Agenda item

The report to Committee explained that an application had been submitted for a proposed residential development comprising 21 dwellings. The application would revise the scheme previously approved - 18/00273/FL) (Major Development) (Amended Title) at Watercress Farm, Watercress Lane, Clay Cross for Woodsett Homes Limited. The application had been referred to the Committee by Councillor P Wright, who had raised concerns about it.

No objectors spoke against the application.

The Applicant spoke in support of the application.

No supporters spoke in favour of the application.

Committee considered the application. In particular, it assessed the suitability of the proposal in the location in policy terms, its effect on the character and appearance of the site and the surrounding street scene. Committee also considered the impact upon the amenity of neighbouring residents, land uses, its ecological impact, as well as land contamination, drainage and highway safety. 

Members discussed the application. They heard about the rising costs of the scheme, why it was no longer financially viable to include the original proposal for affordable homes as part of the development and the independent advice received by the Council confirming that a ‘Section 106’ contribution could not be made by the developer towards meeting the education and recreation provision in the local area.

RESOLVED – That application number NED/19/01107/FL be approved in line with officer recommendations, with the final wording of conditions delegated to the Planning Manager – Development Management.

1       The development hereby approved shall be carried out in accordance with the details shown on the following drawings unless otherwise subsequently agreed through a formal submission under the Non Material Amendment procedures and unless otherwise required by any condition contained in this decision notice:

         o             17_2129_ LP (Location Plan)

         o             17/2129/(02)001 (House Type A)

         o             17/2129/(02)002 Rev A (House Type B1 & C)

         o             17/2129/(02)003 (House Type D & E)

         o             17/2129/(90)101 Rev C (Existing & Proposed Site Layout - Materials Only)

         o             17/2129/(02)101 Rev F (Existing & Proposed Site Layout)

         o             17/2129/(02)102 Rev B (Proposed Site Layout with Vehicle Tracking)

         o             17/2129/(90)103 Rev B (Contractors Compound/Phasing Plan)

         o             FT/12607/F1 (Bat, Bird and Hedgehog Gap Plan)

         o             42371/005 Rev L (Section 104 Layout)

         o             42371/006 Rev F (External Works)

         o             42371/007 Rev D (Plot Drainage)

2       Notwithstanding the submitted details, within 2 months of this decision, 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 native plant species, size and density and planting locations, which takes into account the comments of DWT including new native hedgerow planting, native tree planting, wildflower seeding in green spaces, etc,

         d) an implementation programme.

3       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.

4       Notwithstanding the submitted details, within 2 months of this decision, a plan to show the positions, design, materials, height and type of boundary treatment to be erected shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed prior to the occupation of that dwelling and shall be retained as approved unless otherwise agreed in writing by the Local Planning Authority.

5       The scheme to enhance and maximise employment and training opportunities during the construction stage and post construction stage hereby approved under planning reference 19/00088/DISCON shall be implemented in full in accordance with the approved timetable.

6       Works on site and deliveries to the site shall be undertaken only between the hours of 7.30am to 6pm Monday to Friday and 7.30am to 12pm on Saturday. There shall be no work undertaken on site or deliveries to the site undertaken on Sundays or public holidays.

7       The ecological features illustrated on drawing FT/12607/F1, prepared by ECUS Environmental Consultants dated January 2019 shall be implemented in full prior to the occupation of each dwelling and retained as approved for the lifetime of the development.

8       Prior to the first use of Plot 11 hereby approved, the window shown on the approved plans to the bathroom on the dwellings southern elevation shall be fitted with obscure glazing. The obscure glazing shall be of an obscurity equivalent to at least Level 4 of the Pilkington obscure glazing range. The window shall be of a non-opening design or alternatively any opening parts must be more than 1.7m above the floor level of the room in which the window is installed. The window shall then be retained as such thereafter at all times.

9       Within 2 months of this decision and notwithstanding the submitted details, a scheme for the disposal of highway surface water via a positive gravity-fed system, discharging to an outfall on public sewer, highway drain or watercourse, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in full prior to the completion of the final dwelling and retained as approved for the lifetime of the development.

10     The site accommodation and phasing plan hereby approved by drawing 17/2129/(90)103 Rev B shall be adhered to and retained throughout the construction period.

11     Throughout the period of construction, wheel washing facilities shall be provided and utilised within the site.

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

13     The new junction hereby approved under planning reference 19/00088/DISCON shall be laid out, constructed to base level and provided with 2.4m x 160m visibility splays in both directions, the area in advance of the sightlines being levelled, constructed as footway and not being included in any plot or other sub-division of the site. For the avoidance of doubt, the developer will be required to enter into a 1980 Highways Act S278 Agreement with the Highway Authority in order to comply with the requirements of this condition.

14     Within 2 months of this decision, details of how all other means of access into the development site have been permanently closed with a physical barrier shall be submitted to and approved in writing by the Local Planning Authority. These other means of access into the site shall remain permanently closed in perpetuity.

15     The proposed access drive to Springvale Close shall be no steeper than 1 in 15 for the first 10m from the nearside highway boundary and measures shall be implemented to prevent the flow of surface water onto the adjacent highway. Once provided any such facilities shall be maintained in perpetuity free from any impediment to their designated use.

16     The new dwellings shall not be occupied until the proposed new estate street between each respective plot and the existing public highway has been laid out in accordance with the approved application drawings to conform to the County Council's design guide, constructed to base level, drained and lit in accordance with the County Council's specification for new housing development roads.

17     The premises, the subject of the application, shall not be occupied until space has been provided within the application site in accordance with the application drawings for the parking and manoeuvring of residents/visitors/service and delivery vehicles, laid out, surfaced and maintained throughout the life of the development free from any impediment to its designated use.

18     Within 2 months of this decision, details for the storage of refuse bins and collection of waste shall be submitted to and approved in writing by the Local Planning Authority. The approved bin storage facilities shall then be implemented in full prior to the completion of the development and retained for the designated purposes at all times thereafter.

19     The dwellings hereby approved shall not be occupied until:

         The remediation works identified in the Remediation Plan submitted with the application as part of the Eastwood & Partners letter report 'Watercress Farm Danesmoor Planning Reference 19/00088/DISCON (Ref: PR/AJK/SAE/42371-004; dated 18th November 2019' shall be undertaken in accordance with the scheme in that report. The remediation works 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) prior to commencing works in connection with the remediation scheme.

20     Upon completion of the remediation works required 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.

21     If during the construction associated with the development hereby approved any suspected areas of contamination are discovered, 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 phased approach for assessing, investigating and managing land contamination contained in good practice guidance.