Agenda item
The current application seeks approval of the reserved matters relating to outline planning permission 17/0881/OUT, which granted planning permission for the erection of up to 136 dwellings with access from Weeley Road, informal recreation space, a local area of play and associated development. This application includes details of appearance, landscaping, access, layout and scale which were not included as part of the outline.
Minutes:
For the reasons stated in Minute 233 above, Councillor Harris did not participate in the Committee’s consideration and determination of this application.
Members recalled that this application had been originally brought before the Planning Committee at its meeting held on 21st December 2021. Updates to the original Officer report submitted to that meeting were shown in bold text throughout the report now before the Committee
Members were aware that they had deferred this application for the following reasons:-
· “The footpath link to Birch Avenue as proposed was too narrow to be considered acceptable in principle
· Retention of Oak trees in the field
· Visibility splays to access
· Archaeological exploration
· Clustering of affordable housing was to be reconsidered with better ‘pepper potted’ across the development
· Consideration was to be given to extending 30mph speed limit to the east along Weeley Road”
In response to those points, the following updates were made by Officers:-
Footpath Link
“The applicant had agreed to purchase the dwelling 76 Birch Avenue. Therefore, the constrained width of the footpath and cycle connection had been resolved. The applicant was now able to comply with the condition applied to the outline consent as demonstrated in the amended plans submitted with this application.”
Retention of two Oak trees in the site
“The two large mature Oaks situated in the western portion of the site were included in the submitted tree report. They had both been classified as B - category trees due to the presence of decay at the base of each tree. In addition, the Council’s Tree and Landscape Officer had visually inspected these trees on three separate occasions to assess their condition. He had concluded that whilst the trees were clearly visible from the adjacent highway and were prominent features in their setting, they had a limited, safe, useful life expectancy, resulting from decay in the main stems of both trees. For this reason, the trees did not meet the criteria under which they merited formal legal protection by means of a Tree Preservation Order. Consequently they were not a physical constraint on the development potential of the site.
The landscaping proposals for the site included provision for over 100 new trees to be planted, Officers therefore concluded no objection to the loss of the two Oaks.”
Visibility splays to access
“The Highway Authority had requested visibility splays of 2.4 metre setback with 90 metres in each direction from the proposed access with Weeley Road. These visibility splays would accord with the requirements in the Design Manual for Roads and Bridges (DMRB). Given the location of the proposed site access, and proximity to a change in speed limit from 60mph to 30 mph, the Highway Authority required the more onerous 90m visibility splay contained in DMRB to be provided, rather than the 57 metre visibility splay for traffic speeds of up to 37 mph in Manual for Streets (2007).
The Highway Authority had no objection subject to additional conditions, which included moving the existing 30 mph sign, 50 metres to the east.”
Archaeological exploration
“A Desk Based Assessment and a geophysics survey had been carried out. These reports did not identify any features of archaeological origin, the results of the geophysics would need to be assessed through a programme of targeted trial trench evaluation. ECC Archaeology had recommended additional conditions which were included within the recommendation.”
Clustering of affordable housing to be reconsidered
“Officers considered the placement of affordable homes that complied with Policy LP5, whereby no more than 10 affordable homes were clustered together. The affordable units were currently spread across the western part of the site and interspersed by market homes. This had not been amended.”
Consideration to be given to extending 30mph speed limit to the east along Weeley Road
“ECC Highways had recommended moving the existing 30mph sign 50 metres to the east of the proposed access. However, this was covered by a ‘Speed Limit Order’ process or ‘Traffic Regulation Order’ which was a separate statutory process that could attract comment/objections and that outcome could not therefore be pre judged. Nevertheless, the ECC Highways Network Assurance Manager had agreed the use of the planning condition in this case, subject to the ‘Speed Limit Order’ process being followed.
In any event, the current visibility splays with the existing road signage remaining in place was well in excess of what was expected in a 30mph zone, as outlined in the Manual for Streets. ECC Highways had no objection to the visibility splays proposed with the current road signage remaining in place.”
Updates on other matters
“The applicant had made some minor amendments to the scheme including the repositioning of some car parking to allow the required electric vehicle charging infrastructure. In addition, Plots 3 and 4 facing Weeley Road had been enhanced to improve the street scene. The roof now incorporated a gable and render had been added to the front elevation.”
The Committee was reminded that this application had been referred to it at the request of the Assistant Director (Planning) as the original outline application had been refused by the Local Planning Authority and its decision had subsequently been overturned by the Planning Inspectorate.
Members were further reminded that the current application sought approval of the reserved matters relating to outline planning permission 17/0881/OUT, which had granted planning permission for the erection of up to 136 dwellings with access from Weeley Road, an informal recreation space, a local area of play and associated development. This application also included details of appearance, landscaping, access, layout and scale which had not been included as part of the original outline planning application.
As established through the granting of outline application 17/0881/OUT the principle of residential development for up to 136 dwellings on this site was considered by Officers to be acceptable. The detailed design, layout, landscaping, access and scale were also considered by Officers to be acceptable. Officers also felt that this proposal would result in no material harm to residential amenity or highway safety.
The application had been therefore recommended by Officers for approval subject to a legal agreement to secure the management of the open space, drainage features, landscaping and non- adopted highway network.
The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.
At the meeting, an oral presentation was made by the Council’s Planning Officer (NW) in respect of the application.
An update sheet had been circulated to the Committee prior to the meeting with details of amended plans submitted which demonstrated that no more than 10 affordable dwellings would be clustered together. The list of approved plans (Condition 1) had previously been distributed as part of the update sheet.
In addition, there was an update to the wording for proposed planning Condition number 2.
Public Speaking had taken place on this application at the meeting held on 21 December 2021 and therefore there was no public speaking allowed at this time.
|
Matters raised by Members of the Committee:- |
Officer’s response thereto:- |
|
A member of the Committee asked the Planning Officer to confirm that if the Committee did not determine approval for the application, would the details have reverted to the original application? |
That Planning Officer confirmed that the decision would, as a result, become a civil matter. |
|
Would a mature grown tree be planted? |
The Planning Officer confirmed that in the landscaping plans, there was a combination of trees proposed to be planted on site. |
|
A member of the Committee asked what had been done to alleviate concerns regarding affordable housing. |
The Planning Officer confirmed that an update had been received prior to the meeting and the applicant had acknowledged an error where there were no clusters of affordable housing. |
|
It was raised by a member of the Committee, were there adaptations for disabled use? |
An Adaptability Plan had been proposed as part of the detailed plans. |
|
What happened to the space where the drainage features were placed? |
A specific plan had been submitted for landscaping in relation to the drainage feature. |
|
Concerns were raised in relation to the speed of vehicular traffic at this site. |
Condition 8 requested that the rectangular 30mph signs be moved eastwards to increase visibility to 100m. A minimum of 96m was required for visibility display. |
Following discussion by the Committee, it was moved by Councillor Casey, seconded by Councillor Fowler and RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:
(a) within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):
Drainage:
· Ensuring the drainage feature outside the red line boundary (subject of application 21/00978/FUL) were linked to this application and had to be constructed and fully operational before any dwelling on the host site was occupied.
· The long-term maintenance of the drainage features outside of the red line boundary (subject of application 21/00978/FUL)
Landscape Management Company to include maintenance of:
· Link Path to Birch Avenue including fencing
· Non adoptable Highway (roads, paths and pavements)
· Landscaping Buffers and wider landscaping including pedestrian link to the North East)
· Public Open space
(b) the following planning conditions (and reasons):-
1. Amended plans had been submitted demonstrating no more than 10 affordable dwellings were clustered together. The listed of approved plans (Condition 1) should now therefore be as follows:
21.5138.08 p Amended soft landscape proposals overall
20.1464.100 ab Amended proposed site layout plan
20.1464.300 p Amended proposed parking layout plan
20.1464.301 n Amended proposed density plan
20.1464.303 p Amended proposed garden area and depth plan
20.1464.304 n Amended proposed refuse strategy plan (Received 08 April 2022)
20.1464.306 p Amended proposed affordable housing plan
20.1464.307 n Amended proposed distribution plan
20.1464.308 m Amended affordable cluster plan
20.1464.560 Amended house type 3b m4(3) plans and elevations
21.5138.09 Amended suds area
20.1464.309 j Amended adaptable and accessible dwellings plan
48737/c/001 d Amended alignment contours
48737/c/002 d Amended drainage layout
48737/c/003 e Amended highway limits of adoption
20.1464.100 aa Amended proposed site layout plan
20.1464.302 r Amended proposed material plan
20.1464.305 n Amended proposed storey height plan
20.1464.311 j Amended land uses plan
48737/c/006 n Amended footpath to birch avenue
22 Dec 2021 Amended schedule of accommodation
20.1464.423 a House type na32 (byford) - variant 4 plans and elevations
20.1464.421 c Amended house type na32 (byford) - variant 2 floor plans and elevations
20.1464.434 aAmended ht na43 lanford (variant 3) - proposed floor plans
20.1464.435 aAmended ht na43 lanford (variant 3) - proposed elevations
20.1464.440 Amended ht na44 manford (variant 1) - proposed floor plans
20.1464.441 Amended ht na44 manford (variant 1) - proposed elevations
20.1464.442 Amended ht na44 manford (variant 2) - proposed floor plans
20.1464.443 Amended ht na44 manford (variant 2) - proposed elevations
20.1464.450 Amended ht na51 wayford (variant 1) - proposed floor plans
20.1464.451 Amended ht na51 wayford (variant 1) - proposed elevations
20.1464.460 Amended ht nt30 ardale (variant 1) - proposed floor plans
20.1464.461 Amended ht nt30 ardale (variant 1) - proposed elevations
20.1464.462 Amended ht nt30 ardale (variant 2) - proposed floor plans
20.1464.481 Amended ht nt42 waysdale (variant 1) - proposed elevations
20.1464.482 aAmended ht nt42 waysdale (variant 2) - proposed floor plans
20.1464.483 aAmended ht nt42 waysdale (variant 2) - proposed elevations
20.1464.484 b Amended ht nt42 waysdale (variant 3) - proposed floor plans
20.1464.485 b Amended ht nt42 waysdale (variant 3) - proposed elevations
20.1464.494 Amended ht woodman (variant 3) - proposed floor plans
20.1464.403 Amended ht na22 blandford (variant 4) - proposed floor plans and elevations
20.1464.402 Amended ht na22 blandford (variant 3) - proposed floor plans and elevations
20.1464.401 aAmended ht na22 blandford (variant 2) - proposed floor plans and elevations
20.1464.400 b Amended house type na22 (blandford) - variant 1 floor plans and elevations
20.1464.410 aAmended ht na34 colrford (variant 1) - proposed floor plans and elevations
20.1464.411 aAmended ht na34 colrford (variant 2) - proposed floor plans and elevations
20.1464.412 Amended ht na34 colrford (variant 3) - proposed floor plans and elevations
20.1464.413 Amended ht na34 colrford (variant 4) - proposed floor plans and elevations
20.1464.422 Amended ht na32 byford (variant 3) - proposed floor plans and elevations
20.1464.430 Amended ht na43 lanford (variant 1) - proposed floor plans
20.1464.431 Amended ht na43 lanford (variant 1) - proposed elevations
20.1464.432 aAmended ht na43 lanford (variant 2) - proposed floor plans
20.1464.433 aAmended ht na43 lanford (variant 2) - proposed elevations
20.1464.463 Amended ht nt30 ardale (variant 2) - proposed elevations
20.1464.464 aAmended ht nt30 ardale (variant 3) - proposed floor plans
20.1464.465 aAmended ht nt30 ardale (variant 3) - proposed elevations
20.1464.466 Amended ht nt30 ardale (variant 4) - proposed floor plans
20.1464.467 Amended ht nt30 ardale (variant 4) - proposed elevations
20.1464.470 aAmended ht nt31 kingdale (variant 1) - proposed floor plans
20.1464.471 aAmended ht nt31 kingdale (variant 1) - proposed elevations
20.1464.472 Amended ht nt31 kingdale (variant 2) - proposed floor plans
20.1464.473 Amended ht nt31 kingdale (variant 2) - proposed elevations
20.1464.480 Amended ht nt42 waysdale (variant 1) - proposed floor plans
20.1464.495 Amended ht woodman (variant 3) - proposed elevations
20.1464.496 Amended ht woodman (variant 4) - proposed floor plans
20.1464.497 Amended ht woodman (variant 4) - proposed elevations
20.1464.550 a Amended garages - proposed floor plans and elevations
20.1464.420 Amended ht na32 byford (variant 1) - proposed floor plans and elevations
20.1464.490 Amended ht woodman (variant 1) - proposed floor plans
20.1464.491 Amended ht woodman (variant 1) - proposed elevations
20.1464.492 Amended ht woodman (variant 2) - proposed floor plans
20.1464.493 Amended ht woodman (variant 2) - proposed elevations
20.5168.d1 1fr bat tube - (schwegler) standard arrangement
Shared ownership and affordable rent plots Received 30 Nov 2021
Energy and sustainability statement Received 15 Nov 2021
Preliminary Ecological Appraisal (EECOS, June 2021)
Bat Surveys (EECOS, September 2021)
Reptile Survey (EECOS, September 2021)
Biodiversity Net Gain Assessment (EECOS, December 2021)
Tree survey Received 01 Jul 2021
Tree survey and impact assessment Received 01 Jul 2021
1604-kc-xx-ytree-tpp01rev0 Tree protection plan
1604-kc-xx-ytree-tcp01rev0 Tree constraints plan
Archelogy Desk Based Assessment (RPS Dated 17 Feb 2022)
Geophysical Survey Report (Sumo Dated 09 March 2022)
21.5138.07 j Amended soft landscape proposals (sheet 7 of 7)
21.5138.01 l Amended soft landscape proposals (sheet 1 of 7)
21.5138.04 o Amended soft landscape proposals (sheet 4 of 7)
21.5138.05 i Amended soft landscape proposals (sheet 5 of 7)
21.5138.06 j Amended soft landscape proposals (sheet 6 of 7)
21.5138.02 n Amended soft landscape proposals (sheet 2 of 7)
21.5138.03 l Amended soft landscape proposals (sheet 3 of 7)
20.1462.030 c Site plan
Reason - For the avoidance of doubt and in the interests of proper planning.
2. As indicated on drawing no. 48737/C/003 E and prior to occupation of the development, the road junction / access at its centre line shall be provided with a minimum clear to ground visibility splay dimensions of 2.4 metres by 90 metres in both directions, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the road junction / access is first used by vehicular traffic and retained free of any obstruction at all times.
Reason: To provide adequate inter-visibility between vehicles using the road junction / access and those in the existing public highway in the interest of highway safety.
3. Prior to the occupation of any of the proposed development the internal road site access and footway layout shall be provided in principle and accord with drawing numbers:
• 20.1464.100 AA Amended proposed site layout.
• 20.1464.300 N Amended Parking layout plan.
• 20.1464.550 Garages - proposed floor plans and elevations.
• 48737/c/003 E Amended highway limits of adoption.
• 48737/c/006 N Amended footpath to Birch Avenue.
Reason: To ensure that vehicles using the site access do so in a controlled manner, in the interests of highway safety.
4. Prior to occupation of the development a 1.5 metre x 1.5 metre clear visibility above a height of 600mm, as measured from and along the boundary, shall be provided on both sides of each vehicular access. Such visibility splays shall be retained free of any obstruction in perpetuity. These visibility splays must not form part of the vehicular surface of the access.
Reason: To provide adequate inter-visibility between the users of the access and pedestrians in the adjoining public highway in the interest of highway safety.
5. Any proposed boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay.
Reason: To ensure that the future outward growth of the planting does not encroach upon the highway or interfere with the passage of users of the highway, to preserve the integrity of the highway and in the interests of highway safety.
6. The development of any phase shall not be occupied until such time as car parking and turning areas have been provided in accord with current Parking Standards. These facilities shall be retained in this form at all times and shall not be used for any purpose other than the parking and turning of vehicles related to the use of the development thereafter.
Reason: To ensure that on-street parking of vehicles in the adjoining streets does not occur, in the interests of highway safety.
7. Prior to the first occupation of any dwelling hereby approved, the details of the Cycle parking shall be provided for those dwellings without a garage in accordance with the EPOA Parking Standards. The details shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be secure, convenient, covered and provided prior to first occupation and retained at all times.
Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.
8. Subject to the Traffic Regulation Order being successful, the existing speed limit terminal signs to the east of the site shall be replaced and moved eastwards no more than 50 metres and provided with 30-mph carriageway roundel at the applicant’s expense, prior to the first occupation of the development.
Reason: To protect highway efficiency of movement and safety and to ensure the proposal site is accessible.
9. Prior to above ground works, a scheme for the provision of electric vehicle charging facilities for the new dwellings hereby approved shall have first been submitted to and approved in writing by the local planning authority. Thereafter the charging facilities shall be installed in a working order prior to first occupation of the dwellings.
Reason: In order to promote sustainable transport.
10. Prior to the occupation of any dwelling a scheme detailing how a minimum of 20% of the energy needs generated by the development can be achieved through renewable energy sources shall be submitted to and approved in writing by the local planning authority. The scheme shall detail the anticipated energy needs of the scheme, the specific renewable technologies to be incorporated, details of noise levels emitted (compared to background noise level) and how much of the overall energy needs these will meet and plans indicating the location of any external installations within the development. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter
Reason: To ensure the development contributes to minimising the effects of, and can adapt to a changing climate.
11. Notwithstanding the details on the approved plans, no development shall commence until precise details of lighting and refuse storage/collection points have been submitted to and approved, in writing, by the Local Planning Authority. Such lighting and refuse points so approved shall be those used in the development.
Reason: To ensure a satisfactory development in relation to external appearance and in the interests of residential amenity.
12. Structural landscaping shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development and other landscaping in a phased arrangement as may be agreed in writing by the Local Planning Authority. Any trees, shrubs or hedge which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning
Authority agrees in writing to a variation of the previously approved details.
Reason - In order to ensure a satisfactory development in terms of landscape appearance, character and functionality and ensure the earliest and practicable implementation of new planting required to mitigate the impact of the development.
13. No development shall commence until precise details the manufacturer and types and colours of the external facing materials and roofing materials for the dwelling to be used in the construction have been submitted to and approved, in writing, by the Local Planning Authority.
Reason: To ensure a satisfactory development in relation to external appearance and in the interests of residential amenity.
14. Notwithstanding the details on the approved plans, the hedge height planted in the northern landscape buffer adjacent to the existing properties on the southern side of Weeley Road shall, once matured be kept to a height on not less than 2.5 metres high.
Reason: To ensure a satisfactory development in relation to appearance and in the interests of residential amenity.
15. Prior to the occupation of any dwelling, details of the location and maintenance schedule of two dog bins on the site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be maintained for the lifetime of the development.
Reason: In the interests of residential amenity.
16. All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (EECOS, June 2021), Bat Surveys (EECOS, September 2021) and Reptile Survey (EECOS, September 2021) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details."
Reason: To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species) as updated by the Environment Act 2021.
16.— (1) This article applies where the development to which the application relates is situated within 10 metres of relevant railway land.
(2) The local planning authority must, except where paragraph (3) applies, publicise an application for planning permission by serving requisite notice on any infrastructure manager of relevant railway land.
(3) Where an infrastructure manager has instructed the local planning authority in writing that they do not require notification in relation to a particular description of development, type of building operation or in relation to specified sites or geographical areas (“the instruction”), the local planning authority is not required to notify that infrastructure manager.
(4) The infrastructure manager may withdraw the instruction at any time by notifying the local planning authority in writing.
As the developments are taking place outside of 10 metres from the railway land (only low level grass land is proposed within 10 metres of the railway land. Officers consider the consultation with Network Rail as unnecessary in this instance.
17. Prior to commencement an Updated Biodiversity Net Gain Design Stage Report, in line with Table 2 of CIEEM Biodiversity Net Gain report and audit templates (July 2021), shall be submitted to and approved in writing by the local planning authority which provides a minimum of not net loss using the DEFRA Biodiversity Metric 3.0 or any successor.
The content of the Biodiversity Net Gain report should include the following:
- Baseline data collection and assessment of current conditions on site for both the residential development and drainage area;
- A commitment to measures in line with the Mitigation Hierarchy and evidence of how
BNG Principles have been applied to maximise benefits to biodiversity;
- Provision of the full BNG calculations, with detailed justifications for the choice of habitat types, distinctiveness and condition, connectivity and ecological functionality;
- Details of the implementation measures and management of proposals;
- Details of the monitoring and auditing measures.
The proposed enhancement measures shall be implemented in accordance with the approved details and shall be retained in that manner thereafter."
Reasons: In order to demonstrate measurable net gains and allow the LPA to discharge its duties under the NPPF (2021) as updated by the Environment Act 2021
18. Prior to any works above slab level a Biodiversity Enhancement Layout, providing the finalised details and locations of the enhancement measures contained within the Preliminary Ecological Appraisal (EECOS, June 2021), Bat Surveys (EECOS, September 2021), Reptile Survey (EECOS, September 2021) and Biodiversity Net Gain Assessment (EECOS, December 2021),shall be submitted to and approved in writing by the local planning authority.
The enhancement measures shall be implemented in accordance with the approved details prior to occupation and all features shall be retained in that manner thereafter."
Reason: To enhance Protected and Priority Species and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species) as updated by the Environment Act 2021.
19. Prior to occupation a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to occupation of the development.
The content of the LEMP shall include the following:
a) Description and evaluation of features to be managed including wildflower areas within the residential development and within and surrounding the SUDS area.
b) Ecological trends and constraints on site that might influence management.
c) Aims and objectives of management.
d) Appropriate management options for achieving aims and objectives.
e) Prescriptions for management actions.
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
g) Details of the body or organisation responsible for implementation of the plan.
h) Ongoing monitoring and remedial measures.
The LEMP 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 LEMP 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 will be implemented in accordance with the approved details."
Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species) as updated by the Environment Act 2021
20. Prior to occupation a lighting design scheme for biodiversity within the residential development shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site within the residential development that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.
All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority."
Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species) as updated by the Environment Act 2021.
21. Notwithstanding the provisions of Article 3, Schedule 2, Part 1 Class A and C of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no additional first floor side windows (facing westwards) or roof lights (facing westwards) shall be erected or carried at plots at Plots 33 or 47 except in accordance with drawings showing the siting and design of such alterations which shall previously have been submitted to and approved, in writing, by the Local Planning Authority.
Reason - In the interest of the amenity of the occupants of adjacent dwellings, and in the interest of the visual amenity of the locality.
22. a) No development or preliminary groundworks of any kind shall take place until a programme of archaeological investigation has been secured in accordance with a written scheme of investigation which has been submitted by the applicant, and approved in writing by the local planning authority. Specific attention shall be given to the Local Area of Play (LAP) hereby approved also the surrounding grass land enclosing the LAP upto the roadside. Where the majority of the trial pits shall be dug.
b) No development or preliminary groundworks of any kind shall take place until the completion of the programme of archaeological investigation identified in the WSI defined in 1 above.
c) The applicant will submit to the local planning authority a post excavation assessment (to be submitted within six months of the completion of the fieldwork, unless otherwise agreed in advance with the Planning Authority). This will result in the completion of post excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.
Reason: in the interests of preserving, any possible historic artefacts found on the host site.
23. Prior to the first occupation of the development, the existing ‘Great Bentley village signs and associated ‘Village award sign’ to the east of the site shall be replaced and moved eastwards no more than 50 metres at the applicant’s expense.
Reason: To protect highway efficiency of movement and safety and to ensure the proposal site is accessible.
(c) Formal Notification being given to the Network Rail Infrastructure Manager with responsibility for the railway land adjacent to the site under Article 16 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 and no objections being raised by the infrastructure manager.
(d) the Assistant Director (Planning) be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.
Supporting documents:
PDF 1 MB