2019_10_17_00018100_2019-0516-VCON Clipstone Road

PLANNING COMMITTEE REPORT Application Number Date Received Date of Expiry Case Officer Ward Ward Councillor Committee Date 2019/0516/VCON 7th August 2019 6th November 2019 Clare Cook Newlands Councillor Sid Walker 17th October 2019 Site Address: Proposal: Land South Of Clipstone Road East Forest Town Nottinghamshire VARIATION OF CONDITIONS - (APPEARANCE, LANDSCAPING, LAYOUT AND SCALE) (PLANS) (APPROVED DOCUMENTS) AND 13 (ACCESS ARRANGEMENTS) ON PLANNING PERMISSION 2014/0248/NT - OUTLINE PLANNING APPLICATION INCLUDING AN ACCESS OFF CLIPSTONE ROAD EAST TO PROVIDE UP TO 313 DWELLINGS TOGETHER WITH ASSOCIATED ROADS AND SEWERS AND ANCILLARY LOCAL PUBLIC OPEN SPACE Sherwood Oak Homes Ltd Applicant: RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS DESCRIPTION OF PROPOSAL AND APPLICATION SITE This application has been referred to the Planning Applications Committee as it has received more than public objections This is a variation of condition application which seeks to vary the following conditions of planning permission 2014/0248/NT: Condition - to allow for the development to be undertaken within phases Condition - to amend the plan condition to reflect the updated access arrangements and to include a masterplan and phasing plan as an approved plan Condition - to delete condition as it repeats the requirements of condition Condition 13 - to amend the plan within the condition to reflect the updated access arrangements Permission 2014/0248/NT was granted on 20 th September 2018 as an outline planning permission including access for 313 dwellings together with roads and sewers and ancillary public open space The site is currently in agricultural use and forms the western part of two fields to the south of Clipstone Road East, located between Crown Farm Way to the east and residential properties to the west The fields are divided by a public right of way which forms the eastern boundary of the site The southern boundary of the site is also adjoined by a public right of way This variation of condition application has been necessary as further work has been undertaken in respect of the highway and drainage arrangements (although drainage is controlled via planning condition) and accordingly the amended plans need further approval via the material minor amendment process Furthermore as the development is going to be implemented in phases the conditions relating to implementation should reflect this and as a consequence it is necessary to approve a phasing and a masterplan for the whole development that will guide the overall development of the site The application per se, with the exception of amended access details has not changed from the extant planning permission 2014/0248/NT It remains an outline planning application for a maximum of 313 dwellings and the site area remains the same as the red line area approved under the 2018 permission All of the planning contributions as defined in the 2018 permission would remain the same; a Deed of Variation to the original Section 106 Agreement will be required This application does see the inclusion of a site wide masterplan which denotes the principles of the internal road layout, drainage and public open space along with connections to the wider area A phasing plan has also been included to demonstrate the various phases in which the development will come forward The access to the site has been amended slightly to delete the deceleration lane on Clipstone Road for traffic turning left into the site and the left and right turns out of the site have been simplified into a give way junction The junction radii have been updated and the carriageway width within the site has been reduced to 6.75m The proposed right turn lane into the site has been retained but now includes traffic splitter islands either side of the site entrance to protect waiting traffic Throughout the course of the application amendments have been made to the masterplan to reflect the revised scheme on the adjacent site (application 2017/0523/FUL); these amendments have been consulted upon A further amendment was submitted in respect of the access plan which sees the deletion of a pedestrian crossing point from the eastern splitter island due to a clash with the existing bus stop on the north side of Clipstone Road This has not been subject to public consultation as it relates to technical approval rather that the principle of the access; the plan has been published on the Council’s website RELEVANT SITE HISTORY Application Ref: Address: Proposal: Decision: Decision Date: Application Ref: Address: Proposal: Decision: Decision Date: Application Ref: Address: Proposal: Decision: Decision Date: 2019/0205/RES Land South Of Clipstone Road East APPLICATION FOR APPROVAL OF RESERVED MATTERS OF ACCESS, APPEARANCE, LANDSCAPING, LAYOUT AND SCALE FOR 30NO DWELLINGS FOLLOWING OUTLINE APPLICATION 2014/0248/NT (OUTLINE PLANNING APPLICATION INCLUDING AN ACCESS OFF CLIPSTONE ROAD EAST TO PROVIDE UP TO 313 DWELLINGS TOGETHER WITH ASSOCIATED ROADS AND SEWERS AND ANCILLARY LOCAL PUBLIC OPEN SPACE) PENDING 2014/0248/NT Land To South Of Clipstone Road East OUTLINE PLANNING APPLICATION INCLUDING AN ACCESS OFF CLIPSTONE ROAD EAST TO PROVIDE UP TO 313 DWELLINGS TOGETHER WITH ASSOCIATED ROADS AND SEWERS AND ANCILLARY LOCAL PUBLIC OPEN SPACE GRANT OUTLINE PLANNING PERMISSION WITH CONDITIONS 20th September 2018 2017/0523/FUL Land West Of Crown Farm Way RESIDENTIAL DEVELOPMENT OF 202 NO DWELLINGS AND ANCILLARY WORKS PENDING OBSERVATIONS RECEIVED Throughout this report observations received in respect of each application are presented in summary form The full letters and consultation responses received, including details of any non-material planning observations, are available for inspection both prior to and at the meeting Anyone wishing to make further comments in relation to the application must ensure these are received by the Council by 12 noon on the last working day before the date of the Committee Statutory, Internal and Other Consultees Nottinghamshire County Council Highways Development Control North Considers the access arrangements to be more suitable to facilitate access to this site but the final detail will still need technical approval Draws attention to the note on the drawing that states the north carriageway of Clipstone Road East will remain unchanged as this is incorrect Considers that the phasing of the development is elaborate and should be split into two phases to allow for highway quality street design However most of the core spine road and connector roads to the east will need to be implemented in the initial phase to ensure adequate drainage prior to occupation States that the loop road will need to be 6m and the connections to the east need to be lined up with the adjacent site Suggests conditions Nottinghamshire County Council Lead Local Flood Authority No objections Nottinghamshire County Council No further comments to make other than those made on the original application As part of a pending application on this site the Rights of Way Team has sought clarification on the secondary access to the south as to whether this is pedestrian or vehicular as vehicular will damage the surface of the bridleway and put the public at risk The applicant should be made aware that the existing boundary tree line directly bordering the development and footpath 17 is the responsibility of the current owner / occupier of the land All new owners should be made aware of their responsibilities in respect of maintenance Natural England No comments to make Nottinghamshire Wildlife Trust No comment to make on the application as it is only for a slight variation of conditions However state that they wish to be consulted on the landscape scheme and recommend that and updated ecological report is undertaken A further repose states that the landscaping details should provide for native species and recommend that the existing native hedgerow is retained and planted up All hedgerows should be retained and enhanced where possible Environment Agency No comments to make Mansfield District Council Parks Development No comments received Mansfield District Council Environmental Health No comments to make Nottinghamshire Police No comments received Forest Town Nature Conservation Group In light of a letter from the Local Plan Inspector an appropriate assessment should be carried out to consider the impact if the development prior to any grant of variation in order to determine whether the scheme would need to be cancelled or amended in order to protect woodlark and nightjar and their nesting and foraging habitat The variation should only be allowed if it secures measurable net gains for biodiversity and ensuring that any adverse impact on Spa Ponds Nature Reserve are adequately mitigated or that appropriate compensation is made The conclusion from the Local Plan Inspector was that the assessment of any likely significant effects on the possible potential Sherwood SPA should be undertaken as if it were a designated site in order to comply with the NPPF The Sweetman ruling determined that at the screening stage mitigation measures should not be relied upon to screen out adverse effects on integrity of European designated sites and mitigation should only be proposed as part of a full appropriate assessment A full assessment is therefore required to ensure that the local plan is legally complaint Members of the Public At the time of writing the report letters of objection have been received that raise objections on the following grounds:            The site entrance will be very busy making it dangerous There are not enough amenities in the area to accommodate the development Privacy will be significantly affected for the existing properties along Newlands Road this is due to the gradient of the land Is the timescale for the development in line with the previously stated years? The plans have been altered to allow an expedient building of houses The phasing of the building may allow 100 more residents and 600 more cars on the road to be absorbed but will always question the capacity of existing road infrastructure and local facilities Where will people work Where zero emissions fall into this picture What is the plan for the boundary hedges on Lime Grove Visionary planning, public transport, secure bike parks with less reliance on fossil driven vehicles What direction will the traffic flow in Object to the entrance and exit of this development due to extra noise and pollution The entrance should be from the bottom of the site where there is less traffic Clipstone Road East is very dangerous and there have been many accidents            Will there be a new GP surgery Struggling to understand what the real differences are between the applications Any new residents will have to drive to work or school which will exacerbate traffic issues Council policy is that new development should blend into its surroundings and should add to the character of the area This masterplan does not reflect this it is simply greedy developers trying to maximize profit The health and education infrastructure cannot cope with this amount of dwellings The density way exceeds the current landscape It is ludicrous that Clipstone Road will be made into a lane road The previous villages such as Clipstone, Forest Town have all merged together and have merged with Mansfield Forest Town has been saturated with houses Why to planners keep granting permission to developers who want to build in Forest Town, soon there will be no green areas and the whole area will be a bottle neck of concrete and exhaust fumes and noise The proposed access is onto a road that is like a motorway POLICY AND GUIDANCE Section – Achieving Sustainable Development Paragraph states that the planning system has overarching objectives – economic, social and environmental Paragraph 11 – this seeks to ensure that proposals that accord with the development plan are approved without delay and when there are no relevant development plan policies or the policies which are most important for determining the application are out of date granting permission unless the application of the policies in the Framework that protect areas or assets of particular importance provides clear reason for refusing the development proposed or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole Section – Decision making Paragraph 47 states that planning permission should be determined in accordance with the development plan unless material considerations indicate otherwise Paragraph 48 states that local planning authorities may give weight to relevant policies in emerging plans according to a) the stage of preparation of the emerging plan, b) the extent to which there are unresolved objections to relevant policies and c) the degree of consistency of the relevant policies in the emerging plans to the Framework Paragraph 54 states that local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations Section – Delivering a sufficient supply of homes Paragraph 59 states that to support the Governments objective of significantly boosting the supply of homes it is important that a sufficient amount and variety of land can come forward where it is needed, that needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay Paragraph 64 states that where major housing development is proposed planning policies and decisions should expect at least 10% of the homes to be available for affordable home ownership Section – Promoting Healthy and Safe Communities Paragraph 91 states that planning policies and decisions should aim to achieve healthy, inclusive and safe places Paragraph 92 states that planning policies and decisions should provide social, recreational and cultural facilities and services that the community needs Paragraph 94 states that local planning authorities should give great weight to the need to create expand or alter schools through the preparation of plans and decisions on applications Paragraph 95 states that planning policies and decisions should promote public safety and take into account wider security and defence requirements Para 98 states that planning decisions should protect and enhance public rights of way and access Section – Promoting Sustainable Transport Paragraph 108 – states that it should be ensured that: a) appropriate opportunities to promote sustainable transport modes can be – or have been – taken up, given the type of development and its location; b) safe and suitable access to the site can be achieved for all users; and c) any significant impacts from the development on the transport network (in terms of capacity and congestion), or on highway safety, can be cost effectively mitigated to an acceptable degree Paragraph 109 – states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe Paragraph 110 – sets out what applications for development should provide in respect of sustainable transport Section 11 – Making Effective use of Land Paragraph 117 states that decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions Strategic policies should set out a clear strategy for accommodating objectively assessed needs, in a way that makes as much use as possible of previously-developed or ‘brownfield’ land Paragraph 122 states that planning policies and decisions should support development that makes efficient use of land Section 12 – Achieving Well Designed Places Paragraph 124 states that the creation of high quality buildings and places is fundamental to what the planning and development process should achieve Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities Paragraph 125 states that plans should set out a clear design vision and expectations so that applicants have as much certainty as possible about what is likely to be acceptable Paragraph 127 states that decisions should ensure developments; a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities); d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit; e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and f) create places that are safe, inclusive and accessible and which promote health and wellbeing, with a high standard of amenity for existing and future users and where crime and disorder, and the fear of crime, not undermine the quality of life or community cohesion and resilience Paragraph 129 states that LPAs should make appropriate use of tools and processes for assessing and improving the design of development such as Buildings for Life Paragraph 130 states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions Section 14 – Meeting the Challenge of Climate Change, Flooding and Coastal Change Paragraph 163 states that when determining applications local planning authorities should ensure that flood risk is not increased elsewhere Paragraph 165 states that major developments should incorporate sustainable drainage systems unless there is evidence that this would be inappropriate Section 15 – Conserving and Enhancing the Natural Environment Paragraph 170 sets out how planning policies and decisions can contribute to and enhance the natural and local environment Paragraph 175 sets out the principles that should be followed in respect of biodiversity and geodiversity Paragraph 178 states that planning decisions should ensure that a site is suitable for its proposed use taking account of the ground conditions and any risks arising from land instability and contamination Paragraph 180 states that planning decisions should also ensure that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment Paragraph 181 states that planning decisions should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants taking into account the presence of Air Quality Management Areas and Clean Air Zones and the cumulative impacts from individual sites in individual areas Paragraph 183 states that the focus of planning policies and decisions should be on whether proposed development is an acceptable use of land, rather than the control of processes or emissions (where these are subject to separate pollution control regimes) Annex 1- Implementation Paragraph 212 states that the policies within the Framework are material planning considerations which should be taken into account in dealing with applications Paragraph 213 states that existing policies should not be considered out of date simply because they were made prior to the publication of the Framework Due weight should be given to them according to their degree of consistency with the Framework Adopted Mansfield District Local Plan 1998 Saved Policies (28/09/2007) E6(B) - relates specifically to the development of the application site and adjoining land for employment use (which may also include the development of a hotel) Saved Policy BE1 – states that planning permission will be granted for developments that achieve a high quality of design provided they meet all the following criteria: 1) The scale, density, massing, height, layout and access relate well to neighbouring buildings and the local area generally 2) The materials used are in keeping with the sites surroundings 3) The level of hard and soft landscaping is consistent with the type and design of the development and its setting 4) The proposal integrates existing landscape and nature conservation features Saved Policy H2 – states that permission will be granted for housing development within the urban boundary providing that it meets the following criteria: 1) integrate with the existing pattern of settlement and surrounding land uses; 2) not lead to a reduction in residential amenity for adjacent occupiers due to such factors as loss of light / sunlight, overlooking, noise, etc.; 3) retain important site characteristics / features which would integrate the building with its setting; 4) include appropriate crime prevention measures in its design; 5) be located where there is, or is the potential for, easy access to public transport; 6) incorporate suitable areas of open space, including private garden space and public open space, to meet the needs of residents Saved Policy M16 – this policy seeks to ensure that new developments not have a detrimental effect on highway safety Mansfield Local Plan Publication Draft September 2018 (submitted for examination) Policy S1 – Presumption in favour of sustainable development Policy S2 – The Spatial Strategy – sets out the settlement hierarchy for new development Policy P1 – Achieving high quality design – states that all new major developments will be supported where they contribute positively to the creation of well-designed buildings and places Policy P2 – Safe healthy and attractive development – states that development will be supported where it creates a strong sense of place and is appropriate to its context in terms of layout, scale, density, detailing and materials Policy P3 – Connected developments – states that developments will be supported provided it takes opportunities to encourage people to walk, cycle and use public transport Policy P4 – Comprehensive development Policy P5 – states that development proposals will be supported where it incorporates measures to mitigate against the impacts of climate change Policy P7 – Amenity – states that development should be constructed to minimise impacts on the amenity of existing and future users Policy H1a – Allocates the application site for housing development Policy H3 – Housing density and mix – states that developments of 10 or more will be expected to be built at a density that makes efficient use of the site with layouts that respect the character and appearance of the local area and provide a range of dwelling sizes and types reflective of housing needs and the achievement of mixed and balanced communities Policy H4 – Affordable Housing – sets out the requirements for affordable housing on a site Policy H5 – Custom and self build homes – states that on developments of more than 100 dwellings at least 5% of the plots should be provided for self build or custom build homes Sets out the criteria that need to be met for self build and custom build houses Policy IN1 – Infrastructure delivery – sets out the requirements for infrastructure delivery for development proposals Policy IN2 – Green Infrastructure – sets out the requirements in respect of development proposals within or adjoining green infrastructure Policy IN4 – New community open space and outdoor sports provision – states that development of 10 dwellings or more will be required to contribute towards open space either by financial contribution or on site depending on the development proposed Policy IN8 – Protecting and improving the sustainable transport network - sets out the means of enhancing the existing sustainable transport network Policy IN9 – Impact of development on the transport network – sets out the requirements for new development Policy IN10 – Car and cycle parking – encourages new development to provide vehicle and cycle parking, including the needs for the disabled Policy IN11 – States that major development proposals will be supported where adequate broadband infrastructure, bespoke duct network and other forms of infrastructure are made available NE1 – Protection and enhancement of landscape character – states that development proposals will be supported where they are informed by and are sympathetic to the areas landscape character Policy NE2 - Biodiversity and geodiversity – sets out where development proposals will be considered acceptable in terms of biodiversity and geodiversity Policy NE3 – Pollution and land instability – sets out where development proposals will be supported in terms of pollution and land instability Policy CC2 – Flood risk – sets out the requirements for development proposals that are at risk of flooding Policy CC3 – Sustainable drainage systems – states that all development proposals should include measures to reduce and manage surface water through appropriate Suds Appendix – Indicative masterplan for the application site Other Guidance Draft Interim Planning Guidance Note 10 – Parking for New Developments Sets out car parking requirements for new developments Interim Planning Guidance Note – Affordable Housing Interim Planning Guidance Note 10 (draft)– Parking for New Developments Building for Life 12 2016 Edition – This document provides 12 questions, based on a traffic light system which can be used as a tool to assess new developments in respect of creating better places ISSUES The main issues to consider in in the determination of this application are; 1) 2) 3) 4) 5) 6) 7) 8) The principle of development Masterplan and Phasing Considerations Highway and Drainage Considerations Ecology Planning Contributions Original Planning Conditions Other issues Conclusion 1) The principle of development The principle of this development was debated through the original application 20147/0248/NT, where it was established that the principle of residential development on this site was acceptable; this is an extant planning permission granted on 20 th September 2018 There have been no material changes in respect of the principle of residential development on this site since the granting of the 2014 application and therefore the principle of residential development on this site is considered to be acceptable 2) Masterplan and Phasing Considerations The extant planning application granted under permission 2014/0248/NT did not allow for a phased development which given the size of the site would not seem appropriate On this basis condition is proposed to be changed to allow the development to proceed in phases rather than in all one go This would seem a reasonable request and is therefore considered acceptable As a consequence of this the approved plans will need to include a phasing plan that demonstrates how the phases will be brought forward The proposed phasing plan shows a logical development of the site and is considered acceptable This will provide a useful tool when determining reserved matters applications The Highway Authority has stated that the phasing plan should consist of a maximum of two phases to ensure that high quality street design is provided However this would not allow for the developer to bring forward the site as they wish to as they propose to develop it in smaller phases Given the fact that the masterplan (discussed below) will control the principle of the highway layout it is considered that the phasing plan that has been proposed is acceptable as to a degree the principle of the street layout will be fixed Whilst this is not standard procedure it is necessary in this application to ensure that an internal loop system is provided as there is only a single point of access into the site It has also been recommended to the applicant that this application is accompanied by a masterplan for the whole site so that there is clarity in respect of how the overall site will be developed, in particular this is needed to control the design of the internal roads (as with a single point of access it needs to be a looped design), drainage and the location of the proposed public open space In terms of the principle of the design of the internal loop road layout and proposed drainage these are considered acceptable as too is the location of the proposed public open space; these elements should be conditioned as part of this application along with internal highway arrangement which are discussed in the following section The remainder of the masterplan will be for indicative purposes as these specific elements of design and layout of the proposed dwellings will be controlled by the approval of reserved matters A note to applicant is proposed to encourage the dwellings facing onto the footpath (which is achieved by the masterplan; however there are some concerns regarding the amount of frontage car parking and car parking courts which should be minimised through the reserved matters submissions The masterplan also shows potential vehicular and pedestrian link ups with the adjacent site across the central bridleway which has been encouraged by the Highway Authority The submitted masterplan shows these potential links; however they not fully tie in with the adjacent development that is still pending its decision On this basis a condition is required on this outline application to ensure that such a link is provided in a suitable location Concerns have been raised in respect of the links onto the public bridleways and whether these will be for vehicular purposes; access to these links will be controlled via future reserved matters submissions In respect of condition on the original planning permission, this is a typing mistake and as stated by the applicant would repeat condition 3; it therefore can be deleted 3) Highway and Drainage Considerations The principle of one point of access into this site to serve up to 313 dwellings has already been established through permission 2014/0248/NT However one of the main reasons for this variation of condition application is to slightly amend the proposed site access in order to attain technical approval from the Highway Authority The Highway Authority has confirmed that the amended plan is more suitable to facilitate access to this site; obviously the final access will be subject to technical approval The Highway Authority states that a note on the drawing is incorrect; however this will be controlled via technical highway approval The Highways Authority also wants to ensure that the internal loop road is 6m wide which can be conditioned The Highway Authority did recommend a condition that required details of the new road to be submitted prior to the commencement of development; however this is not considered reasonable and would defeat the object of allowing a phased development The masterplan provides for an internal loop road layout and a condition can be imposed to ensure that the loop road is 6m wide, the remainder of the requirements such as gradients, parking, access widths, visibility splays etc can be controlled via future reserved matters applications Whilst there have been public objections to the application on highway grounds the principle of a single point of access to serve up to 313 dwellings has already been accepted on this site and the outline permission that assessed wider highway considerations is an extant permission It would therefore not be reasonable to refuse permission on these grounds as they have already been assessed under permission 2014/0248/NT The overall density of the development and the principle of a single point of access have already been established and there are no changes in this regard in the current application Indeed this application provides more certainty for highway considerations by allowing approval of an internal loop system which is required by the Highway Authority The linkages to the wider area have been discussed in the section above It is considered that the proposed access arrangements are acceptable and the principle of the internal road loop system is accepted In terms of drainage as per the original permission it is proposed to deal with this via planning condition The applicant has applied to discharge the drainage condition for this site and the Local Lead Flood Authority has raised no objections On this basis the principles of the drainage as denoted on the masterplan are considered to be broadly acceptable 4) Ecology There have been objections in respect of ecological issues on this site and these were taken into account during the original 2014 application Whilst it is accepted that this current application would become a new planning permission the proposed minor material amendments are in effect as a result of technical issues that have arisen as the applicant has started delivering the site The amendments not give rise to any further ecological issues than those that were considered through the original planning application and on this basis it is not considered reasonable to impose further ecological conditions or request additional ecological information when the minor material application relates primarily to the delivery of the site and not the underlying principle of development which has already been assessed and has led to an extant planning permission In terms of the appropriate assessment in respect of nightjar and woodlark this has been debated through the Local Plan Examination; however this was also considered as part of the original outline planning permission On this basis it is not considered reasonable or necessary to consider this again as the original outline is an extant planning permission and this application simply seeks to vary a number of conditions which relate to the technical and delivery elements of the proposal not the overall principle of the development A condition was imposed on the original planning permission in respect of a site clearance methodology and this is proposed again as it has not yet been discharged Biodiversity will be considered through the proposed landscaping scheme which would be subject to approval of reserved matters 5) Planning Contributions Objections have been received in respect of lack of infrastructure and facilities to support the new development Again this was assessed as part of the original permission 2014/0248/NT and a suite of planning obligations were proposed and accepted by the application; these were controlled via a Section 106 Agreement As part of the Section 73 process the applicant will be required to submit a Deed of Variation before the permission can be issued This Deed of Variation will require the same level of obligations as was required by the original permission 6) Original planning conditions None of the planning conditions on permission 2014/0248/NT have yet been discharged (although an application has been submitted to so) therefore it is proposed that the same conditions are repeated on this application The exception to this is condition 14 of the original permission which can be deleted as the pedestrian links onto the bridleway are shown on the masterplan and will be controlled via a new condition and condition which was a typing error It is not possible to change time limits by way of a Section 73 application and therefore condition will be worded to ensure that the three year date for the submission of reserved matters is three years from the date of the original outline permission (28 th September 2018) 7) Other matters Issues relating to boundary treatment and residential amenity e.g loss of privacy are matters for consideration at the approval of reserved matters application The layout and type of dwellings shown on the masterplan are for indicative purposes only, although the principle of erecting up to 313 dwellings has already been established on this site through the original outline permission 8) Conclusion This minor material amendment application seeks to vary conditions 2, and 13 and delete condition of permission 2014/0248/NT In effect these changes have been required to allow the development to be delivered in accordance with highway technical approval and taking a phased approach It will also allow the principle of a masterplan and a phasing plan to be adhered to which will provide more certainty in respect of highways, drainage and public open space and demonstrates how the site can be delivered comprehensively RECOMMENDATION It is therefore recommended that:a) It is resolved to grant planning permission subject to the signing of a Deed of Variation to the S106 for permission 2014/0248/FUL b) Delegated authority is given to the Head of Planning and Regeneration to issue the permission following the signing of the Deed of Variation CONDITIONS/REASONS/NOTES (1) Condition: Application for approval of reserved matters must be made not later than 19 th September 2021 and the development must be begun not later than the expiration of two years from the final approval of reserved matters, or in the case of approval of reserved matters on different dates, the final approval of the last such matter to be approved (1) Reason: In accordance with Section 92(2) of the Town and Country Planning Act 1990, as amended by S51(2) of the Planning and Compulsory Purchase Act 2004 (2) Condition: Details of the appearance, landscaping, layout and scale, (hereinafter called "the reserved matters") for each phase as shown on the approve phasing plan shall be submitted to and approved in writing by the local planning authority before any development within that phase begins and the development shall be carried out as approved (2) Reason: The application is in outline only and the reserved matters referred to in the foregoing condition will require further consideration (3) Condition: This permission shall be read in accordance with the following plans: Location Plan, Drawing No 9968-001-A, received May 2014 Planning, Design and Access Statement May 2014 (Rev 1), received May 2014 Preliminary Ecological Assessment, received May 2014 Flood Risk Assessment and Drainage Strategy, received May 2014 Infrastructure Assessment, received May 2014 Environmental Noise Assessment, received May 2014 Transport Assessment, received May 2014 Site Entry Design, Drawing No 43386/006 Rev B Phasing Plan Drawing Ref 1911.03 received 23rd September 2019 Masterplan 1911.500 Rev A (principles of a loop road system, drainage and public open space layouts and vehicular and pedestrian accesses to the wider area only) received 23rd September 2019 (3) Reason: To define the terms of this permission and for the avoidance of doubt (4) Condition: The reserved matters submissions in respect of layout shall be in accordance with the following principles as shown on the submitted masterplan 19.11.500 Rev A:      Loop Road Layout with transition links to Clipstone Road East to provide alternative emergency access 6m Wide carriageway Loop Road suitable for bus access Vehicular and Pedestrian links to the east that align with the adjacent site streets Drainage Public Open Space (4) Reason: To define the terms of this permission and for the avoidance of doubt (5) Condition: Notwithstanding the submitted details this permission does not approve the design or layout any of the dwellings as shown on the submitted masterplan or phasing plan (5) Reason: To define the terms of this permission and for the avoidance of doubt (6) Condition: No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority in consultation with the Environment Agency The scheme shall subsequently be implemented in accordance with the approved details before the development is completed The scheme to be submitted shall demonstrate: • Surface water drainage system(s) designed in accordance with CIRIA C697 and C687 or the National SuDS Standards, should the latter be in force when the detailed design of the surface water drainage system is undertaken • Limiting the discharge rate generated by all rainfall events up to the 100 year plus 30% (for climate change) critical rain storm ideally to Greenfield rates for the site but as a minimum so that it will not exceed the run-off from the undeveloped site and will not increase the risk of flooding off-site • Provision of surface water run-off attenuation storage in accordance with the requirements specified in ‘Science Report SC030219 Rainfall Management for Developments’ • Detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the in year, in year, in 30 year, in 100 year and in 100 year plus climate change return periods • Details of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development, to ensure long term operation to design parameters (6) Reason: To prevent the increased risk of flooding; to improve and protect water quality; to improve habitat and amenity; and to ensure the future maintenance of the sustainable drainage structures (7) Condition: If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority The remediation strategy shall be implemented as approved (7) Reason: National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution Government policy also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121) (8) Condition: The development hereby permitted shall not be commenced until such time as a scheme to treat and remove suspended solids from surface water run-off during construction works has been submitted to, and approved in writing by, the local planning authority The scheme shall be implemented as approved (8) Reason: To protect surface water quality (9) Condition: The development hereby permitted shall be carried out in accordance with the principles of the following approved documents: Planning, Design and Access Statement, received May 2014 Transport Assessment, received May 2014 (9) Reason: For the avoidance of doubt and in the interests of proper planning (10) Condition: No development shall take place until the method of working during the construction phase, in the form of an environmental management plan, to include control of noise, vibration and dust emission has been submitted to and approved in writing by the Local Planning Authority All subsequent construction shall be undertaken in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority (10) Reason: In order to protect the living conditions of nearby residents (11) Condition: No development shall take place until a site clearance methodology that enables progressive site stripping to facilitate the safe movement of any active animals to a wider habitat, including amphibians and reptiles, has been submitted to, and approved in writing by, the local planning authority Development shall be carried out in accordance with the approved methodology (11) Reason: In the interests of nature conservation (12) Condition: No development shall take place until the applicant, or its agents or successors in title, has secured the implementation of a programme of archaeological work, including a scheme of geological survey and recording, in accordance with a written scheme of investigation which has been submitted to, and approved in writing by, the local planning authority (12) Reason: In order to protect the historic environment (13) Condition: Construction works, including the delivery of materials to and from the site, shall not take place outside 07.30 hours to 18.00 hours Mondays to Fridays and 08.00 hours to 13.00 hours on Saturdays nor at any time on Sundays, Bank or Public Holidays (13) Reason: In order to protect the living conditions of nearby residents (14) Condition: The construction of any dwellings on the site shall not commence until the access arrangements, as shown on drawing no 43386/006 Rev B received 23rd September 2019, have been completed in accordance with the approved details (14) Reason: In the interests of highway safety (15) Condition: Any trenches dug during the construction of the development hereby permitted, which are to be left open overnight, shall be left with a sloping end or ramp to allow an animal that may fall in to escape Any pipes over 200mm in diameter should be capped off at night to prevent animals entering (15) Reason: In the interests of nature conservation Positive and Proactive Statement (1) The Local Planning Authority has worked positively and proactively with the agent throughout the application process in order to provide a suitable plan to aid in the delivery of the site (2) The applicant is advised that the design and layout of the proposed dwellings through subsequent reserved matters applications should follow the principles outlined in the masterplan for the site as denoted in the Publication Draft Local Plan 2018 Large areas of car parking will be discouraged (3) The applicant is advised that notwithstanding the site access drawing the kerb line to the north of Clipstone Road East will require connection works on the public highway at appropriate pedestrian crossing points along Clipstone Road This will be controlled via technical highway approval (4) Adoption of roads/streets Notes The Highways Authority only seek to adopt roads where the new road network is acceptable in all highways and transportation terms Accordingly, the HA may refuse to accept future maintenance liability of roads that not meet the required standards and specification (5) Section 278 Agreement (Highways Act 1980) In order to carry out the off-site works required, the applicant will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which the applicant has no control In order to undertake the works, which must comply with the Nottinghamshire County Council’s current highway design guidance and specification for roadworks, the applicant will need to enter into an Agreement under Section 278 of the Act The Agreement can take some time to complete as timescales are dependent on the quality of the submission, as well as how quickly the applicant responds with any necessary alterations Therefore, it is recommended that the applicant contacts the Highway Authority as early as possible Work in the public highway will not be permitted until the Section 278 Agreement is signed by all parties Furthermore, any details submitted in relation to a reserved matters or discharge of condition planning application, are unlikely to be considered by the Highway Authority until technical approval of the Section 278 Agreement is issued Contact hdc.north@nottscc.co.uk 011580-40022 (6) Section 38 Agreement (Highways Act 1980) The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980 A Section 38 Agreement can take some time to complete Therefore, it is recommended that the developer contact the Highway Authority as early as possible Furthermore, any details submitted in relation to a reserved matters or discharge of condition planning application, are unlikely to be considered by the Highway Authority until technical approval of the Section 38 Agreement is issued It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council in writing before any work commences on site Contact hdc.north@nottscc.co.uk 0115 804 00 22 ... ACCESS OFF CLIPSTONE ROAD EAST TO PROVIDE UP TO 313 DWELLINGS TOGETHER WITH ASSOCIATED ROADS AND SEWERS AND ANCILLARY LOCAL PUBLIC OPEN SPACE) PENDING 2014/0248/NT Land To South Of Clipstone Road East... density way exceeds the current landscape It is ludicrous that Clipstone Road will be made into a lane road The previous villages such as Clipstone, Forest Town have all merged together and have merged... masterplan 19.11.500 Rev A:      Loop Road Layout with transition links to Clipstone Road East to provide alternative emergency access 6m Wide carriageway Loop Road suitable for bus access Vehicular