Agenda item

Application S19/2094

Proposal:

Section 73 application to vary condition 11 (relating to SSSI Working Method Statement) of planning permission S17/1134 (for 87 dwellings)

Location:

The Old Quarry, Station Road, Castle Bytham

Recommendation:

Approve subject to conditions and section 106 agreement

 

Minutes:

Proposal: Section 73 application to vary condition 11 (relating to SSSI Working Method Statement) of planning permission S17/1134 (for 87 dwellings).

Location:   The Old Quarry, Station Road, Castle Bytham

Decision:    Approved subject to conditions and a deed of variation to the Section 106 Agreement

 

Members noted the following:

 

·     Provisions within the National Planning Policy Framework, the South Kesteven Local Plan and supplementary planning documents

·     No further comments from Castle Bytham Parish Council

·     No objection from Natural England

·     Representations received as a result of public consultation

·     The additional information report published on 7 December 2020 and officer comment thereon

·     Site visit observations

·     Comments made by Members at the meeting

 

Members briefly discussed the issues relating to the site over previous years.

 

It was proposed, seconded and agreed that the application be approved for the summary of reasons set out in the case officer’s report together with the following conditions:

 

Approved Plans

 

    1    The development hereby permitted shall be carried out in accordance with the following list of approved plans:

 

·     Drawing No. DALL140521 SKL-02 Rev F, in relation to the location of the accesses, and extent of land parcel C only (received on 11 August 2017)

·     Drawing No. DALL140521 SLP-01 (received on 7 January 2015)

·     Drawing No. 605-SK01 (received on 7 January 2015)

·     Drawing No. 605-SK02 Rev A (received on 7 January 2015)

·     Drawing No. 605-SK05 (received on 7 January 2015)

·     Parcel A - Plans Approved under reserved matters consents S19/0180 or S19/2142

·     Parcels B and C – Plans approved under reserved matters consents S20/0286 or S19/2208

 

          Unless otherwise required by another condition of this permission.

 

2        The maximum number of dwellings on the application site shall not exceed 87.

 

Before the Development is Commenced

 

3        The development shall be carried out in accordance with the written scheme for the archaeological recording of the (former) kilns on the approved under approval of details required by condition application S17/0724

 

4    Before any part of the development hereby permitted is commenced on parcel B a surface water drainage scheme for that part of the site, based on sustainable urban drainage principles and an assessment of the hydrological and hydrogeological context of the development, shall be submitted to and approved in writing by the Local Planning Authority.

 

The scheme shall:

 

a)   Provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site;

b) Provide attenuation details and discharge rates which shall be  restricted to 3.8 l/s/ha;

c)  Provide details of the timetable for and any phasing of implementation for the drainage scheme; and

d)  Provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

5    Before any part of the relevant phase of the development permitted is commenced, (except parcel A) plans showing the existing and proposed land levels of the relevant site area including site sections, spot heights, contours and the finished floor levels of all buildings with reference to a fixed off site datum point shall have been submitted to and approved in writing by the Local Planning Authority.

 

6    Before parcel B of the development hereby permitted is first commenced, a landscape and biodiversity management plan (including a programme of implementation), shall have been submitted to and approved in writing by the Local Planning Authority. The plan shall provide for the following:

 

(a) Details of the trees and the areas of flora and fauna to be retained as part of the landscaping scheme for the site.

(b)  Details of a scheme to provide for the protection of the trees and the areas of flora and fauna to be retained (as part of the landscaping scheme for the site) during the construction phase.

(c)  For an ecological/protected species survey to be carried out, at the appropriate time(s) of year, no more than 12 months before the commencement of any phase of the development on the site to determine whether any protected or important species or habitats are present and to provide for mitigation measure(s) where necessary.

(d) Details of biodiversity enhancement measures including tree and   other planting to be implemented as part of the landscaping scheme.

(e)  Details of a scheme for the provision of any play area(s)/play trail.

(f)  Details of a scheme showing how the areas of the site which are subject to the Site of Special Scientific Interest (SSSI) designation are to be protected from damage during the occupation phase of the development.

(g)  Details of the long term design objectives, management responsibilities and maintenance schedules for all landscape/open space/play areas, other than privately owned, domestic gardens.

 

During Building Works

 

7    The development hereby permitted shall be carried out in accordance with the mains foul sewage infrastructure scheme approved under approval of details required by condition application S17/0918

 

    8    The development hereby permitted shall be carried out in accordance with the working method statement submitted as part of this application dated November 2019.

 

    9    The phasing of the development of the site shall be undertaken in accordance with the details approved under approval of details required by condition application S18/1524.

 

  10     If, during any part of the construction phase of the development, contamination not previously identified is found to be present at the site then no further development  (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer(s) has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority.

 

11      Any remediation strategy in relation to (unforeseen) contamination encountered at the site during any part of the construction phase of the development shall be strictly implemented as approved.

 

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12           Before any approved access road from the development site onto Station Road is first brought into use visibility splays of 2.4 metres by 43 metres shall have been provided at the junction of the access road and Station Road. The land within the visibility splays shall be kept clear of any item/vegetation over a height of 0.6 metres thereafter at all times.

 

13           Before the works to provide the boundary treatments on the relevant phase of the development permitted are commenced, a plan indicating the heights, positions, design, materials and type of boundary treatment to be erected shall have been submitted to and approved in writing by the Local Planning Authority

 

14      Before any of the works on the external elevations of the building(s) on the relevant phase of the development are begun, samples of the materials (including colour of any render, paintwork or colourwash) to be used in the construction of the external surfaces shall have been submitted to and approved in writing by the Local Planning Authority.

 

15      The approved Landscape and Biodiversity Management Plan (including the programme of implementation), including those details approved under approval of details required by condition application S19/1140, shall be strictly adhered to at all times during the construction phase(s) of the development and thereafter during the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority

 

Before the Development is Occupied

 

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16           No dwelling within each phase (other than parcel C) shall be occupied until sufficient fire hydrants have been provided on site to serve that phase, in accordance with details to be submitted to and approved in writing by the Local Planning Authority

 

17           Before any part of the development hereby permitted is occupied/brought into use, a verification report confirming that remedial works approved under discharge of condition application S17/0725, have been completed shall have been submitted to and approved in writing by the Local Planning Authority. The report shall have been submitted by the nominated competent person approved, under S17/0725. The report shall include:-

 

  i. A complete record of remediation activities, and data collected as  identified in the remediation scheme, to support compliance with agreed remediation objectives;

 ii.  As built drawings of the implemented scheme;

iii.  Photographs of the remediation works in progress; and

iv.  Certificates demonstrating that imported and/or material left in situ  is free from contamination.

 

          The scheme of remediation shall thereafter be maintained in accordance with the approved scheme.

 

18      Before any part of the relevant phase of the development permitted is first occupied/brought into use, the works to provide the foul water drainage shall have been completed in accordance with the approved details.

 

19      Before any part of the relevant phase of the development permitted is first Occupied/brought into use, the works to provide the surface water drainage scheme(s), shall have been completed in accordance with the approved details. including those details approved under approval of details required by condition application S19/0471.

 

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20           The approved works to provide the boundary treatments on the relevant phase of the development permitted shall be provided before the relevant dwelling is first occupied/the relevant building is first brought into use and shall be kept permanently free for such use at all times thereafter.

 

21           Before any part of the development hereby permitted is first occupied/first brought into use, the external surfaces to buildings shall have been completed in accordance with the approved details.

 

22           Before any building/dwelling hereby permitted is first occupied/first brought into use, the finished floor levels for that building/dwelling and the finished land levels of the surrounding lands (including any curtilage/garden area) shall have been constructed in accordance with the approved details, including those approved under approval of details required by condition application S19/0813.

 

Ongoing Conditions

 

23           Within a period of five years from the first occupation of the final dwelling/unit of the development hereby permitted, any trees or plants provided as part of the approved soft landscaping scheme, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced in the first planting season following any such loss with a specimen of the same size and species as was approved in condition above unless otherwise agreed by the Local Planning Authority.

 

24           The approved surface water drainage system(s) shall be retained and maintained in full in accordance with the approved details.

 

25           The approved arrangements for the parking/turning/manoeuvring /loading /unloading of vehicles within any phase of the development permitted shall be provided before the relevant dwelling is first occupied/the relevant building is first brought into use and shall be kept permanently free for such use at all times thereafter.

Supporting documents: