Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Development A - Full planning application comprising : Phase 1 - construction of a five storey block containing 37 x one bedroom apartments (affordable retirement living tenure), ground floor supermarket (Class A1) and hot food takeaway unit (Class A5) and Phase - 2 construction of two x four storey residential apartment blocks containing 24 x one bedroom apartments (affordable rent and affordable living tenure) and 6 x one bedroom and 16 x two bedroom apartments (open market housing) together with associated vehicular and pedestrian access, car parking, landscaping and ancillary works, following demolition of existing buildings. , , Development B - Outline planning application comprising: Phase 3 - the erection of 32 x one and two bedroom apartments and 14 x three bedroom houses (open market housing) following demolition of existing buildings. Matters of appearance, landscaping, and scale are reserved.

RESOLVED: That application 19/01416/HYA be GRANTED planning permission, subject to the conditions and reasons contained in the report od the Development and Conservation Manager and the additional and amended conditions below

 

Development A

Condition 10

Prior to occupation, each apartment block, shall incorporate one EV ready domestic charging point for between 5 - 10 apartments and these shall be made available to its residents and managed and maintained by the management company(ies) appointed as responsible for each apartment block.

OR

(b)        Prior to occupation, a contract shall be entered into with a private provider to operate an EV car club for the residents of the apartment blocks for a period, scope and a level of provision to be agreed in writing with the LPA.

 

Reason: To contribute to the objective of providing a sustainable transport network and to provide the necessary infrastructure to help off-set the adverse impact of the operational phase of the development on local air quality.

 

Additional Condition 25

The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 1 & 2 Drainage Strategy Drawing, dated 06.12.2019, Rev B, prepared by Ingent Consulting Engineers and the following mitigation measures:

1.  Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% for climate change event (minimum 329.4m3).

2.  Implement drainage strategy based on lined permeable paving with sub-base and perforated pipes, attenuation crates and restricted discharge at 5l/s into the surface water sewer.

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 26

No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 1 & 2 Drainage Strategy Drawing, dated 06.12.2019, Rev B, prepared by Ingent Consulting Engineers. The scheme shall also include:

1.  Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event.

2.  Provision of half drain down times within 24 hours

3.  Silt traps for protection for any residual tanked elements.

4.  Demonstrate appropriate SuDS management and treatment and inclusion of above ground features such as permeable paving etc. for the paved areas and reducing the requirement for any underground storage.

5.  Provision of exceedance routes for events greater than the 1 in 100 year + climate change

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 27

Upon completion of the drainage works for the site and in accordance with the timing / phasing arrangement, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

1.  Provision of complete set of as built drawings for site drainage.

2. Maintenance and operational activities.

3. Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

Reason

To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

 

Development  B

 

Amended Condition 2

The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting, approved documents and plans, including the children’s play area, together with the reserved matters approved by the Local Planning Authority, or with minor modifications of those details or reserved matters which previously have been agreed in writing by the Local Planning Authority as being not materially different from those initially approved.

 

Reason: To ensure the development is carried out in accordance with details which form the

basis of this grant of permission or subsequent approval of reserved matters.

 

Amended Condition 3

The development shall not begin until a scheme for the provision of at least 40% affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in the NPPF or any future guidance that replaces it. The scheme shall include:

·      the numbers, type and tenure on the site of the affordable housing provision to be made;

·      the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

·      the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

 

Occupation of the development hereby permitted shall thereafter be undertaken in accordance with the approved affordable housing scheme unless otherwise agreed in writing by the Local Planning Authority.

 

This condition shall not be binding on :-

a mortgagee or chargee (or any receiver (including an administrative receiver) appointed by such mortgagee or chargee or any other person appointed under any security documentation to enable  such  mortgagee  or chargee to realise its security or any administrator (howsoever appointed) including a housing administrator (each a  Receiver)

of the whole  or any  part  of the affordable dwellings  or any persons or bodies  deriving title through such mortgagee or chargee or Receiver  PROVIDED THAT such mortgagee or chargee (or any receiver appointed thereby) or administrator (howsoever appointed) including a housing administrator acting pursuant to any event of default shall first give written notice to the Council of its intention to dispose and shall have used reasonable endeavours over a period of twelve weeks from the date of the written notice to dispose of the affordable housing unit(s) to another registered social landlord  or to the council for a consideration not less than the amount due and outstanding to the mortgagee or chargee under the terms of the mortgage or charge including all accrued principal monies, interest and costs and expenses incurred by the mortgagee or chargee in respect of the mortgage or charge. If such disposal has not taken place within the twelve week period, the mortgagee, chargee or receiver shall be entitled to dispose of the affordable housing unit(s) free from the affordable housing provisions in this Planning Permission which shall determine absolutely.

 

Reason: To ensure that the dwellings hereby permitted are occupied in accordance with the terms of the submitted application and to accord with the Council's policies with regard to affordable housing

 

Additional Condition 19

The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and Phase 3 Drainage Strategy Drawing, dated 06.12.2019, Rev A, prepared by Ingent Consulting Engineers and the following mitigation measures:

1.  Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% for climate change event (minimum 462.9m3)

2.  Implement drainage strategy based on lined permeable paving with sub-base and perforated pipes, attenuation crates and restricted discharge at 5l/s into the surface water sewer.

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 20

No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 3 Drainage Strategy Drawing, dated 06.12.2019, Rev A, prepared by Ingent Consulting Engineers. The scheme shall also include:

1.  Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event.

2.  Provision of half drain down times within 24 hours

3.  Silt traps for protection for any residual tanked elements.

4.  Demonstrate appropriate SuDS management and treatment and inclusion of above ground features such as permeable paving etc. for the paved areas and reducing the requirement for any underground storage.

5.  Provision of exceedance routes for events greater than the 1 in 100 year + climate change

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 21

Upon completion of the drainage works for the site and in accordance with the timing / phasing arrangement, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

1.  Provision of complete set of as built drawings for site drainage.

2.  Maintenance and operational activities.

3.  Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

Reason

To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

Audio recording – 3 minutes 42 seconds

 

Development A - Full planning application comprising : Phase 1 - construction of a five storey block containing 37 x one bedroom apartments (affordable retirement living tenure), ground floor supermarket (Class A1) and hot food takeaway unit (Class A5) and Phase - 2 construction of two x four storey residential apartment blocks containing 24 x one bedroom apartments (affordable rent and affordable living tenure) and 6 x one bedroom and 16 x two bedroom apartments (open market housing) together with associated vehicular and pedestrian access, car parking, landscaping and ancillary works, following demolition of existing buildings.

Development B - Outline planning application comprising: Phase 3 - the erection of 32 x one and two bedroom apartments and 14 x three bedroom houses (open market housing) following demolition of existing buildings. Matters of appearance, landscaping, and scale are reserved.

 

The Principal Planning Officer advised Members of the following updates:

 

1.         A late representation had been received from Ms Jackie McDonald proposing an amendment to the application to include a replacement unit within Phase 3 of the proposed development to replace the Coffee Mill unit. She advised that the Westmill Community Centre was not well attended by teenage groups and that Settle had advised, in community meetings regarding the development, that they would welcome and support additional youth services.

 

2.         The Lead Local Flood Authority had withdrawn its objection to this development following the submission of further information by the applicants Drainage Consultants. They were now recommending 6 conditions in total to be attached to the application if permission is granted. Three of these conditions related to Development A (Phases 1 and 2) and three related to Development B (Phase 3).

     

Therefore Part A of the recommendation, as set out in paragraph 6.1, would no longer be needed as the objection of the Flood Authority had been resolved and the recommendation would be subject to the submitted Unilateral Undertaking and the conditions set out in the report, in addition to the six conditions required by the Lead Local Flood Authority.    

 

The applicants had confirmed in writing that they are happy to accept the conditions requested by the Flood Authority.    

 

3.         In respect of the Play Area the applicant confirmed that, in response to concerns raised by the community, the application drawings had been updated from the original submission to include a Children’s Play Area.  

 

4.         The wording of Development B - Condition 3 should read exactly as Development A – Condition 4.

 

The Principal Planning Officer advised that the Strategic Housing Manager was in attendance to answer and detailed questions regarding affordable housing. 

 

The Principal Planning Officer presented the report in respect of application 19/01416/HYA supported by a visual presentation consisting of photographs and plans.

 

Ms Jackie McDonald thanked the Chair for the opportunity to address the Committee in objection to application 19/01416/HYA and drew attention to the following:

 

·                The development was overdue and much needed however she objected to the following aspects of the development:

·                There was no children’s play area within the development;

·                Five storey buildings were too high, being much taller than other buildings;

·                Placing the old people’s residential units above the shops was unsuitable, due to noise;

·                Residents with drug issues may live near young people;

·                The large building was overpowering and not in keeping with the area;

·                The footpath across Mattock Road was a safety concern;

·                Was there sufficient parking?;

·                Residents would have to move away from friends and family;

·                The much needed Coffee Mill had not been incorporated into the development.

 

The following Members asked questions:

 

·                Councillor Ian Mantle;

·                Councillor David Levett;

·                Councillor Michael Weeks.

 

In response to questions Ms McDonald advised:

 

·                The Coffee Mill was a community Youth Centre that had been well used and helped prevent youths from hanging around the streets and getting involved in gangs;

·                The proposed development was better than what was already there.

 

The Chair thanked Ms McDonald for her presentation.

 

Councillor Martin Stears-Handscomb thanked the Chair for the opportunity to address the Committee as a Member Advocate in support of application 19/01416/HYA and drew attention to the following:

 

·                The estate was currently empty and dilapidated;

·                There was a need to get a development that worked for the area;

·                The residents of the elderly persons settlement was overwhelmingly positive;

·                Residents would move directly into the new development;

·                The benefit for the residents outweighed the delay in affordable houing;

·                Keeping the local shops was important and there was no reason for the elserderly not to live nearby;

·                In the final stage of the development a play area would be provided on the site.

·                He believed that the concerns regarding siting the play area at Swinburne Avenue had now been allayed;

·                This was a very good proposal;

·                He asked that Members approve the application.

 

The following Members asked a question:

 

·                Councillor Ruth Brown.

 

In response Councillor Stears-Handscomb advised:

 

·                No-one would be moved out of the estate.

 

The Chair thanked Councillor Stears-Handscomb for his presentation

 

Ms Shinaz Virji, settle, thanked the Chair for the opportunity to address the Committee in support of application 19/01416/HYA and drew attention to the following:

 

·                This development would provide much needed investment in the area;

·                There was a commitment to develop neighbourhoods;

·                The development provided 120 new homes plus local shops;

·                They had already provided a new community centre and MUGA;

·                They were happy to talk about provision for youth;

·                The development would provide new homes a few metres away from the current hones;

·                The retirement scheme had been designed according to best practice with a multi purpose space community hub;

·                This would provide additional homes;

·                There had been a long period of consultation;

·                This proposal included a play area at Swinburn Avenue.

 

The following Member asked a question:

 

·                Councillor Michael Muir;

 

In response Ms Virji advised:

 

·                There would be 2 lifts in the large block, one of which would be large enough to take a bed.

 

The Chair thanked Ms Virji for her presentation.

 

The Principal Planning Officer advised:

 

·                The youth provision previously provided by the Coffee Mill had been taken over by Youth Connextions who ran events at the Westmill Community Centre;

·                There was a play area within phase 3 of the development;

·                The noise assessment had been sanctioned by the NHDC Environmental Health Officers;

·                This was a very open development and therefore ther would be a high  degree of surveillance;

·                They had negotiated with the applicant to reduce the size of the block and set is back;

·                The red brick proposed was currently in use in the area;

·                The level of parking reflected the on site capacity.

 

The following Members asked questions and took part in the debate:

 

·                Councillor David Levett;

·                Councillor Michael Weeks;

·                Councillor Michael Muir;

·                Councillor Mike Hughson;

·                Councillor Daniel Allen;

·                Councillor Tony Hunter;

·                Councillor Mike Rice;

·                Councillor Val Bryant.

 

Issues debated by Members included:

 

·                Design was subjective and this development would make a statement;

·                The development had been planned for some 10 years;

·                That more trees should be planted;

·                That there should be more electric vehicle charging points;

 

In response to questions the Principal Planning Officer and Strategic Housing Manager advised:

 

·                Some of the comments in the objections to the development stated that the principal of development was supported;

·                Condition 7 would cover the landscaping requirements;

·                Condition 10 could be amended to improve the number of electric vehicle charging points provided;

·                The applicant has submitted an energy assessment and had undertaken to advise what carbon reducing measures would be incorporated;

·                The Clinical Commissioning Group had provided a robust formula for health provision and had identified what could be improved;

·                An increase in mental health provision could not be justified;

·                The previous version of the Development Agreement was agreed in 2013, Cabinet had approved that this be reviewed;

·                The final document would likely include issues that were not part of the planning application and this would be considered by Cabinet;

·                The application for a play area at Swinburn Avenue was for a permanent play area;

 

It was proposed by Councillor Daniel Allen, seconded by Councillor David Levett and:

 

RESOLVED: That application 19/01416/HYA be GRANTED planning permission, subject to the conditions and reasons contained in the report od the Development and Conservation Manager and the additional and amended conditions below

 

Development A

Condition 10

Prior to occupation, each apartment block, shall incorporate one EV ready domestic charging point for between 5 - 10 apartments and these shall be made available to its residents and managed and maintained by the management company(ies) appointed as responsible for each apartment block.

OR

(b)        Prior to occupation, a contract shall be entered into with a private provider to operate an EV car club for the residents of the apartment blocks for a period, scope and a level of provision to be agreed in writing with the LPA.

 

Reason: To contribute to the objective of providing a sustainable transport network and to provide the necessary infrastructure to help off-set the adverse impact of the operational phase of the development on local air quality.

 

Additional Condition 25

The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 1 & 2 Drainage Strategy Drawing, dated 06.12.2019, Rev B, prepared by Ingent Consulting Engineers and the following mitigation measures:

1.  Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% for climate change event (minimum 329.4m3).

2.  Implement drainage strategy based on lined permeable paving with sub-base and perforated pipes, attenuation crates and restricted discharge at 5l/s into the surface water sewer.

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 26

No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 1 & 2 Drainage Strategy Drawing, dated 06.12.2019, Rev B, prepared by Ingent Consulting Engineers. The scheme shall also include:

1.  Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event.

2.  Provision of half drain down times within 24 hours

3.  Silt traps for protection for any residual tanked elements.

4.  Demonstrate appropriate SuDS management and treatment and inclusion of above ground features such as permeable paving etc. for the paved areas and reducing the requirement for any underground storage.

5.  Provision of exceedance routes for events greater than the 1 in 100 year + climate change

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 27

Upon completion of the drainage works for the site and in accordance with the timing / phasing arrangement, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

1.  Provision of complete set of as built drawings for site drainage.

2. Maintenance and operational activities.

3. Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

Reason

To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

 

Development  B

 

Amended Condition 2

The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting, approved documents and plans, including the children’s play area, together with the reserved matters approved by the Local Planning Authority, or with minor modifications of those details or reserved matters which previously have been agreed in writing by the Local Planning Authority as being not materially different from those initially approved.

 

Reason: To ensure the development is carried out in accordance with details which form the

basis of this grant of permission or subsequent approval of reserved matters.

 

Amended Condition 3

The development shall not begin until a scheme for the provision of at least 40% affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in the NPPF or any future guidance that replaces it. The scheme shall include:

·      the numbers, type and tenure on the site of the affordable housing provision to be made;

·      the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

·      the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

 

Occupation of the development hereby permitted shall thereafter be undertaken in accordance with the approved affordable housing scheme unless otherwise agreed in writing by the Local Planning Authority.

 

This condition shall not be binding on :-

a mortgagee or chargee (or any receiver (including an administrative receiver) appointed by such mortgagee or chargee or any other person appointed under any security documentation to enable  such  mortgagee  or chargee to realise its security or any administrator (howsoever appointed) including a housing administrator (each a  Receiver)

of the whole  or any  part  of the affordable dwellings  or any persons or bodies  deriving title through such mortgagee or chargee or Receiver  PROVIDED THAT such mortgagee or chargee (or any receiver appointed thereby) or administrator (howsoever appointed) including a housing administrator acting pursuant to any event of default shall first give written notice to the Council of its intention to dispose and shall have used reasonable endeavours over a period of twelve weeks from the date of the written notice to dispose of the affordable housing unit(s) to another registered social landlord  or to the council for a consideration not less than the amount due and outstanding to the mortgagee or chargee under the terms of the mortgage or charge including all accrued principal monies, interest and costs and expenses incurred by the mortgagee or chargee in respect of the mortgage or charge. If such disposal has not taken place within the twelve week period, the mortgagee, chargee or receiver shall be entitled to dispose of the affordable housing unit(s) free from the affordable housing provisions in this Planning Permission which shall determine absolutely.

 

Reason: To ensure that the dwellings hereby permitted are occupied in accordance with the terms of the submitted application and to accord with the Council's policies with regard to affordable housing

 

Additional Condition 19

The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and Phase 3 Drainage Strategy Drawing, dated 06.12.2019, Rev A, prepared by Ingent Consulting Engineers and the following mitigation measures:

1.  Provide attenuation to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + 40% for climate change event (minimum 462.9m3)

2.  Implement drainage strategy based on lined permeable paving with sub-base and perforated pipes, attenuation crates and restricted discharge at 5l/s into the surface water sewer.

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 20

No development shall take place until the final design of the drainage scheme is completed and sent to the LPA for approval. The surface water drainage system will be based on the submitted Flood Risk Assessment and Drainage Strategy – Addendum, Ref: 1809-217, Rev -, A and B, prepared by Ingent Consulting Engineers and the Phase 3 Drainage Strategy Drawing, dated 06.12.2019, Rev A, prepared by Ingent Consulting Engineers. The scheme shall also include:

1.  Detailed engineered drawings of the proposed SuDS features including their location, size, volume, depth and any inlet and outlet features including any connecting pipe runs and all corresponding calculations/modelling to ensure the scheme caters for all rainfall events up to and including the 1 in 100 year + 40% allowance for climate change event.

2.  Provision of half drain down times within 24 hours

3.  Silt traps for protection for any residual tanked elements.

4.  Demonstrate appropriate SuDS management and treatment and inclusion of above ground features such as permeable paving etc. for the paved areas and reducing the requirement for any underground storage.

5.  Provision of exceedance routes for events greater than the 1 in 100 year + climate change

 

Reason

To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site.

 

Additional Condition 21

Upon completion of the drainage works for the site and in accordance with the timing / phasing arrangement, a management and maintenance plan for the SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

1.  Provision of complete set of as built drawings for site drainage.

2.  Maintenance and operational activities.

3.  Arrangements for adoption and any other measures to secure the operation of the scheme throughout its lifetime.

 

Reason

To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.