Minutes

of the Meeting of the

Planning & Regulatory Committee

Wednesday, 8th June 2016

held at the Town Hall, Weston-super-Mare, Somerset.

 

Meeting Commenced:  2.30pm      Meeting Concluded: 3.16pm

 

Councillors:

 

P  Peter Crew (Chairman)

P  Jill Iles (Vice-Chairman)

 

A  Elfan Ap Rees 

P  Felicity Baker 

P  Jan Barber 

P   Karen Barclay (substitute for Reyna Knight )

P  Chris Blades 

P  Mary Blatchford 

P  Peter Bryant 

P  Peter Burden (substitute for Charles Cave) 

P  Mark Canniford 

A  Charles Cave 

P  Robert Cleland 

P  Andy Cole 

P  John Crockford-Hawley 

P  Bob Garner 

P  David Hitchins 

A  Reyna Knight 

P  Tom Leimdorfer 

P  John Ley-Morgan 

P  Richard Nightingale 

P  David Oyns (substitute for  Elfan Ap Rees)

P  David Pasley 

P  Dawn Payne 

P  Terry Porter 

P  David Shopland 

P  Richard Tucker 

P  Liz Wells 

 

 

P: Present

A: Apologies for absence submitted

 

Also in attendance: Councillor Donald Davies

 

Officers in attendance: Sue Buck (Corporate Services), Howard Davies (Development & Environment), Susan Munns (Development & Environment), Lucy Nicholson (Development & Environment), Heather Sanders (Corporate Services), Roger Willmot (Development & Environment)

 

PAR

17    

Public speaking at Planning Committees (Standing Order 17A)

Planning Application No. 15/P/1916/O

 

The applicant’s representative addressed the meeting speaking in support of an application for planning permission at land off Moor Lane, Backwell.

 

PAR

18    

Declaration of Disclosable Pecuniary of Interest (Agenda item 3)

 

None.

PAR

19    

Minutes of the Meeting held on 11 May 2016 (Agenda item 4)

 

            Resolved: that the minutes of the meeting be approved as a correct record.

 

PAR

20    

Planning Application No. 15/P/1916/O Outline application for the erection of up to 65 dwellings with associated car parking, landscaping. Open spaces and access.  All matters reserved except for access, at land at Moor Lane, Backwell (Agenda item 6)

 

            The Director of Development & Environment reported on an application for planning permission.

 

The representative of the Director of Development & Environment drew Members’ attention to the update sheet a copy of which is filed on the Minute Book and in particular to the receipt of comments from the Environment Agency and an update on bus services serving Backwell. 

 

The officers also responded to matters that had been raised at the recent site inspection regarding parking and access arrangements. The Committee was advised that in response to highway safety concerns Condition 23 would be amended to reflect school hours and that arising from comments from the Council’s Ecologist Conditions 19 and 20 would be replaced by three new conditions relating to ecological matters. Officers were also requested to note that members wish to ensure that prior to the submission of a reserved matters application there is discussion with the developer, to include the local member, over the preference for inclusion of some bungalow development and the inclusion of smaller dwellings within the mix of house types. Members also wished to ensure that trees on the site were protected as soon as possible and requested officers to undertake an inspection with a view to a possible Tree Preservation Order being proposed.

 

Resolved: that that subject to 1) advertisement of the application as a departure from the development plan 2) the completion of a legal agreement securing (a) 30% on-site affordable housing provision at nil public subsidy, with a tenure split of 82% social rent and 18% shared ownership; b) school place provision, c) Sustainable Transport, including improvements to local stops, bus taster tickets and travel packs and implementation of Framework Travel Plan(or if appropriate by condition) d) the cost of any survey work on parking issues at Moor Lane and the cost of Traffic Regulation Orders to address issues relating to on-street parking in Moor Lane, and for the creation of a yellow box junction at Moor Lane /Station Road e) Off-site public open space enhancements , f) Off-site new or enhanced community facilities, including local library facilities, g) Off-site sport/leisure provision h) Public Rights of Way i) Off-site public open space enhancements , j) off-site new or enhanced community facilities, including local library facilities k) Off-site sport/leisure provision 3) satisfactory resolution of any biodiversity issues raised by Natural England, including, if necessary an HRA and additional survey work  and 4) any flood prevention issues by the Environment Agency, the application be approved subject to the following conditions and any other additional or amended conditions as may be required in consultation with the Chairman and Vice-Chairman and local member:

 

 

1.       Prior to submission of any reserved matters, a Master Plan or framework of development document to establish the main principles of the layout and design principles shall be submitted to and approved by the Local Planning Authority.

2.       Before any work is commenced, details of the design and external appearance of the building(s), the landscaping of the site, the layout, and the scale (hereinafter called the reserved matters shall be submitted to and approved in writing by the Local Planning Authority.

3.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiry of three years from the date of this permission.

4.       The development hereby permitted shall, unless otherwise subsequently agreed by the Local Planning Authority in writing, be carried out in accordance with the supporting documents and approved plans referred to in the decision letter (to be listed).

5.       No development shall commence until a tree and hedgerow retention plan identifying all existing trees and hedgerows to be retained has been submitted to, and approved in writing by the Local Planning Authority.

6.       No development shall commence until a bird nesting and bat roosting strategy has been submitted to and approved in writing by the Local Planning Authority.  The submitted strategy shall include the specification and locations of proposed bird nesting places and bat roosting places. The development shall thereafter be carried out in full accordance with the approved details.

7.       No development shall commence until a full updated arboricultural report including a tree protection plan and relevant method statements for retaining and cutting through hedgerows, and providing root protection zones has been submitted to, and approved in writing by the Local Planning Authority.  The development shall thereafter be carried out in full accordance with the approved details.  For the duration of the development works existing trees and hedgerows which are to be retained shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge specified, in writing, by the Local Planning Authority. The Authority shall be informed at least seven days before works start on site so that barrier position can be established. Within the protection area there shall be no excavation, tipping or stacking, nor compaction of the ground by any means.  

8.         All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following occupation of the dwellings or completion of the development, whichever is the sooner.

9.         Trees, hedges and plants in any development phase shown in the landscaping scheme to be retained or planted, which during the development works or during a period of ten years following implementation of the landscaping scheme in that development parcel, which are removed without prior written approval from the Local Planning Authority or which die, become seriously diseased or damaged, shall be replaced in the first available planting season with other such species and size as are to be agreed with the Local Planning Authority.

10.       No site clearance, preparatory work or development shall take place until a schedule for arboricultural supervision of the installation and required adjustments of the protective fencing has been approved in writing by the tree officer. The scheduled inspections shall be carried out as described and approved, and a written report(s) submitted to the tree officer.  This tree condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous monitoring and compliance by the pre-appointed tree specialist during construction.

11.       The erection of fencing for the protection of any retained tree and hedge shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority. This tree condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous monitoring and compliance by the pre-appointed tree specialist during construction.

12.       Details of the external lighting, including temporary/construction and permanent lighting, shall be provided at the Reserved Matters stage to include:

(i)    details of the type and location of the proposed lighting;

(ii)   existing lux levels affecting the site;

(iii)  the proposed lux levels (which shall provide for maximum lighting levels of 0.5 lux in the retained bat foraging habitats); and

(iv)  lighting contour plans.

13.       The Street Lighting Design Plan (Insert reference: ) demonstrates that light spill can be contained within the development, and the scheme shall ensure that light levels do not exceed 0.5 lux (and ideally are maintained at below 0.04 lux) along the boundary hedgerows and habitats to permit continued foraging and commuting of bats across the landscape. Details for all external lighting shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  Thereafter any external lighting shall be installed and operated in accordance with the approved details and shall not be varied without agreement in writing from the LPA.

14.        As part of the Lighting Strategy mitigation, prior to the commencement of development details of the fencing to be provided around private rear gardens of the individual dwellings comprising close boarded back garden fences of sufficient height and standard to prevent light spill from the rear of individual houses onto boundary hedgerow must be submitted to, and approved in writing, by the Local Planning Authority.  Thereafter the development must be carried out in accordance with the approved plans.

15.        No development shall commence until a scheme for the soundproofing of the residential properties with facades facing the railway line has been submitted to and approved in writing by the Local Planning Authority.  All measures should achieve the levels in BS8233:2014 ‘Sound insulation and noise reduction for buildings – Code of Practice’.  The measures shall be implemented in strict accordance with the approved details prior to the occupation of the development and shall thereafter be retained as such. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions 1 to 3 have been complied with.

16.        Prior to the submission of any reserved matters, an investigation and risk assessment, in addition to any assessment provided with the planning application shall be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site.  The contents of the scheme are subject to the approval in writing of the Local Planning Authority.  The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced.  The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i)  a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

·         

human health,

·         

property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·         

adjoining land,

·         

groundwater and surface waters,

·         

ecological systems,

·         

archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’

Where the investigation and risk assessment recommends a scheme of mitigation, prior to commencement of development a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.  The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

17.         The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

18.         Prior to the commencement of development, a Construction Environmental Management Plan shall be submitted to and approved in writing by the LPA. The Construction Environmental Management Plan shall identify the steps and procedures that will be implemented to minimise the creation and impact of noise, vibration, dust and waste disposal resulting from the site preparation, groundwork and construction phases of the development and manage Heavy Goods Vehicle (HGV) access to the site. It shall include a detailed working method statement to avoid/minimise impacts on protected and notable species and important habitats. A plan showing measures for habitat protection and retention shall be provided, including protection and retention of at least 5m buffer zones between the boundary of development and the hedgerows. Once approved, the Construction Environmental Management Plan shall be adhered to at all times, with any amendments agreed in writing with the LPA before proceeding.

19.         Submission and approval of Construction Ecological Management Plan (to include provision of pre-commencement surveys for species that are dynamic in distribution (e.g. badger), an ecological clerk of works, vegetation clearance under ecological supervision; provision of appropriate fencing to protect retained habitats during construction; all mitigation provisions required for legally protected (and Section 41 species, if/ where relevant (e.g. hedgehog, common toad) to be carried out prior to and within the construction phase).

20.         Submission of Ecological Management Plan: site maintenance objectives and prescriptions to implement the site mitigation and ecological enhancement strategy.

21.         No works shall be commenced until sample panels of the external materials to be used for dwellings, boundary walls, roads, pavement and parking areas and any other related infrastructure to be constructed either on or off site.  These shall include, all brick, stone, colour of render, roofing materials to be used for the dwellings, surface materials to be used in the construction of the roads, pavements and parking areas, and brick, stone or other material to be used in boundary treatments.  The sample panel(s) shall be submitted to and approved, in writing, by the local planning authority. Construction shall be only in accordance with the approved sample panel in terms of colour of brick, mortar mix, jointing and means of laying. The development shall be carried out in the approved materials unless otherwise agreed in writing by the Local Planning Authority.

22.         The Master Plan or framework of development document referred to in condition 1 shall accurately show the location of retained bat habitats, trees and hedgerows and buffer areas sufficient to act as bat foraging habitat along the northern and western boundaries of the site.

23.         All HGV movements associated with the delivery and collection of machinery, equipment and materials to the site during the construction phase shall take place outside of highway network peak hours (08:00-09:00 hours and 15:00-16:00 and 17:00-18:00 hours) and shall be routed via the approved Construction Traffic Routing Plan as set out in the Construction Traffic Management Plan.  The development must be carried out in accordance with the Construction Traffic Routing Plan unless otherwise agreed, in writing, by the Local Planning Authority.

24.         The dwellings hereby approved shall not be occupied until measures to generate 15% of the on-going energy requirements of the use (unless a different standard is agreed) through micro renewable or low-carbon technologies have been installed and are fully operational in accordance with the approved details that have been first submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved technologies shall be permanently retained unless otherwise first agreed in writing by the Local Planning Authority.

25.         The dwellings hereby approved shall not be occupied until the space and facilities provided on site for the storage and collection of waste have been constructed and implemented in accordance with the approved plans.  Thereafter the approved space and facilities for the storage and collection of waste shall be permanently retained unless otherwise agreed in writing with the local planning authority.

          26.         No more than 65 dwellings shall, be erected on the application site.

          27.         No development shall take place on the site until a detailed site development project plan setting out key milestones in the development, including site preparation, plot commencements, installation of street lights, submission of drawings for approval in principle to structures and open spaces and play equipment, and land drainage consents, and relates them to proposed dates for adoptions of each element has been submitted to and approved by the Local Planning Authority. The development shall proceed in accordance with this timetable unless any variations have first been submitted to and approved in writing by the Local Planning Authority.

28.         The development hereby permitted shall not commence until details of the design, implementation, maintenance and management of the sustainable drainage scheme, which gives both source and site control has been submitted to the LPA and approved in writing by the LPA. Those details shall include:

a) Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance ( 4 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

b) Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

c) Flood water exceedance routes, both on and off site;

d) A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents’ Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development.

29.       No works shall be commenced until sample panels of the external building materials to be used in the construction of dwellings and surface materials to be used in the construction of the roads, pavements and parking areas, have been submitted to and approved, in writing, by the local planning authority. Construction shall be only in accordance with the approved materials unless otherwise agreed in writing by the Local Planning Authority.

30.       The drainage system hereby approved shall not be constructed until the pre-construction requirements set out below have either been; submitted to and accepted by the LPA, or adhered to as stipulated within the requirement.

The method statement shall include: Schedule of works; details of construction of all SuDS components; management of any temporary works that will affect the approved system; and mitigation for;

- pollution/sediment loading,

- potential damage to SuDS during construction,

- flooding and damage up or down stream.

- increase discharge to downstream systems

31.       The drainage system must be maintained by the developer prior to the adoption by an approved body to ensure it functions as designed. The maintenance requirements set out below must have either been; submitted to and accepted by the LPA, or adhered to as stipulated within the requirement prior to handing over to the approved body.

·          a 12 month functioning period where the developer is responsible during this period

·          Rectifying any defects prior to handover that occur, until such time as the drainage system is passed to the maintaining organisation.

·          The developer to supply copies of electrical and other test certificates, where appropriate, and the operation and maintenance manuals for the all components of the drainage system.

32.       No development should proceed until the surface water drainage proposals, including any off-site works and arrangements for any proposed phasing, have been agreed with the Local Planning Authority (LPA) in conjunction with the North Somerset Levels Internal Drainage Board (NSLIDB) and your Council’s technical services staff.

33.       No development should proceed until an operational and maintenance manual has been to be submitted to and agreed by the LPA in consultation with the NSLIDB and your Council’s technical services staff.

34.       The dwellings hereby approved shall not be occupied until the space and facilities provided on site for the storage and collection of waste have been constructed and implemented in accordance with the approved plans. Thereafter the approved space and facilities for the storage and collection of waste shall be permanently retained unless otherwise agreed in writing with the local planning authority.

35.       No development shall take place within the site until a programme of archaeological work in accordance with a written scheme of investigation has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme of investigation.

Summary of advice notes to be included on the decision notice

Advice notes are not conditions but are a means of making a statement to the applicant or drawing attention to the requirements of other legislation.

1

The applicant/developer is advised that the site lies within the North Somerset Levels IDB Area IDB who have Byelaws which they require a 9 metre corridor free of all development (including roads, street furniture and vegetation to maintain an access for maintenance) to all rhynes in the area.

The applicant/developer will also need to agree peak flows and volumes with the IDB if the discharge point is to the rhyne network.

2

The applicant/developer is advised that both NSC and the IDB have a policy of no culverting of rhynes apart from access points, as stated in the North Somerset LFRMS. 

3

The applicant/developer is advised that there must be no tree planting within 6 metres of the live sewers, no level changes without agreement with Wessex Water and no building within 3 metres of the sewers up to 375mm diameter and 4 metres for the 525mm diameter sewer

4

The applicant/developer is advised that Land Drainage Consent will need to be applied for on any works within 9.0 metres of the top of bank of any watercourse or connection to any watercourse under the Board’s control. These details will need to be agreed and consented by the North Somerset Levels Internal Drainage Board.  As part of the land drainage consent application for any works required to existing drainage infrastructure or for any off-site requirements to enable the scheme, the NSLIDB may seek to recover its costs over and above the normal Consent application fees, including engineers time and expenses.

 

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21    

Planning Appeals (Agenda item 7)

 

The Director of Development & Environment reported on appeal decisions and appeals that had been lodged since the last meeting.

 

Resolved: that the report be noted

 

 

 

                                                                                    ________________________________

                                                                                                                Chairman

                                                                                    ________________________________