REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 1 September 2014

Transcription

1 APPLICATION NO: P/2014 /0292 COMMUNITY: Rossett WARD: Rossett LOCATION: SITE OF FORMER ROSEMARY NURSERIES BURTON HALL ROAD BURTON ROSSETT WREXHAM LL12 0AR DESCRIPTION: DEMOLITION OF EXISTING STRUCTURES AND ERECTION OF 15 NO. DWELLINGS AND CONSTRUCTION OF NEW VEHICULAR AND PEDESTRIAN ACCESS DATE RECEIVED: 14/04/2014 CASE OFFICER: SEH AGENT NAME: ASTLE PLANNING AND DESIGN LTD MR MARTIN PARRY APPLICANT(S) NAME: MR G MYTTON MYTTON HOMES THE SITE Green Barrier Application Site Land within settlement limit Page 102

2 PROPOSAL This is a full application for residential development consisting of 15 no. 2, 3, 4 and 5 bedroom houses. The application includes a Design and Access Statement, Landscaping Scheme, Lighting Scheme, Sustainable Homes Code 3 Assessment and Planning Statement. RELEVANT HISTORY P/2013/ DWELLINGS INCLUDING ASSOCIATED ACCESS(S) AND LANDSCAPING WITHDRAWN DEVELOPMENT PLAN Brownfield site, outside of settlement limit within a Special Landscape Area and Green Barrier. UDP Policies PS1, PS2, PS3, PS4, PS8, PS11, PS12, GDP1, GDP2, H5, EC1, EC4, EC5 and T8 apply. Local Planning Guidance Notes Nos. 7 Landscape and Development, 10 Public Open Space in New Housing Development, 16 Parking Standards, 17 Trees and Development, 21 Space around Dwellings and 27 Developer Contributions to Schools are also relevant. CONSULTATIONS Community Council: Oppose the application for the following reasons: The site will be excessively congested; Increased traffic on Burton Road will be hazardous; Inadequate drainage in the area. Re-consulted Local Member: Re-notified Highways: No objection subject to recommended conditions (see special considerations section below). Welsh Water: No objection to connection to the public sewer subject to recommended conditions. Education: NRW: Public Protection: Site Notices: Expired Advert: Expired No contributions required. No objections. As the surface water cannot be directed to the mains sewer, SuDS must be used and as such a condition should be attached to the permission which secures a scheme prior to commencement of development to be approved by NRW. No objection subject to recommended conditions relating to the potential for land contamination and noise nuisance during the construction phase. Page 103

3 Neighbours: 2 letters received raising the following planning considerations: Increase in traffic generation on an already busy road; Retention and replanting of native hedges is an important aspect of the development; Street lighting should be minimal and turned off after 11pm; Hard surfacing should be permeable to increase natural drainage of the site; The houses on Rosemary Lane are too close to the highway and would be unsightly and out of keeping. Re-notified SPECIAL CONSIDERATIONS/ ISSUES Background: This is a full application for the residential development of the former Rosemary Commercial Nurseries, a Brownfield site which is outside of, but adjoining the defined settlement limit. The application involves a departure from the development plan, and the main issues to consider relate to the sustainability of the location, the impact upon the character and appearance of the area, and upon highway safety. Local Policy: The site lies outside the settlement limit within a Green Barrier and Special Landscape Area. It is however clearly a Brownfield site and has previously been extensively developed. It also lies immediately adjacent to the settlement limit of Burton. The principle of development in this location is generally unacceptable when assessed against the applicable policies PS1, EC1, EC5 and H5 of the Wrexham Unitary Development Plan with respect to the broad location of development, development within Green Barriers, development within Special Landscape Areas and Housing in the countryside. Ordinarily I would recommend that planning permission is refused for this proposal which represents a departure from the development plan. However the Council is only required to determine planning applications in accordance with and adopted plan, unless material considerations indicate otherwise. The re-development of this Brownfield site would not cause any harm to the locality that the UDP policies were designed to protect. Further, the development of this site, even though it is outside of the settlement limit, would comply with policies PS2, PS3 and PS4 relating to not having a material detrimental impact upon the countryside, the re-use of previously developed land and maintaining existing patters of the UDP. National Policy: Paragraph of Planning Policy Wales (to be read in conjunction with paragraph 9.2.8), indicates that a search sequence should be followed by local planning authorities when identifying sites to be allocated for Page 104

4 housing. Whilst this doesn t strictly apply to the consideration of planning applications, it nonetheless provides useful guidance. The proposal does not entirely comply with the guidance set out in paragraphs and since it does not lie within existing settlement limits, however in terms of being located within a sustainable location with accessibility to jobs, shops, services and facilities etc. the site is as accessible as properties within the adjoining settlement. Landscaped Public Open Space is provided on site and a map of the locality accompanies the application which shows reasonable access to shops, local equipped area of play, schools, churches, public houses, medical facilities etc. with the village centre being approximately 600 metres, or less than 10 minutes walk, from the site. The A483 Wrexham to Chester bypass can be reached easily from the site in order to gain access to jobs, hospitals and larger entertainment and retail facilities etc. The nearest bus stop is less than 1km away to the south east on Chester Road which provides a frequent 7 days per week service between Wrexham and Chester. The Building Research Establishment (BRE) has produced a sustainable checklist for developments which provides a common framework for developers and local authorities. This framework suggests that if at least 50% of the development footprint is within 2km of a regular link (every 15 mins) to a major fixed public transport mode (Wrexham bus and Chester railway stations), then good practice in sustainable locations has been achieved. The proposal would also comply with the objectives for sustainable development set out in paragraph of PPW, namely the promotion of resource efficient settlement pattern that minimise land take and urban sprawl through the re-use of previously developed land and avoiding the use of Greenfield sites to provide for housing supply, and locating developments so as to minimise the demand for travel, especially by private car. Para states that development in the countryside should be located within and adjoining settlements where it can best be accommodated in terms of infrastructure, access, and habitat and landscape conservation. Despite the fact that the proposal does not comply with policies H5 and PS1, given the sustainable location of the development and the brownfield status of the site I accept that its development for residential use in principle would not cause any detrimental harm to the countryside. Housing Land Supply: Planning Policy Wales (para 9.2.3) requires Local Planning Authorities to ensure that sufficient land is available or will become available to provide a 5 year supply of land for housing. The most recently published Joint Housing Land Availability Study (JHLAS) (2013) found that Wrexham has a housing land supply of 3.4 years. Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies advises that the results of the JHLAS should be treated as a material Page 105

5 consideration in determining planning applications for housing. Where the JHLAS shows a land supply below the 5 year requirement, TAN1 (paragraph 5.1) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with national planning policies. Planning Policy Wales includes a presumption in favour of sustainable development. Local Planning Authorities are required to include a statement in the JHLAS study outlining measures it is taking to address the shortfall in housing land supply. In Paragraph 3.5 of the 2013 JHLAS for Wrexham the Council has acknowledged that appropriate consideration will need to be given to any applications submitted for residential development outside of existing settlements. In considering the lack of a 5 year land supply in the County Borough, it would be difficult to claim that the proposed 15 dwellings significantly improves the 5 year land supply in order to justify the grant of planning permission on its own. However, given the lack of adverse impact of development it would seem sensible to allow this land to be developed and contribute to the shortfall in the number of houses needed in the Borough. Deliverability: For sites to contribute towards the 5 year housing land supply, sites must be free, or readily freed, from planning, physical and ownership constraints, and economically feasible for development. Planning constraints Whilst the proposal conflicts with a couple of UDP policies as already discussed above, the lack of a 5 year land supply is a significant material consideration in favour of the site being developed. Furthermore the development of the site would broadly accord with the presumption in favour of sustainable development set out in Planning Policy Wales. Physical constraints There are no significant constraints to development. Ownership constraints I am unaware of any ownership issues that would prevent the site from being developed. Economic viability I have no reason to believe that the development is unviable. Site Layout and Design: This Brownfield site currently houses a number of dilapidated structures associated with its last use as commercial Nurseries. The regeneration of the site will result in the wholesale removal of these structures and the redevelopment will visually enhance the general appearance of the area, in accordance with policy GDP1(a) and PS2. Page 106

6 The site is bounded by high hedges which, with the exception of those lost to create the new vehicular access, will be retained in the interests of preserving the character and appearance of the site. The existing access will be closed up by the planting of a native hedgerow and by the repair of the existing sandstone walling which will improve the appearance of the site, help maintain its semi-rural appearance and ease the integration of the new development into its surroundings. The site layout plan demonstrates that the site can accommodate the 15 dwellings proposed whilst providing private gardens and off street parking as well as a central area of public open space that will benefit from natural surveillance thus discouraging anti-social behaviour. The location of the POS along the front boundary also helps to reduce the impact of the built development as it ensures that the properties are set back from Burton Hall Road, and allows for significant tree planting in this location in order to soften and screen the development. The dwellings on Rosemary Lane maintain the existing building line and the corner plot has been designed to provided visual interest on both aspects which will be softened by the planting of native hedges and trees. The house types have been carefully designed to ensure that the development does not turn its back on the highways fronting the site. The dwellings face the highways in order to provide active frontages in the interests of the visual amenities of the area. The appearance of the houses has been traditionally influenced and the addition of chimneys completes the design. The doors have been designed to be more in keeping with the late Victorian/early Edwardian influence, and the scale and design of the houses respects the local vernacular and semi-rural character of the locality. I have included a plan of the proposed street-scene onto Rosemary Lane below. Figure 1 Perspective View from Rosemary Lane Residential Amenity: There would be no issues of overlooking or loss of light to the existing nearby dwellings arising from the proposed development. The site layout has been carefully designed to meet the separation distances recommended in LPGN No.21 to ensure that the occupiers of the proposed dwellings will enjoy private outdoor spaces and habitable rooms which will also have the benefit of a good level of natural daylight in the interests of the residential amenities of the occupiers. POS: In additional to the POS provided on site the developer pay a commuted sum of 15,000 towards the improvement of play facilities at the existing play area in Burton. The commuted sum will be secured as part of Page 107

7 the S106 agreement along with a requirement to the set a management company to maintain the on-site POS. Highways, Access and Parking: The site is located with a frontage onto two classified highways; Rosemary Lane is subject to a 30 mph speed limit and Burton Hall Road is mainly subject to the national speed limit. The existing access to the former nurseries is located on the corner of the site accessing out onto Burton Hall Road. The site plan shows the closure of this access to vehicles in a favour of a single vehicular access onto Burton Hall Road which has been demonstrated on the site plan as having adequate visibility in both directions. There will be no vehicular access onto Rosemary Lane. Parking provision is accordance with LPGN No.16 Burton Hall Road is subject to a 30 mph limit for the first 20m from its junction with Rosemary Lane, at which point the national speed limit applies. Given the scale of the development it is considered necessary to relocate the speed limit beyond any proposed new access, and this will be secured by planning condition. The road is approximately 4.1m wide which results in vehicles struggling to pass each other simultaneously. It is recommended that a road width of 4.8m is provided between the site access and Rosemary Lane which would benefit not only the occupiers/visitors to the site, but all users of this highway. A scheme demonstrating how this will be achieved must be submitted for approval prior to work commencing on site, and this should also be secured by planning condition A footway will be provided within the site to allow adequate access for residents on to Rosemary Lane whilst leaving the existing boundary hedge intact (except for the relocation of the site access). The south westerly pedestrian link on to Rosemary Lane will require the removal of a wall and some minor footway construction works. A detailed scheme for these works should also be submitted for approval prior to work commencing on site. The developer has indicated that the estate road will remain private. Manual for Streets suggests that it is possible for streets to remain private as long as a properly constituted body with defined legal responsibilities is established to maintain the street to the common benefit of the residents in perpetuity. This will form part of the S106 agreement. In this instance the Highway Authority would not wish to adopt any more than the first 6m back from the edge of the Burton Hall Road. The remainder should be passed into the control of this private management company. Trees and landscaping: As mentioned above, the POS fronts the site which affords adequate opportunity for comprehensive tree and boundary planting. As the properties have been designed with their frontages facing outwards, there is potential for the rear of the properties within the site to have a sterile appearance. As such the use of brick boundary walls will be used instead of Page 108

8 close boarded fencing, and the materials for the hard landscaping will also be carefully considered to create an interesting floorscape. Parking areas will be broken up with planting and screened by attractive walls, and the use of lit bollards within the site will ensure a more sensitive lighting scheme. The final landscaping and lighting schemes will be secured for further approval by way of planning condition. Drainage: There are no objections to the scheme from either Welsh Water or Natural Resources Wales (NRW). A comprehensive drainage scheme will be required by planning condition. Conclusion: Whilst representing a departure from some of the policies of the adopted UDP, the development of the site is justified in this instance as contributing to the 5 year land supply, being in a sustainable location and providing an acceptable form of development. The current proposal also offers the opportunity to bring a previously developed site back into beneficial use and visually enhance the area in accordance with planning policies GDP1 (a) and PS2. RECOMMENDATION A That the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990 requiring:- Future maintenance by the applicant of all communal areas including the parking areas, POS, hard and soft landscaped areas and planted features. Payment of the commuted sum of 15,000 for the augmentation of existing off-site local equipped play facilities of Greenfields in Burton. The final form and amount shall be determined by the Head of Community Wellbeing and Development. RECOMMENDATION B That if the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990, as detailed above, is not completed within six months of the date of the Committee resolution, the Head of Community Wellbeing and Development be given delegated authority to REFUSE planning permission for the following reasons:- Lack of appropriate maintenance by the applicant of all communal areas including the parking areas, POS, hard and soft landscaped areas and planted features. Lack of adequate provision of local equipped area of play. That the Head of Community Wellbeing and Development is given delegated authority to determine the final form and content of reasons for refusal. Page 109

9 RECOMMENDATION C Subject to the completion of the S106 obligation, planning permission be GRANTED subject to the following conditions:- CONDITION(S) 1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. With the exception of those shown on the approved plan and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting that Order with or without modification) no windows or other openings shall be inserted in any elevation of the buildings. 4. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 5. The following activities should not be carried out under any circumstances: 1) No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2) No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. Page 110

10 3) No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority. 6. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 7. The tree protection fencing and ground protection measures approved in connection with condition no. 06 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 8. The existing hedges along the north east and south east boundaries shall be permanently retained and shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height falls below 3 metres at any point without the prior written permission of the Local Planning Authority. If any parts of the hedges are removed without permission, die or become diseased, they shall be replaced by hedges of such size and species and within a timescale all to be approved in writing by the Local Planning Authority. 9. The development shall be carried out in strict accordance with the methodology, findings and recommendations contained within the Ecological Report as carried out by Ascerta and dated November 2013, revised on 14 January 2014 approved as part of this application. 10. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and Monday to Friday, and to on a Saturday, and at no time on a Sunday or a Bank Holiday. 11. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 12. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in Page 111

11 accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 13. No part of the development shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with condition no. 13. The sustainable drainage scheme shall be managed and maintained thereafter in strict accordance with the agreed management and maintenance plan. 14. Within 3 months of the commencement of development, full details of both hard and soft landscape works, to include some native planting, site contours, boundary treatment details and landscape features such as garden seats, shall be submitted to and approved in writing by the Local Planning Authority.The plan shall include a timescale for the implementation of works, and shall provide for ecological improvement / habitat creation and enhancement in the soft landscape areas for the benefit of biodiversity conservation specifically tailored to the landscape features. 15. The landscaping scheme submitted and approved in connection with condition no. 15 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 16. The planting scheme implemented in connection with condition no. 16 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted. 17. Within three months of the commencement of development a landscaping Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas shall be submitted to and approved in writing by the Local Planning Authority. The landscaping shall be managed and maintained in strict accordance with these details as are approved. 18. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. Page 112

12 19. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 18 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 20. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 43 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 21. The vehicular parking and turning areas as shown on approved drawing(s) No(s). GM0005/PL02 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of motor vehicles at all times. 22. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 23. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved in writing by the Local Planning Authority: 1) Detailed layout, design, drainage and construction of the proposed new footway / carriageway, 2) Road widening, 3) Kerb construction along Burton Hall Road, 4) Private Road Signage at site access, and 5) Relocation scheme for speed limit on Burton Hall Road. The scheme as is approved shall be fully implemented prior to first use of the development. 24. Within 3 months of commencement of development a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme as is approved shall be fully implemented in all respects prior to first use of the development. The approved lighting shall thereafter be retained and shall only be replaced on a like for like basis. 25. No part of the development shall commence until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. The scheme as shall be fully implemented prior to construction of any impermeable surfaces draining to the system. REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. Page 113

13 4. To ensure the work is carried out to accepted arboricultural practices for the long term wellbeing of the tree(s). 5. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 6. To ensure that the retained trees are adequately protected during development in the interests of amenity. 7. To ensure that the retained trees are adequately protected during development in the interests of amenity. 8. To protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. 9. In order to protect wildlife interests which are afforded special protection. 10. To protect the amenities of the occupiers of nearby properties. 11. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 12. To ensure satisfactory drainage of the site and to avoid flooding. 13. To ensure satisfactory drainage of the site and to avoid flooding. 14. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted and to ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 17. To ensure landscape features are properly considered and protected. 18. In the interests of the amenities of the future occupants of the buildings 19. In the interests of the amenities of the future occupants of the buildings 20. To ensure that adequate visibility is provided at the proposed point of access to the highway. 21. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 22. In the interests of highway safety. 23. In the interests of highway safety. 24. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 25. To prevent the increased risk of flooding on and off site. NOTE(S) TO APPLICANT The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. Page 114

14 You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on The applicant is advised that compliance with condition no. 11 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on for further advice and information. The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on for further advice and information. This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as ""conditions precedent"". You should be aware that it is important that you comply with any ""conditions precedent"". If Page 115

15 you do not, then any work you undertake on the development subject of this permission would not have planning permission. Further advice on compliance with condition nos 19 and 20 may be obtained by contacting the Council's Environmental Protection Team on Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. This planning permission requires that development be carried out in accordance with the approved plans, including the construction of an estate road intended for adoption by the Council under the Highways Act It is essential therefore that the detailed proposals are submitted to the Highway Authority and confirmed as acceptable BEFORE development commences. Please contact the Highway Authority on telephone no for further guidance. The applicant is advised that submission of a copy of the relevant section 38 adoption agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above condition no(s) to be formally discharged in writing. This permission requires that development be carried out in accordance with the approved plans, including the construction of a new access and footway improvements intended for adoption by the Council under the Highways Act It is therefore essential that the detailed proposals are submitted to the Highway Authority for written approval BEFORE the development commences. Please contact the Highway Authority on telephone no for further guidance. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include: Collapse of shallow coal mine workings. Collapse of, or risk of entry into, mine entries (shafts and adits). Gas emissions from coal mines including methane and carbon dioxide. Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. Transmission of gases into adjacent properties from underground sources through ground fractures. Coal mining subsidence. Water emissions from coal mine workings. Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to Page 116

16 restored opencast sites or quarries and former colliery spoil tips. Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas. In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted. Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on or at You are advised that this grant of planning permission was made following the completion of an Agreement under Section 106 of the Town and Country Planning Act. Before undertaking any work under this permission you are advised to obtain full details of the Agreement and ensure that you are able to comply with its terms. Page 117