed as agreed thereafter.

         

15      Before development starts on each phase of the development as defined on the Phasing Plan agreed under condition 5, a plan to show the positions, design, materials, height and type of boundary treatment to be erected for each phase (as defined) shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatment scheme for each building as part of the development hereby approved shall be carried out prior to the first occupation of that building and shall be retained as such thereafter.

 

16      Before development starts on each phase of the development hereby approved as defined on the Phasing Plan agreed under condition 5, details of the existing ground levels, proposed finished floor levels of the buildings and the proposed finished ground levels of that phase, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter that phase of the development shall be constructed strictly in accordance with the approved levels and shall be retained as such thereafter.

 

17      Development shall not take place on any phase (excluding those that already benefit from reserved matters approval) until a Phase I contaminated land assessment (desk-study) for that phase is undertaken and approved in writing by the local planning authority.

 

          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 materials and substances,

·             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, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters, ecological systems, archaeological sites and ancient monuments,

·             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 soil, ground gas, surface and groundwater 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 for that phase to the local planning authority for approval.

         

18      Development shall not take place on any phase until a detailed remediation scheme to bring that phase 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 where the site investigation identifies unacceptable levels of contamination. 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 for that phase. 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.

 

19      No dwelling or other building associated with the use hereby approved within any phase shall be occupied until the approved remediation works required by 18 above for that phase have been carried out in full in compliance with the approved methodology and best practice.

 

20      If during the construction works associated with any phase of development hereby approved any suspected areas of contamination are discovered, which have not previously been identified, then all associated 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 conditions 17 and 18 above.

 

21      Upon completion of the remediation works for any phase required by conditions 18 and 19 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 for that phase. 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.

 

22      Works on site and deliveries to the site during the construction phases shall be undertaken only between the hours of 07:30 to 18:00 Monday to Friday and 07:30 to 12noon on Saturday. There shall be no work undertaken on site or deliveries to the site undertaken on Sundays or public holidays.

 

23      Condition no longer required, but numbering retained for clarity.

 

24      For every reserved matters application seeking to deliver a dwelling(s) associated with this outline approval a scheme of sound insulation shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed following the completion of a sound survey (where necessary) undertaken by a competent person. The scheme shall take account of the need to provide adequate ventilation, which will be by a means to be agreed with the LPA, where an open window would not achieve the following criteria. The scheme shall be designed to achieve the following criteria with the ventilation operating:

 

·             Bedrooms 30 dB LAeq (8 hour) (2300 hrs - 0700 hrs)

·             Living/Bedrooms 35 dB LAeq (16 hour) (0700 hrs - 2300 hrs)

·             All Other Habitable Rooms 40 dB LAeq (16 hour) (0700 hrs - 2300 hrs)

·             Bedrooms 45 dB LAmax to occur no more than 6 times per hour (2300 hrs - 0700 hrs)

·             Any outdoor amenity areas 55 dB LAeq (16 hour) (0700 hrs - 2300 hrs)

 

The scheme shall include full details of all fences/barriers needed to achieve the outdoor amenity criteria set out in this condition. The scheme as approved shall be implemented in full and retained thereafter.

 

25      Prior to the first occupation of any building on the Market Street part of the application site, the access as approved under permission 14/00586/RM, or other subsequent permission for the access so approved, shall be completed as approved.

 

26      Development shall not take place on any particular phase, as defined in the phasing programme subject of Condition 5 above, until a scheme for the safeguarding of footpaths or their temporary diversion is submitted to and approved in writing by the Local Planning Authority. If a temporary diversion is not required, footpaths shall be retained along their legal line at all times during and after construction works hereby approved.

 

27      Before commencing any works on a particular phase as defined on the phasing programme, the subject of Condition 5 above, a scheme shall be submitted to and approved in writing by the Local Planning Authority with details of the site compound for that phase. The scheme shall include details of site accommodation, storage of plant and materials, parking and manoeuvring areas for site operatives and visitors vehicles, loading/unloading and manoeuvring areas for the goods vehicles and wheel washing facilities. Thereafter, before any operations are commenced on that phase of the development, the scheme shall be implemented in accordance with the approved details and retained as such for the duration of works for that phase.

 

28      Before development commences on each phase of the development as defined on the phasing programme, the subject of Condition 5 above, a scheme for improvements to the pedestrian and cycle networks within that phase, along with a timetable for their implementation, shall be submitted to, and approved in writing by the Local Planning Authority. The approved scheme shall then be implemented in accordance with the agreed scheme of works and approved timetable and shall be retained as such thereafter.

 

29      Prior to occupation of any phase of the development a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include proposals to maximise the use of public footpaths, cycling and public transport. Thereafter the Travel Plan shall be implemented in accordance with delivery mechanisms included in the Plan.

 

30      Piling using penetrative methods shall not be carried out other than with the written consent of the local planning authority. If so agreed the development shall be carried out in accordance with the approved details.

 

31      No infiltration of surface water drainage into the ground at the site for any phase is permitted, other than with the written consent of the Local Planning Authority.

 

32      Development shall not commence until details of the means of protecting all waste water infrastructure, during all phases of the development, that is laid within the site boundary has been submitted to and approved by the Local Planning Authority. If the required protection measures to be achieved via diversion or closure of any part of the infrastructure, the details shall include evidence that the diversion or closure has been agreed with the relevant statutory undertaker for that phase. Furthermore, construction in the relevant section(s) of the site shall not commence until the approved measures have been implemented to the satisfaction of the Local Planning Authority.

 

33      No piped discharge of surface water from the application site shall take place for each phase until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water that has been informed by confirming the viability and location of SuDS techniques as outlined within the Flood Risk Assessment have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority.

 

34      Development shall not commence on any phase of the development until a scheme to ensure that on-site and off-site foul water sewerage, designed to serve the whole development, is of adequate capacity to ensure proper disposal to the receiving public sewer network has been submitted to and approved in writing with Local Planning Authority. The approved scheme shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangements embodied within the scheme and the number and type of properties to be constructed within that phase, or within any other period or number of properties as may subsequently be agreed in writing, by the Local Planning Authority.

 

35      Development shall not take place on any phase until a detailed design and associated management and maintenance plan of surface water drainage for that phase, in accordance with the principles outlined within:

 

a.     Land at Clay Cross, Derbyshire - Flood risk Assessment and Drainage Strategy (Revision 1.0, by St Modwen Developments Ltd.) dated June 2017,

b.     DEFRA Non-statutory technical standards for sustainable drainage systems (March 2015),

c.     And Technical Note 'Response to LLFA Comments' dated 22 Feb 2018 and referenced 5122281-ATK-NE-ZZ-TN-D-0001.

 

have been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design for that phase prior to the first occupation of any building within that phase.