Agenda item

The current application seeks approval of the engineering operations required in support of application for Reserved Matters submitted on adjacent land Ref: 21/00977/DETAIL (136 dwellings) including attenuation basin, public footpath, access visibility and construction access.

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 21^st December 2021. Updates to the original Officer report submitted to that meeting were shown in bold text throughout the report now before the Committee

 

The Committee was aware that it had previously deferred consideration of this application as the associated applications to the west of the site, the Section 73 application for a narrower link to Birch Avenue and the Reserved Matters application for the associated outline application had been refused or deferred. No new information directly related to this application. The following documents had also been revised to replace those previously submitted under the full planning application 21/00978/FUL simply in the interests of consistency namely 48737-C-004C – Drainage Layout (Eastern land) and 48737-C-005B – Construction Access.

 

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 reminded that the current application sought approval of the engineering operations required in support of the application for Reserved Matters submitted on adjacent land ( 21/00977/DETAIL (136 dwellings)), including an attenuation basin, public footpath, and access visibility and construction access.

 

The detailed design, layout, landscaping and scale were considered by Officers to be acceptable.  Officers felt that this proposal would result in no material harm to residential amenity or highway safety. The loss of the agricultural land was also considered by Officers to be acceptable due, in part, to the modest size of the drainage features proposed and their location.

 

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 a question asked by a member of the public as to why Network Rail had not been consulted.

 

The  Committee was advised that as the development  was taking place outside of 10 metres from the railway land (and only low level grass land  was proposed within 10 metres of the railway land), Officers had considered that  consultation with Network Rail was unnecessary in this particular instance.

 

Samuel Caslin, the applicant’s representative, spoke in support of the application.

 

Alison Clarke, a local resident, spoke against the application.

 

Matters raised by Members of the Committee:-	Officer’s response thereto:-
A member of the Committee raised concerns regarding the footpath.	The footpath currently exists and there was a condition where half of the footpath remained.
It was raised by a member of the Committee concerns regarding the proposed SUDS. Would fencing or protection be provided?	There were no plans for protection of the SUDS.
A member of the Committee referred to conditions relating to SUDS, could the officer confirm that conditions had been met?	Should the recommendation be adopted, all conditions would be met.
A member of the Committee suggested that future applications may be brought before the Committee for further housing.	The Planning Officer advised that it would be unlikely that future applications would arise as a result of the Settlement Boundary.
Could the Officer confirmed that contact was received from Network Rail.	It was confirmed that the development was 10m away from the railway land, officers considered the consultation with Network Rail unnecessary.

 

Following discussion by the Committee, it was moved by Councillor Fowler, seconded by Councillor Baker 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 was linked to the neighbouring site (21/00977/DETAIL) and had to be constructed and fully operational before any dwelling on the neighbouring site was occupied.

·         The long-term maintenance of the drainage feature

 

Landscape Management Company to include maintenance of:

 

·         Link Path to Birch Avenue including fencing

·         Non adoptable Highway (roads and pavements)

·         Landscaping Buffers and wider landscaping inc pedestrian link to the North East)

·         Public Open space

 

(b)  the following planning conditions (and reasons):-

 

1. The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

48737/c/005 b Amended construction access

48737/c/004 c Amended drainage layout - east

20.1464.40b Amended proposed site layout (infrastructure)

20.1462.31 Site plan (infrastructure)

21.5138.09 Suds area – associated with application 21/00977/DETIAL

Preliminary Ecological Appraisal (EECOS, June 2021)

Bat Surveys (EECOS, September 2021)

Reptile Survey (EECOS, September 2021)

Biodiversity Net Gain Assessment (EECOS, December 2021)

Reason - For the avoidance of doubt and in the interests of proper planning.

 

2. Prior to occupation of adjacent development a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority. Should any part be maintainable by a maintenance company, details of long term funding arrangements should be provided.

 

Reason:

- The scheme shall subsequently be implemented in accordance with the approved details and programme for delivery and thereafter retained.

- To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

- To ensure the effective operation of SuDS features over the lifetime of the development.

- To provide mitigation of any environmental harm which may be caused to the local water environment.

- Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

3. No development shall commence until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency's Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), has been submitted to and approved in writing by the Local Planning Authority (LPA). If any contamination is found, a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the approved development shall be submitted to and approved in writing by the LPA. The site shall be remediated in accordance with the measures and timescale approved and a verification report confirming the site has been remediated in accordance with the approved details shall be submitted to and approved in writing by the LPA. If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the LPA. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the LPA within 21 days of the report being completed and shall be approved in writing by the LPA.

 

Reason - To protect future residents against any potential contaminants present on the site.

 

4. No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

i. vehicle routing,

ii. the parking of vehicles of site operatives and visitors,

iii. loading and unloading of plant and materials,

iv. storage of plant and materials used in constructing the development,

v. wheel and underbody washing facilities.

vi. Before and after condition survey to identify defects to highway in the vicinity of the access to the site and where necessary ensure repairs are undertaken at the developer expense when caused by developer.

 

Reason: To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

 

5. On commencement of development the temporary construction access, as shown in principle on drawing 48737/c/005 b Amended construction access shall be constructed at right angles to the existing carriageway. The width of the access at its junction with the highway shall not be less than 7.3 metres retained at that width for 22 metres within the site and shall be provided with an appropriate kerb radius of no less than 15 metres. Upon completion of the development / numbered occupancy, the temporary construction vehicular access shall be suitably and permanently closed incorporating the reinstatement to full height of the highway verge / footway / cycleway  /  kerbing .  Full details to be agreed in writing with the Local Planning Authority.

 

Reason: To ensure to ensure that vehicles can enter and leave the highway in a controlled manner and the removal of and to preclude the creation of unnecessary points of traffic conflict in the highway following development in the interests of highway safety.

 

6. On commencement of development the temporary 30-mph speed limit and temporary Traffic Regulation Order shall be in place; the extents of the temporary speed limit to be agreed in advance with the local Planning Authority in conjunction with the local Highway Authority. The Traffic Management signage either side of the temporary construction access shall be submitted on a plan as part of this condition prior to the commencement of the development.

Reason: To ensure to ensure that vehicles can enter and leave the highway in a controlled manner and the removal of and to preclude the creation of unnecessary points of traffic conflict in the highway following development in the interests of highway safety.

 

Note: The developer will need to pay for the necessary temporary Traffic Regulation Order prior to the temporary construction access coming into use.

 

7. There shall be no discharge of surface water onto the Highway.

 

Reason: To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety.

 

8.  Prior to occupation of the site, the temporary road junction / access at its centre line shall be provided with a minimum clear to ground visibility splay with dimensions of 2.4 metres by 97 metres to the south-east and 2.4 metres by 90 metres to the north-west,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.

 

9. No unbound material shall be used in the surface treatment of the vehicular access within 10 metres of the highway boundary.

 

Reason: To avoid displacement of loose material onto the highway in the interests of highway safety in accordance.

 

10. Prior to the commencement of any construction or demolition works, the applicant (or their contractors) shall submit a full method statement to, and receive written approval from, the Pollution and Environmental Control. This should at minimum include the following where applicable.

 

Noise Control

1) The use of barriers to mitigate the impact of noisy operations will be used where possible. This may include the retention of part(s) of the original buildings during the demolition process to act in this capacity.

2) No vehicle connected with the works to arrive on site before 07:30 or leave after

19:00(except in the case of emergency). Working hours to be restricted between 08:00 and 18:00 Monday to Saturday (finishing at 13:00 on Saturday) with no working of any kind permitted on Sundays or any Public/Bank Holidays.

3) The selection and use of machinery to operate on site, and working practices to be adopted will, as a minimum requirement, be compliant with the standards laid out in

British Standard 5228.

4) Mobile plant to be resident on site during extended works shall be fitted with non-audible reversing alarms (subject to HSE agreement).

5) Prior to the commencement of any piling works which may be necessary, a full method statement shall be agreed in writing with the Planning Authority (in consultation with Pollution and Environmental Control). This will contain a rationale for the piling method chosen and details of the techniques to be employed which minimise noise and vibration to nearby residents.

6) If there is a requirement to work outside of the recommended hours the applicant or contractor must submit a request in writing for approval by Pollution and

Environmental Control prior to the commencement of works.

 

Emission Control

1) All waste arising from the demolition process, ground clearance and construction processes to be recycled or removed from the site subject to agreement with the Local Planning Authority and other relevant agencies.

2) No materials produced as a result of the site development or clearance shall be burned on site.

3) All reasonable steps, including damping down site roads, shall be taken to minimise dust and litter emissions from the site whilst works of construction and demolition are in progress.

4) All bulk carrying vehicles accessing the site shall be suitably sheeted to prevent nuisance from dust in transit.

 

Reason: Adherence to the above condition will significantly reduce the likelihood of public complaint and potential enforcement action by Pollution and Environmental Control. The condition gives the best practice for Demolition and Construction sites. Failure to follow them may result in enforcement action under nuisance legislation (Environmental Protection Act 1990), or the imposition of controls on working hours (Control of Pollution Act 1974).

 

9. Prior to the commencement of the development, details of the footways (including layout, levels, gradients, surfacing, traffic calming and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that footways are constructed to an acceptable standard, in the interests of highway safety.

 

10. 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.

 

11.  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

 

12.  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.

 

13.  Prior to occupation a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority.

 

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

 

14. Notwithstanding the details on the approved plan 21.5138.09 Suds area, no development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of soft landscaping works for the entire site, which shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS 5837:2012 Trees in relation to design, demolition and construction. Particular attention shall be given to the western boundary adjacent to proposed plots 136 and 119 of application 21/00977/DETIAL. A minimum of 10 landscape buffer (in width from the boundary) shall be presented to soften the site adjacent to the close board fencing associated with these proposed dwellings and related garden areas.

 

Reason - In the interests of visual amenity and the character of the area.

 

15. 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.

 

16. Notwithstanding the details submitted on the approved plans, the full technical details of the connection of the footpath to Weeley Road shall be submitted to the Local Planning Authority. The plans shall include a culvert over the existing drainage ditch adjacent to Weeley Road and details as to how the path connects with Weeley Road, also the details of the surface material used for the path across the site.  The approved details shall be implemented in full, retained and maintained for perpetuity by the Management.

Company responsible for the site. These works shall be fully completed and operational prior to the occupation of any residential dwelling associated with the residential development to the west of the site subject of the original application 17/01881/OUT or any related Section 73 application following the original planning approval.

 

Reason: In the interests of Highway Safety and in the interests of adequate drainage provision.

 

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. 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, for the areas being used for the attenuation basin and associated drainage features which has been submitted by the applicant, and approved in writing by the local planning authority.

 

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.

 

(d) an additional condition requiring boundary treatment around the suds area as follows:

 

Notwithstanding the plans hereby approved no development shall take place until precise details of the siting, design and materials of fencing/boundary treatment around the attenuation basin hereby approved have been submitted to and approved in writing by the local planning authority. The approved fencing/boundary treatment shall be erected prior to the development hereby approved becoming operational and thereafter be retained in the approved form.

 

Reason - in the interests of safety and residential amenity.

 

(e) 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.

 

(e)  the Assistant Director for 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.