Agenda item

Trust Meeting Hall, Fox Lane, Brackley, NN13 6BG

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)

 

  1. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved whichever is the later.

 

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

 

  1. Details of the layout, scale, appearance and landscaping (hereafter referred to as 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.

 

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

 

  1. Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the following plans and documents:

 

·         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

 

  1. The new dwellings to be constructed as part of the proposal receiving outline consent as part of this application shall be no more than two-and-a-half storeys in scale.

 

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

 

  1. The development hereby permitted shall be carried out in accordance with the recommendations and mitigation set out in section 5 of the Preliminary Ecological Appraisal by Griffin Ecology dated August 2021, unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

  1. If the development hereby approved does not commence by 1st September 2023, a revised protected species survey shall be undertaken prior to the commencement of the development to establish changes in the presence, abundance and impact on protected species. The survey results, together with any necessary changes to the mitigation plan or method statement shall be submitted to and approved in writing the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

 

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

 

  1. A method statement for enhancing biodiversity shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. Thereafter, the biodiversity enhancement measures approved shall be carried out prior to occupation and retained in accordance with the approved details.

 

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

 

  1. 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

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

 

  1. No development shall take place except of site clearance until a detailed design of surface water drainage scheme for the site based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development should be submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include:

 

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

 

  1. No development shall take place except of site clearanceuntil a detailed scheme for the maintenance and upkeep of every element of the surface water drainage system proposed on the site has been submitted to and approved in writing by the Local Planning Authority and the maintenance plan shall be carried out in full thereafter. This scheme shall include details of any drainage elements that will require replacement within the lifetime of the proposed development.

 

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

 

  1. No part of the development hereby permitted shall take place until:

 

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

 

  1. If a potential risk from contamination is identified as a result of the work carried out under condition 8 above, then no part of the development hereby permitted shall take place until:

 

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

 

  1. If contamination is found by undertaking the work carried out under condition 9, then no development hereby permitted shall take place until

 

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

 

  1. Prior to the commencement of any works affecting any existing public right of way full details of any diversion or closure shall be submitted to and gain the approval of the local planning authority.

 

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

 

  1. If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

 

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

 

  1. Full details of the fire hydrants to be provided or enhanced on the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any above ground works. Thereafter and prior to the first occupation of the development, the fire hydrants shall be provided or enhanced in accordance with the approved details and retained as such thereafter.

 

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

 

  1. ‘No occupation shall take place until a Verification Report for the installed surface water drainage system that was approved by Condition 9 has been submitted in writing by a suitably qualified independent drainage engineer and approved by the Local Planning Authority. The details shall include:

 

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

 

  1. No dwelling hereby permitted (with a garage or driveway) shall be occupied until it has been provided with electric charging equipment of AC Level 2 (or equipment providing for no lesser standard of efficiency) to serve that dwelling.

 

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

 

  1. Prior to the occupation of any dwelling, details of the proposed construction, materials and surfacing of the access road into the site, including the bend with 18m of forward visibility, and its junction with the public highway (Fox Lane) shall have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details before first occupation of the dwellings and thereafter permanently maintained as such.

 

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]

 

  1. Notwithstanding the provisions of Classes A-D inclusive of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no enlargement of any dwellinghouse shall be undertaken at any time without the prior planning permission of the Local Planning Authority.

 

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

 

  1. Notwithstanding the provisions of Class A of Part 2, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no gate, fence, wall or other means of enclosure shall be erected, constructed or placed in front of the front wall of any dwelling and the highway, or the flank wall of a dwelling at the junction of two roads, at any time, without the prior express planning permission of the Local Planning Authority.

 

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

 

  1. No construction work including site clearance and delivery of materials shall be carried out except between the hours of 07.30 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturdays and at no times on Sundays, Bank and Public Holidays.

 

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:

 

  1. In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposal provides for facilities, infrastructure or affordable housing provision that would be required as a result of the development. This is to the detriment of both existing and proposed residents and contrary to Policy INF2 of the adopted West Northamptonshire Joint Core Strategy. Policy INF2 permits new developments only where the on and off-site infrastructure necessary to support it and mitigate its impact can be provided through a reliable mechanism (such as a unilateral undertaking or other form of Section 106 legal agreement).

 

 

 

 

 

 

Supporting documents: