Minutes

of the Meeting of the

Planning & Regulatory Committee

Wednesday, 8th February 2017

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

 

Meeting Commenced:  2.30pm      Meeting Concluded: 4.40pm

 

Councillors:

 

P  Peter Crew (Chairman)

P  Jill Iles (Vice-Chairman)

 

P  Elfan Ap Rees 

P  Felicity Baker 

P  Jan Barber 

P  Chris Blades 

P  Mary Blatchford 

P  Peter Burden (substitute for Liz Wells)

P  Peter Bryant 

P  Mark Canniford 

P  Charles Cave 

P  Robert Cleland 

P  Andy Cole 

A  John Crockford-Hawley 

P  Bob Garner 

P  Ann Harley (substitute for Richard Nightingale)

P  David Hitchins 

P  Reyna Knight 

P  Tom Leimdorfer 

P  John Ley-Morgan 

A  Richard Nightingale 

P  David Oyns (substitute for David Pasley)

A  David Pasley 

P  Dawn Payne 

P  Terry Porter 

P  David Shopland 

P   James Tonkin (substitute for John Crockford-Hawley)

P  Richard Tucker 

A  Liz Wells  

 

 

 

P: Present

A: Apologies for absence submitted

 

Also in attendance: Councillors Ruth Jacobs, Kate Stowey

 

Officers in attendance: Sue Buck (Corporate Services), Mike Jones (Corporate Services), Richard Kent (Development & Environment), Jackie Lower (Development & Environment), Susan Munns (Development & Environment), Lucy Nicholson (Development & Environment), Natalie Richards (Development & Environment), Heather Sanders (Corporate Services), Andrew Stevenson (Development & Environment), Roger Willmot (Development & Environment)

 

PAR

110          

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 15/P/2828/O

 

Local resident Susan Hibberd addressed the Committee speaking in opposition to an application for planning permission at land off Wrington Lane, Congresbury.

 

PAR

111          

Public speaking at planning committees (Standing Order 17A)

Planning Application No. 16/P/1521/O

 

Local resident Peter Walton addressed the Committee speaking in opposition to an application for planning permission at land off Wrington Lane, Congresbury.

 

PAR

112          

Public speaking at planning committees (Standing Order 17A)

Planning Application Nos. 15/P/2828/O & 16/P/1521/O

 

On behalf of the applicant Diana Richardson addressed the Committee speaking in support of applications for planning permission at land off Wrington Lane, Congresbury.

 

PAR

113          

Public Participation (Standing Order 17)

Community Governance Review

 

On behalf of Portishead Town Council Jean Lord addressed the Committee speaking in support of an application to review the existing electoral arrangements. Referring to the huge population growth enjoyed by the town in recent years Mrs Lord told Members that the current allocation, as determined by the District Council and the Local Government Boundary Commission, provided an inequity of representation and an inequality of votes.  Commenting on the ratio of councillors to residents Mrs Lord told the Committee that the Town Council was now petitioning to correct this, proposing that the council comprise 18 members, with all parish council wards being co-terminus with the District Council Ward boundaries.

 

PAR

114          

Declaration of disclosable pecuniary interest (Standing Order 37)

 

None.

 

PAR

115          

Minutes of the Meeting held on 11 January 2017 (Agenda item 4)

 

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

 

PAR

116          

Planning Application No. 15/P/2828/O Outline application for the erection of up to 50 residential dwellings (Including up to 30% affordable housing), structural planting and landscaping, informal public open space, surface water attenuation, vehicular access point from Wrington Lane and associated ancillary works. All matters reserved with the exception of the main site access point at land off Wrington Lane, Congresbury (Agenda item 6)

 

            The Director of Development and Environment reported on an appeal against non-determination. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to clarification of the officers’ recommendation.

 

            A motion indicating that the application would have been approved was seconded and debated and six Members of the Committee signified their support for a named vote.  The voting was as follows:

 

            For the Motion (12)

            Elfan Ap Rees, Felicity Baker, Chris Blades, Peter Bryant, Peter Burden, Peter Crew, Bob Garner, Jill Iles, David Hitchins, David Oyns, Dawn Payne, Terry Porter

 

            Against the Motion (8)

            Mary Blatchford, Mark Canniford, Andy Cole, Tom Leimdorfer, John Ley-Morgan, David Shopland, James Tonkin, Richard Tucker

 

            Abstentions (5)

            Jan Barber, Charles Cave, Robert Cleland, Ann Harley, Reyna Knight

           

            The Motion having been carried it was,

 

Resolved:

 

1)      that the application would have been approved subject to the completion of a satisfactory legal agreement and subject to the conditions set out in the report on the duplicate application (16/P/1521/O) submitted on this site; and 

 

2)      that the Council’s case at appeal proceed on this basis.

 

PAR

117          

Planning Application No. 16/P/1521/O Outline application for the erection of up to 50 residential dwellings (Including up to 30% affordable housing), structural planting and landscaping, informal public open space, surface water attenuation, vehicular access point from Wrington Lane and associated ancillary works. All matters reserved with the exception of the main site access point at land off Wrington Lane, Congresbury (Agenda item 7)

 

The Director of Development and Environment reported on an application for planning permission. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to the receipt of additional third party comments and to additional information and plans submitted by the applicant that required amendments to the proposed conditions.

 

Members considered that the full 30% affordable housing provision should be sought and that the financial contribution to increase existing sports and leisure facilities would also apply to any proposed facilities.

 

Resolved: that subject to the completion of a legal agreement securing (a) the provision of 30% on-site affordable housing (b) financial contributions towards education provision (c) the provision of a LEAP, on site informal open space with accompanying commuted sum, (d) financial contributions to increase existing or emerging built and emerging sports and leisure facilities, (e) provision for the adoption and maintenance of any flood, drainage and highways infrastructure, (f) financial contribution towards travel packs, (g) securing of an appropriate maintenance and management regime to support ecology, that 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:

 

1.      

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

2.

The development hereby permitted shall be begun either before the expiry of  three years from the date of this permission, or before the expiry of two years from the date of approval of the last of the reserved matters to approved, whichever is the later.

3.

Approval of the details of the design and external appearance of the building(s), the landscaping of the site, and the layout, (hereinafter called the reserved matters shall be submitted to and approved in writing by the Local Planning Authority.

4

No more than 50 dwellings shall, be erected on the application site and the development shall be restricted to the area shown on the Development Framework Plan 6587-L-02H.

5

Prior to the commencement of development a scheme outlining the phasing of development, including a site layout plan identifying land uses such as formal and informal open space and infrastructure, shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved phasing scheme

6

The means of access to the site shall be constructed in accordance with the approved Proposed Site Access Arrangement Plan 1465/01C, unless otherwise agreed in writing by the Local Planning Authority.

7

No development of any residential unit on the application site shall take place until the Wrington Lane improvement scheme shown on drawing 1465/10B comprising the construction of a continuous footway, priority road markings and associated carriageway works on Wrington Lane has been constructed in full accordance with the approved drawing 1465/10B.

8

No dwelling shall be occupied until the relevant number of parking spaces for each respective dwelling, which shall be compliant with the North Somerset Parking Standards 2013, have been constructed in accordance with the approved plans.

9

No development of any residential unit on the application site shall take place if a revised/amended Wrington Lane improvement scheme to that shown on drawing 1465/10B is received until that revised/amended drawing is first submitted to, and approved in writing, by the Local Planning Authority, and after such approval, has been constructed in full accordance with the approved revised/amended drawing.

10

Prior to the commencement of development, a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority and shall include details of deliveries (including storage arrangements and timings), contractor parking, and traffic management.  The construction phase of the development shall thereafter be carried out in accordance with the approved details.

11

No dwelling shall be occupied until a travel plan based on the Framework Travel Plan has been submitted to and approved in writing by the Local Planning Authority.  The travel plan shall include the objectives, targets, mechanisms and measures to achieve the targets, implementation timescales, provision for monitoring, and arrangements for a travel plan coordinator, who shall be in place until 5 years after the completion of the final phase of development.  The approved plan shall be audited and updated and submitted for the approval of the Local Planning Authority at intervals no longer than 18 months.  The measures contained within the approved plan and any approved modification shall be carried out in full.

12

The reserved matters application for landscaping shall be accompanied by a detailed Landscape Masterplan and Strategy to demonstrate that the landscaping proposals have taken account of and been informed by the existing landscape characteristics of the site and by any loss of existing vegetation on the site.

13

All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following completion of the dwellings.

14

Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of ten years following full implementation of the landscaping scheme, are removed without prior written consent from the Local Planning Authority or die, become seriously diseased or are damaged, shall be replaced in the first available planting season with others of such species and size as the Authority may specify in accordance with DM9 and DM10 of the Sites and Policies Plan Part 1 Publication Version 2015

15

Prior to the commencement of development, details of the design, implementation, maintenance and management of the foul and surface water drainage scheme shall be submitted to, and approved in writing by the Local Planning Authority. Those details shall include:

a.      Evidence of agreement on the point of surface water discharge.

b.      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 to all structures (4 metres minimum), the detailed methods employed to delay and control surface water on site or passing through the site and discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and surface waters;

c.      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);

d.      Flood water exceedance routes, both on and off site;

e.      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.

The development shall be carried out in accordance with the approved details.

16

The drainage system required by condition 15 shall not be constructed until the pre-construction requirements set out below have either been; submitted to and accepted by the Local Planning Authority, or adhered to as stipulated within the requirement.

The method statement shall include:

Schedule of works;

·        details of construction of all SuDS components;

·        cross sections of the attenuation pond construction, side slopes should be designed to allow for safe maintenance by machine;

·        management of any temporary works that will affect the approved system and mitigation for:

o       pollution/sediment loading,

o       potential damage to SuDS during construction,

o       flooding and damage up or down stream.

o       increase discharge to downstream systems

17

The drainage system should be designed to ensure that the site access remains flood free up to the 1 in 30 year return period with an allowance for climate change.

18

No dwelling shall be occupied until a scheme to show an interception and reduction of the flood flows along Wrington Lane at the site entrance, along with details and timescales for implementation, have been submitted to, and approved in writing by the Local Planning Authority.

19

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

        i.            Details of the type and location of the proposed lighting;

      ii.            Existing lix levels affecting the site

    iii.            The predicted lux levels; and

    iv.            Lighting contour plans

This scheme shall ensure that light levels do not exceed 1 lux on features important to bats – foraging habitat and flight lines, in particular the northeast and eastern boundary hedgerows and areas of open space.  Details shall be submitted to, and approved in writing, by the Local Planning Authority.  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 Local Planning Authority.

20

Prior to the commencement of development, a Landscape Ecological Management Plan shall be submitted to, and approved in writing, by the Local Planning Authority.  The plan shall cover a ten year period and include measures for establishment, enhancement and management of habitats within the site, including planting schedules and details of ongoing management.  This shall include a timetable for management activities as well as a monitoring schedule for habitats and species, including bat monitoring post completion.

The LEMP must also detail the measures for the protection and enhancement of biodiversity, including those specifically for the benefit of European Protected Species, within the site, including a cattle grazing management scheme for the ecological corridor.

21

Prior to the commencement of development, a Construction Environmental Management Plan shall be submitted to, and approved in writing, by the Local Planning Authority. This shall include mitigation measures required to protect legally protected species and their retained habitats from injury or damage and include information for construction workforce; timings of site clearance; details of appropriate fencing for buffer areas to protect retained on site habitats; overnight ramps placed within open trenches and daily checks of excavations for trapped wildlife; pre-commencement surveys for species that are dynamic in distribution (e.g. badger); a walk over check by ecologist immediately prior to vegetation and other site clearance activities.  The approved plan shall be implemented and adhered to during the vegetation clearance and construction phases.

22

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.

23

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.  

24

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. 

25

No development shall take place until an archaeological Written Scheme of Investigation (WSI) has been submitted to, and approved by, the local planning authority in writing. For land that is included within the WSI, no development shall take place other than in accordance with the agreed WSI, which shall include the statement of significance and research objectives, and:

·        The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works

·        The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the WSI.

26

No development shall take place until a cross section plan showing the finished floor levels, eaves and ridge heights of the proposed dwellings within the site where these are adjacent to existing properties between numbers 1 and 10 Cobthorn Way, and where these are adjacent to Cobthorn Farm, have been submitted to, and approved in writing by the Local Planning Authority. 

27

No development shall take place, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period.  The Statement shall provide for:

                                i.            the parking of vehicles of site operatives and visitors

                              ii.            loading and unloading of plant and materials

                            iii.            storage of plant and materials used in constructing the development

                            iv.            the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

                              v.            wheel washing facilities

                            vi.            measures to control the emission of dust and dirt during construction

                          vii.            a scheme for recycling/disposing of waste resulting from demolition and construction works

                        viii.            measures to control noise from works on the site.

28

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.

29

No development shall commence until details of the proposed boundary treatment along the frontage with Wrington Lane to include cross section plans and proposed height and material of any built boundary treatment, have been submitted to, and approved in writing, by the Local Planning Authority.  Thereafter, the development shall be carried out in accordance with the approved plans.

30

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.

31

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.

32

The development hereby permitted shall, unless otherwise subsequently agreed by the Local Planning Authority in writing, be carried out in accordance supporting documents and approved plans to be set out in the decision notice.

 

(Councillor Leimdorfer voted against the motion and asked that this be recorded)

 

PAR

118          

Planning Application No. 16/P/0330/F2 Construction of 2.2KM long single-carriageway road from A370 Somerset Avenue to A371 at Locking Moor Road (called the ‘North South Spine Road’ including 3 bridges, 2 culverts and associated infrastructure and landscaping within ‘Parklands Village’, Weston-super-Mare (Agenda item 8)

 

The Director of Development and Environment reported on an application for planning permission. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to the completion of the Habitat Regulations Assessment screening process. 

 

Resolved: that subject to the completion of the further archaeological investigations the application be approved subject to the following conditions and any additional or varied conditions necessary in consultation with the Chairman and Vice-Chairman:

                       

1.           

The development hereby permitted shall be begun before the expiry of five years from the date of this permission.

2.           

The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice (refer to Advice Notes), unless otherwise approved in writing by the Local Planning Authority.

3.           

No development shall take place excluding site preparation until the following details have first been submitted to and approved in writing by the Local Planning Authority:

          i)          An assessment of the impact of the development on water levels in the local rhyne network and details of all works / measures to be carried out including those during the construction phase, together with a timetable of the works, which demonstrate how the development will prevent any increase in flood risk;

         ii)         A phased work programme for the delivery of the surface water drainage system, which includes details of all new rhynes or alterations to existing rhynes including the removal of rhynes.

        iii)        Details of the bridge/culvert design and construction phasing including details of temporary works, together with the access arrangements for the future maintenance of each structure. The culverts shall be sized to comply with the ‘Weston Villages Strategic Flood Solution: Developer Structure Sizing Guidance.

        iv)        Details of the access arrangements including the width, levels and gradients of access paths for the purposes of maintaining rhynes within the site.

         v)         Impermeable area analysis for each phase of the works which demonstrates that the site does not exceed the allowance set out in the ‘Weston Villages Strategic Flood Solution Assessment of impact of developments’. 

The development shall be carried out in accordance with the approved details.

4.           

Prior to the completion of the approved scheme a full operation and maintenance strategy for the proposed surface water system shall be submitted to and approved in writing by the LPA

5.

No development shall take place, excluding site preparation or demolition, until a Construction Environmental Management Plan (CEMP) has been submitted to, and approved in writing by, the local planning authority. The Statement shall provide the following:

          i)          Details of construction hours and how the hours of delivery/export of materials/equipment and other goods and particularly those involving HGV's will be managed to (1) avoid conflict with peak periods of vehicle activity on local approach roads and Junction 21 of the M5 Motorway and (2) reduce potential conflict with pedestrian movement.  This shall include the proposed route(s) to and from the site including temporary site access.

         ii)         The access route to and from the site for construction traffic and particularly for HGV's

        iii)        Mitigation measures to rectify any potential capacity impact, damage to structures or highway.

        iv)        Details of the location and design of the construction access including visibility splays

         v)         Details of wheel washing facilities or other measures to prevent or clear mud or debris from the highway

        vi)        Details of how pedestrian and cyclist safety will be maintained within site and where crossing the A371 during construction

       vii)       Provision for construction staff car parking, times of site operation, waiting/parking areas for HGVs and safety measures such as banksman.  It is not acceptable for construction staff to park vehicles on-street on the surrounding local highway network.

      viii)      Measures to control the emission of vibration, dust and dirt during construction including details of how this will be mitigated to protect the pollution from entering local watercourses.

        ix)        A scheme for recycling/disposing of waste resulting from demolition

         x)         Details of measures to ensure the Grumblepill Rhyne and any other aquatic habitats on or adjacent to the development site are not adversely affected during construction (to include no light spill to dark corridor during the construction phase);

        xi)        Details of measures to protect wildlife habitats, protected species and Section 41 species during construction. 

The approved plan shall be implemented and adhered to thereafter at all time during construction.

6.

No development shall commence, excluding demolition and site preparation works which do not involve excavation below existing ground levels, until an arboricultural report and phased work programme for the protection of trees to be retained has been submitted to and approved in writing by the Local Planning Authority. This will include a tree removal plan, a plan identifying which trees are to be retained and a method statement including tree protection plan demonstrating how works within and near root protection areas of trees to be retained will be carried out to minimise any impacts on these trees. Tree protection measures shall be retained for the duration of the construction phase and no excavation, tipping, burning, storing of materials or any other activity takes place within this protective zone.

The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

7.

Within 3 months of the commencement of development, or a later date to be firstly agreed in writing by the Local Planning Authority, a detailed hard and soft landscaping scheme shall submitted to the Local Planning Authority.  This shall include the following:

          i)          Details of all trees to be retained as required under the previous condition;

         ii)         Details of all new hard and soft landscaping, including the size, position, species, stock and spacing of all new trees and other planting and the cultivation and other operations associated with plant and grass establishment.  The number of replacement trees will be calculated using the following formula: 1 new tree of size 10-12cm circumference per 100mm trunk diameter of the damaged or dead tree. The positions of new and retained trees shall be shown in relation to all proposed services above and below ground, parking area and visibility splays.  Details of tree pit design, a phasing plan / timetable for the planting of new trees and a 10-year maintenance schedule for the new approved trees once planted shall also be provided. 

        iii)        Details of any street furniture such as raised planters, trees protection grills, retaining structures, seating, railings, bollards, information boards and refuse bins

        iv)        Samples of all proposed surfacing materials including the colour and textures for roads, parking spaces, footpaths and cycle paths and kerb stones.

         v)         A phasing plan and timetable for the implementation of the landscaping works.

The development and maintenance shall be carried out in accordance with the approved details.

8.

Any planting (retained or new) that is damaged, or dies during development, or for a period up to 10 years thereafter shall be replaced with identical species or other species as approved by the Local Planning Authority.

9.

The westward extension of the footpath / cycleway on the south side of Locking Moor Road ((A371) shall be completed in accordance with the details in Drawing Number 467470 112 before the pedestrian crossing of Locking Moor Road is brought in to use.

10.

No development excluding demolition and site clearance works shall commence until details of the development construction access at the site, including details of visibility splays and measures to protect vehicle and pedestrian safety have been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented in accordance with the approved temporary construction access.

11.

In the event that the pedestrian footbridge across Locking Moor Road is removed before the new pedestrian crossing is brought in to operation, details of a temporary pedestrian crossing of Locking Moor Road shall be submitted to and approved in writing by the Local Planning Authority.  This shall include details of its location and the type of crossing together with details of any safety measures and alterations to footpaths either side of the temporary crossing point.  The approved temporary crossing shall be installed before the footbridge is removed and it shall remain in working order until such time that the new permanent pedestrian crossing is brought into use.

12.

Details to be submitted in respect of condition 5 (The CEMP) shall also include the following:

          i)          a pre-commencement badger survey and walk over check by an ecological consultant;

         ii)         a detailed method statements for key species and habitats to demonstrate how the development will be carried out in terms of the method of works; siting and installation of services such as drainage; sensitive storage locations for materials and soils; measures for disposal of waste; prevention of pollution measures to protect surface waters and ground waters: to avoid harm and mitigate harm to legally protected and Section 41 species and wild mammals; 

        iii)        specification of buffers and fencing for the protection of ecological features and trees;

        iv)        the appointment of an Ecological Clerk of Works with overall responsibility for the successful implementation of the CEMP, to advise project management staff and contractors on ecological issues and to ensure mitigation measures are implemented correctly.   

Works shall be implemented in strict accordance with the approved methodology.    

13.

The development shall be carried out in accordance with the mitigation and enhancement measures outlined in Section 10.7: ‘Design, mitigation and enhancement measures’ of the ‘Ecology and Nature Conservation Chapter 10’ and Appendices 10.1 – 10.11 of the submitted ‘Ecological Impact Assessment’.   If amendments are proposed, details of the changes shall be submitted to and approved in writing by the Local Planning Authority before relevant works proceed.

14.

Details to be submitted for condition 7 shall comprise species and habitat mitigation planting and habitat creation and enhancement measures outlined in Section 10.7 of the submitted Ecological Impact Assessment

15.

No development, excluding demolition and site preparation, shall commence until a Landscape Ecological Management Plan (LEMP) for the application site has been submitted to and approved in writing by the Local Planning Authority.  The LEMP shall secure the long term safeguarding and management of on-site retained and created habitats.  The LEMP shall detail the management objectives for the habitats being retained and created; and include specifications for:

·        The ongoing management of existing habitats;

·        Provision for checks of rhynes and removal of rubbish;

·        Checks and maintenance of culvert structures;

·        A site interpretation board describing the habitats and the required management;

·        Any requirements for ecological monitoring;

·        Likely costs associated with the ongoing management requirements

The ongoing landscape and habitat management shall be carried out in accordance with the approved details.

16.

No rhyne crossing points shall be constructed until the following further details have been submitted to and approved in writing by the Local Planning Authority:

          i)          Details of foundations and materials;

         ii)         Confirmation that the design and size of the box culverts allow for the continued passage of wildlife;

        iii)        Details of retaining walls,

        iv)        Details of the ongoing maintenance requirement

The approved design specifications shall be implemented and maintained in accordance with the submitted details.

17.

No street lighting shall be installed within 10 metres of any rhynes or wildlife sites within the application site until existing and proposed lux levels within these areas including lighting contour plans have been submitted to and approved in writing by the Local Planning Authority. Street lighting shall be installed in accordance with the approved details and maintained and replaced not to exceed the approved lighting levels thereafter.

18.

No development, excluding demolition and site preparation, shall commence until a plan with details of the specification and location of new bird nesting and bat roosting measures (retained and new) together with a timetable for their implementation, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full accordance with the approved details.

Advice Notes:

1. 

List of Approved Documents set out in the decision notice.

2.

Adoption and maintenance of the culverts and headwalls will not be undertaken by North Somerset Levels Internal Drainage Board and this would be expected to be the responsibility of the Highways Authority.

3.

Land Drainage consent will be required for any works within 9 metres of the top of the bank of any watercourse and this applies to temporary or permanent works.

4.

The applicant will be aware that this development includes highway that may be offered for adoption as public highways. The developer’s attention is drawn to the need for a S38 agreement under the Highway Act 1980 and that no works of construction of the affected roads should be carried out prior to the agreement being in place. Failure to have the agreement in place prior to the commencement of works may prejudice the adoption or result in additional expense in relation to the confirmation of the construction details of the works.

5.

The siting of Bus Stops on the NSSR should avoid conflict with visibility splays at road junctions, tree planting and car parking spaces.

6.

Bats are protected under the Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). This includes bats and places used as bats roosts, whether bats are present at the time or not. If live bats or evidence of bats is unexpectedly found during the course of works, all works must cease and Natural England must be contacted immediately (0300 060 3900).

7

External lighting must comprise no or low UV output and be designed to avoid areas likely to supporting roosting, foraging or commuting bats;  where horseshoes are using the site, wherever feasible  aiming for light levels below 0.5lux and ideally in the order of 0.04 lux for important flight lines. 

8.

All birds are protected by the Wildlife and Countryside Act 1981 (as amended). This protection also covers their nests and eggs. To avoid breaking the law, do not carry out work on trees, hedgerows or buildings where birds are nesting.   If birds are nesting, the nest must be protected from disturbance until the young are fully fledged.  The nesting season for most bird species is between March and September.

9.

All reptile species are protected under the Wildlife and Countryside Act 1981 (as amended). It is a criminal offence to intentionally kill or injure a reptile. If reptiles are unexpectedly found during the course of works, all works must cease and a suitably qualified ecologist contacted for advice.

10.

The selection of locally appropriate native species may be informed by reference to ‘Flora of the Bristol Region’ (BRERC (2000).  Where priority habitats are being restored or created.

 

PAR

119          

Planning Application No. 16/P/2744/OT2 Outline application with Environmental Statement with all matters reserved for subsequent approval for a residential development of up to 250 dwellings and associated infrastructure on land south of Wolvershill Road, Banwell (Agenda item 9)

 

The Director of Development and Environment reported on an application for planning permission The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to the completion of the Habitat Regulations Assessment that required additional conditions.

 

Resolved: that subject to the completion of a legal agreement securing, but not necessarily limited to the following:  (a) Affordable Housing; (b) Healthcare Contributions;  (c)  Community Interest Company contributions, (d) Community Capacity fund contributions, (e) Built sport, leisure facilities and playing pitches, (f) education contributions, (g) Transportation including public transport and off-site highway works services; (h) Library Services: the application be approved subject to the following conditions together with any additional or amended conditions as may be required in consultation with the Chairman and Vice Chairman:

 

1

The development hereby permitted shall be begun before the expiration of ten years from the date of this approval.

2

The first application for the approval of Reserved Matters shall be submitted to the Local Planning Authority within three years from the date of this permission.  All subsequent Reserved Matters shall be submitted to the Local Planning Authority no later than ten years from the date of this permission.

3

Approval of the details for each phase of the development including the layout, scale, appearance of the development, the means of access within the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development comprised within that phase is commenced. The development shall be carried out in accordance with these approved details unless otherwise agreed in writing by the Local Planning Authority.

4

The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice unless otherwise approved in writing by the Local Planning Authority.

5

Prior to the submission of the first of the Reserved Matters application, 'Design Codes' for the site shall be submitted to and approved in writing by the Local Planning Authority.  These shall comply with the approved Parameter Plans and shall elaborate the concepts set out in the Design & Access Statement to include the following elements:

a)  How the outer (east) perimeter of built development and landscaping nearest to the M5 Motorway will be designed to create an attractive and soft green edge to the development, while having regard to the height and scale of the acoustic bund.

b)  How 'route' typologies including the different road hierarchy, footpaths and  shared foot / cycle paths and development alongside these routes will be designed and treated to create a distinct and legible development.  These shall consider how soft landscaping, trees, street lights, bus stops and services will be incorporated into design.

c)  How different Character Areas or neighbourhoods will be created and how this fits in with the wider Parklands development.

d)  How the Green Infrastructure set out in the Landscape Parameters Plan will be designed to create a hierarchy and connection between green spaces.

All Reserved Matters applications shall accord with the approved 'Design Codes' unless otherwise agreed in writing by the Local Planning Authority.

6

Prior to the submission of the first of the Reserved Matters application, a vehicle, cycling, and pedestrian strategy showing the indicative location of strategic roads, pedestrian and cycle paths throughout the development and how they fit in with the wider ‘Parklands’ development area shall be submitted to and approved in writing by the Local Planning Authority.  This shall include the following: 

a) The pedestrian and cycle routes shall demonstrate how the development will be designed to provide safe and convenient access to employment areas, community uses, schools, open spaces and other key services. 

b)  All routes that are proposed to continue on to adjoining land in different ownership must show how they have been designed to align and integrate with routes on adjoining land. 

All Reserved Matters applications shall be designed to accord with the approved walking and cycling strategy unless otherwise agreed in writing by the Local Planning Authority.

7

Prior to the commencement of development for each phase a construction programme for that phase, listing the scope of works including services and street lighting within each phase and the projected timetable for its implementation, together with a detailed timetable for the implementation and completion of infrastructure for that phase shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved phasing programme, unless agreed in writing with the Local Planning Authority.  The phasing programme shall include in particular:-

8

 

No more than 250 dwellings shall be built on the site pursuant to this planning permission.

9

No dwellings shall be occupied until an acoustic bund has been completed along or adjacent to the eastern and southern boundaries of the site.  Details to be provided in respect of the bund shall include the following:

i)       Survey plans and cross sections showing existing and proposed ground levels across the area of the proposed bund. Cross sections through the bund shall be provided at 50 metre intervals.  These shall show the height and profile of the proposed bund in relation to: a) the eastern boundary of the application site, b) the profile / width of the adjoining motorway embankment road or any soft verge areas, c) the ‘hard shoulder’ and level of the M5 carriageway level of the M5 Motorway and, d) the profile of land up to the edge of the proposed housing plots including the indicative height and position of the nearest dwellings.  

ii)      Written dimensions of the finished crest height, length and width of the bund and details of the height, position, materials and density of any fencing or other structure to be erected on the bund.

iii)     Details of the materials to be used in the construction of the bund.  These shall only comprise inert and uncontaminated materials including sub soils and top soils.

iv)     A structural report with structural calculations which demonstrates how the bund will be constructed to ensure it is stable at the time of construction and in the longer term to minimise the risk of slippage / failure.  This shall be carried out by a suitably qualifies person(s) and it shall include details of any supporting or retaining structures to be used.

v)  A survey to show which trees, hedgerows or landscape features will be removed to make way for the bund.

vi)  Surface water drainage details to capture and discharge surface water from the bund.

vii)  Details of an ongoing maintenance / management plan for the bund.

10

In addition to the noise mitigation that will result from the completion of the bund referred to in the previous condition, secondary noise mitigation will also be required for individual properties.   Reserved matters applications for each phase of development shall therefore include details to show how the layout and design of dwellings further reduce road traffic noise from affecting living conditions of residents. The approved secondary attenuation measures for each dwelling shall be fully implemented in accordance with the recommendations of the approved scheme before those dwellings are occupied and they shall be retained thereafter.

11

Prior to the commencement of development for each phase a Construction Environment Management Plan (CEMP) for that phase shall submitted to, and approved in writing by the Local Planning Authority.  The Construction Management Plan shall provide/confirm the following details:

(i)  Details of construction hours and how the hours of delivery/export of materials/equipment and other goods and particularly those involving HGV's will be managed to (1) avoid conflict with peak periods of vehicle activity on local approach roads and Junction 21 of the M5 Motorway and (2) reduce potential conflict with pedestrian movement.  This shall include the proposed route(s) to and from the site including temporary site access.

(ii)  The access route to and from the site for construction traffic and particularly for HGV's

(iii)  Details of the location and design of the construction access including visibility splays

(iv)  Wheel washing facilities or other measures to prevent or clear mud  or debris from the highway

(v)  Measures to control the emission of vibration, dust and dirt during construction

(vi)  A scheme for recycling/disposing of waste resulting from demolition

(vii)  Details of measures to ensure the Grumblepill Rhyne and any other aquatic habitats on or adjacent to the development site are not adversely affected during construction (to include no light spill to dark corridor during the construction phase);

(viii)  Details of measures to protect wildlife habitats, protected species and Section 41 species during construction. 

The approved plan shall be implemented and adhered to thereafter at all time during construction.

12

The development hereby permitted shall not commence until the extension of the River Banwell Strategic Flood Attenuation scheme (providing approximately 22,300m³ minimum excavated volume) has been completed and commissioned in accordance with the detailed design and construction drawings set out in planning permission 14/P/2206/F2.   This shall include independent verification that the system is complete and operational inclusive of the following details:

a)     Discharge rates and volumes (both pre and post development) so that the developer can demonstrate that it fits with the volume splits and post development peak flows in the model, means of access for maintenance to any part of the drainage system (4 metres minimum) and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

b)     Any works required on or 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 including temporary or permanent sustainable drainage and pollution control schemes, as well as 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 together with an agreed timetable for handover.

e)     Impermeable area analysis which demonstrates that the site does not exceed the allowance set out in the ‘Weston Villages Strategic Flood Solution Assessment of impact of developments’ for the extension 4.55 ha impermeable area.

13

No culverting of watercourses on the site will take place except for access points without the agreement of the Local Planning Authority.  All culverts on rhynes will meet with the Royal Haskoning Weston Villages Strategic Flood Solution: Developer Structure Sizing Guidance 16 August 2016

14

The drainage system hereby approved (4.55 ha of impermeable area) shall not be constructed until the following pre-construction details have been submitted to and approved in writing by the Local Planning Authority.

Preventative measures to prevent:

a)     pollution/sediment loading,

b)     potential damage to SuDS during construction,

c)      flooding and damage up or down stream.

d)     increase discharge to downstream systems

The approved details must be adhered to at all times throughout the construction stage

15

The on-site drainage system and extension to the River Banwell Strategic Flood attenuation scheme must be maintained by the developer prior to adoption by an approved body or other organisation to ensure it functions as designed. The maintenance requirements set out below must be submitted to and approved by the Local Planning Authority, prior to handing over to the appropriate body.

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

b)     Rectifying any defects prior to handover that occurs, until such time as the drainage system is passed to an approved body or adopting authority

c)      The developer to supply copies of electrical and other test certificates, where appropriate, and the operation and maintenance manuals for the drainage system

d)     The developer to supply as-built drawings to the approved body or any other authority/organisations with an interest in managing the system, including the Local Planning Authority

A timetable for the handover over the maintenance

16

The Finished Floor levels of the proposed dwellings within this development should be set a minimum of 5.55 metres Above Ordnance Datum.

17

No development shall commence for individual phases until full details of both hard and soft landscape works for that phase have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

a)     a survey of the site showing all existing landscape features.  This shall include a tree survey to comply with BS5837:2012.

b)     details of all landscaping to be removed, retained and new proposals. 

c)      all hard and soft structural landscape areas;

d)     pedestrian accesses, car parks and circulation areas;

e)     existing and proposed finished ground levels

f)        means of enclosure and boundary treatment, and

g)     Parks, Greens and public open spaces

h)      dog waste bins where required by the local planning authority

i)        proposed and existing functional services above and below ground (e.g. Drainage power, communication cables, pipelines etc. indicating lines, manholes, supports etc.);

j)        details or land within public and private ownership. 

The development shall thereafter be carried out in accordance with the approved details.

18

The soft landscape works referred to in the previous condition shall include [planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme].

19

No development approved by any Reserved Matters approval shall commence until a landscape and management plan for each phase of development, including long-term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than privately owned domestic gardens, has been submitted to and approved by the Local Planning Authority.  The landscape management plan shall be carried out as approved.

20

No development approved by any Reserved Matters approval shall commence until a plan showing the location and design of tree protection fencing (for trees to be retained) within the area covered by the Reserved Matters Approval has been submitted to and agreed in writing by the Local Planning Authority and the agreed tree protection has been erected around existing trees to be retained. Unless otherwise specified the fencing shall be as shown in Figure 2 of BS5837:2005 Trees in Relation to Construction - Recommendations and shall be erected to achieve root protection areas in accordance with BS5837:2005 root protection area calculations and the location of the fencing will be informed by the recommendations of BS5837:2005. This fencing shall remain in place during site works. The Local planning authority is to be advised at least 7 days prior to development commencing of the fact that the tree/hedge protection measures as required are in place and available for inspection.

21

All works comprised in the approved details of landscaping should be carried out in accordance with phasing details to be agreed during the months of October to March inclusive following occupation of the building or completion of the development, whichever is the sooner, unless otherwise agreed in writing by the Local Planning Authority.

22

 

Trees, hedges and plants shown in the landscaping scheme to be retained or planted which, during the development works or a period of five years following full implementation of the landscaping scheme, are removed without prior written consent from the Local Planning Authority or die, become seriously diseased or are damaged, shall be replaced in the first available planting season with others of such species and size as the Authority may specify.

23

No dwellings approved by any Reserved Matters approval shall be occupied until road, cycle and pedestrian access and car parking to serve each dwelling or other buildings, including details of the location and surfacing of driveways/pathways and parking areas and associated turning spaces and including details of the number of car parking spaces and garages (where appropriate), have been constructed and are available for use in accordance with plans to be submitted to and approved in writing by the Local Planning Authority.  The approved access roads, footpaths, driveways and parking spaces shall thereafter be permanently retained and shall not be used except for access to and/or the parking of vehicles in connection with the development hereby permitted, unless otherwise specified in writing by the Local Planning Authority.

24

Prior to the commencement of development of any reserved matters an up-to-date ecological survey for protected species on each reserved matters site shall be submitted to and approved in writing by the Local Planning Authority unless otherwise agreed in writing. If any protected species are identified as inhabiting that site then a scheme for mitigation against any impacts from the development together with a timetable for these works shall be submitted and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented in accordance with the approved details.

25

No development shall commence for any individual phases until details of external lighting for that phase that minimises the impacts of lighting on (1) nocturnal wildlife for retained or new habitats on site and (2) the wider visual amenity of the development, have been submitted to and approved in writing by the Local Planning Authority.  This shall include a lighting contour plan in lux together with details of the height, location and type of light fitting.  The lighting shall be implemented in accordance with the approved scheme and shall not be varied without the agreement in writing of the Local Planning Authority. 

26

Applications for 'reserved matters' shall include detailed measures for the provision of bird and bat boxes/bricks for each phase, together with a timetable for their implementation.  The development shall be carried out in accordance with the approved details, unless otherwise authorised in writing by the Local Planning Authority.

27.

Prior to the commencement of each phase of development full details of protective fencing around ecological features to be retained shall be submitted to and approved in writing by the Local planning Authority. The approved fencing shall be fully implemented and shall be retained on site until the development in that phase is complete unless otherwise agreed in writing by the Local Planning Authority.

28.

The development shall proceed in accordance with the avoidance,  mitigation and enhancement measures outlined in the submitted: ‘Ecological Constraints and Mitigation Parameters Plan’ (03/08/16);  Sections 6 and 7 within Appendices 7.1 -7.4)  of the  ‘Ecology and Nature Conservation Chapter 7’ of the submitted ‘Environmental Statement Addendum’ for Parklands Eastern Extension, Weston-super-Mare’, (Clarkson Woods  (2016), and also within: Section 7 of the ‘Bat Activity Survey Reports’ ( 2015 & 2016);  Section 6 of the ‘Breeding Bird Report’ (June 2016) and Section 4 of the ‘Invertebrate Survey’ (Andy Jukes/Parkwood Services (2012)).  If amendments to the methodology are required, details of the changes must be submitted in writing and agreed by the Local Planning Authority before relevant works proceed. The development shall then be implemented in accordance with the agreed changes.

29.

Prior to the commencement of development, a Site enabling/vegetation clearance plan, to include timings and description of all precautionary avoidance and mitigation measures required to avoid harm to legally protected (e.g. bats, reptiles, badgers, nesting birds) and Section 41 species (common toad, brown hare, hedgehog) that could be present on site, and to include a detailed method statement for reptiles, shall be submitted to and approved in writing by the Local Planning Authority.  This shall also include: provision of ecological supervision of site clearance, and pre-commencement checks for, or surveys where necessary, for species that may be dynamic in distribution (e.g. badger) and section 41 species, such as brown hare (leverets), common toad.  Any structural vegetation that will be removed that could support breeding birds, leverets, toads, reptiles, needs to be lowered by stages (scrub to 15cm) under ecological supervision.   The use of herbicides is to be avoided.  The site enabling/vegetation clearance plan shall be implemented in accordance with the submitted details.

30.

The details to be submitted in respect of condition 17 shall implement the proposed species and habitat mitigation planting and habitat creation and enhancement measures outlined within the ‘Ecological Constraints and Mitigation Parameters Plan’ (2016).  The landscape planting shall be implemented in accordance with the approved details and signed off by the ecological consultant with submission of a completion certificate.

31.

Details to be submitted in respect of condition 19 shall set out long term safeguarding and management of on-site including:

• The ongoing management of existing habitats;

• Provision for checks of rhynes and removal of rubbish;

- Checks and maintenance of culvert structures;

- A site interpretation board describing the habitats and the required management;

- Any requirements for ecological monitoring;

- Likely costs associated with the ongoing management requirements

The ongoing landscape and habitat management shall be carried out in accordance with the approved details.

32.

No development shall commence until a plan with details of the specification and location of new bird nesting and bat roosting facilities, together with a timetable for their implementation, have been submitted to and approved in writing by the Local Planning Authority.  One such roosting or nesting feature to be provided at a ratio of one per four residential dwellings.  The development shall be carried out in full accordance with the approved details.

33.

No development shall commence until details of the specification and location of  at least two horseshoe bat night roosting features within the Grumblepill Rhyne and 60m ecological corridor have been provided, together with a timetable for installation, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full accordance with the approved details.

34.

No development proposed by any Reserved Matters application shall commence until an assessment of the nature and extent of contamination within the area of that Reserved Matters application has been submitted to and approved in writing by the Local Planning Authority.  This assessment must be undertaken by a suitably qualified person and shall assess any contamination on the site, whether or not it originates on the site.  Moreover, it must include:

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

        (ii)        an assessment of the potential risks to:

o       human health,

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

o       adjoining land,

o       ground waters and surface waters,

o       ecological systems,

o       archaeological sites and ancient monuments.

35.

Unless the Local Planning Authority confirms in writing that a remediation scheme is not required, no development shall take place in those areas identified for remediation until a detailed remediation scheme to bring the site to a condition suitable for residential use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a 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.

36.

The remediation scheme, if required, shall be implemented in accordance with the approved timetable of works. Within 3 months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrates the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority.

37.

No materials to be used any ground works shall be imported onto the site other than inert topsoil, inert subsoil, non-polluting hardcore and inert aggregates, unless otherwise agreed in writing by the Local Planning Authority.

38.

The dwellings hereby approved shall not be occupied until measures to

generate 15% of the on-going energy requirements of the use 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.

39.

Development proposed by any Reserved Matters application shall not be commenced until (1) existing and proposed external ground levels and (2) the finished site slab levels, floor levels and ridge levels of all buildings relative to fixed datum points have been submitted to and approved in writing by the Local Planning Authority.  The development shall be constructed in accordance with these approved details, unless otherwise authorised in writing by the Local Planning Authority.

40.

No works to construct any building or structure hereby approved shall be commenced until samples of the materials to be used in the construction of the external surfaces of that building or structure to which they relate have been constructed on site and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details. 

41.

Details, including samples of the materials for the surface of footways and pedestrian areas, cycleways and all other hard surfaced areas shall be submitted to and approved in writing prior to the commencement of the development to which they relate.  The development shall be carried out in accordance with the approved details. 

42.

No boundary walls, gates, fences or other means of enclosure and boundary treatment shall be erected unless details including the location, height, appearance and materials of such enclosures have been submitted to and approved in writing by the Local Planning Authority.  The boundary enclosures shall be erected in strict accordance with the approved details and maintained and / or replaced if necessary at all times thereafter, unless otherwise agreed in writing by the Local Planning Authority.

43.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending or revoking and re-enacting that Order, no service equipment (including electricity sub-stations, gas governors, sewage pumping stations, telecommunications equipment, external meter boxes), or apparatus shall be erected or constructed in site unless details of their appearance and location are first submitted to and approved by the Local planning Authority.

44.

No development or site preparation works which involve breaking the surface of the site, shall commence until an Archaeological Mitigation Strategy has been submitted to and approved by the Local Planning Authority in writing.

The Archaeological Mitigation Strategy shall include the following:

·      A programme of archaeological investigation and recording including a geophysical survey to provide a comprehensive overview of the application area, evaluation by targeted trial trenching, and a sound paleo-environmental sampling strategy, which will be set out in a Written Scheme of Investigation;

·      A detailed mitigation strategy to ensure the retention in situ or removal where appropriate of any significant archaeology. This may include, for example, targeted excavation, strip, map & sample or an archaeological watching brief;

·      Provision to be made for publication and dissemination of the analysis and records of the site investigation, including appropriate archiving strategies;

·      Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

The development shall be carried out in complete accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

 

Advice Notes:

1. The planning permission must be read in conjunction with the Section 106 Legal Agreement.

2. The site is partly within the North Somerset Levels Internal Drainage Board Area. Site layouts must respect the natural drainage pattern across the site, with the rhyne network remaining open and culverted for access only. 

3.  North Somerset Levels Internal Drainage Board should be consulted at an early stage as their Byelaws require a 9 metre corridor free of all development (including roads, street furniture and vegetation to maintain an access for maintenance).

4.   The Strategic Flood Solution (SFS) for the River Banwell requires this proposal to provide a minimum of 56,900m3 of total flood storage. This figure is detailed within the Weston Villages Strategic Volume Split Technical Note dated 17 May 2013.

5. Confirmation will be required ensuring adequate capacity of the connecting rhyne network between the development and the SFS. Please note that these rhynes are outside of the redline boundary for the proposal.

6. There should be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.

7.  Under the Water Resources Act 1991 and the Land Drainage Act 1991 both the Environment Agency and the Local Authority have permissive powers to maintain watercourses. Their jurisdiction depends on the watercourse designation as "Main River" or "Ordinary Watercourse". However, responsibility for general maintenance of the watercourses and their banks, rest with riparian owners.

8. If the highway and any associated works that are to be constructed in accordance with the planning approval hereby granted is at any time likely to be required to be adopted by the Highway Authority and subsequently maintained at public expense, then it will be necessary for the developer to comply with the Council's specifications in accordance with either the Advance Payments Code under Section 219 or under Section 38 of the Highways Act 1980, and that no construction of  these roads should be carried out prior to the Section 38 agreement being in place. Failure to have the agreement in place prior to the commencement of works may prejudice the adoption or result in additional expense in relation to the confirmation of the construction details of the works The developer is advised to make early contact with the Highways Development Officer (Mr W Hole 01934 426707) so that the processing of the agreement does not impede the implementation of planning consent. The developer will be required to pay the Council's fees in entering the agreement and associated inspection/supervision fees. 

9.  The works within the highway in association with this development will require the developer to enter into a S278 Agreement (Highways Act 1980). The developer is advised to make early contact with the highways officer (Mr W. Hole 01934 426707) so that the processing of the order does not impede the implementation of planning consent. The developer will be required to agree to the specification of the works, meet the Council's costs in the drawing up of the order, provide a bond or cash equivalent and meet the Council's inspection charges.

10.  Any works which affect the traffic capacity of the highway are subject to the Traffic Management Act 2004. This Act places an obligation upon local authorities to coordinate and manage the road network to ease congestion and delay. As the works in this approval are likely to require a part of the highway to be closed, approval for the closure will be subject to the provisions of the Act. The developer is urged to make early contact with the Council's Streets & Open Spaces Highway Maintenance Team (01275 888802) to 'book' any required road closure. 

11.  Any alteration or connection to public or private utilities is outside the scope of this planning permission and separate permission should be obtained from the appropriate landowner or utility providers.

           

PAR

120          

Planning Application No. 16/P/2740/RG3 Erection of a two-storey rear extension to existing leisure centre to provide a fitness suite, free weights area and 2no. studio spaces.  Provision of 3no. floodlit all-weather sports pitches and 2no. floodlit tennis courts at Hutton Moor Leisure Centre, Hutton Moor Road, Weston-super-Mare  (Agenda item 10)

 

            The Director of Development and Environment reported on an application for planning permission. The Director of Development and Environment’s representative drew Members’ attention to the update sheet and in particular to the receipt of additional third party comments, and to the submission of additional information by the applicant that required an amendment to the officers’ recommendation.

 

            Resolved:  that the application be approved subject to the following conditions:

 

1.   

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

 

2.

The development hereby permitted shall be carried out in accordance with the approved plans and documents to be listed on the decision notice.

3.

No means of external illumination shall be installed other than in complete accordance with the approved details and specifications set out in the document entitled ‘Hutton Moor Leisure Centre Exterior Sports Lighting LED Option’ dated 12 January 2017, as updated and clarified by the email from Alec French Architects dated 17 January 2017.

4.

The floodlights hereby permitted shall only be switched on when the associated All Weather Pitch or tennis court is in use.  The lights shall either be switched off within 10 minutes of the All Weather Pitch or tennis court being vacated or at 22.00 hours, whichever occurs the earliest, and shall not switched on again before 15.00 hours on the following day.

5.

The rating level of all external plant either singly or in combination shall not exceed background noise levels at the nearest noise sensitive premises when assessed in accordance with BS4142:2014 Methods for rating and assessing industrial and commercial sound.

6.

No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

a)     Details of the construction programme

b)     Details of the volume, type and nature of construction traffic and impact of construction traffic on the surrounding local highway network for network peak hours;

c)      hours of construction;

d)     routing of vehicles;

e)     details of site enabling works; method of works, including: siting and installation of services such as drainage;

f)        measures for avoidance of harm to protected and notable species in accordance with section 4 of Hutton Moor Ecological Appraisal, First Ecology January 2017.

g)     specification of buffers and fencing for the protection of retained ecological features and trees;

h)      measures for the prevention of pollution to avoid impacts (including dust, water run-off, silt deposition);

i)        the parking of vehicles of site operatives and visitors;

j)        waiting/parking areas for HGVs

k)      loading and unloading of plant and materials;

l)        storage of plant and materials used in constructing the development;

m)   the erection and maintenance of security fencing, where appropriate;

n)      wheel washing facilities;

o)     measures to control the emission of dust and dirt during construction;

p)     a scheme for recycling/disposing of waste resulting from demolition and construction works;

q)     measures for disposal of waste and prevention of pollution;

r)       measures to control noise from works on the site.

7.

 

The development hereby permitted shall not be brought into use until cycle parking facilities have been provided on site in accordance with plans and specifications that have first been submitted to and approved, in writing, by the Local Planning Authority.

8.

Notwithstanding the submitted details, and prior to construction of the all-weather pitches and tennis courts hereby permitted, details of the surface water proposals shall be submitted to and approved in writing by the Local Planning Authority (in conjunction with the North Somerset Levels Internal Drainage Board).  Before these details are submitted, an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in The National Planning Policy Framework and associated Guidance, and the results of the assessment provided to the local planning authority. The system should be designed such that there is no surcharging for a 1 in 30 year event and no internal property flooding for a 1 in 100 year event + 20% an allowance for climate change. The submitted details shall:

        i.            provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; and

      ii.            provide a plan indicating flood exceedance routes, both on and off site in the event of a blockage or rainfall event that exceeds the designed capacity of the system.

    iii.            provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

     iv.            The surface water drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

9.

No development shall be commenced until details of flood resilience measures together with a programme of maintenance for the lifetime of the development have been submitted to and approved by the Local Planning Authority. Such works shall be carried out in accordance with the approved details.

10.

The development hereby permitted shall not be brought into use until an Emergency Flood Warning and Evacuation Plan has been put in place in accordance with details that have first been submitted to and approved, in writing, by the Local Planning Authority.  The Plan shall be maintained and observed thereafter in accordance with the approved details.

11.

The walling, fencing and surfacing materials to be used in the development hereby permitted shall be in accordance with the details hereby approved.  If any other material is proposed, it shall not be used unless details and specifications have first been submitted to and approved, in writing, by the Local Planning Authority.

12.

No development shall be commenced until full details and specifications have been submitted to and approved in writing by the Local Planning Authority setting out how the development has been designed to be accessible to users of all abilities.  The design details to submitted shall include details of external paving, drainage channels, transition between different areas or surfaces, ramps, access to the all-weather pitches and tennis courts, including spectator facilities, parking, and entrances to the building.  Thereafter, the development shall not be carried out except in accordance with the approved details.

13.

No site clearance or development work shall take place until an amended arboricultural report, tree protection plan and tree protection measures have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the report, plan and tree protection measures shall be implemented in accordance with the approved details.

14.

No development to construct the all-weather pitches and tennis courts hereby permitted shall take place until the tree protection fencing has been installed in accordance with the details approved under condition 13 of this permission and inspected by the Local Authority Tree Officer. The tree protection fencing shall remain in place in accordance with the approved details for the remainder of the development works associated with the all-weather pitches and tennis courts.  No excavation, tipping, burning, storing of materials or any other activity shall take place within the tree protection area.

15.

The development hereby permitted shall not be brought into use until details of a landscaping scheme for the site have been submitted to and approved, in writing, by the Local Planning Authority. The landscape scheme shall take into account the comments of the police crime prevention design advisor dated 19 December 2016.

16.

All works comprised in the approved details of landscaping shall be carried out in accordance with the approved details during the months of October to March inclusive following occupation of the extension hereby permitted or completion of the development, whichever is the sooner.

17.

Any tree shown for retention in the arboricultural report approved under condition 13 of this permission, or any tree or plant shown to be retained or planted in the landscaping scheme approved under condition 15  which, during the development works or a period of ten years following completion of the development, is removed without prior written consent from the Local Planning Authority or dies, become seriously diseased or is damaged, shall be replaced in the first available planting season with other trees or plants of such size and species as the Authority may specify. For the replacement of trees identified for retention in the approved arboricultural report, the number of replacement trees will be calculated using the following formula: 1 new tree of size 10-12cm circumference per 100mm trunk diameter of the tree being replaced.

18.

The development hereby permitted shall not take place except in complete accordance with the measures outlined in ‘Section 4 Method Statement’ of the ‘Hutton Moor Leisure Centre Ecological Appraisal’ (January 2017). If amendments to the report recommendations are required, details of the changes shall be submitted to and approved in writing by the Local Planning Authority before relevant works proceed. The development shall then be implemented in accordance with the agreed changes.

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.

Environment Agency – applicant to sign up to the EA’s Floodline Warnings Direct service and refer to DCLG’s publications 'Preparing for Floods’ and `Improving the flood performance of new buildings'.

2.

Internal Drainage Board – Land Drainage Consent required.

3.

Wessex Water – applicant to contact Wessex Water regarding diversion of public surface water and foul sewers.

 

PAR

121          

Planning Application No. 14/P/2017/O Outline planning permission for up to 170 dwellings, open space and landscaping including a local equipped area for play, parking, engineering (including ground modelling) works, site reclamation (including demolition) and infrastructure at land north of Arnolds Way and North End, Yatton (Agenda item 11)

 

            The Director of Development and Environment reported that a requirement for financial contributions towards community meeting room(s) had been omitted from the detailed explanation and list of proposed s106 Heads of Terms when this application had been reported to the Committee in 2016  (PAR 125 refers).  The Committee was now invited to confirm the decision and to agree that for the purposes of the respective s106 negotiations a contribution towards community meeting room(s) was required.

 

Resolved: that subject to 1) further assessment of the potential for a co-ordinated approach to s106 provisions in connection with flood risk; High Street and accessibility/connectivity improvements; school place planning, community provision and ecology; 2) further consultation between the applicant, Local Planning Authority and local community concerning place-shaping principles on which to base the reserved matters submissions and;

3) Subject to the completion of a legal agreement securing the following, to be agreed by the Director of Development and Environment in consultation with the Chairman, Vice Chairman and ward members: (a) the delivery of the enhanced 5-arm roundabout at the B3133/Arnolds Way roundabout junction; (b) contribution towards TRO for the extension of the existing 30mph speed restriction; (c) the delivery/construction of pedestrian crossing at North End Road; (d) contribution to address congestion in High Street; (e) contribution towards Strawberry Line; (f) contribution towards sustainable travel measures; (g) off site contribution towards leisure facilities at an appropriate location; (h) off site contribution towards increasing playing pitch capacity/provision in Yatton; (i) off site contribution towards children’s play area provision; (j) minimum of 30% on site Affordable Housing provision; (k) contribution towards library provision; (l) contribution towards early learning /pre-school provision; (m) contribution towards primary school provision; (n) contribution towards secondary school provision; (o) contribution towards Youth provision; (p) contribution towards off-site improvements to watercourses and rhyne infrastructure; and (q) contribution towards community meeting room(s), the application be approved subject to conditions to be agreed by the Director of Development and Environment in consultation with the Chairman, Vice Chairman and ward members, based on those considered by the Committee at its meeting held 09 March 2016 (Minute No. PAR 125 refers).

 

PAR

122          

Planning Application No. 15/P/0946/O Outline application for up to 170 residential dwellings, open space and landscaping including a Local Equipped Area for Play, new vehicular and pedestrian access off North End and associated landscape, parking engineering (including ground re-modelling) works, site reclamation (including demolition) and infrastructure. Details of access to be decided, but appearance, landscaping, layout and scale all reserved for subsequent approval at land east of North End, Yatton (Agenda item 11)

 

            The Director of Development and Environment reported that a requirement for financial contributions towards community meeting room(s) had been omitted from the detailed explanation and list of proposed s106 Heads of Terms when this application had been reported to the Committee in 2016  (PAR 127 refers).  The Committee was now invited to confirm the decision and to agree that for the purposes of the respective s106 negotiations a contribution towards community meeting room(s) was required.

 

Resolved: that subject to 1) the need for street lighting at the roundabout being considered; 2) further assessment of the potential for a co-ordinated approach to s106 provisions in connection with flood risk; High Street and accessibility/connectivity improvements; school place planning, community provision and ecology; 3) further consultation between the applicant, Local Planning Authority and local community concerning place-shaping principles on which to base the reserved matters submissions; and 4) subject to the completion of a legal agreement securing the following, to be agreed by the Director of Development and Environment in consultation with the Chairman, Vice Chairman and ward members: (a) the delivery of the enhanced 5-arm roundabout at the B3133/Arnolds Way roundabout junction (including the installation of street lighting if necessary); (b) contribution towards TRO for the extension of the existing 30mph speed restriction; (c) the delivery / construction of pedestrian crossing at North End Road; (d) contribution to address congestion in High Street; (e) contribution towards Strawberry Line; (f) contribution towards sustainable travel measures; (g) off site contribution towards leisure facilities at an appropriate location; (h) off site contribution towards increasing playing pitch capacity/provision in Yatton; (i) off site contribution towards children’s play area provision; (j) minimum of 30% on site Affordable Housing provision; (k) contribution towards library provision; (l) contribution towards early learning/pre-school provision; (m) contribution towards primary school provision; (n) contribution towards secondary school provision; (o) contribution towards Youth provision; (p) contribution towards off-site improvements to watercourses and rhyne infrastructure; and (q) contribution towards community meeting room(s) the application be approved subject to conditions to be agreed by the Director of Development and Environment in consultation with the Chairman, Vice Chairman and ward members, based on those considered by the Committee at its meeting held 09 March 2016 (Minute No. PAR 127 refers).

 

PAR

123          

Planning Appeals (Agenda item 12)

 

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

 

            Resolved: that the report be noted.

 

PAR

124          

Community Governance Review (Agenda item 13)

 

            The Electoral Registration Officer reported receipt of an application for a review of electoral arrangements within the parish of Portishead.

 

            Resolved: that Portishead Town Council be advised of the need to seek a petition of 1991 electors to demonstrate sufficient support for their proposal to increase the membership of the council from 14 councillors to 18 councillors prior to a community governance review being carried out.

 

 

                                                                                    ________________________________

                                                                                                                Chairman

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