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Agenda item

NED/21/00393/OL - SHIRLAND

Application to remove condition 28 (Foothpath Link) of planning application 12/00718/OL - Major Development at The Woolpack, Town End, Shirland

 

(Planning Manager – Development Management)

Minutes:

The report to Committee explained that an Application had been submitted to remove Condition 28, Footpath Link, of Planning Application 12/00717/OL, a major development at The Woolpack, Town End, Shirland.

 

The application had been referred to the Committee by Local Ward Member, Councillor H Liggett, who had raised concerns about it.

 

Committee was recommended to conditionally approve the application, which would remove the condition to have a Footpath Link across the development to the local main road (Birkinstyle Lane). Approval of the change would be subject to the ‘Section 106’ Agreement, or a legal agreement reached between the Council as Planning Authority and the developer to help offset the impact on local people.

 

The report to Committee explained why Members were asked to approve the application. Committee heard that a section of the Footpath Link route would follow a narrow, unlit path with only limited natural surveillance and so could feel intimidating for those using it to cross the site. The Derbyshire Police ‘Designing Out Crime’ Officer shared these concerns and supported the removal of the Footpath Link. The report contended that removing the link would have very little impact on the local community, as there would another, more open, footpath link that they could use.

 

Before Members discussed the application those registered to speak were asked to address the Committee. The views of the Chair of Shirland and Higham Parish Council, Cllr A Brown, opposing the application, were read to the Committee. The Applicant, L Evans, spoke in support of it.

 

Committee considered the application. It took into account the relevant Planning Issues and Planning History. Committee noted that the principle of residential development on the site had been accepted through the granting of outline (NED/12/00718/OL) and reserved matters (NED/16/00524/RM) approvals. Committee heard that the only issue for consideration at this stage was whether the condition for the Footpath Link ought to be retained.

 

In this context, Committee was informed about the provisions of the Town and Country Planning Act 1990. In particular, when applications can be made for permission to develop, without complying with condition(s) which had previously been imposed on a planning permission.

 

Members discussed the application. They considered the planning history of the Link. They noted the original proposal for the Footpath, queried who had proposed it and how it had been agreed as a road safety measure. Members also discussed the history of the footpath and whether it was a well-established route used by local people. Members considered the implications for local people if the Link was removed and whether the alternative footpath route would offset any adverse impact.  They also reflected on the concerns about its design and considered whether this would make the Footpath more vulnerable to crime and anti-social behaviour.

 

Some Members expressed concern that because surrounding houses had been built since the condition was first set, it would be difficult to change the design or route of the footpath to make it less vulnerable to crime and anti-social behaviour.

 

Committee was informed that the original outline approval included a Section 106 agreement, which covered a number of contributions. Consequently, a supplemental deed, linking this application to the previous Section 106 agreement would be required, if Committee decided to approve the application and granted planning permission.

 

At the conclusion of the discussion Councillor D Ruff and A Powell moved and seconded a motion to approve the application, in line with officer recommendations.

 

The motion was put to the vote and was agreed.

 

RESOLVED -

 

That the application be approved, in line with officer recommendations, subject to a Section 106 agreement and conditions. The final wording of the conditions delegated to the Planning Manager (Development Management). 

 

1)    The affordable housing scheme and timetable for implementation shall be undertaken and retained in accordance with the details hereby approved under application reference 17/00371/DISCON.

 

[Reason: In the interest of delivering affordable housing in accordance with Policy H7 of the North East Derbyshire Local Plan, Policy LC2 of the emerging Local Plan and in line with the overarching aims of the National Planning Policy Framework.]

 

2)    The scheme for mitigating climate change through sustainable design and construction of the dwellings approved under application reference 16/00524/RM shall be implemented in full and retained as such thereafter.

 

[Reason: In the interest of mitigating climate change in accordance with the Sustainable Buildings Policy.]

 

3)    The details submitted as part of the Building for Life 12 assessment approved under application reference 16/00524/RM shall be implemented in full and retained as such thereafter.

 

[Reason: In the interests of achieving good design in accordance with Policy BE1 of the North East Derbyshire Local Plan and Policy SC12 of the emerging Local Plan.]

 

4)    The landscaping details hereby approved under application reference 17/00371/DISCON shall be implemented in full in line with the approved details and implementation programme.

 

[Reason: In the interests of the appearance of the area and in accordance with Policies GS6, NE3 and NE7 of the North East Derbyshire Local Plan and Policies SS9, SDC2 and SDC4 of the emerging Local Plan.]

 

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 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 appearance of the area and in accordance with Policies GS6, NE3 and NE7 of the North East Derbyshire Local Plan and Policies SS9, SDC2 and SDC4 of the emerging Local Plan.]

 

6)    The boundary treatment details hereby approved under application reference 17/00371/DISCON shall be implemented in full in line with the approved details and retained as such thereafter.

 

[Reason: In the interests of the appearance of the area and to safeguard the privacy of neighbouring residents, all in accordance with policies GS6, H12 and BE1 of the North East Derbyshire Local Plan and policies SS9 and SDC12 of the emerging Local Plan.]

 

7)    The development hereby approved shall be carried out in accordance with the walling and roofing material details approved under application reference 17/00371/DISCON.

 

[Reason: In the interests of the appearance of the area, all in accordance with policies GS6, H12 and BE1 of the North East Derbyshire Local Plan and policies SS9 and SDC12 of the emerging Local Plan.]

 

8)    The development hereby approved shall be carried out in accordance with the levels details approved under application reference 17/00371/DISCON.

 

[Reason: In the interests of the appearance of the area, all in accordance with policies GS6, H12 and BE1 of the North East Derbyshire Local Plan and policies SS9 and SDC12 of the emerging Local Plan.]

 

9)    The crime prevention details approved under application reference 16/00524/RM shall be implemented in full, in accordance with the approved timetable and shall be retained as such thereafter.

 

[Reason: in the interests of designing gout crime in accordance with Policy GS10 of the North East Derbyshire Local Plan and policy SDC12 of the emerging Local Plan.]

 

10) The scheme of public art hereby approved under application reference 17/00371/DISCON shall be completed in full in accordance with the approved details and timetable. The approved public art scheme shall be retained as such thereafter.

 

[Reason: in the interest of delivering public art in accordance with policy BE5 of the North East Derbyshire Local Plan and in line with the Councils Developer Contributions Supplementary Planning Document.]

 

11) The ecological mitigation and enhancement details approved under application reference 16/00524/RM shall be implemented in full, in accordance with the approved timetable and shall be retained as such thereafter.

 

[Reason: In the interests of ecological mitigation and enhancement in accordance with policy NE3 of the North East Derbyshire Local Plan and policy SDC4 of the emerging Local Plan.]

 

12) The tree and hedgerow works approved under application reference 16/00524/RM shall be implemented in full, in accordance with the approved details and any protection measures shall be retained for the full duration of the construction period.

 

[Reason: In the interests of the protection of trees and hedgerows, all in accordance with Policy NE7 of the North East Derbyshire Local Plan and policy SDC2 of the emerging Local Plan.]

 

13) The site shall be developed with separate systems of drainage for foul and surface water.

 

[Reason: In the interests of sustainable drainage, in accordance with policy CSU4 of the North East Derbyshire Local Plan and policy SDC11 of the emerging Local Plan.]

 

14) The surface water drainage scheme hereby approved under application reference 17/00371/DISCON shall be implemented in full in accordance with the approved details and retained as such thereafter.

 

[Reason: In the interests of sustainable drainage, in accordance with policy CSU4 of the North East Derbyshire Local Plan and policy SDC11 of the emerging Local Plan.]

 

15) The foul water drainage scheme hereby approved under application reference 17/00371/DISCON shall be implemented in full in accordance with the approved details and retained as such thereafter.

 

[Reason: In the interests of sustainable drainage, in accordance with policy CSU4 of the North East Derbyshire Local Plan and policy SDC11 of the emerging Local Plan.]

 

16) Construction works on site and deliveries to the site shall be undertaken only between the hours of 0730 to 1800 Monday to Friday and 0730 to 1200 on Saturdays. There shall be no work undertaken on site or deliveries made to the site on Sundays or public holidays.

 

[Reason: in the interests of the amenity of the surrounding residential area, all in accordance with policies GS5, GS6 and H12 of the North East Derbyshire Local Plan and policies SS9 and SDC13 of the emerging Local Plan.]

 

17) From the commencement of the development hereby approved there shall be no access at any time to or from the site (either pedestrian or vehicular) via the field access gate along the western boundary of the site adjacent to The Barn House, 32 Town End, Shirland.

 

[Reason: In the interests of highway safety, all in accordance with policy T2 of the North East Derbyshire Local Plan and policy ID3 of the emerging Local Plan.]

 

18) The design for the proposed access off Town End, the new estate street(s) and accesses to them approved under application reference 16/00524/RM shall be implemented in full in accordance with the approved details. Within 3 months of this decision the site access off Town End and the entire estate road(s) and private driveways shall be completed with a finished surface approved under application 16/00524/RM. The access and roadways shall be permanently retained as such thereafter.

 

[Reason: In the interests of highway safety, all in accordance with policy T2 of the North East Derbyshire Local Plan and policy ID3 of the emerging Local Plan.]

 

19) The scheme for the storage of refuse and recycling bins and access for refuse collection vehicles approved under application reference 16/00524/RM shall be implemented in full and retained as such thereafter.

 

[Reason: In the interests of highway safety, in the interest of delivering a sustainable refuse collection service and in the interest of residential amenity, all in accordance with policy T2 of the North East Derbyshire Local Plan and policy ID3 of the emerging Local Plan.]

 

20) The site accommodation/storage of plant and materials/parking and manoeuvring of site operatives and visitors vehicles, loading/unloading and manoeuvring of good vehicles including wheel washing facilities approved under application reference 17/00371/DISCON shall be retained for the duration of the works.

 

[Reason: In the interests of highway safety, all in accordance with policy T2 of the North East Derbyshire Local Plan and policy ID3 of the emerging Local Plan.]

 

21) The driveway and parking areas, along with the required visibility splays shall be implemented in line with the details agreed under application reference 16/00524/RM and retained as such thereafter. For clarity each driveway shall include maximum achievable visibility splays and be laid out with the area in advance of the visibility splays clear of all obstructions exceeding 0.6m in height relative to the adjoining nearside carriageway channel level and 2m x 2m x 45o pedestrian inter-visibility splays with the area in advance kept clear of any obstruction.

 

[Reason: In the interests of highway safety, all in accordance with policy T2 of the North East Derbyshire Local Plan and policy ID3 of the emerging Local Plan.]

 

22) Prior to any dwelling hereby approved being occupied, the private driveway to serve that dwelling shall be surfaced in a solid bound material and there shall be no gates across the vehicular access/driveway within 5m of the highway boundary. The driveways shall be retained as such thereafter.

 

[Reason: In the interests of highway safety, all in accordance with policy T2 of the North East Derbyshire Local Plan and policy ID3 of the emerging Local Plan.]

 

23) The residential travel plan approved under application reference 18/00732/DISCON shall be implemented in full in line with the agreed details and in accordance with the agreed timetable.

 

[Reason: In the interests of encouraging the use of sustainable modes of transport, all in accordance with policy T4 of the North East Derbyshire Local Plan and policy ID3 of the emerging Local Plan.]

 

24) The surveys and mitigation measures outlined in the intrusive site investigation works and remediation method statement agreed under application 17/00371/DISCON shall be carried out strictly in accordance with these approved details.

 

[Reason: In the interests of ensuring ground stability and addressing contamination issues, all in accordance with policy CSU6 of the North East Derbyshire Local Plan, Policy SDC14 of the emerging Local Plan and the National Planning Policy Framework.]

 

25) Within 30 days of this decision, an independent Validation Report shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that the contamination remediation works identified in the condition above have been carried out satisfactorily and remediation targets have been achieved. This report shall be produced by a suitably qualified and accredited independent body (independent of the developer). The report shall provide verification that the remediation works have been carried out in accordance with the approved Method Statement(s). Where necessary, post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met.

 

[Reason: In the interests of addressing contamination issues, all in accordance with Policy CSU6 of the North East Derbyshire Local Plan, policy SDC14 of the emerging Local Plan and the National Planning Policy Framework.]

 

Informatives:

           

a)    DISCON

b)    NMA

c)    The Highway Authority recommends that the first 5m of the modified track 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 householder.

d)    Pursuant to Section 163 of the Highways Act 1980, where the site curtilage slopes down towards the public highway/new estate street, measures shall 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 dish channel or gulley laid across the access immediately behind the back edge of the highway, discharging to a drain or soakaways within the site.

e)    Pursuant to Section 278 of the Highways Act 1980, no works may commence within the limits of the public highway without the formal written agreement of the County Council as Highways Authority. Advice regarding technical, legal, administrative and financial processes involved in Section 278 Agreements may be obtained from the Highways Authority. The applicant is advised to allow 12 weeks in any programme of works to obtain a Section 278 Agreement.

f)      Pursuant to Section 38 and the Advance Payments Code of the Highways Act 1980, the proposed new estate roads should be laid out and constructed to an adoptable standard and financially secured. Advice on the technical, financial, legal and administrative processes involved in achieving adoption of new residential roads may be obtained from the County Council.

 

Highways surface water shall be disposed of via a positive, gravity fed system (i.e. not pumped) discharged to an approved point of outfall (e.g. existing public sewer, highway drain or watercourse) to be sanctioned by the Water Authority, highways Authority or environmental agency. The use of soakaways for highways purposes is generally not sanctioned.

Supporting documents: