Minutes:
The consultation procedure undertaken was outlined in the report together with background information in respect of the site.
Since the report was published Officers advised the Committee that an
additional letter had been received raising similar issues already discussed in
the report relating to increased traffic and highway safety. It was noted that the amended noise report
with updated mitigation measures had been received and the Environment Agency
had confirmed that they raised no objections based on the updated Flood Risk
Assessment subject to condition. With
regards to the highways, surface water drainage and land contamination queries;
these were still to be resolved. Members
were advised that the applicant intended to programme the bridge and access
works during school holidays; hence the early reporting of the application to
Committee with a request for delegated authority to minimise delay that could
be apportioned to the planning system.
One correction to the report was made; the final paragraph on page 16
point a) of the recommendation to be deleted and replaced with ‘the entering into a legal or other agreement
for the provision of a financial contribution per dwelling’, similar to the
existing overarching Sandymoor Legal Agreement and
towards inter alia highway
improvements.
The Committee was addressed by Sandymoor
Parish Councillor David Felix, who spoke regarding the requirement for an
easement of drainage agreement which would need to be entered into between Sandymoor Parish Council (SPC) the owners of the land, and
the developer, and that currently this had not been finalised. Reverend Felix produced a draft plan of the
area detailing the drainage requirements.
He further stated that the public open space areas were not finalised
and that SPC needed more information regarding the financial contributions
towards this. Parish Councillor Felix
also raised concerns over the volumes of traffic in the area, in particular the
junction at Wharford Lane and Pitts Heath Lane, and Newmore Lane junction.
He also raised concerns of the access to Sandymoor
itself in the event of a road accident, as had recently happened. He requested the Committee to note that the
easement agreement had not yet been reached when making their decision on the
application.
In response to the Speaker the Committee was advised that the
outstanding drain easement agreement was a private land matter and therefore
not a material consideration. Drainage
considerations would normally be dealt with by conditions; similarly third
party payment for maintenance of the public open spaces was not a material
consideration whereas a maintenance schedule could be covered by a landscaping
condition. With regards to concerns over
the traffic and junctions, this was a material condition and the Highways
Officer responded. It was reported that
some allowance in the overall masterplan had been made for transport growth in Sandymoor up to 2018.
He stated that the performance of the junctions and chicane at Newmore Lane and Wharford Lane
would be monitored over the next two years; but there were no alterations
proposed as a result of the current proposals or in the immediate future. It was noted however that within the terms of
the recommendation this included scope to use Section 106 monies for
adaptations if deemed necessary in the future.
With regards to the drainage and land ownership issues, Officers advised
that these would be resolved during the course of the determination and prior
to any planning permission being issued under delegated powers.
Councillor Bradshaw raised concerns over the problems that already
existed on Newmore Lane and Wharford
Lane junctions and commented that this would worsen well before 2018 due to the
increase in the volume of traffic expected.
He suggested plans be put in place to cope with the increase in traffic
in these areas in the near future.
After taking the Officer’s report and updates and the Speaker’s representation into consideration, the Committee agreed to approve the application, subject to the required test outcomes upon expiration of the consultation period; the resolution of the outstanding issues mentioned above; and the conditions listed in the report.
RESOLVED: That the application be delegated, on expiration of all relevant consultation periods, to the Operational Director – Policy, Planning and Transportation, in consultation with the Chair or Vice Chair of the Development Control committee subject to:
a) The entering into of a Legal Agreement or other agreement for the provision of a financial contribution analogous to the existing overarching Sandymoor Legal Agreement, with added provision to include use of such financial contribution for alterations to Pitts Heath Lane / Wharford Lane junction, should the junction become overcapacity with the proposed development (plus committed development) in place.
b) Conditions relating to the following:
1) Standard 3 year permission (BE1);
2) Specifying approved and amended plans (BE1);
3) Requiring submission and agreement of a detailed Construction Environmental Management Plan, including wheel cleansing facilities and construction vehicles access routes, construction parking and management plans and timing and management of deliveries to avoid peak school drop off / pick up times, to be submitted and approved in writing (B1);
4) Materials condition, requiring the submission and approval of the materials to be used (BE2);
5) Landscaping condition, requiring submission and approval of both hard and soft landscaping, including replacement tree planting (BE2);
6) Submission and agreement of boundary treatment, including retaining walls (BE2);
7) Construction and delivery hours to be adhered to throughout the course of the development (BE1);
8) Vehicle access, parking and servicing to be constructed prior to occupation of properties / commencement of use (BE1);
9) Condition restricting permitted development rights relating to frontage boundary fences etc (BE1);
10) Requiring submission and agreement of a scheme of confirmatory soil testing strategy / remediation strategy and verification report upon completion of the remedial works as required (PR14);
11) Submission and agreement of details of on-site biodiversity action plan for measures to be incorporated in the scheme to encourage wildlife including dwellings to be fitted with bird boxes (GE21);
12) Conditions relating to tree protection during construction (BE1);
13) Submission and agreement of detailed surface water / highway drainage (BE1/PR5);
14) Requiring submission and agreement of site and finished floor levels (BE1);
15) Submission and agreement of Himalayan Balsam method statement (PR14);
16) Securing Water Vole displacement in accordance with the relevant Class Licence and best proactive protocol (GE21);
17) Submission and agreement of a detailed habitat management plan (GE21);
18) Submission and agreement of detailed bankside habitat mitigation scheme (GE21);
19) Submission and agreement of scheme of protective fencing to Keckwick Brook to secure 10m buffer zone (GE21);
20) Conditions securing compliance with Ecological Assessment / addendum recommendations / mitigation measures (GE21);
21) Conditions requested by the Environment Agency relating to the revised Flood Risk Assessment and mitigation measures (PR16);
22) Submission and agreement of updated noise mitigation measures to be implemented (PR2); and
23) Requiring submission and agreement of bridge parapet / materials details (BE1).
c) That if the S106 Agreement or alternative arrangement was not executed within a reasonable period of time, authority be delegated to the Operational Director – Policy, Planning and Transportation, in consultation with the Chair or Vice Chair of the Committee to refuse the application.