This application was approved at the East Area Planning Committee on 3 February 2016 and subsequently called in.

Proposal:            Erection of 10 x 3-bed dwellings (use class C3) together with associated car parking, cycle and bin storage.  Diversion of public footpath. (Amended plans and description)

Site Address:     Land East of Warren Crescent: 13/01555/CT3

Officer recommendation: to approve the development for the reasons set out within the report and with the conditions below:

Conditions

1.         Development begun within time limit        

2.         Develop in accordance with approved plans       

3.         Samples          

4.         Details of all means of enclosure for the site including the erection of palisade fencing along the boundary with the SSSI to prevent fly tipping

5.         Details of refuse and cycle storage            

6.         Landscape plan required     

7.         Landscape carried out by completion        

8.         No felling lopping cutting    

9.         Tree Protection Plan (TPP) 1          

10.      Arboricultural Method Statement (AMS) 1            

11.      Sustainable Urban Drainage Scheme including detailed design, construction and maintenance plan

12.      Biodiversity enhancements

13.      Method statement for preserving ecology

14.      Arch - Implementation of programme        

15.      Details of the proposed parking areas       

16.      Details of the allotment access       

17.      Amendments to the Traffic Regulation Ord          

18.      Construction Environmental Management Plan including a method statement for preserving ecology during construction            

19.      A Travel Plan Statement      

20.      Details of affordable housing         

21.      Secure by Design Principles          

22.      Sustainability Measures / NRIA      

23.      Removal of permitted development rights            

24.      Scheme of external lighting            

25.      Phase II Contaminated Land Assessment

The Committee considered an application for planning permission for the erection of 10 x 3-bed dwellings (use class C3) together with associated car parking, cycle and bin storage and the diversion of the public footpath on land east of Warren Crescent.

The Committee noted that this application was approved at the East Area Planning Committee on 3 February 2016.  It had subsequently been called in on grounds that the approval of the application puts at risk a highly unique Site of Special Scientific Interest (SSSI) reserve.

The Planning Officer presented the report and briefed the Committee on the main developments since the previous consideration of the application:

·         amended proposals for access to the allotments had been submitted and these had been “road tested” to confirm that there was adequate turning space for agricultural and delivery vehicles.

·         the Council had agreed to fund £8kp.a for a management and maintenance plan for the SUDs.  This would be provided in perpetuity. The costs would be offset from rental income and in the event that any of the properties were sold the Council would seek to impose a service charge. 

Dr Judy Webb, Dr Helen Gavin and Heather Armitage, representing Friends of Lye Valley, spoke against the application.

Richard Puttock (Developer: Peter Brett Associates) and Anthony Harding (Agent: Turley Associates) spoke in support of the application. Alan Wylde, representing the applicant, came to the table to answer questions.

The Committee asked questions of the officers and speakers to clarify a number of matters including but not limited to the following: 

Sustainable Urban Drainage Scheme

The Committee noted the views expressed by the Friends of Lye Valley regarding the hydrology of the site and the potential risks to the SSSI due to the close proximity of the swale, flash flooding and changes to the composition and quality of the surface water run-off.   

In discussion the Committee explored alternative measures, such as tree planting or diversion to the brook, to manage the surface water run-off.  They were advised that Natural England had made it clear that they wanted a Sustainable Urban Drainage scheme and did not countenance other direct drainage options.

Stability of the “made ground”

The Committee expressed concerns about the stability of the housing development site as it was known to be on “made ground”.  The developer gave assurances that this had been addressed in the technical proposals and that the houses were located where the “made ground” was most shallow and the loading of the houses would be through to the natural ground. The planning officer confirmed that this would be a matter for Building Control and that the properties would not receive completion certificates if they did not comply with building regulations.

Impact on the SSSI

On balance the majority of the Committee felt that the concerns about the potential impact on the SSI from accidental pollution by residents, flash flooding or other scenarios were outweighed by the need to provide social housing in the city and recognition of the fact that the statutory consultee had been closely involved in the development of the application, which included a number of measures to mitigate those potential problems.

A motion to approve the application on the terms recommended and with the amendments to the conditions detailed below was carried on being put to the vote.

·         amend Condition 11 as follows:

Sustainable Urban Drainage Scheme including detailed design, construction, monitoring and maintenance plan

·         insert Condition 26:

Prior to the commencement of construction, design of foundations to be submitted for approval to the Local Planning Authority demonstrating that the foundations are anchored below “made ground”.

·         insert Condition 27:

That the applicant be required to undertake a study into the feasibility of introducing a scheme for rainwater harvesting for domestic purposes and to present the evidence to the Local Planning Authority prior to the commencement of construction.

·         include Informative relating to Condition 26:

The Local Planning Authority should consult with Building Control regarding the design of the foundations when submitted for approval.

The Committee resolved to GRANT application 13/01555/CT3 subject to the following conditions and informative:

Conditions

1.         Development begun within time limit        

2.         Develop in accordance with approved plans       

3.         Samples          

4.         Details of all means of enclosure for the site including the erection of palisade fencing along the boundary with the SSSI to prevent fly tipping

5.         Details of refuse and cycle storage            

6.         Landscape plan required     

7.         Landscape carried out by completion        

8.         No felling lopping cutting    

9.         Tree Protection Plan (TPP) 1          

10.      Arboricultural Method Statement (AMS) 1            

11.      Sustainable Urban Drainage Scheme including detailed design, construction, monitoring and maintenance plan

12.      Biodiversity enhancements

13.      Method statement for preserving ecology

14.      Arch - Implementation of programme        

15.      Details of the proposed parking areas       

16.      Details of the allotment access       

17.      Amendments to the Traffic Regulation Ord          

18.      Construction Environmental Management Plan including a method statement for preserving ecology during construction            

19.      A Travel Plan Statement      

20.      Details of affordable housing         

21.      Secure by Design Principles          

22.      Sustainability Measures / NRIA      

23.      Removal of permitted development rights            

24.      Scheme of external lighting            

25.      Phase II Contaminated Land Assessment

26.      Prior to the commencement of construction, design of foundations to be submitted for approval to the Local Planning Authority demonstrating that the foundations are anchored below “made ground”.

27.      Applicant required to undertake a study into the feasibility of introducing a scheme for rainwater harvesting for domestic purposes and to present the evidence to the Local Planning Authority prior to the commencement of construction.

Informative

The Local Planning Authority should consult with Building Control regarding the design of the foundations when submitted for approval.