Decision:
Approved, subject to various requirements to be set out in the Minutes.
Minutes:
The Committee considered application WNS/2021/0963/MAO relating to the Outline application - Re-development of brownfield site comprising demolition of existing Fox Lane Meeting Hall and erection of up to 18 dwellings with associated access, parking, landscape, and infrastructure (access) at Trust Meeting Hall, Fox Lane, Brackley, NN13 6BG for Unistruct Ltd c/o Fox Lane Gospel Hall Trust.
Marta Brzezinska, agent for the applicant, addressed the Committee in support of the application.
In reaching its decision, the Committee considered the officer’s report and presentation, the address of the public speaker, and the written updates.
Resolved
(1) That authority be delegated to the Assistant Director – Growth, Climate and Regeneration to grant permission for application WNS/2021/0963/MAO subject to:
1. The completion of a Planning Obligation under Section 106 of the Town and County Planning Act 1990 (as substituted by the Planning and Compensation Act 1991) to secure the following (and any amendments as deemed necessary:
a) Provision of 40% affordable housing on site
b) Payment of a financial contribution towards off-site amenity green space and natural and semi-natural green space of £8,169.82
c) Payment of a financial contribution towards off-site playing fields and associated equipment of £924.70 per dwelling (index linked)
d) Payment of a financial contribution towards off-site children’s play area and space for young people of £20,421.38
e) Payment of a financial contribution towards off-site allotment provision or enhancement of £1,191.59 (assuming local facilities or opportunities can be identified)
f) Payment of a financial contribution towards the provision of refuse/recycling bins for the development of £70 per dwelling (index linked)
g) Payment of a financial contribution towards educational infrastructure of £103,398, including both early years services and primary education services, assuming local early years services do not have capacity (calculated using multipliers per dwelling, index linked)
h) Payment of a financial contribution towards library infrastructure serving the development of £3,593 (calculated using multipliers per dwelling, index linked).
i) Payment of a financial contribution towards primary health care provision for the development, amount to be ascertained with the Care Commissioning Group (CCG), calculated per dwelling (index linked)
j) Payment of the Council’s monitoring costs of £1000
2. The following conditions (and any amendments to those conditions as deemed necessary):
CONDITIONS
TIME LIMIT & GENERAL IMPLEMENTATION CONDITIONS
Time Limit (outline)
Reason: to comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 5(1) of the Town and Country Planning (General Development Procedure) Order 2015 (as amended).
Reserved matters
Reason : To comply with the provisions of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004, and Article 6 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).
Compliance with Plans
· Drawing 18285 1000 Site Location Plan received 2nd July 2021
· Drawing 18929-FXLN-5-SK003-B in respect of car/refuse tracking and access only, received 28th September 2021
Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and comply with Government guidance contained within the National Planning Policy Framework.
Dwelling heights
Reason - In order to achieve a satisfactory form development that is in keeping with the character of the area and complies with policy SS2 of the South Northamptonshire Local Plan.
Accord with Ecological Survey
Reason: To protect habitats and/or species of importance to nature conservation from significant harm in accordance with the Government's aim to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.
CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BEFORE ANY DEVELOPMENT COMMENCES
Updated species survey
Reason: To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.
Biodiversity enhancement
Reason: To protect habitats of importance to biodiversity conservation from any loss or damage in accordance Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within Section 15 of the National Planning Policy Framework.
Construction management plan
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
Reason – To protect the amenities of nearby residents and to comply with Policy SS2 of the South Northamptonshire Local Plan.
Details of surface water drainage scheme
a) details (i.e. designs, diameters, invert and cover levels, gradients, dimensions and so on) of all elements of the proposed drainage system, to include pipes, inspection chambers, outfalls/inlets and attenuation basins. Details of the drainage system are to be accompanied by full and appropriately cross-referenced supporting calculations.
b) Cross sections of all control chambers (including site specific levels mAOD) and manufacturers’ hydraulic curves for all hydrobrakes and any other flow control devices.
c) Confirmation that the receiving highway drain is in a suitable condition and has the capacity to accept the proposed flow of 1.6 l/swheel washing facilities;
Reason: To reduce the risk of flooding both on and off site in accordance with the NPPF and Policy BN7 of the Core Strategy for West Northamptonshire by ensuring the satisfactory means of surface water attenuation and discharge from the site.
Details of maintenance and upkeep of surface water drainage scheme
Reason: In order to ensure that the drainage systems associated with the development will be maintained appropriately and in perpetuity, to reduce the risk of flooding due to failure of the drainage system.
Land contamination – desk study
a) a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been carried out by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’, and
b) has been submitted to and approved in writing by the Local Planning Authority.
No development shall take place except until the Local Planning Authority has given its written approval that it is satisfied that no potential risk from contamination has been identified.
Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use to comply with Policy SS2 of the South Northamptonshire Local Plan, Policy BN9 of the West Northamptonshire Joint Core Strategy and Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.
Land contamination – intrusive investigation
a) a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present has been carried out;
b) the risks to receptors and to inform the remediation strategy proposals has been
c) documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and
d) both (a) and (b) above has been submitted to and approved in writing by the Local Planning Authority.
No development shall take place unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.
Reason: To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Policy SS2 of the South Northamptonshire Local Plan, Policy BN9 of the West Northamptonshire Joint Core and Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.
Land contamination – remediation scheme
a) a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use has been prepared by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and
b) has been submitted to and approved in writing by the Local Planning Authority.
No development shall take place until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.
Reason: To ensure that any ground and water contamination is adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Policy SS2 of the South Northamptonshire Local Plan, Policy BN9 of the West Northamptonshire Joint Core and Section 15 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.
CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE SPECIFIC CONSTRUCTION WORKS TAKE PLACE
Public right of way works
Reason : To comply with Policy SS2 of the South Northamptonshire Local Plan and Government guidance in Section 12 of the National Planning Policy Framework.
Unexpected land contamination
Reason - To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Policy SS2 of the South Northamptonshire Local Plan
Fire hydrants
Reason : To ensure adequate water infrastructure provision is made on site for the local fire service to tackle any property fire in accordance with Government Guidance contained within the National Planning Policy Framework.
CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE OCCUPATION
Verification reports re drainage
a) Any departure from the agreed design is keeping with the approved principles
b) Any As-Built Drawings and accompanying photos
c) Results of any Performance testing undertaken as a part of the application process (if required / necessary)
d) Copies of any Statutory Approvals, such as Land Drainage Consent for Discharges etc.
e) CCTV Confirmation that the system is free from defects, damage and foreign objects.
Reason – To ensure the installed Surface Water Drainage System is satisfactory, complies with policy SS2 of the Development Plan, and is accordance with the approved reports for the development site.
EV Charging Points
Reason : To comply with Policy S10 of the West Northamptonshire Joint Core Strategy and Policy INF4 of the South Northamptonshire Local Plan Part 2, and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework.
Details of estate road construction
Reason - To ensure that an adequate and safe access is provided to the site in accordance with policy SS2 of the South Northamptonshire Local Plan.
CONDITIONS TO BE COMPLIED WITH AT ALL TIMES
Removal of PD rights – extensions [enlargements only]
Reason : Taking into account the density of the site it is considered to be in the public interest to ensure the merits of future proposals can be assessed by the Local Planning Authority so that the amenities of the adjacent occupiers are not adversely affected in accordance with Policy SS2 of the South Northamptonshire Local Plan and Section 12 of the National Planning Policy Framework.
Removal of PD rights – fencing/walls/gates etc
Reason : To ensure that visibility across the site is protected in the interests of public and visual amenity in accordance with policy SS2 of the Local Plan and Government guidance contained within the National Planning Policy Framework.
Prohibited working hours during construction
Reason : In order to protect the amenities of occupiers of nearby properties from noise outside normal working hours.
(2) The statutory determination period for this application expires on 10 December 2021. If the Section 106 Agreement/Undertaking is not completed and the permission is not able to be issued by this date and no extension of time has been agreed between the parties, it be further resolved that authority be delegated to the Assistant Director – Growth, Climate and Regeneration to refuse application WNS/2021/0963/MAO for the following reason:
Supporting documents: