Agenda item

Proposal: Section 73 application to vary Condition 2 (Approved Plans) of planning permission S22/2308 (Erection of 21 affordable dwellings with associated access, landscaping, parking and cycle storage provision)

Location: Land rear of Larch Close and Shaw Road, Grantham

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions

 

Proposal: Section 73 application to vary Condition 2 (Approved Plans) of planning permission S22/2308 (Erection of 21 affordable dwellings with associated access, landscaping, parking and cycle storage provision)

Location: Land rear of Larch Close and Shaw Road, Grantham

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions.

 

Together with:

 

·       Provisions within South Kesteven Local Plan 2011-2036, Design Guidelines for Rutland and South Kesteven Supplementary Planning Document, National Planning Policy Framework (NPPF) and South Kesteven Local Plan Review 2021 – 2041.

·       Comments received from Anglian Water.

·       No comments received from Cadent Gas.

·       No comments received from Gardens Trust.

·       No comments received from Grantham Town Council.

·       No comments received from Historic England.

·       No comments received from Lincolnshire County Council (Education).

·       Comments received from Lincolnshire County Council (Highways & SuDS).

·       No comments received from Ministry of Defence (Defence Infrastructure Organisation).

·       No comments received from National Highways.

·       No comments received from NHS Lincolnshire Integrated Care Board.

·       No comments received from SKDC Environmental Protection.

 

During questions to officers and debate, Members commented on the following:

 

·       Clarification was sought on whether the access road was being adopted or not and how this would affect any long-term maintenance of the road.

·       Whether there were any risks of future ransom scenarios.

 

The Officer confirmed that if the road was adopted, Lincolnshire County Council would be responsible for it. However, in this case, the road would be privately maintained by the Council as the developer. The Council would be held responsible for the road, subject to the payment code providing security that it would be maintained appropriately.

 

·       Whether any play equipment could be included within a grassed area of the site.

 

The Assistant Director of Planning and Growth clarified the proposed application was a material minor amendment to the original scheme.

 

·       A query was raised in relation to the bund and whether any form of landscaping and planting would take place.

 

It was confirmed a soft landscaped bund as opposed to a soil bund had been proposed.

 

Final Decision:

 

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions:

 

Time Limit for Commencement

 

1)    The development hereby permitted shall be commenced before the expiration of three years from the date of planning permission S22/2308.

 

Reason: In order that the development is commenced in a timely manner as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

 

Approved Plans

 

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

 

a.    Proposed Site Plan (Ref: 2860/P101/Rev H)

b.    Bungalow – Plots 1 and 2 (Ref: 2860/P200/Rev E)

c.     House – Plots 3-6 (Ref: 2860/P201/Rev C)

d.    House – Plots 7-8 (Ref: 2860/P204/Rev A)

e.    Apartments – Plots 9-21 (Ref: 2860/P202/Rev C)

 

Unless otherwise required by another condition of this permission.

 

Reason: To define the permission and for the avoidance of doubt.

 

Before the Development is Commenced

 

Archaeological Investigation

 

3)    Before the development hereby permitted is commenced, the archaeological investigations shall be completed in accordance with the Written Scheme of Archaeological Investigation approved under S25/0019, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to provide a reasonable opportunity to record the history of the site and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

 

Construction Management Plan

 

4)    No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan and Statement shall include measures to mitigate against any adverse impacts during the construction stages of the permitted development and shall include:

 

a.    The phasing of the development, including access construction

b.    The on-site parking of all vehicles of site operatives and visitors

c.     The on-site loading and unloading of all plant and materials

d.    The on-site storage of all plant and materials used in constructing the development

e.    Dust suppression measures

f.      Wheel washing facilities

g.    A strategy stating how surface water runoff on and from the development will be managed during construction, and protection measures for any sustainable drainage features. This should include drawing(s) showing how the drainage systems (temporary or permanent) connect to an outfall (temporary or permanent) during all construction works.

 

The Construction Management Plan and Method Statement shall be strictly adhered to throughout the construction period.

 

Reason: In the interests of the residential amenity of the neighbouring properties.

 

Drainage Strategy

 

5)    Before the development hereby permitted is commenced, a scheme for the treatment of surface water drainage shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be based on the Proposed Drainage Strategy (Ref: B24598-JNP-92-XX-DR-C-2002-P01) and the details must:

 

a.    Be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development

b.    Provide flood exceedance routing for storm events greater than the 1 in 100 year event.

c.     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 runoff rate for the undeveloped site.

d.    Provide attenuation details and discharge rates which shall be restricted to 2 litres per second.

e.    Provide details of the timetable for and any phasing of implementation for the drainage scheme; and

f.      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.

 

Thereafter, no dwelling shall be occupied until the approved scheme has been completed or provided on site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full, in accordance with the approved details.

 

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, or upstream of, the permitted development.

 

During Building Works

 

Materials details

 

6)    No development above damp proof course of each building hereby permitted shall begin until a detailed specification of the materials (including the colour of any render, paintwork or colourwash) to be used in the construction of the external surfaces of the building have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted Local Plan.

 

Sustainable Building

 

7)    No development above damp-proof course shall take place until details demonstrating how the proposed dwellings would comply with the requirements of Local Plan Policy SB1 have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of how carbon dioxide emissions would be minimised through the design and construction of the development, details of water efficiency; and the provision of electric car charging infrastructure.

 

The approved sustainable building measures shall be competed in full for each dwelling / unit in accordance with the agreed scheme, prior to the first occupation of each dwelling / unit hereby permitted.

 

Reason: To ensure that the development mitigates against, and adapts to, climate change in accordance with Policy SB1 of the South Kesteven Local Plan.

 

Construction Hours

 

8)    Construction work on site shall only be carried out between the hours of 0730 and 1800 Monday to Friday, and 0900 and 1300 on Saturdays. Construction work shall not be carried out on Sundays or Public Holidays, unless otherwise agreed in writing by the Local Planning Authority.

 

The term “construction work” shall include all mobile and fixed plant and machinery, radios and the delivery of materials.

 

Reason: To minimise noise impacts on the adjacent residential dwellings.

 

Ecological Mitigation

 

9)    All works on site, including construction works, shall be carried out in accordance with the recommendations contained within the Preliminary Ecology Report (Andrew Chick) (Dated June 2021), including the installation of bat and bird roosting boxes.

 

The scheme of roosting boxes are to be installed on site prior to the first occupation of the development, and shall be retained for the lifetime of the development.

 

Reason: In the interests of best ecological practice and in accordance with Policy EN2 of the adopted South Kesteven Local Plan 2011-2036.

 

Previously Unidentified Contamination

 

10)Should the developer, during excavation and construction works of the approved development site, find any area where it is suspected that the land is contaminated, then all works must stop and the Local Planning Authority notified immediately. An investigation and risk assessment must be undertaken, and where remediation is necessary, a remediation scheme must be prepared in accordance with current good practice and legislation, and submitted to and approved in writing by the Local Planning Authority.

 

Thereafter, the approved remediation scheme shall be implemented in accordance with the approved details. Following the completion of measures identified in the approved remediation scheme, a verification report must be prepared, which is subject to the approval in writing by the Local Planning Authority, prior to first occupation of the dwellings hereby permitted.

 

Reason: Previous activities within the site may have caused, or had the potential to cause, land contamination and to ensure that any site investigation and remediation will not cause pollution, in the interests of the amenities of future residents and users of the development, and in accordance with Local Plan Policy EN4.

 

Before the Development is Occupied

 

Noise Mitigation Implementation and Validation Testing

 

11)Before each dwelling hereby permitted is occupied, the noise mitigation measures identified for that dwelling in the Noise Impact Assessment (PEAK Acoustics) (Ref: 1110243NR) (Dated December 2024) shall be implemented in accordance with the approved details.

 

Thereafter, before each dwelling is occupied, a verification report that scientifically and technically demonstrates the effectiveness of the noise mitigation, shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To protect the residential amenity of future occupiers of the development.

 

Shaw Road Pedestrian Crossing

 

12)No part of the development hereby permitted shall be occupied before the works to improve the public highway (by means of an uncontrolled pedestrian crossing connecting people from Shaw Road over Trent Road) has been certified complete by the Local Planning Authority.

 

Reason: To ensure safe means of connectivity to the permitted development.

 

Estate Road Surface Levels

 

13)Before any dwelling hereby permitted is occupied, all of that part of the estate road and associated footways that form the junction with Shaw Road, and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details that shall first be submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period of time at dissimilar, interim construction levels.

 

Materials Implementation

 

14)Before any dwelling hereby permitted is occupied, the external materials for that building must have been completed in accordance with the approved external materials details.

 

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

Hard Landscaping Implementation

 

15)Before any part of the development hereby permitted is occupied, all hard landscaping works shall have been completed in accordance wit the approved details.

 

Reason: Hard landscaping makes an important contribution to development and its assimilation with its surroundings, and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

Contamination Verification

 

16)The development hereby permitted shall not be occupied or brought into use until a verification report has been submitted to and approved in writing by the Local Planning Authority. The report shall include, unless otherwise agreed in writing:

 

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

b.    As built drawings of the implemented scheme

c.     Photographs of the remediation works in progress; and

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

 

Thereafter, the scheme shall be monitored and maintained in accordance with the approved remediation scheme.

 

Reason: Previous activities associated with this site may have caused, or had the potential to cause, land contamination and to ensure that the proposed site investigations and remediation will not cause pollution in the interests of future residents and users of the development, and in accordance with Policy EN4 of the adopted South Kesteven Local Plan.

 

Ongoing

 

Soft Landscaping Implementation

 

17)Before the end of the first planting / seeding season following the first occupation of the development hereby permitted, all soft landscaping works shall have been carried out in accordance with the approved soft landscaping scheme.

 

Reason: Soft landscaping makes an important contribution to the development and its assimilation with its surroundings, and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

Soft Landscaping Protection

 

18)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, that 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, unless otherwise agreed by the Local Planning Authority.

 

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping, in accordance with the approved designs and in accordance with Policy DE1 of the adopted Local Plan.