Agenda item

Approved, subject to various requirements to be set out in the Minutes.

The Committee considered application WNS/2021/0957/MAF for the redevelopment of retirement living accommodation for older people (sixty years of age and/or partner over fifty five years of age) comprising 52 retirement apartments including communal facilities, access, car parking and landscaping at 68 Halse, Road, Brackley, NN13 6EJ for Churchill Retirement Living and NHS Property Services Limited.

 

Rosie Roome, 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/2021/0957/MAF 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) Payment of a financial contribution towards off-site affordable housing of £78,258.51.

b) Payment of a financial contribution towards provision and maintenance of offsite open space (parks & gardens) of £14,966.49 (index linked).

c) Payment of a financial contribution towards library infrastructure serving Brackley of £7,109.00 (index linked).

d) Payment of the Council’s monitoring costs of £1,000.00.

 

2.    No objections being raised by the Lead Local Flood Authority to the proposed drainage strategy for the development;

 

3.    The following conditions (and any amendments to those conditions as deemed necessary):

 

CONDITIONS

 

Time Limit

 

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

    

     Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Approved plans and documents

 

2.  The development shall not be carried out otherwise than in complete accordance with the approved plans and details unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended). The approved plans and details are:

    

     Site Location Plan (drawing ref: 40037BK-PA01), received by the Local Planning Authority on 1st July 2021

    

     Proposed Site Plan (drawing ref: 40037BK-PA02 rev A)

     Proposed Ground Floor Plan (drawing ref: 40037BK-PA03 rev A)

     Proposed First Floor Plan (drawing ref: 40037BK-PA04 rev A)

     Proposed Second Floor Plan (drawing ref: 40037BK-PA05 rev A)

     Proposed Roof Plan + distance drawing (drawing ref: 40037BK-PA06 rev A)

     Elevations sheet 1 (drawing ref: 40037BK-PA07 rev A)

     Elevations sheet 2 (drawing ref: 40037BK-PA08 rev A)

    

     All received by the Local Planning Authority on 15th November 2021

    

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

 

3.  The development hereby permitted shall be carried out in accordance with the recommendations, mitigation and enhancements set out in section 3&4 and Appendix 1 of the Ecological Assessment (14074_R01a_LT_HM), by Tyler Grange, dated 24th June 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.         

 

4.  The development shall be carried out in accordance with the Construction Environmental Management Plan (CEMP) received by the Local Planning Authority on 12th November 2021 (ref: 40037BK rev C). The approved CEMP shall be adhered to throughout the construction period.

    

     Reason: To protect the amenities of nearby residents and to comply with Policy SS2 of the South Northamptonshire Local Plan Part 2.

    

Levels

 

5.  No development other than demolition shall take place until details of all finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed in accordance with the approved levels.

    

     Reason: In order to safeguard the visual amenities of the area in accordance with advice within Section 12 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.

 

Contamination

 

6.  No development other than demolition shall take place until a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be 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’ has been submitted to and approved in writing by the Local Planning Authority. No development other than demolition 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 Part 2, 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.

    

7.  If contamination is found by undertaking the work carried out under condition 6 then no development other than demolition shall take place until 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 submitted to and approved in writing by the Local Planning Authority. No development other than demolition 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.

    

Ecology

 

8.  If the development hereby approved does not commence by 17th July 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 bats and breeding birds. 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.

 

     Fire hydrants

 

9.  No above ground works shall take place until a scheme and timetable detailing the provision of fire hydrants and/or sprinkler systems and their associated infrastructure has been submitted to and approved in writing by the Local Planning Authority. The fire hydrants and/or sprinkler systems and associated infrastructure shall thereafter be provided in accordance with the approved scheme and timetable.

    

     Reason: To ensure adequate water infrastructure provision is made on site for the local fire service to tackle any property fire.  

    

Unexpected contamination

 

10. 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 Part 2, Policy BN9 of the West Northamptonshire Joint Core and Section 15 of the National Planning Policy Framework.

    

Drainage

 

11.  Prior to the construction above slab level, a scheme for on-site foul water drainage works, including connection point and discharge rate, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of the development hereby permitted, the foul water drainage works must have been carried out in complete accordance with the approved scheme.

    

     Reason: To prevent environmental and amenity problems arising from flooding and to accord with Sections 14 and 15 of the National Planning Policy Framework.

    

12.  Before any above ground works commence full details of the surface water drainage scheme for the site, based on the Flood Risk and Drainage Technical Note prepared by AWP dated 28th Octover 2021 shall 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.

     b) Details of the drainage system are to be accompanied by full and appropriately cross-referenced supporting calculations demonstrating that there is no surcharge in the system for the 1 in 1 year, no above ground flooding for the 1 in 30 year, and that any above-ground flooding for 1 in 100 year storm is limited to areas designated and safe to flood, away from sensitive infrastructure or buildings.

     c) Full details of Permeable paving

     d) Cross sections of all control chambers (including site specific levels mAOD) and manufacturers’ hydraulic curves for all hydrobrakes and any other flow control devices.

    

     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.

    

13.  No above ground development shall take place until a detailed scheme for the ownership and maintenance for 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. Details are required of which organisation or body will be the main maintaining body where the area is multifunctional (e.g. open space play areas containing SuDS) with evidence that the organisation/body has agreed to such adoption. The scheme shall include; a maintenance schedule setting out which assets need to be maintained, at what intervals and what method is to be used;a site plan including access points, maintenance access easements and outfalls; maintenance operational areas to be identified and shown on the plans to ensure there is room to gain access to the asset, maintain it with appropriate plant and then handle any arisings generated from the site and details of expected design life of all assets with a schedule of when replacement assets may be required

    

     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

    

Landscaping

 

14.  A scheme for landscaping the site shall be provided to and approved in writing by the Local Planning Authority which shall include:

    

     (a) details of the proposed tree and shrub planting including their species, number, sizes and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment i.e. depth of topsoil, mulch etc),

     (b) details of the existing trees and hedgerows to be retained as well as those to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

     (c) details of the hard landscaping including hard surface areas, pavements, pedestrian areas and steps,

     (d) details of all boundary treatments.

    

     Such details shall be provided prior to the development progressing above slab level or such alternative time frame as agreed in writing by the developer and the Local Planning Authority.

    

     Reason: To ensure that a satisfactory landscape scheme is provided in the interest of well planned development and visual amenity and to accord with Policy SS2 of the South Northamptonshire Local Plan Part 2 and Government guidance contained within the National Planning Policy Framework.

    

15.  All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or on the completion of the development, whichever is the sooner, and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

    

     Reason : To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with Policy SS2 of the South Northamptonshire Local Plan Part 2 and Government guidance contained within the National Planning Policy Framework.

 

Materials

 

16.  Samples of the tiles (including ridge tiles) to be used in the covering of the roof of the building(s) shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works.  The development shall be carried out in accordance with the samples so approved.

    

     Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policy SS2 of the South Northamptonshire Local Plan Part 2 and Policy and Government guidance contained within the National Planning Policy Framework.

    

17.  Those external walls to be finished in stone shall be constructed in natural limestone which shall be laid, dressed, coursed and pointed using a lime based mortar with brushed or rubbed joints in accordance with a sample panel (minimum 1 metre squared in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority before the stonework is commenced.  The sample panel shall be constructed in a position that is protected and readily accessible for viewing in good natural daylight from a distance of 3 metres. The panel shall be retained on site for the duration of the construction contract.

    

     Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policies SS2 of the South Northamptonshire Local Plan Policy and Government guidance contained within the National Planning Policy Framework

 

18.  Samples of the bricks to be used in the construction of those walls to be finished in brick shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of those works. The development shall be carried out in accordance with the samples so approved.

    

     Reason: To ensure that the materials are appropriate to the appearance of the locality and to ensure the satisfactory appearance of the completed development in accordance with Policies SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

 

External appearance

 

19.  Notwithstanding the details shown on the approved plans, further details of the architectural detailing of the exterior of the development, including the windows and doors and their colour, surrounds, reveals, lintels and cills; the porches and canopies; chimneys and rainwater goods; together with the eaves and verge treatment shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the building above slab level.  The development shall thereafter be carried out in accordance with the approved details.

    

     Reason: In order to safeguard the visual amenities of the area and to ensure a high-quality design which is compatible and integrated  with its surroundings and the distinctive local character of the area in accordance with the National Planning Policy Framework, Policy SS2 of the South Northamptonshire Local Plan (Part 2) and the Council's adopted Design Guide.

    

20.  Full details of the siting, appearance and colour of any electricity or gas supply meter housings to be located on the external elevations of the buildings shall be submitted to and approved by the Local Planning Authority prior to the installation of any such housings. The development shall thereafter be carried out in accordance with the approved details

    

     Reason:  In order to safeguard the visual amenities of the area and to ensure a high-quality design which is compatible and integrated  with its surroundings and the distinctive local character of the area in accordance with the National Planning Policy Framework, Policy SS2 of the South Northamptonshire Local Plan (Part 2) and the Council's adopted Design Guide.

    

     Lighting

 

21.  No external lighting shall be installed until details including the design, position, orientation and any screening of the lighting has been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed and operated in accordance with the approved scheme at all times thereafter.

    

     Reason:  To protect the amenities of nearby residents and to comply with Policy SS2 of the South Northamptonshire Local Plan Part 2.

    

Noise

 

22.  A scheme for the suitable treatment of the proposed substation against the transmission of sound and/or vibration shall be submitted to and approved in writing by the Local Planning Authority prior to the installation of the substation and the measures implemented in accordance with the approved scheme at all times whilst the building is in use for the purposes hereby permitted.

    

     Reason: To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with Policy SS2 of the South Northamptonshire Local Plan Part 2.

    

 

23.  Prior to the occupation of the residential units a scheme for achieving the external and internal noise levels outlined in BS8233:2014 and World Health Organisation Guidelines shall have been submitted and approved in writing by the Local Planning Authority, and the approved scheme implemented. Thereafter it shall be maintained in the approved state at all times with no alterations made to the approved structures including roof, doors, windows and external facades, layout of the units or noise barriers.

    

     Reason: In the interest of safeguarding residential amenity and reducing pollution in accordance with Policy BN9 of

     the West Northamptonshire Joint Core Strategy.

 

     EV charging

 

24.  Prior to occupation of the development hereby approved 2no. electric vehicle charging points shall be provided on the site.

    

     Reason: To comply with Policy S10 of the West Northamptonshire Joint Core Strategy, 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.

    

Remediation

 

25.  If remedial works have been identified in condition 7, the development shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 7. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

    

     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 Part 2, Policy BN9 of the West Northamptonshire Joint Core and Section 15 of the National Planning Policy Framework.

    

Parking

 

26.  The vehicle parking hereby approved shall be provided prior to first occupation of the development hereby approved and shall be permanently set aside and reserved for that purpose and no other purpose whatsoever.

    

     Reason: In the interests of highway safety, to ensure the provision of adequate off-street car parking to comply with Policy SS2 of the South Northamptonshire Local Plan and Government guidance in Section 12 of the National Planning Policy Framework.

    

Boundary treatment

 

27.  Notwithstanding the approved plans full details of all enclosures (including any gates) along all boundaries and within the site shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development. Such approved means of enclosure shall be erected prior to the first occupation of the apartments.

    

     Reason: To ensure the satisfactory appearance of the completed development, to safeguard the privacy  and security of the occupants of the apartments and to comply with Policy SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

 

Obscured windows

 

28.  The first-floor windows on "elevation AA" annotated as "obscured windows" on the approved drawings shall be obscure glazed, using manufactured obscure glass, (not an applied adhesive film) before the development is first occupied and shall be permanently retained as such thereafter. They shall also be non-opening, unless those parts which can be opened are more than 1.7m above the floor of the room in which it is installed, and shall be permanently retained as such thereafter.

    

     Reason: To ensure that the amenities of the adjoining occupier(s) are not adversely affected by loss of privacy in accordance with Policy SS2 of the South Northamptonshire Local Plan.

 

     Occupancy restriction

 

29.  The development hereby approved shall be occupied only by person(s) over the age of 60 (with or without a partner over 55 years of age).

    

     Reason: To ensure adequate parking is provided on site in accordance with policy SS2 of the South Northamptonshire Local Plan Part 2.

    

Hours of construction

 

30.  No construction work including site clearance and delivery of materials shall be carried out except between the hours of 08:00 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 and to comply with  Policy SS2 of the South Northamptonshire Local Plan Part 2.