Agenda item

Land off Leather Lane, Middleton Cheney

Meeting of South Northamptonshire Local Area Planning Committee, Thursday 12th May 2022 2.15 pm (Item 62.)

Decision:

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

Minutes:

The Committee considered application WNS/2021/0931/MAO for outline planning permission for up to 21 dwellings and associated landscaping and parking, with all matters reserved except access at Land off Leather Lane, Middleton Cheney for Lagan Homes Limited.

Seth Williams, the Agent for the Applicant, addressed the Committee in support of the application.

It was proposed by Councillor Ken Pritchard and Seconded by Councillor Anthony Bagot-Webb that the application be approved as per the officer’s recommendations. The motion was put to the vote with six votes cast in favour of the proposal and three cast against, therefore the motion was carried.

In reaching its decision, the Committee considered the officer’s report and presentation, the address of the public speaker, and the written update.

Resolved

(1) That authority be delegated to the Assistant Director – Growth, Climate and Regeneration to grant permission to application WNS/2021/0931/MAO subject to:

1. The completion of a planning obligation under Section 106 of the Town and Country 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 amenity green space and natural and semi-natural green space of £9,531.46

b) Payment of a financial contribution towards off-site playing fields and associated equipment of £924.70 per dwelling (index linked)

c) Payment of a financial contribution towards off-site children’s play area and space for young people of £23,824.95

d) Payment of a financial contribution towards off-site allotment provision or enhancement of £1,390.19 (assuming local facilities or opportunities can be identified)

e) Payment of a financial contribution towards the provision of refuse/recycling bins for the development of £70 per dwelling (index linked)

f) Payment of a financial contribution towards educational infrastructure (early years (if needed) and primary) serving the development based upon multipliers that depend upon the numbers of bedrooms provided, as noted in the report above (Paragraphs 8.61 and 8.64)

g) Payment of a financial contribution towards library infrastructure serving the development based upon multipliers that depend upon the numbers of bedrooms provided, as noted in the report above (Paragraph 8.60)

h) Payment of a financial contribution towards primary health care provision for the development; contribution of £10,676.50

i) Payment of the Council’s monitoring costs of £1000

2. The following conditions as set out below (and any amendments to these 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

2. 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

3. 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 02 ‘Location Plan 1:1250’ received 28^th June 2021

• Drawing A114668 - PRJ01-TTE-00-ZZ-DR-O- 00009 [existing access arrangement] received 25^th January 2022

• A114668 - PRJ01-TTE-00-ZZ-DR-O- 00010 [proposed access arrangement] received 25^th January 2022

• Drawing 01 Rev F ‘Site Plan 1:500’ received 10^th February 2022

• Drawing 05 ‘Parameters Plan’ received 14^th February 2022

• Document 10664_AIA.001 Rev A Arboricultural Impact Assessment prepared by Aspect Arboriculture, dated June 2021, received on 28^th June 2021

• Ecological Appraisal prepared by Aspect Ecology, dated April 2021 and received 28^th June 2021

• Document ‘Surface Water Drainage Strategy’ reference 784-AA114668 prepared by Tetra Tech, dated September 2021 and received 21^st 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.

Accord with Ecological Survey

4. The development hereby permitted shall be carried out in accordance with the recommendations, mitigation and enhancements set out in section 6 Ecological Appraisal, by Aspect Ecology, dated April 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

Protected species check

5. A maximum of two months prior to the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during

this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme.

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.

Landscape and Ecological Management Plan (LEMP)

6. Prior to first commencement of the development hereby approved, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the LEMP shall be carried out in accordance with the approved details.

7. No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include as a minimum:

a) Risk assessment of potentially damaging construction activities;

b) Identification of ‘Biodiversity Protection Zones’;

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);

d) The location and timing of sensitive works to avoid harm to biodiversity features;

e) The times during construction when specialist ecologists need to be present on site to oversee works;

f) Responsible persons and lines of communication; The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;

g) Use of protective fences, exclusion barriers and warning signs

The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

Reason : To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within 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.

Construction management plan

8. 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.

9. Possible condition – to be confirmed by LLFA: Details of surface water drainage scheme

EXAMPLE WORDING:

No development shall take place 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/s wheel 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.

10. Possible condition – to be confirmed by LLFA: Surface water drainage management scheme

EXAMPLE WORDING:

No development shall take place until 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.

Details of access/turning head alterations

11. Prior to the commencement of the development, details of the proposed construction, materials and surfacing of the access road into the site and its junction with Leather Lane, including all alterations required to the turning head within Leather Lane and the affected Public Rights of Way, 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.

Trees

12. No development shall take place until the existing tree(s) to be retained have been protected in accordance with the Tree Protection Plan (Appendix C of the Arboricultural Impact Assessment prepared by Aspect Arboriculture, dated June 2021 and received by the Local Planning Authority 28th June 2021) and a detailed Arboricultural Method Statement as recommended by Paragraph 6.1.1 of the same report, which shall be submitted to and approved in writing by the Local Planning Authority. Any barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development and shall be maintained until all equipment machinery and surplus material has been removed from the site. Nothing shall be stored or placed within the areas protected by the barriers erected in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made, without the written consent of the Local Planning Authority.

Reason : To ensure the continued health of retained trees/hedges and to ensure that they are not adversely affected by the construction works, in the interests of the visual amenity of the area, to ensure the integration of the development into the existing landscape and to comply with Policies SS2 and NE5 of the South Northamptonshire Local Plan 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.

Archaeology

13. In line with the recommendations of the Archaeological Desk-based Assessment prepared by Orion Heritage Ltd and dated May 2021, and received 28^th June 2021, no development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

This written scheme will include the following components, completion of each of which will trigger the phased discharging of the condition:

I. fieldwork in accordance with the agreed written scheme of investigation;

II. post-excavation assessment (to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority);

III. completion of post-excavation analysis, preparation of site archive ready for deposition at a store (Northamptonshire ARC) approved by the Planning Authority, completion of an archive report, and submission of a publication report to be completed within two years of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority.

Reason: To ensure that features of archaeological interest are properly examined and recorded and the results made available, in accordance with NPPF Paragraph 205.

CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVALOR TO BE COMPLIED WITH BY DEVELOPER BEFORE SPECIFIC CONSTRUCTION WORKS TAKE PLACE

Unexpected land contamination

14. 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

15. 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

16. Possible condition – to be confirmed by LLFA: Verification reports re drainage

EXAMPLE WORDING

No occupation shall take place until a Verification Report for the installed surface water drainage system for the site based on the approved Flood Risk Assessment, dated April 2020 prepared by Flood Risk UK 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

17. 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.

CONDITIONS TO BE COMPLIED WITH AT ALL TIMES

Removal of PD rights – extensions [enlargements only]

18. 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

19. 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 any location, at any time, without the prior express planning permission of the Local Planning Authority.

Reason : To ensure that visibility and the openness 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

20. 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.

Use of native species

21. All species used in the planting proposals associated with the development shall be native species of UK provenance.

Reason : To conserve and enhance biodiversity and prevent the spread of non-native species in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within Section 15 of the National Planning Policy Framework.

22. Prior to the commencement of construction activities, a surface water drainage scheme for the site, based on the approved Drainage Strategy- Lagan Homes Ltd dated September 2021(784-AA114668) shall be submitted to the local planning authority for approval in writing. The details of the scheme shall include:

a. detailed designs of all elements of the proposed drainage system, to include, diameters, invert and cover levels, gradients, dimensions. etc.,) This shall also include pipes, inspection chambers, outfalls/inlets and attenuation structures.

b. full and appropriately cross-referenced supporting drainage calculations.

c. cross sections of the control chambers (including site specific levels in mAOD) and manufacturers’ hydraulic curves should be submitted for all hydrobrakes and other flow control devices

23. No 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. The details shall include the following:

a) 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.

b) 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.

c) A site plan including access points, maintenance access easements and outfalls.

d) 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.

e) Details of expected design life of all assets with a schedule of when replacement assets may be required.

Reason: To ensure the future maintenance of drainage systems associated with the development.

24. No occupation shall take place until a Verification Report for the installed surface water drainage scheme for the site based on approved scheme shown in Drainage Strategy-Lagan Homes Ltd dated September 2021(784-AA114668) be 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) As-Built Drawings and accompanying photos

c) Results of any Performance testing undertaken as a part of the application process (if

d) required / necessary)

e) Copies of any Statutory Approvals, such as Land Drainage Consent for Discharges, etc

f) CCTV Confirmation that the system is free from defects, damage and foreign objects.

Reason: To ensure the installed Surface Water Drainage System is satisfactory and in accordance with the approved reports for the development site.

(2) The statutory determination period for this application expires on Friday 13^th May 2022. 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 is further recommended that the Assistant Director – Growth, Climate and Regeneration is given delegated authority to refuse the application 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: