Agenda item

The Committee considered the under-mentioned applications in light of reports by the Development Management and Conservation Manager and resolved as follows:-

 

CHE/21/00879/FUL - RESIDENTIAL DEVELOPMENT OF 15 DWELLINGS WITH ACCESS, LANDSCAPING AND ASSOCIATED WORKS ON DEVELOPMENT LAND WEST OF LOUNDSLEY GREEN ROAD, LOUNDSLEY GREEN FOR STRATA

 

In accordance with Minute No. 299 (2001/2002) Mrs Claire Linley (Head of Planning, Strata Homes) addressed the meeting and with Mr Martin Monahan (Strata Homes) answered questions from members.

 

*RESOLVED –

 

A. That the officer recommendation be upheld and the application be approved subject to completion of a Section 106 agreement relating to:

 

·        A commuted sum of £21,000 to CBC with 10% contingency, to be paid on commencement for upgrade of footpath to the east of the site.

 

·        Payment of an affordable housing contribution of £397,471 in lieu of onsite provision to be paid prior to first occupation, with a clause allowing for an increase in the contribution dependent upon achieved sales values.

 

·        A commuted sum Biodiversity net gain of 3.17 habitat units at £20,000 per unit to CBC = £63,400 to be spent within the Borough and paid prior to first occupation.

 

And subject to the following conditions and that a CIL liability notice be issued as per section 5.13 of the officer’s report:-

 

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

 

2.  The development hereby approved shall only be carried out in full accordance with the approved plans (listed below) with the exception of any approved non-material amendment or conditional requirement below.  All external dimensions and elevational treatments shall be as shown on the approved plan/s (listed below).

 

- Location plan: Dwg: 21-CL6-SEGD-CHL-01 Rev: A Received 06.12.2021

 

- Site layout: 21-CL6-SEGD-CHL-01 Rev H 23.11.2022

 

- House Type Naples: TA-(21)-501 received 29.11.2021

 

- House Type Valencia: TA-(21)-502 received 29.11.2021

 

- Landscaping plan: P21-2648.001 Rev E received

 

- Off site drainage connections 0461 Rev P2 received 25.01.2023

 

- Off site drainage connections 0460 Rev P3 received 25.01.2023

 

- Materials plan: plan no. 21-CL6-SEGD-MBSP-01 Rev B received 29.06.2022

 

- Close Boarded Fencing 1.8m High Dwg: SD10.EX.17 Received 29.11.2021

 

- Boundary plan SD10.EX.24 Rev A acoustic fence received 29.06.2022

 

- Knee rail SD10.EX.22 Rev S received 29.06.2022

 

- Fence detail Destination 18 EX.17 received 29.06.2022

 

- Street scene Rev A received 29.06.2022

 

3.  Works shall be completed on site in full accord with the submitted construction management and mitigation plan and the production management plan no. BM00108-PMP Rev A.

 

4.  Within 2 months of the commencement of development details of all the highway works (including; finished levels, gradients and surfacing) shall be submitted to and approved in writing by the Local Planning Authority. Works shall be completed in accordance with the agreed details.

 

5.  The carriageways and footways shall be constructed in accordance with the details approved plans, up to and including binder course surfacing, to ensure that each dwelling, prior to occupation, has a properly consolidated and surfaced carriageway and footway between the dwelling and the existing/proposed public highway. Until final surfacing is completed, the footway binder course shall be provided in a manner to avoid any upstands to gullies, covers or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority.

 

6.  The dwellings, the subject of the application, shall not be occupied until the site has been provided with suitable turning arrangements to enable service and delivery vehicles to turn, all as may be agreed in writing with the Local Planning Authority in writing. In the case where interim turning arrangements are constructed these must remain available until any permanent turning head is available, in accordance with the approved designs.

 

7.  No dwelling shall be occupied until space has been provided within the site curtilage / plot for the parking and manoeuvring of residents and visitors’ vehicles associated with that dwelling, all to be laid out, constructed and approved in writing by the Local Planning Authority. The facilities shall be retained throughout the life of the development free from any impediment to their designated use.

 

8.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification)

a) no means of enclosure (other than those hereby permitted) shall be erected within the curtilage of any dwelling where it is in line with or forward of the principal elevation of that dwelling, and

b) no outbuildings or extensions shall be erected to the side or rear of plots 1, 11, 12, 13, 14 and 15; without the prior written approval of the Local Planning Authority upon an application submitted to it.

 

9.  The development shall be completed in full accordance with the sustainability statement dated November 2021, including the provision of solar PV and EV charging to each dwelling hereby approved.

 

10.  Prior to the installation of services and lighting fixtures, a detailed lighting strategy shall be submitted to and approved in writing by the LPA to safeguard bats and other nocturnal wildlife. The woodland edge habitats shall be protected from lightspill, as far as practicable. The Strategy should provide details of the chosen luminaires, their locations and any mitigating features such as dimmers, PIR sensors and timers. A lux contour plan will be required to demonstrate acceptable levels of lightspill to sensitive ecological zones/features. Guidelines can be found in Guidance Note 08/18 - Bats and Artificial Lighting in the UK (BCT and ILP, 2018). Such approved measures will be implemented in full.

 

11.  The development shall be constructed and completed in full accordance with the submitted ecology report and enhancements

 

- bat boxes to Plots 1 and 15.

 

- swift boxes to all remaining plots.

 

- gaps 130 mm x 130 mm in garden fencing to maintain connectivity for hedgehogs.

 

12.  Prior to the commencement of the development tree protection measures shall be installed on site in strict accordance with the submitted Arboricultural Method Statement dated November 2021 and under the supervision of a suitably qualified tree specialist. Such measures shall be retained in place throughout construction works. The development shall be completed in full accordance with the AMS.

 

13.  The soft landscaping of the site shall be completed in full accordance with plan P21-2648.001 Rev E, all completed prior to final occupation of the development.

 

14.  A Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development. The LEMP shall cover all retained and created habitats, as identified in the agreed Ecological Impact Assessment by Whitcher Wildlife Ltd dated 18.05.2022, to meet the habitat gains set out in the Biodiversity metric calculation and landscaping of the site agreed under condition 13 above.

 

The content of the LEMP shall include the following;

 

a) Description and evaluation of features to be managed;

 

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 thirty-year period);

 

g) Details of the body or organization responsible for implementation of the plan;

 

h) Ongoing monitoring and remedial measures,

 

i) Details of the company to be set up to manage the any private highways areas and the landscaped areas of the site in perpetuity.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term (30 Years +) 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 shall be implemented in accordance with the approved details.

 

15.  In line with the proposed street scene sections a scheme detailing all proposed finished floor and land levels, with street scene and sections provided across the site frontage and within the site, shall be submitted to and approved in writing by the Local Planning Authority prior to development platforms being completed. The development shall be carried out in accordance with the approved scheme.

 

16.  The pedestrian link to the adjacent public right of way shall be installed on site and be available for use prior to the completion of the development. 

 

17.  All external materials and hard surfacing shall be in line with the details on plan no. 21-CL6-SEGD-MBSP-01 Rev B.

 

18.  The development shall be completed in accordance with the recommendations of the noise impact assessment dated 30.05.2022 by ENS Ltd. 

                            

19. a) Boundary treatments shall be in accordance with the details on plan no. 21-CL6-SEGD-CHL-01 Rev G.

b) In line with the above plan and prior to their installation, details including materials, of all retaining boundary walls shall be submitted to and agreed in writing by the Local Planning Authority. Works shall be completed in accordance with the agreed details.

 

20.  Construction work shall only be carried out between the hours of 8:00 am to 6:00 pm Monday to Friday and 8:00 am to 2:00 pm on a Saturday. Staff shall be allowed access only onto site Monday to Friday from 7.30am.  Construction work shall not be carried out on Sundays or Public Holidays. The term construction work shall include mobile and fixed plant/machinery, (e.g. generators) radios and the delivery of construction materials.

 

21.  No development above ground shall commence until; Any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is safe and stable for the development proposed.  The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

 

22. Prior to the occupation of the development or it being taken in beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

23.  No individual dwelling hereby approved shall be occupied until the optional requirement for water consumption (110 litres use per person per day) in Part G of the Building Regulations has been complied with for that dwelling.

 

24. The site shall be developed with separate systems of drainage for foul and surface water on and off site. In addition, the peak pumped foul water discharge shall not exceed 4.75 litres per second.

 

25. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

 

26. No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

 

a. The Site Specific Flood Risk Assessment Dated November 2021, Doc Ref: P21025- SsFRA_A Loundsley Green Strata “including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team”

 

b. And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015), have been submitted to and approved in writing by the Local Planning Authority.

 

27. The site shall be developed in accordance with the ‘RSK Geosciences’ document titled: Surface Water Management Plan (Ref: 302498-R01(01)) received 30^th August 2022.

 

28.  The above surface water attenuation should not be brought into use until such a time as it is fully designed and constructed in line with a scheme to be submitted to and approved in writing by the Local Planning Authority.

 

29.  Prior to the first occupation of the development, a verification report carried out by qualified drainage engineer must be submitted to and approved by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

30.  The development shall be completed in line with the submitted Employment and Training Scheme received 14.04.2022.

 

31.  Following completion of 50% of the dwellings and secondly at the stage of the final completion of the remaining 50% of the dwellings, a post construction Accessible Housing Certification Table containing the full details of the following matters shall be submitted to and approved in writing by the Local Planning Authority;

 

- Which and how many dwellings within the development have satisfied M4 (2)* accessible and adaptable dwellings standards

 

- Which and how many dwellings within the development have satisfied M4 (3)* wheelchair adaptable dwellings standards

 

- Which and how many dwellings within the development have satisfied M4 (3)* wheelchair accessible dwellings standard. (*contained within Part M Volume 1 (Approved Document) of The Building Regulations 2010, or any such Approved Document or Regulations for the time being in force, including any modification, extension or re-enactment of the same and including all instruments, orders, regulations and directions for the time being made, issued or given under the Approved Document or Regulations (or deriving validity from the same.))

The accessible dwellings shall be provided in accordance with the agreed details and shall be retained as provided for thereafter.

 

32. a) Works on site shall be undertaken in accordance with the recommendations of the following reports:

 

- Phase 2 Geo Environmental Assessment (Ref: NTE2269)

 

- Coal Mining and Geotechnical Appraisal (Ref: 4158/2 Date: November 2021) 

 

- Earthworks Specification (Ref: 4158/4 Date: December 2021)

 

- Specification for the Treatment of Shallow Workings & Mine Entries (Ref: 4158/3 Date: December 2021)

 

Including any additional chemical and gas testing for on-site material or for material for movement and deposition off site along with the formulation of appropriate remediation based on the findings of the recommended assessments.

 

b) If during development works any contamination should be encountered which was not previously identified and is derived from a different source and/or of a different type to those included in the above reports then the revised remediation shall be submitted to and approved in writing by the Local Planning Authority;

 

c)  Prior to the commencement of any construction works in any area that has been subject to remediation, a verification report shall be submitted to and approved in writing by the Local Planning Authority.

 

B.  That a CIL liability notice be issued for £176,452 as per section 5.13 of the officer’s report.