Agenda item

Application for approval of reserved matters (relating to layout, scale, appearance and landscaping) of appeal decision APP/K2420/W/22/3301735 (outline planning application 21/01131/OUT) for the provision of 127 dwellings, a substation, public open space, an attenuation pond and associated works.

 

Late items received after preparation of main agenda:

Consultations:-

 

Burbage Parish Council:

 

1.1.           On Monday 08 April 2024, Burbage Parish Council undertook an extraordinary meeting to discuss the development prior to the April Planning Committee.

 

1.2.           During this meeting, Burbage Parish Council confirmed that, whilst they strongly objected to the original planning application, 21/01131/OUT, the Parish Council intend to adopt the public open space within the development alongside the roadway trees as indicated in consideration of the commuted maintenance sum that is set out in the Section 106 Agreement. In addition, Burbage Parish Council supports the provision of a temporary haul from the south of the site.   

 

Highways:

 

1.3.           Within the Local Highway Authority’s latest response (25 March 2024), they highlighted concerns regarding:

 

·                The adoptability of the site.

·                Excessive length of turning head arms.

·                Inappropriate private drive radii access.

·                The provision of street trees and verges within the highway boundary.

·                Remote parking

·                The safe passage of refuse vehicles.

·                The use of build outs on proposed share surface roads.

·                Vehicular tracking.

·                Vehicular visibility, vehicular tracking.

 

1.4.           Since this response, the Applicant has provided additional details via a Swept Path Analysis Plan and a General Arrangement Plan, which they believe is to an adoptable standard and is likely to address the concerns of the Local Highway Authority.

 

1.5.           Furthermore, the Applicant has had a meeting with the Local Highway Authority where minor changes have been agreed to make the scheme acceptable including:

 

·                Amendments to vehicular visibility splays within the site.

·                A reduction in the size of turning heads.

·                The reduction in the length of shared surfaces to a maximum length of 40m.

·                Trees and verges repositioned outside of the highway boundary.

 

The Applicant is currently in the process of making these amendments.

 

1.6.           Nevertheless, as per the Committee Extract, the Case Officer’s recommendation for the approval of this planning application is subject to written confirmation from the Local Highway Authority stating that, in its view, the County Council does not consider the impacts of the development on highway safety to be unacceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe in accordance with Paragraph 115 of the National Planning Policy Framework (December 2023).

 

Public Open Space Provision:

 

1.7.           On 04 April 2024, Leicestershire County Council’s Ecology Department have raised concerns regarding the funding of the Protected Ecological Areas within the site (as detailed within the Biodiversity and Landscape Management Plan) given the requirement to maintain these protected areas as species-rich grassland.

 

1.8.           The Ecology Department have confirmed that they will respond in due course with further guidance.

 

1.9.           The Case Officer has requested that the entire Equipped Children’s Play Space is surfaced with safety surfacing rather than the current grass finish in the interests of usability.

 

1.10.        The Council’s Section 106 Compliance and Monitoring Officer has also requested costings of the Equipped Children’s Play Space to ensure that an appropriate provision of equipped play is provided within the site. These details were provided on Monday 08 April 2024, and are confidential in the interests of data protection.

 

Recommendation:-

 

Proposed Amendment to Recommendation:

 

1.11.        The Local Planning Authority’s Recommendation – the Item is permitted, subject to conditions outlined in the Report, and subject to final approval from the Local Highway Authority, with regards to internal layout.

 

Revised Plans:

 

1.12.        Since the completion of the Committee Extract, the Applicant provided the following revised plans:

 

·                Biodiversity and Landscape Management Plan (Rev C)

·                Boundary Treatment Plan BTP-1 (Rev E)

·                Detailed Hard Landscape Proposals 13 to 15 (Rev F)

·                Detailed Soft Landscape Proposals 01 to 12 (Rev F)

·                General Arrangement Planning 050D

·                POS Categorisation Plan POS-CP (Rev D)

·                Proposed Double Garage Floor Plans and Elevations (Rev A)

·                Proposed Single Garage Floor Plans and Elevations (Rev A)

·                Proposed The Cullen House Type Ground Floor Plan (Rev A)

·                Proposed Triple Garage Floor Plans and Elevations (Rev A)

·                Proposed Twin Garage Floor Plans and Elevations (Rev A)

·                Swept Path Analysis 051D

 

Given the above, Planning Condition 05 (Details of the Proposed Garages) of the Committee Extract has been removed.

 

Amendment to Condition(s):

 

1.13.        Following discussions with the Applicant, Condition 07 (Noise) has been revised to the following (amendments in bold):

 

‘No development shall commence on site (with the exception of site clearance, preparation, and engineering works) until a scheme for protecting all proposed dwellings that are potentially affected by noise from the road network and the nearby hotel are submitted in writing to, and agreed in writing by, the Local Planning Authority. The agreed scheme shall be implemented in full prior to the first occupation of any dwelling.

 

Reason: To protect the residential amenity of the future occupiers of the development in accordance with Policy DM7 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).’

 

1.14.        Notwithstanding this, the Applicant provided a revised Noise Impact Assessment on Monday 08 April 2024 and are in direct negotiations with the Council’s Pollution Officer in relation to this matter. As of Tuesday 09 April 2024, no further comments have been provided by the Pollution Officer to the Case Officer on the revised Noise Impact Assessment.

 

Outstanding Amendments:-

 

  Layout

 

1.15.        To meet the requirements of the Local Highway Authority, the street trees and verges are being relocated behind, and outside of, the highway boundary. This proposed planting shall then be identified within a revised Public Open Space Plan that details its associated maintenance funding so these areas can be formally provided to Burbage Parish Council.

 

1.16.        The Proposed Masterplan requires amendments to highlight the proposed hoggin surface path that has been provided through the pocket park to the southeast of the site.

 

1.17.        The Case Officer has queried the discrepancy between the indicative number of trees within the site shown within the Proposed Masterplan, and the actual number of trees within the actual Detailed Soft Landscape Plans. Consequently, the Case Officer has also requested further justification as to why the larger provision of street trees cannot be provided within the site.

 

1.18.        No further late items have been received.

Application for approval of reserved matters (relating to layout, scale, appearance and landscaping) of appeal decision APP/K2420/W/22/3301735 (outline planning application 21/01131/OUT) for the provision of 127 dwellings, a substation, public open space, an attenuation pond and associated works.

 

It was moved by Councillor R Allen, seconded by Councillor Williams and

 

RESOLVED –

 

(i)            Permission be granted subject to:

 

a.    The conditions contained in the officer’s report and late items;

 

b.    Final approval from the local highways authority with regard to internal layout;

 

(ii)          The Head of Planning be granted authority to determine the final detail of planning conditions and internal road layout;

 

(iii)         The Head of Planning be granted authority to determine the final detail of obligations including public open space provision and further ecological information.