Agenda item

Decision:-

(1)  That, with regard to application S13/1824, condition 36, requiring the submission of a Construction Traffic Management Plan for approval within one month of the date of the permission be amended to require the submission of the plan within three working days (i.e. by Friday 13^th December 2013), failing which action will be taken to issue a stop notice and commence enforcement action for breach of that condition; and

(2)  That, with regard to application S13/1824, the remaining pre-commencement conditions, i.e. conditions 5, 9, 13, 26, 29 and 31, all requiring the submission of details or a scheme within one month of the date of the permission be amended to require the submission of the details/scheme by Friday 10^th January 2014, failing which action will be taken to issue a stop notice and commence enforcement action for breach of the appropriate condition; and that the conditions attached to that permission be amended as follows:-

1.         The development hereby permitted shall be commenced within 3 years of the original grant of planning permission under application S13/0260, which was approved on 14^th June 2013.

2.         Notwithstanding the submitted information precise details including 1:50 scaled elevations of the proposed floodlighting columns shall be submitted to and approved in writing by the local planning authority before the use hereby permitted commences and the building(s) are occupied.  The development shall be carried out in accordance with the approved details.

3.         Bat and bird boxes shall be sited within the development in accordance with the details set out on drawings (08)031 Rev A00 and (08)032 Rev A00 received on 26 July 2013. The bat and bird boxes shall be installed prior to the completion of the development and maintained thereafter.

4.         The development shall be undertaken in accordance with the written scheme of investigation for archaeological work prepared by the University of Leicester Archaeological Services received on 12 July 2013.

5.         Prior to the 10 January 2014 full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved.  These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant].  Soft landscape works 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].

6.         A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

7.         All existing trees and hedgerows to be retained as part of the development shall be fenced off to the limit of their branch spread, in accordance with the tree protection measures detailed on drawing (08) 028 Rev A00 received on 19 July 2013. All tree works shall be carried out in accordance with the requirements of British Standard 3998 2010 and where trees are to be protected this shall in accordance with the requirements of British Standard 5837 2012.

8.         The development hereby approved shall be carried out in accordance with the scheme for remedial works and measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and the proposals for future maintenance and monitoring as set out in the information received on 15 October 2013. 

9.         Prior to the 10th January 2014 precise details shall be submitted to and agreed in writing by the local planning authority showing the provision of a footpath linking the development hereby approved to the existing footpath located to the west of the application site running along the eastern boundary of Queen Eleanor School and linking in to Kesteven Road. The proposed footpath shall then be provided prior to the occupation of the buildings hereby approved and maintained available thereafter.

10.      Notwithstanding the submitted details shown on drawing title Proposed Cycle Shelter precise details of the proposed cycle shelters shall be submitted to and approved in writing by the local planning authority. The details shall include a plan showing the precise dimensions including the length, width and height of the proposed shelter. The development shall only be carried out in accordance with the approved details.

11.      Notwithstanding the submitted details shown on drawing title Proposed Dug Outs precise details of the proposed dug outs shall be submitted to and approved in writing by the local planning authority.  The details shall include a plan showing the precise dimensions including the length, width and height of the proposed dug outs.  The development shall only be carried out in accordance with the approved details.

12.      The pitches and buildings hereby approved shall be constructed in accordance with the levels and finished floor levels specified on drawing number (08)008 Rev A00.

13.      Prior to the 10th January 2013 a detailed surface water drainage scheme shall be submitted to, and approved in writing by, the local planning authority.

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed, in writing, by the local planning authority.

14.      No development shall be commenced (apart from those works identified on drawing Proposed Construction Access Arrangements submitted on 3 September 2013 and the works required in relation to the re-contouring/grading of the land in the areas to accommodate the football pitches hereby approved) until:-

(i) A detailed assessment of ground conditions of the land proposed for the new football pitches as shown on drawing number (08)008 Rev A00 shall be undertaken (including drainage and topography) to identify constraints which could affect playing field quality; and

(ii)  Based on the results of this assessment to be carried out pursuant to (i) above of this condition, a detailed scheme to ensure that the playing fields will be provided to an acceptable quality (including appropriate pitch drainage measures) shall be submitted to and approved in writing by the local planning authority.

The works shall be carried out in accordance with the approved scheme within a timescale to be first approved in writing by the local planning authority.

15.      The sports building (including sports hall, changing rooms and fitness suite) hereby permitted shall not be constructed other than substantially in accordance with Sport England's Technical Design Guidance Note 'Sports halls: design and layouts design guide February 2012'

16.      Use of the development shall not commence until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority, and a copy of the completed approved agreement has been provided to the Local Planning Authority.  The agreement shall apply to the sports building (including the sports hall, fitness room, changing rooms and other ancillary facilities) and artificial and grass pitches and include details of pricing policy, hours of use, access by non college/football club users/members, management responsibilities and a mechanism for review, and anything else in which the Local Planning Authority in consultation with Sport England considers necessary in order to secure the effective community use of the facilities.  The development shall not be used at any time other than in strict compliance with the approved agreement.

17.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order amending, revoking or re-enacting that order), no buildings, moveable structures, works, plant, machinery, access, storage of vehicles (including car parking), equipment or materials or other use in connection with events or temporary uses shall be permitted or take place on the grass or artificial turf pitches.

18.      The development hereby permitted shall be fully implemented and operated at all times in accordance with Noise Management Plan scheme received 29 August 2013

19.      No external generators shall be used on site in connection with the car boot sales, unless otherwise agreed in writing by the local planning authority.

20.      The car boot sales hereby approved shall not take place outside the hours of 06:30 to 17:00.

21.      The floodlights for the stadium and the training pitches shall not be used between 22:30 hours and 07:30 hours.

22.      There shall only be a maximum of 30 Car boot sale events held at the site in any one calendar year.

23.      Mechanical service plant noise levels shall adhere to the details contained in para 5.65 - 5.67 of the Noise Assessment prepared by Hepworth Acoustics dated February 2013. The cumulative LAr noise rating levels from any mechanical service plant at the nearest residence, including any acoustic penalty, shall be at least 10dB(A) below the lowest measured LA90 background noise level.

24.      The development hereby approved shall be implemented and operated at all times in accordance with the PA noise management scheme contained within the Noise Management Plan received on 29 August 2013.

25.      The acoustic bund located to the south of the proposed pitches shall be at least 10m high in relation to the pitch levels directly adjacent to the bund and at least 4m high in relation to the ground level of the adjacent housing development to the south of the site. The development shall be implemented in accordance with the details of the ground levels and acoustic bund, including the cross sections received on 19 July.

26.      Prior to the 10th January 2014 further details relating to the vehicular access to the public highway, including materials, specification of works and construction method shall be submitted to the Local Planning Authority for approval. The approved details shall be implemented on site before the development is first brought in to use and thereafter retained at all times.

27.      Prior to the commencement of the use of the site as a football stadium, education facility or for car boot sales the land between the highway boundary and the vision splays indicated on drawing number 10000/04/01 & 10000/04/02 received on 14/5/2013 shall be lowered so that it does not exceed 0.6 metres above the level of the adjacent carriageway Ryhall Road and thereafter the visibility splay shall be kept free of obstacles exceeding 0.6 metres in height.

28.      The arrangements shown on the approved plan LK606 (08)008 Rev A00 dated 29/01/13 for the parking/turning/manoeuvring of vehicles shall be available at all times when the premises are in use.

29.      Prior to the 10th January 2014 a scheme shall be submitted to and agreed in writing by the local planning authority for the construction of a 2 metre wide combined footway/cycleway along the frontage of the site and linking the existing provision to the north of Borderville Cottages and extending southwards to Rutland Road, together with arrangements for the disposal of surface water run-off from the highway at the frontage of the site. The agreed works shall be fully implemented before the development is occupied or in accordance with a phasing arrangement to be agreed in writing with the local planning authority.

30.      Prior to the commencement of the use of the site as a football stadium, education facility or for car boot sales the works to improve the public highway (by means of ghost island right turn facility together with all necessary lighting, drainage, marking and ancillary works as indicatively identified on drawing number 10000/04/01 received on 14/5/2013) or as specified shall have been certified complete by the local planning authority.

31.      Prior to the 10th January 2014 a Travel Plan shall be submitted to, and approved in writing by the local planning authority that builds on the framework travel plan for the football ground and the existing college travel plan.  Thereafter a survey shall be analysed and submitted to the local planning authority that will provide details of the implementation of the Travel Plan.  The occupier shall ensure that travel arrangements are fulfilled in accordance with the Travel Plan, unless the local planning authority stipulates approval to any variation.

32.      The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:

• Site Location Plan - (08)001 Rev A00 received 29/01/2013,
• Existing Site Plan - (08)002 Rev A00 received 29/01/2013,
• Existing Site Sections - (08)003 Rev A00 received 29/01/2013,
• Comparison of Footprints - (08)004 Rev A00 received 29/01/2013,
• Comparison of Floor Space - (08)005 Rev A00 received 29/01/2013,
• Comparison of Floor Space Site Sections - (08)006 Rev A00 received 29/01/2013,
• Proposed Site Context Plan - (08)007 Rev A00 received 29/01/2013,
• Proposed Site Plan - (08)008 Rev A00 received 29/01/2013,
• Proposed Site Sections - (08)009 Rev A00 received 29/01/2013,
• Proposed Ground Floor Plan - (08)010 Rev A00 received 29/01/2013,
• Proposed First Floor Plan - (08)011 Rev A00 received 29/01/2013,
• Proposed Roof Plan - (08)012 Rev A00 received 29/01/2013,
• Proposed Sections A-A & B-B - (08)013 Rev A00 received 29/01/2013,
• Proposed Sections C-C & D-D - (08)014 Rev A00 received 29/01/2013,
• Proposed North & East Elevation - (08)015 Rev A00 received 29/01/2013,
• Proposed South & West Elevation - (08)016 Rev A00 received 29/01/2013,
• Proposed Covered Seating Stand 1 - (08)017 Rev A00 received 29/01/2013,
• Proposed Covered Seating Stand 2 - (08)018 Rev A00 received 29/01/2013,
• Proposed Toilet Block - (08)019 Rev A00 received 29/01/2013,
• Proposed Turnstile Building 1, 2 & 3 - (08)020 Rev A00 received 29/01/2013,
• Proposed Dug Outs - (08)021 Rev A00 received 29/01/2013,
• Proposed Cycle Shelter - (08)022 Rev A00 received 29/01/2013,
• Proposed Site Entrance - (08)023 Rev A00 received 29/01/2013,
• Proposed Hard and Soft Landscaping Layout - (08)024 Rev A00 received 29/01/2013,
• Proposed Walls, Fences and Boundary Treatments - (08)025 Rev A00 received 29/01/2013,
• Proposed Enclosures to Grass Pitch & Artificial Grass Pitch - (08) 026 Rev A00 received 29/01/2013,
• Ghost Island Right Turn - 4309/01/30 received 29/01/2013

33.      The proposed development shall be undertaken in strict accordance with the Assessment of spoil from the development undertaken by Waldeck and received on 29 January 2013. If any material is to be deposited outside of the application site area no development shall take place until a scheme detailing the method and arrangements for the deposition of soil on adjacent land, in the applicants control, and the removal of sub surface material off site has been submitted to and approved in writing by the local planning authority.  The scheme shall include:
(i) details of the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform;
(ii) details of any subsurface material to be removed from the site and precise details of where and how the material will be disposed of;
(iii) details of the proposed routing arrangements for vehicles removing material from the site.  The development shall be carried out in accordance with the approved details.

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

34.      The development shall be carried out in accordance with the materials received on 22 July 2013 detailed on drawings (08)015 Rev A01 and (08)016 Rev A01.  Only the agreed materials shall be used in the development.

35.      Notwithstanding condition 14 above no development shall be commenced (apart from those works identified on drawing Proposed Construction Access Arrangements submitted on 3 September 2013) before the works to improve the construction traffic access arrangements and provision of a temporary haul road have been completed.  Construction traffic shall only use the approved construction access arrangements during the construction of the development.  Within 3 months of completion of the development the temporary haul road shall be removed and the land restored in accordance with the approved details.

36.      Within 3 days of the date of this permission the developer shall submit a Construction Traffic Management Plan for the approval of the Local Planning Authority.  The Plan shall incorporate further detail in respect of anticipated daily vehicle movements; routing or sourcing materials in such a way as to minimise HGV movements through villages or roads unsuitable for such traffic; measures to provide adequate signing/warning to highway users of increased turning movements in and around the proposed point of temporary access; control and management of arrivals and departures to minimise risk of conflict or amassing of vehicles at the access and within the limits of highway; provision for a wheel wash; proposals and a timetable for the introduction of temporary speed restrictions; control of surface water run-off and a means of monitoring and ensuring compliance with the operations of the Plan.  Once approved the Plan shall be maintained through the lifetime of the construction phase of the development.

The Chairman explained that application S13/1824 was being considered as an urgent item today because there were special circumstances relating to a breach of planning control. Determination of the application would enable the construction to continue in accordance with planning controls. 

The Committee considered a report, which had been circulated with the late report to Members prior to the meeting, in relation to application S13/1824, which had been considered by the committee on 8th October 2013. The report was introduced and explained by the Principal Planning Officer.  He reminded Members that at that meeting they had resolved to defer approval to the Chairman and Vice-Chairman, subject to the completion of a section 106 agreement and subject to a number of conditions.

The section 106 agreement had been completed and signed, and the decision was ready for issue. However, the applicants had already submitted some of the information required by some of the conditions and work had already commenced on site.  Some of the conditions as currently approved were pre-commencement conditions which required details to be submitted prior to any development taking place. Whilst some of the information had been provided, some elements were still outstanding.

Development had already commenced on site, and it was therefore no longer necessary to impose pre-commencement conditions. It was, however, necessary to amend the conditions to link the development to the details already submitted and approved since the application went to the committee, or in some cases to amend outstanding conditions to require details to be submitted within one month of the date of the consent.

Also circulated to Members present at the committee were letters from the applicants’ agent, and from the Voice of Stamford in objection to the matter being considered by the committee at this meeting.

(6.06pm – Councillor Parkin left the meeting).

Members discussed the report from the Principal Planning Officer, and the circulated documents in detail, and expressed concern that the decisions of the Development Control Committee were being disregarded with impunity. It was proposed:-

“That, with regard to application S13/1824, condition 36, requiring the submission of a Construction Traffic Management Plan for approval within one month of the date of the permission be amended to require the submission of the plan within three working days (i.e. by Friday 13^th December 2013), failing which action will be taken to issue a stop notice and commence enforcement action for breach of that condition.”

The Chairman referred to other pre-commencement conditions and suggested that it would be wrong not to insist that these were discharged before the commencement of work. In seconding the proposition, a Member suggested that these conditions requiring the submission of details and/or a scheme should be amended to require the submission of the appropriate details within one month from today, i.e. by 10^th January 2014, otherwise action would be taken as indicated above, and she asked that this be added to the proposal.

The proposer agreed to include this addition within the original proposal. On being put to the vote, the amended proposal was agreed.