| Conditions / Reason for Refusal: |
Conditions
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Conditions numbered 5, 24, 25 and 28 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 5, 24, 25 and 28 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
General
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below):
General
2015.20 rev A – Location Plan, received 16 April 2021
2015.01 rev X – Site Layout Plan, received 14 May 2021
2015.04 rev B – Streetscenes, received 16 April 2021
2015.05 rev A – Cross Sections, received 21 April 2021
2015.06 rev C – Boundary Treatment Plan, received 17 June 2021
House Types
2015.BAX.01, received 16 April 2021
2015.BOW.01, received 16 April 2021
2015.BUN.01, received 16 April 2021
2015.CUT.01, received 16 April 2021
2015.FAR.01, received 16 April 2021
2015.LOR.01, received 16 April 2021
2015.SHO.01, received 16 April 2021
2015.TAI.01, received 16 April 2021
2015.THE.01, received 16 April 2021
2015.THE.02, received 16 April 2021
Garages
2015.G.01, received 16 April 2021
Reason
To define the permission and for the avoidance of doubt.
Materials
03
Before work commences above ground level on the construction of the dwellings hereby approved, details of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to the Local Planning Authority or samples of the materials shall be left on site, and the development shall thereafter be carried out in accordance with the approved details/samples.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity.
04
The approved boundary treatments detailed on drawing numbers 2015.06 rev C shall be completed for each dwelling prior to first occupation and on the boundary to Park Hill Farm and the adjacent Football Club prior to the first dwelling being occupied, unless otherwise agreed in writing with the Local Planning Authority.
Reason
In the interests of the visual amenity of the area and security of the site and land adjacent, in accordance with the Local Plan.
Amenity
05
Prior to the commencement of development, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include:
• Details of the proposed access to the site for all vehicles associated with the development on the application site;
• Traffic management measures during the construction work;
• The location of the site compound and staff parking;
• Measures to deal with dust;
• Measures to deal with mud in the highway;
• All loaded lorries leaving the site shall be securely and effectively sheeted.
• Details of proposed hours of construction on/deliveries to the site; and such further matters as the Local Planning Authority may consider necessary.
• Details of any generators on site.
• Details of site manager in relation to potential complaints.
• The location of any soils and / or other materials required throughout the construction phase.
Reason
In the interests of highway safety and residential amenity.
06
Prior to each dwelling being occupied the noise mitigation measures set out in section 5.0 of the submitted and approved Noise Impact Assessment dated 3rd March 2021 by Sharps Redmore shall be implemented unless otherwise agreed in writing with the Local Planning Authority. The approved details shall thereafter be retained and maintained.
Reason
In the interests of residential amenity.
Air Quality
07
Prior to the occupation of any dwelling, details of the infrastructure to allow every future homeowner on the site to fit their own specific Electric Vehicle Charging connection plate, shall be submitted to and approved by the Local Planning Authority. Each dwelling shall not be occupied until the approved infrastructure has been provided, and they shall thereafter be retained.
Reason
In the interests of air quality and to provide appropriate facilities for electric vehicles.
Drainage
08
The site shall be developed with separate systems of drainage for foul and surface water on and off site.
Reason
In the interest of satisfactory and sustainable drainage.
09
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:
i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and
ii) the means of discharging to the public sewer network at a rate to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal.
10
Above ground development or drainage works shall not begin until a foul and surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the construction details and shall subsequently be implemented in accordance with the approved details before the development is completed. During construction, if the approved scheme has not been implemented, temporary arrangements shall be put in place to limit surface water runoff to the agreed discharge rate. The scheme to be submitted shall demonstrate:
• The utilisation of holding sustainable drainage techniques;
• The limitation of surface water run-off to equivalent greenfield rates (i.e. maximum of 5 litres/second/Ha) or that stated by Yorkshire Water if lower than the calculated greenfield rate;
• The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus a 30% allowance for climate change, based upon the submission of drainage calculations; and
• A maintenance plan including responsibility for the future maintenance of drainage features and how this is to be guaranteed for the lifetime of the development.
Reason
To ensure that the development can be properly drained in accordance with the Local plan and the NPPF.
11
Construction of roads or dwellings shall not begin until a flood route drawing has been submitted to and approved in writing by the Local Planning Authority. The drawing shall show how exceptional flows generated within or from outside the site will be managed, including overland flow routes, internal and external levels and design of buildings to prevent entry of water. The development shall not be brought into use until such approved details are implemented.
Reason
To ensure that the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF.
Landscapes
12
Prior to any above ground development taking place, details of a scheme of advance planting to provide mitigation and structure planting to the site’s western boundary with Park Hill Farm shall be submitted to and approved in writing by the Local Planning Authority.
The said planting shall thereafter be implemented in accordance with the approved details:
i. Prior to the first occupation of the part or phase of development to which the screen relates: or
ii. In accordance with an implementation timetable agreed in writing with the Local Planning Authority.
This planting shall be maintained for the lifetime of the development following contractual practical completion of the part or phase of development to which it relates, and any failures replaced for a period of 5 years.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
13
Prior to any above ground development taking place, a detailed landscape scheme for Plot landscaping shall be submitted to, and approved in writing by, the Local Planning Authority. The landscape scheme shall be based on the approved Landscape masterplan prepared to a minimum scale of 1:200 and shall clearly identify through supplementary drawings where necessary:
- The extent of existing planting, including those trees or areas of vegetation that are to be retained, and those that it is proposed to remove.
- The extent of any changes to existing ground levels, where these are proposed.
- Any constraints in the form of existing or proposed site services, or visibility requirements.
- Areas of structural and ornamental planting that are to be carried out.
- A planting plan and schedule detailing the proposed species, siting, quality and size specification, and planting distances.
- A written specification for ground preparation and soft landscape works.
- The programme for implementation.
- Written details of the responsibility for ongoing maintenance and a schedule of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in accordance with the appropriate standards and codes of practice within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
14
Prior to first occupation, a detailed hard and soft landscape scheme for the Public Open Space/ Play Area within the development shall be submitted to, and approved in writing by, the Local Planning Authority. These details shall be prepared to a minimum scale of 1:200. The scheme shall clearly identify the following as appropriate:
Hard Landscape elements:
- Existing and proposed finished levels or contours
- Means of enclosure
- Other vehicle and pedestrian access and circulation areas
- Hard surfacing materials
- Minor artefacts and structures (e.g. furniture, play equipment, refuse or other
storage units, signs, lighting)
- Proposed and existing functional services above and below ground (e.g.
drainage, power, communication cables, pipelines, inspection chambers, etc)
- Highway visibility requirements
- Retained existing site features and proposals for restoration, where relevant.
Soft landscape details shall include:
- Planting plans
- Written specifications (including ground preparation, cultivation and other
operations associated with plant and grass establishment)
Schedules of plants, noting species, planting sizes and proposed numbers /
densities or planting distances
- An implementation programme.
- Written details of the responsibility for ongoing maintenance and a schedule
of operations.
The scheme shall thereafter be implemented in accordance with the approved landscape scheme and in within a timescale agreed, in writing, by the Local Planning Authority.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
15
A Landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public open space areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme for the lifetime of the development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
16
Any plants or trees which within a period of 5 years from completion of the part or phase of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
Ecology
17
Prior to above ground development taking place a Biodiversity Management Plan, as set out in the Conclusions and Recommendations section of the submitted Preliminary Ecological Appraisal Report prepared by Brooks Ecological dated 20 October 2020, shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of the type and location of bat and bird boxes and location of openings in fences to allow hedgehogs to move through the site. The approved details shall be implemented in accordance with a timeframe to be agreed with the Local Planning Authority and shall thereafter be retained and maintained unless otherwise agreed with the Local Planning Authority.
Reason
In order not to disturb any bats or birds and to make adequate provision for species protected by the Wildlife & Countryside Act 1981.
Green Spaces
18
Prior to the construction of the Local Area Play (LAP) area indicated on drawing number 2015.01 rev X, details of the equipment to be provided shall be submitted to and approved in writing by the Local Planning Authority. The approved equipment shall be installed in accordance with a timeframe to be agreed with the Local Planning Authority.
Reason
To ensure the scheme provides an appropriate level of play provision.
Highways
19
Before work commences on the access or the new internal road layout, details of the proposed works shown in draft form on Drg No 2015.01 rev X to Park Hill which include the provision of a new adoptable footway on the site frontage, street lighting improvements, amendments to the lining, provision of a pedestrian refuge and appropriate signage shall be submitted to and approved by the Local Planning Authority. The scheme shall be implemented prior to the first occupation of the development.
Reason
In the interests of highway safety and sustainability.
20
Before the development is brought into use, that part of the site to be used by vehicles shall be properly constructed with either
a/ a permeable surface and associated water retention/collection drainage, or
b/ an impermeable surface with water collected and taken to a separately constructed water retention / discharge system within the site.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
21
Before work commences on the access or the new internal road layout, details of road sections, construction and drainage details shall be submitted to and approved by the Local Planning Authority, and the approved details shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
Waste Management Plan
22
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
1) information on the amount and type of waste that will be generated from the site;
2) measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3) an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
4) design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
5) measures to minimise the use of raw materials and minimise pollution of any waste;
6) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
7) construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
8) details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Communication
23
Details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF.
Archaeology
24
Part A (pre-commencement)
No development, including any demolition and groundworks, shall take place until the applicant, or their agent or successor in title, has submitted a Written Scheme of Investigation (WSI) that sets out a strategy for archaeological investigation and this has been approved in writing by the Local Planning Authority. The WSI shall include:
• The programme and method of site investigation and recording.
• The requirement to seek preservation in situ of identified features of importance.
• The programme for post-investigation assessment.
• The provision to be made for analysis and reporting.
• The provision to be made for publication and dissemination of the results.
• The provision to be made for deposition of the archive created.
• Nomination of a competent person/persons or organisation to undertake the works.
• The timetable for completion of all site investigation and post-investigation works.
Part B (pre-occupation/use)
Thereafter the development shall only take place in accordance with the approved WSI and the development shall not be brought into use until the Local Planning Authority has confirmed in writing that the requirements of the WSI have been fulfilled or alternative timescales agreed.
Reason
To ensure that any archaeological remains present, whether buried or part of a standing building, are investigated and a proper understanding of their nature, date, extent and significance gained, before those remains are damaged or destroyed and that knowledge gained is then disseminated.
Land Contamination
25
Prior to development works commencing a detailed earthworks strategy/specification will need to be submitted for approval. All works will need to be undertaken in accordance with the earthwork strategy to ensure that any geotechnical and contamination risks will be managed appropriately.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
26
In the event that during development works unexpected significant contamination is encountered, the local planning authority shall be notified in writing immediately. Any requirements for remedial works shall be submitted to and approved in writing by the Local Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
27
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-1 with a corresponding ACEC class of AC-Z2, details of which shall be submitted to and approved in writing by the Local Planning Authority, prior to any buried concrete being installed.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
28
The site has been identified as a gas characteristic amber situation 2 and gas protection measures are required for each plot. The following information will therefore be required to be submitted to the Local Authority for review and comment:
a) Prior to construction a Detailed Design Report for Gas Mitigation Measures will be provided and shall be in accordance with Section 6.2 Workmanship and Certification, subsections 6.2.2 to 6.2.4 on page 12 of the report entitled ‘Gas Risk Assessment – Land at Park Hill, Swallownest’ – prepared by Lithos Consulting Ltd, dated May 2021, Reference 370412. The gas protection measures will be installed by appropriately trained and qualified personnel).
b) Post construction, a Verification Report is to be provided for each plot to confirm that the measures constructed/installed meet the required standards. Inspection reports for each plot will be forwarded to the Local Authority for review and comment and shall be undertaken by a CL:AIRE approved Specialist In Gas Protection Verification.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
29
If subsoil/topsoil is required to be imported to site for remedial works/earthworks/garden areas then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination. The results of which will need to be presented in the format of a validation report.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
30
Following completion of any remedial/ground preparation works a Validation Report should be forwarded to the Local Authority for review and comment. The validation report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the validation report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all validation data has been approved by the Local Authority.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Trees
31
No operations (including initial site clearance) shall commence on site in connection with development hereby approved until the tree protection measures detailed on drawing number SWN 04A have been installed on site and approved in writing by the Local Planning Authority.
All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
Reason
To ensure the trees/shrubs are protected during the construction of the development in the interests of amenity.
32
All tree works shall be carried out in accordance with B.S.3998: 2010. The schedule of all tree works shall not exceed that set out in the submitted Tree Works Schedule (ref: SWN 05A) unless otherwise approved in writing by the Local Planning Authority. No tree work shall commence until the applicant or his contractor has given at least seven days notice of the intended starting date to the Local Planning Authority. The authorised works should be completed within 2 years of the decision notice otherwise a new application for consent to carry out any tree work will be required.
Reason
To ensure the tree works are carried out in a manner which will maintain the health and appearance of the trees in the interests of the visual amenities of the area.
Informatives
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
It is recommended that any vegetation clearance (includes all ground level vegetation as well as standard trees and scrub) undertaken within the site is conducted outside of the breeding bird season (March – end August inclusive) or in accordance with checking surveys undertaken by appropriately qualified ecologists prior to and during the construction phase of the development.
03
It is recommended that the development is designed and built to Secured by Design standards (www.securedbydesign.com).
04
Access for appliances should be in accordance with Approved Document B, Volume 1, part B5, Section 13.
05
Where necessary water supplies should be in accordance with Approved Document B, Volume 1 part, B5 section 14.
06
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
07
In respect of condition 15 – A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term.
08
Any works carried out in the future once the dwellings are occupied in respect of permitted development, consideration will need to be given in respect of the need for additional protection of extensions or activities that could result in blockage of vent bricks from works associated with raising garden levels, creation of patios etc.
09
Consideration should be given to including some passive venting stacks within street furniture (street lamps, bollards etc) to provide an unrestricted pathway for ground gas to vent.
10
A detail design and stage 2 Road Safety Audit should be submitted to the Council’s Highways department and a S278 legal agreement entered into prior to the commencement on site.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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