Site for proposed residential development of up to 50 houses.

The application was approved in accordance with the Case Officer’s recommendation, as amended.

(Site for proposed residential development of up to 50 houses.)

 

The Principal Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

 

In accordance with the Council’s Constitution, the local ward member, Councillor MN Mansell spoke on the application.

 

He made the following principal comments:

 

·        The application needed to be considered in the context of plans for the development of over 1500 homes in the area.  There was already pressure on school and other infrastructure.  Development on the scale proposed risked choking the north of the City and creating air pollution problems replicating conditions similar to those in the south of the City.

·        Bovingdon Park was a quiet, peaceful residential location.

·        There were not sustainable transport links.  The bus service was too infrequent to encourage people not to use their cars.  This would lead to increased car traffic at a dangerous junction.

·        The provision of affordable housing was welcome but he questioned whether the properties would truly be affordable for those on the average local wage.

·        There was concern about the drainage proposals and the risk of flooding.

In the Committee’s discussion of the application the following principal points were made:

·        The site was suitable for development and the proposal was in accordance with policy.

·        The access was the principal concern given the number of houses proposed and the increased traffic that would be generated.

·        It was requested that consideration should be given to a 40mph speed limit some 400m to the west of the entrance.

·        It was also suggested that a right hand turn lane should be provided for traffic.

·        The development, including any extension of speed limits, needed to be considered within the context of the strategic development of the area as a whole. 

·        It was asked whether the application was premature given the proposed strategic development.

·        Consideration needed to be given to the timeframe for the strategic development, noting that the Three Elms development would be delivered in advance of the introduction of the Community Infrastructure Levy posing questions about infrastructure provision.

·        A specific issue had been identified on the site visit with a bus turning within the entrance to Bovingdon Park.  It was noted that the Transportation Manager would seek clarification from the public transport team.

·        The Conservation Manager (Landscape), mindful that the site was adjacent to the planned urban extension, had identified the importance of landscaping, “taking into account any adjacent development providing seamless links and connectivity across the site and beyond its boundaries.”

·        Concern was expressed about ensuring the long term management of the public open space.  It was also suggested consideration should be given to the provision of outdoor gym equipment.

·        The drainage proposals needed to be carefully assessed to ensure infiltration would be satisfactory.  The Land Drainage Manager in his response had identified concerns about the geology’s ability to support infiltration measures.

·        A concern was expressed that the S106 contributions would not meet the cost of the cumulative effect of the extensive development planned for the area.

·        Practical alternatives needed to be provided to encourage people not to use their cars.

·        The development should be constructed to high standards including energy efficiency measures to set a benchmark for the larger development that would follow.

The Lead Development Manager commented that:

·        the heads of terms would provide for the public open space to be managed by a management company;

·        a ruling of the Secretary of State in a recent case precluded the application being held back for consideration alongside the other significant development proposals in the area; and

·        contributions would be sought from developers to meet the need for any additional school places that it was evidenced were required.

The local ward member was given the opportunity to close the debate.  He supported the need for consideration to be given to the access and the extension and enforcement of lower speed limits.  He remained of the view that the application needed to be considered in the context of the other proposals for development in the area and that sustainable transport measures were required.

 

RESOLVED: That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the Heads of Terms stated in the report, officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary:

 

1.         A02 Time limit for commencement (full permission)

           

2.         A03 Time limit for commencement (outline permission)

 

3.         A04 Approval of reserved matters

 

4.         H06 Vehicular access construction

 

5.         H17 Junction improvement/off site works

 

6.         H21 Wheel washing

 

7.         H27 Parking for site operatives

 

8.         H30 Travel Plans

 

9.         E01 Site investigation – archaeology

 

10.       G04 Protection of trees/hedgerows that are to be retained

 

11.       G09 Details of boundary treatments

 

12.       Landscaping scheme

 

13.       No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

 

14.       The recommendations for ecological enhancement set out in Section 5 of the ecologist’s report from Ecology Services dated February 2015 should be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, a habitat protection and enhancement scheme integrated with the landscape scheme should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.

 

15.       H29 Secure covered cycle parking provision

 

16.       I51 Details of slab levels

 

17.       I16 Restriction of hours during construction

 

18.       I01 Scheme of noise attenuating measures

 

19.       No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

 

a)    a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice

 

b)  if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors

 

c)     if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing.  The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified.  Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

 

            Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment.

 

20.       The Remediation Scheme, as approved pursuant to condition no. (1) above, shall be fully implemented before the development is first occupied.  On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

 

            Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment.

 

21.       If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

 

            Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment.

 

INFORMATIVES:

 

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations.  Negotiations in respect of matters of concern with the application have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out in the National Planning Policy Framework.

 

2.         HN01 Mud on highway

 

3.         HN02 Public rights of way

 

4.         HN04 Private apparatus within highway

 

5.         HN05 Works within the highway

 

6.         HN07 Section 278 Agreement

 

7.         HN10 No drainage to discharge to highway

 

8.         HN25 Travel Plans

 

9.         N02 Section 106 obligation