Agenda item

Application for residential development of 40 dwellings and associated infrastructure.

 

Late items received after publication of main agenda:

 

Adjustments to the proposed layout and landscaping have been made. A tree line is proposed to the northern boundary of the site along the Railway line. A consultation was carried out with the Parish Council and LCC Ecology in light of these amendments.

Consultations:-

Burbage Parish Council have removed their objection to the application in light of the amended plans which show the tree buffer to the north of the site.

LCC Ecology maintain that the buffer to the north still needs to be larger to provide a habitat corridor.

Further correspondence has been received from LCC Developer Contributions seeking clarify on the Civic Amenity Section 106 contribution.

Appraisal:-

Ecology

The revised site layout shows a tree buffer along the northern boundary adjacent to the railway. LCC Ecology maintain their objection and request a larger buffer to the rear of the site to strengthen habitat connectivity. Overall, there is no change to the overall ecology assessment set out within paragraph 8.69 of the committee report.

The planning balance outcome remains as set out within the committee report. However paragraph 8.90 is altered as follows:

The only policy the scheme does not comply with is Policy DM6 of the SADMP due to the requested full vegetation buffer not being proposed to the north of the site. There is still a buffer proposed to strengthen habitat connectivity along the railway corridor however LCC Ecology state that the latest proposed layout is unacceptable as the buffer should be larger.

Infrastructure contributions

Civic Amenity

The committee report states that the civic amenity contribution requested by LCC is not required. This is incorrect. The contribution is calculated using a methodology that is attributed to all developments of this typology and has only been requested where necessary. Therefore the contribution relates fairly and reasonably in scale and kind. This contribution is therefore CIL compliant and requested as set out within the committee reports recommendation.

Other matters

Condition 5 within the committee report relates to waste provision. These details have been provided and therefore this condition is not necessary and will not be imposed. All other conditions remain the same but are renumbered below for completeness.

 

 

Recommendation:-

Unchanged from officer report:

Grant planning permission subject to:

·                The completion within 6 months of this resolution of a S106 agreement to secure the following obligations:

·      20% affordable housing units (8 units)

·      Education facilities contribution of  £25,511.64

·      Health care facilities contribution of £20,252.50

·      Public play and open space contribution of £83,863.20

·      Library facilities contribution of £1,210

·      Civic amenity contribution of £1,981

·      Travel Packs for the future occupiers (£52.85 per pack)

·      Six month bus passes (two per dwelling) at approximately £360 per pass

·                Planning conditions outlined at the end of this report.

That the Planning Director be given powers to determine the final detail of planning conditions.

That the Planning Director be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Amended conditions:

1.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

          Reason: To comply with the requirements of Section 91 of the Town and Country           Planning Act 1990, as amended by the Planning and Compulsory Purchase Act           2004.

2.       The development hereby permitted shall not be carried out otherwise than in complete accordance with the submitted application details, as follows:

-     Materials Layout Drg No: BF_ML_01 Rev: B

     received by the Local Planning Authority on 22 November 2021.

     Detailed Planting Plan sheet 1 of 3 Drg No: 10192-FPCR-XX-XX-DR-L-0001

-     Detailed Planting Plan sheet 2 of 3 Drg No: 10192-FPCR-XX-XX-DR-L-0002

-     Detailed Planting Plan sheet 3 of 3 Drg No: 10192-FPCR-XX-XX-DR-L-0003

     received by the Local Planning Authority on 10 November 2021.

-     Proposed Site Sections Drg No: SS-01 20.2027 Rev B

-     Proposed Street Elevations Drg No: SE-01 20.27 Rev: B

-     Coloured Planning Layout Drg No: PL-01 20.27 Rev: D

     received by the Local Planning Authority on 2 November 2021.

-     Planning Layout Rev: H

-     House Type Pack Rev: E

     received by the Local Planning Authority on 25 October 2021.

-     Engineering Layout Plan Drg No: 1707 101F

     received by the Local Planning Authority on 20 October 2021.

-     Amended Transport Assessment – Oct 21

     received by the Local Planning Authority on 7 October 2021.

-     Amended Drainage Layout

     received by the Local Planning Authority on 24 September 2021.

-     Garden Size Schedule

     received by the Local Planning Authority on 20 August 2021.

-     Topographical Survey Drg No: 38479_T

-     Typical Tree Pit Details Drg No: P20-2960_03

-     Location Plan Drg No: MJ/Burgess/02

     received by the Local Planning Authority on 18 February 2021.

Reason: To ensure a satisfactory form of development in accordance with Policies DM1 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

3.       The materials to be used on the external elevations of the proposed extension and alteration shall accord with the approved Materials Layout Drg No: BF_ML_01 Rev: B received by the Local Planning Authority on 22 November 2021.

          Reason: To ensure that the development has a satisfactory external           appearance in accordance with Policies DM10, DM11 and DM12 of the      adopted Site Allocations and Development Management Policies Development     Plan Document (2016).

4.       No development shall commence on site until such time as the existing and proposed ground levels of the site, and proposed finished floor levels have been submitted to and agreed in writing by the local planning authority. The development shall then be implemented in accordance with the approved details.

          Reason: To ensure that the development has a satisfactory appearance and in    the interests of visual amenity in accordance with Policy DM10 of the adopted           Site Allocations and Development Management Policies Development Plan    Document (2016).

5.       Prior to the commencement of development full details for the provision of electronic communications infrastructure to serve the development, including full fibre broadband connections, shall be submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details and the infrastructure fully available prior to the occupation of each dwelling/unit on the site.

          Reason: To ensure the provision of a high quality and reliable communications           infrastructure network to serve the development to accord with paragraph 112 of the National Planning Policy Framework (2021).

6.       No development shall commence on the site until such time as a construction traffic management plan, including as a minimum details of wheel cleansing facilities, vehicle parking facilities, and a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority.  The construction of the development shall thereafter be carried out in accordance with the approved details and timetable.

          Reason: To reduce the possibility of deleterious material (mud, stones etc.) being           deposited in the highway and becoming a hazard for road users, to ensure that           construction traffic does not use unsatisfactory roads and lead to on-street parking           problems in the area to accord with Policy DM17 of the adopted Site Allocations and Development Management Policies DPD (2016).

7.       Development shall not begin until a scheme for protecting the proposed dwellings from noise from road, railway and the adjacent employment uses has been submitted to and approved by the Local Planning Authority; and all works which form part of the scheme shall be completed before any of the permitted dwellings are first occupied.

          Reason: To ensure that the proposed use does not become a source of    annoyance to nearby residents in accordance with Policy DM10 of the adopted           Site Allocations and Development Management Policies Development Plan             Document (2016).

8.       Prior to commencement of development a Construction Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority.  The plan shall detail how, during the site preparation and construction phase of the development, the impact on existing and proposed residential premises and the environment shall be prevented or mitigated from dust, odour, noise, smoke, light and land contamination.  The plan shall detail how such controls will be monitored.

          The plan will provide a procedure for the investigation of complaints.  The agreed details shall be implemented throughout the course of the development.

          Reason: To minimise disruption to the neighbouring residents in accordance        with Policy DM7 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

9.       Construction work of the development, hereby permitted, shall not take place other than between the hours of 07:30 hrs and 18:00 hrs on weekdays and 08:00 hrs and 13:00 hrs on Saturdays and not   at any time on Sundays and Bank Holidays unless other agreed in writing by the local planning authority.

          Reason: To minimise disruption to the neighbouring residents in accordance        with Policy DM7 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

10.    No development approved by this permission shall be commenced until a scheme for the investigation of any potential land contamination on the site has been submitted in writing to and agreed in writing by the Local Planning Authority which shall include details of how any contamination shall be dealt with.  The approved scheme shall be implemented in accordance with the agreed details and any remediation works so approved shall be carried out prior to the site first being occupied.

          Reason: To ensure that risks from land contamination to the future users of the   land and neighbouring land are minimised in accordance with Policy DM7 of the         adopted Site Allocations and Development Management Policies Development     Plan Document (2016).

11.    If during development, contamination not previously identified is found to be present at the site, no further development shall take place until an addendum to the scheme for the investigation of all potential land contamination is submitted in writing to and approved in writing by the Local Planning Authority which shall include details of how the unsuspected contamination shall be dealt with.  Any remediation works so approved shall be carried out prior to the first dwelling being occupied.

          Reason: To ensure that risks from land contamination to the future users of the   land and neighbouring land are minimised in accordance with Policy DM7 of the         adopted Site Allocations and Development Management Policies Development     Plan Document (2016).

12.    Prior to commencement of development a scheme for the monitoring of landfill gas on the site shall be submitted to and in writing by the Local Planning Authority which shall include details of how any landfill gas shall be dealt with.  The approved scheme shall be implemented in accordance with the agreed details and any remediation works so approved shall be carried out prior to the site first being occupied.

          Reason: As the site lies within 250 metres of a known landfill/made up ground     site and in the absence of detailed information which demonstrates that the    site does not have ground gas egress, in order to safeguard human health and            to ensure that the necessary measures are taken to avoid any risk to public     safety, in accordance with Policy DM7 of the adopted Site Allocations and          Development Management Policies Development Plan Document (2016).

13.    The use of the garage(s) shall remain at all times for the purpose of parking a motor vehicle and shall not be converted to additional living accommodation, unless otherwise agreed in writing by the Local Planning Authority.

          Reason: To ensure that adequate off-street parking facilities are available in           accordance with Policy DM18 of the adopted Site Allocations and Development           Management Policies Development Plan Document (2016).

14.    No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on Farrow Walsh drawing number FW2039-H-800-01 Rev A3 have been implemented in full.

          Reason: To ensure that vehicles entering and leaving the site may pass each           other clear of the highway, in a slow and controlled manner, in the interests of           general highway safety and in accordance with the National Planning Policy           Framework (2021) and Policy DM17 of the Site Allocations and Development           Management Development Plan Document (2016).

15.    No part of the development hereby permitted shall be occupied until such time as vehicular visibility splays of 2.4 metres by 33 metres have been provided at the site access. These shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway.

          Reason: To afford adequate visibility at the access to cater for the expected           volume of traffic joining the existing highway network, in the interests of general           highway safety, and in accordance with the National Planning Policy Framework           (2021) and Policy DM17 of the Site Allocations and Development Management           Development Plan Document (2016).

16.    The development hereby permitted shall not be occupied until such time as the parking and turning facilities for each dwelling have been implemented in accordance with Persimmon drawing number BF_PL_01 Rev. H. Thereafter the onsite parking provision shall be so maintained in perpetuity.

          Reason: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking          problems locally (and to enable vehicles to enter and leave the site in a          forward direction) in the interests of highway safety and in accordance with the          National Planning Policy Framework (2021) and Policies DM17 and DM18 of the Site Allocations and Development Management Development Plan            Document (2016).

17.    No part of the development hereby permitted shall be occupied until such time as site drainage details have been provided to and approved in writing by the Local Planning Authority. Thereafter surface water shall not drain into the Public Highway and thereafter shall be so maintained.

          Reason: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users in accordance with the National        Planning Policy Framework (2021) and Policy DM17 of the Site Allocations and      Development Management Development Plan Document (2016).

18.    Any dwellings that are served by private access drives (and any turning spaces) shall not be occupied until such time as the private access drive that serves those dwellings has been provided in accordance with Figure DG20 of the Leicestershire Highways Design Guide. The private access drives should be surfaced with tarmacadam, or similar hard bound material (not    loose aggregate) for a distance of at least 5 metres behind the highway boundary and, once provided, shall be so maintained in perpetuity.

          Reason: To reduce the possibility of deleterious material being deposited in the           highway (loose stones etc.) in the interests of highway safety and in accordance with the National Planning Policy Framework (2021) and Policy DM17 of the Site       Allocations and Development Management Development Plan Document        (2016).

19.    Notwithstanding the provisions of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) no vehicular access gates, barriers, bollards, chains or other such obstructions shall be erected within a distance of 5 metres of the highway boundary.

          Reason: To enable a vehicle to stand clear of the highway in order to protect the           free and safe passage of traffic including pedestrians in the public highway in           accordance with the National Planning Policy Framework (2021) and Policy           DM17 of the Site Allocations and Development Management Development Plan           Document (2016).

20.    No part of the development hereby permitted shall be occupied until such time as 1.0 metre by 1.0 metre pedestrian visibility splays have been provided on the highway boundary on both sides of all private accesses with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway and, once provided, shall be so maintained in perpetuity.

          Reason: In the interests of pedestrian safety and in accordance with the    National Planning Policy Framework (2021) and Policy DM17 of the Site      Allocations and Development Management Development Plan Document    (2016).

21.    The new vehicular access hereby permitted shall not be used for a period of more than one month from being first brought into use unless the existing vehicular accesses on Brookfield Road that become redundant as a result of this proposal have been closed permanently and reinstated in accordance with details first submitted to and agreed in writing by the Local

          Planning Authority.

          Reason: In the interests of highway and pedestrian safety in accordance with the           National Planning Policy Framework (2021) and Policy DM17 of the Site    Allocations and Development Management Development Plan Document (2016).

22.    Prior to the occupation of each dwelling/unit on site full details of the electric vehicle charging points identified on the approved Materials Layout Drg No: BF_ML_01 Rev: B shall be submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details and the infrastructure fully available prior to the occupation of each dwelling/unit on the site.

          Reason: To ensure the provision of a high quality and reliable communications           infrastructure network to serve the development to accord with paragraph 112 of the National Planning Policy Framework (2021).

23.    Development shall not begin until a scheme to provide a sustainable surface water drainage system has been submitted to and approved by the Local Planning Authority, and the scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site in accordance with Policy DM7 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

 

24.    Prior to commencement of development details in relation to the management of surface water on site during construction of the development shall be submitted to, and approved in writing by, the Local Planning Authority. Details should demonstrate how surface water will be managed on site to prevent an increase in flood risk during the various construction stages of development from initial site works through to completion. This shall include temporary attenuation, additional treatment, controls, maintenance and protection. Details regarding the protection of any proposed infiltration areas should also be provided.

Reason: To prevent an increase in flood risk, maintain the existing surface water runoff quality, and to prevent damage to the final surface water management systems though the entire development construction phase in accordance with Policy DM7 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

25.    Prior to commencement of development details in relation to the long term maintenance of the sustainable surface water drainage system on the development shall be submitted to and approved in writing by the Local Planning Authority. Details of the SuDS Maintenance Plan should include responsibilities and schedules for routine maintenance, remedial actions and monitoring of the separate elements of the system and should also include procedures that must be implemented in the event of pollution incidents within the development site.

          Reason: To establish a suitable maintenance regime that may be monitored over           time; that will ensure the long-term performance, both in terms of flood risk and           water quality, of the surface water drainage in accordance with Policy DM7 of the           adopted Site Allocations and Development Management Policies Development    Plan Document (2016).

26.    No development shall commence on the site until details of the mechanical ventilation of Plots 9-28 has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and shall be retained in perpetuity.

Reason: To minimise noise disturbance to the future residents in accordance with Policy DM7 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

27.    No development shall take place until a scheme of hard landscaping works for the site, including an implementation scheme, has been submitted in writing to and approved in writing by the local planning authority. The scheme shall be carried out in full accordance with the approved landscaping scheme. The soft landscaping scheme shall accordance with approved Soft Landscaping drawings (Drg no.'s: 10192-FPCR-XX-XX-DR-L- 0001, 0002, 0003) and shall be maintained for a period of five years from the date of planting. During this period any trees or shrubs which die or are damaged, removed, or seriously diseased shall be replaced by trees or shrubs of a similar size and species to those originally planted at which time shall be specified in writing by the Local Planning Authority.

          Reason: To ensure that the development has a satisfactory external           appearance in accordance with Policies DM4 and DM10 of the adopted Site           Allocations and Development Management Policies Development Plan      Document (2016).

28.    A landscape management plan, including long term objectives, management responsibilities and maintenance schedules for all landscape areas, other than small privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use.  The landscape management plan shall be carried out as per the approved details.

          Reason: To ensure that the work is carried out within a reasonable period and           thereafter maintained in accordance with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan             Document (2016).

29.    The approved hard and soft landscaping scheme shall be carried out in accordance with the conditions 28 and 29 in the first planting season following the first occupation of the dwelling to which it relates.  The soft landscaping scheme shall be maintained for a period of five years from the date of planting. During this period any trees or shrubs which die or are damaged, removed, or seriously diseased shall be replaced by trees or shrubs of a similar size and species to those originally planted at which time shall be specified in writing by the Local Planning Authority.

          Reason: To ensure that the work is carried out within a reasonable period and           thereafter maintained in accordance with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan             Document (2016).

30.    Prior to any development above foundation level hereby permitted the details of the boundary treatments shown on Planning Layout Drg No. BF_PL_01 Rev: H shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall then implemented in full prior to first occupation of any of the dwelling and the boundaries permanently maintained as such at all times.

          Reason: To ensure a satisfactory level of amenity to future occupiers in     accordance with Policy DM10 of the adopted Site Allocations and Development           Management Policies Development Plan Document (2016).

31.    The recommendations within paragraph 4.5 of the bat survey report (FCPR, July 2021) should be adhered to.

          Reason: To ensure satisfactory protection of protected species in accordance      with Policy DM6 of the Site Allocations and Development Management Policies          DPD.

 

Application for residential development of 40 dwellings and associated infrastructure.

 

In introducing the application, the Director (Environment & Planning) recommended the insertion of the word “demolition” after “site preparation” in condition 9 of the report to ensure full details of how demolition of the existing properties would take place.

 

Whilst in support of the application, it was moved by Councillor Findlay and seconded by Councillor Furlong that permission be granted with an amendment that determination of the final terms of the section 106 agreement be delegated to the Director in consultation with the chair of Planning Committee and the ward member. Upon being put to the vote, the motion as amended was CARRIED and it was

 

RESOLVED –

 

(i)            Planning permission be granted subject to:

 

a.    The completion within six months of this resolution of a S106 agreement to secure the following obligations:

 

·         20% affordable housing units (8 units);

·         Education facilities contribution of £25,511.64;

·         Health care facilities contribution of £83,863.20;

·         Public play and open space contribution of £83,863.20;

·         Library facilities contribution of £1,210;

·         Civic amenity contribution of £1,981;

·         Travel packs for the future occupiers (£52.85 per pack);

·         Six month bus passes (two per dwelling) at approximately £360 per pass.

 

b.    The conditions contained in the officer’s report and late items with the abovementioned amendment to condition 9.

 

(ii)          The Director (Environment & Planning) be granted delegated authority to determine the final detail of planning conditions;

 

(iii)         The Director (Environment & Planning), in consultation with the chairman and the ward councillor, be granted delegated powers to determine the final terms of the S106 agreement including trigger points and claw back periods.