Agenda item

1.     

Standard time limit

.

2.     

Development in complete accordance with the amended plans –

Block Plan 2021-711-1-01G,

Bungalow Type 1     2021-711-1-02D

Bungalow Type 2     2021-711-1-03D

M4(3) Bungalow      2021-711-1-04E

Swept Path Analysis for refuse vehicle – 12444-TRCK/01 A

and specifications, subject to the following conditions or modifications.

3.     

During the phases of site clearance and construction there should be no clearance of vegetation by burning, or disposal of other materials by burning owing to the proximity of neighbouring sensitive receptors.

EHO - To protect the amenity of the locality, especially for people living and/or

working nearby.

4.     

Development other than that required to be carried out as part of an approved scheme of remediation shall not commence until:

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 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 to the local planning authority for approval.  

EHO – To ensure the development adequately deals with any potential contamination of the site and To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water.

5.     

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 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.

EHO – To ensure the development  adequately deals with any potential contamination of the site and To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water.

6.     

No dwellings hereby approved shall be occupied until:

a)    The approved remediation works required by 7 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 6b to 7 above and satisfy 8a above.

c)    Upon completion of the remediation works required by 7 and 8a 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.

EHO – To ensure the development  adequately deals with any potential contamination of the site and To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water.

7.     

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 any Sunday or public holiday.

EHO

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

EHO

8.     

Nesting Birds

No building demolition or tree, scrub or hedgerow clearance shall take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present.

DWT - The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. (Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is certain that nesting birds are not present).

9.     

Lighting

Prior to the installation of any external lighting fixtures, a detailed lighting plan and strategy, including a timetable for its implementation, shall be submitted to and be approved in writing by the LPA. This should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. Dependent on the scale of the proposed lighting, a lux contour plan may be required to demonstrate acceptable levels of lightspill to any sensitive ecological zones/features. Guidelines can be found in Guidance Note 08/23 - Bats and Artificial Lighting at Night (BCT and ILP, 2023). The approved plan and strategy shall then be implemented in full as such, retained as agreed thereafter and no other external light features shall be installed, placed or erected on the site.

DWT - In the interests of the biodiversity of the site.

10. 

Herptiles

The Reasonable Avoidance Measures outlined within section 6.7 of the Preliminary Ecological Appraisal (JM Ecology, July 2024) shall be adhered to and implemented in full to safeguard common herptiles during the course of site clearance and development works.

DWT

11. 

Badger / Hedgehog

The Reasonable Avoidance Measures outlined within section 6.8 of the Preliminary Ecological Appraisal (JM Ecology, July 2024) shall be adhered to and implemented in full to safeguard common herptiles during the course of site clearance and development works.

DWT

12. 

Habitat Management and Monitoring Plan

A Habitat Management and Monitoring Plan (HMMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. This shall identify the habitats to be retained, created and / or enhanced on the site and specify the appropriate management prescriptions to secure the predicted condition targets, as per the approved biodiversity metric for the application. The HMMP shall also set out a monitoring schedule to ensure targets are met and remedial actions to take if not. Guidance on producing a HMMP can be found here: https://www.gov.uk/guidance/creating-a-habitat-management-and-monitoring-plan-for[1]biodiversity-net-gain

The approved HMMP shall then be implemented as agreed and be delivered as approved thereafter.

DWT

13. 

Species Enhancement Plan

Prior to building works commencing above foundation level, a Species Enhancement Plan shall be submitted to and be approved in writing by the Local Planning Authority. The approved measures shall then be implemented in full as agreed and be maintained as such thereafter. The Plan shall clearly show the 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 in 30% of dwellings. • insect bricks in 30% dwellings and / or towers in public open space. • fencing gaps 130 mm x 130 mm to maintain connectivity for hedgehogs in all gardens. A statement of good practice including photographs should be submitted to the local planning authority prior to the discharge of this condition, demonstrating that the enhancements have been selected and installed in accordance with the above. The enhancements should be implemented in accordance with the approved details and all features retained in that manner thereafter.

DWT

14. 

The solar panels shall be inset into the roof (so they are flush with the roof covering), be of black panels, with black frames, non-reflective and be installed prior to the first occupation of the dwelling to which they relate be permanently so maintained thereafter.

LPA

15. 

Before the development hereby approved starts, a scheme for mitigating climate change through sustainable design, including (but not limited to) the provision of sources of renewable energy, EV charging points, etc. including a timetable for its implementation, shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter the approved climate change scheme shall be implemented in full as agreed and be retained as such thereafter.

LPA

16. 

Prior to any above ground works commencing 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.

LPA

17. 

Prior to the completion or first occupation of the development hereby approved, whichever is the sooner; full details of all proposed tree planting shall be submitted to and be approved in writing by the Local Planning Authority. This will include planting and maintenance specifications, including cross-section drawings, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier and defect period. All tree planting shall be carried out in accordance with those details and at those times.

Any trees that are found to be dead, dying, severely damaged or diseased within five years of the completion of the building works OR five years of the carrying out of the landscaping scheme (whichever is later), shall be replaced in the next planting season by specimens of similar size and species in the first suitable planting season.

To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990 to safeguard and enhance the amenity of the area, to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality in accordance with NEDDC Policy SDC2: Trees, Woodland and Hedgerows

18. 

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.

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.

In the interests of the appearance of the area and in accordance with policies of the North East Derbyshire Local Plan and the Neighbourhood Plan.

19. 

No development shall commence until full details of the ground floor level of the proposed dwelling in relation to existing and finished ground levels and relative to a fixed datum have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved levels.

In the interests of the appearance of the area and in accordance with Policies SDC12 of the North East Derbyshire Local Plan

20. 

The Development hereby approved shall not be occupied until the access, parking and turning facilities have been provided as shown on Site Block Plan, drawing no. 2021-711-1-01G

To ensure conformity with submitted details.

21. 

The development hereby approved shall not be occupied until visibility splays are provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 10 metres to the right (toward the end of the road) and a distance of 17 metres to the left measured along the nearside edge of the adjoining carriageway and offset a distance of 0.6 metres from the edge of the carriageway. These splays shall thereafter be permanently kept free of all obstructions to visibility over 0.6m in height above carriageway level.

In the interests of highway safety.

22. 

No individual dwelling in the development hereby approved shall not be occupied until sheltered, secure and accessible bicycle parking has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority. The storage area shall be maintained for this purpose thereafter.

To promote sustainable travel and healthy communities

23. 

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;

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

In the interests of safe operation of the adopted highway in the lead into development both during the demolition and construction phase of the development.

In the interests of safe operation of the adopted highway in the lead into development both during the demolition and construction phase of the development.

24. 

Foul drainage shall connect to the mains.

To secure the detail submitted and ensure the proposal is in accordance with the NPPG.