Agenda item

To consider the report of the Assistant Director City Development.

The City Development Manager presented the application for the construction of ground floor Retail Unit (218m² gross internal floor area) and 20 residential apartments with associated amenity space, parking and associated works and provision of an additional 20 parking spaces for use in conjunction with Newcourt Community Centre.

Mrs Hughes spoke against the application. She raised the following points:-

·         I, and local residents of Jack Sadler Way, believe that, because of the proximity of the development to our properties, we will be "goldfished bowled in" particularly as the number of units have been increased from eight to 20 and the balconies will overlook our properties;

·         the development will result in problems of noise, excessive traffic and dust during construction;

·         lack of green space for youngsters to play ball etc.;

·         significant difficulty in and danger to children crossing the road because of the increase in traffic the development will bring and traffic chaos will result with the opening of the primary school; and

·         little room for delivery vehicles to turn.

The City Development Manager advised that the objector’s property boundary was 14 metres from the development and that the distance to the property itself was 21 metres. He stated that specifying the hours of delivery was more relevant for the larger supermarkets than for the smaller retail outlet proposed as part of this development. The Highways Development Manager stated that the condition relating to a construction environment management plan would ensure that deliveries avoided school opening and closing times.

Mr West spoke in support of the application. He raised the following points:-

·         existing consent was for a larger, more imposing development than the one now proposed;

·         the development helped address the need for additional parking in the area;

·         a turning area and parking spaces for delivery vehicles were included in the parking area which is acceptable to the Highways Engineer;

·         balconies are provided to accord with policy requirements for private amenity space;

·         tried to reduce impact on neighbouring properties as much as possible. The overall size has been reduced and the flats on the top floor do not have balconies;

·         a Construction Environment Management Plan is included as a condition which is standard for developments of this nature; and

·         already in discussion with a potential occupier of the retail unit.

The recommendation was for approval, subject to the conditions as set out in the report.

RESOLVED that, subject to the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 to secure the affordable housing provision (4 apartments for social rent), public availability and maintenance of the extra 18 parking spaces between the retail unit and Omaha Drive, and a contribution of £3,000 from the developer towards a Traffic Regulation Order relating to the works within the public highway to provide a raised pedestrian/cycle crossing over Omaha Drive, planning permission for the construction of ground floor Retail Unit (218m² gross internal floor area) and 20 residential apartments with associated amenity space, parking and associated works and provision of an additional 20 parking spaces for use in conjunction with Newcourt Community Centre be APPROVED, subject also to the following conditions:-

(1)        The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

            Reason: To ensure compliance with sections 91-92 of the Town and Country Planning Act 1990.

(2)       The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 14^th March and 26^th June 2017  (including dwg. Nos. 001, RNSD-SK00 Rev P8, RNSD-SK201 Rev P8, RNSD-SK202 Rev P8, RNSD-SK203 Rev P8, sk1200 Rev P02 and sk1300 Rev P02) as modified by other conditions of this consent.

            Reason: In order to ensure compliance with the approved drawings.

(3)       Pre-commencement condition: No development related works shall take place within the site until a written scheme of archaeological work has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include on-site work, and off-site work such as the analysis, publication, and archiving of the results, together with a timetable for completion of each element. All works shall be carried out and completed in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

            Reason for pre-commencement condition: To ensure the appropriate identification, recording and publication of archaeological and historic remains affected by the development. This information is required before development commences to ensure that historic remains are not damaged during the construction process.

(4)       Pre-commencement condition: A Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development on site and adhered to during the construction period. This should include details of monitoring and mitigation measures to control the environmental impact of the development during the construction and demolition phases, including site traffic and traffic routing, the effects of piling, emissions of noise and dust and arrangements in respect of site compound to serve the development and accommodation of construction workers vehicles on site during the course of the works. The CEMPs should contain a procedure for handling and investigating complaints as well as provision for regular meetings with appropriate representatives from the Local Authorities during the development works, in order to discuss forthcoming work and its environmental impact.

            Reason for pre-commencement condition: In the interest of the environment of the site and surrounding areas. This information is required before development commences to ensure that the impacts of the development works are properly considered and addressed at the earliest possible stage.

(6)       Pre-commencement condition: The applicant shall undertake a noise impact assessment for this application, which shall be submitted and approved in writing prior to commencement of the development. This report shall consider the impact of noise from the development on local receptors and shall include noise from plant and equipment, noise from deliveries and collections, and noise transmission through the structure of the building as well as air-borne noise.

            If, following the above assessment, the LPA concludes that noise mitigation measures are required, the applicant shall then submit a scheme of works to ensure that the development does not have a significant negative impact on local amenity. These measures shall be agreed in writing by the LPA and shall be implemented prior to and throughout the occupation of the development.

            Reason for pre-commencement condition: In the interests of the residential amenities of the occupants of the proposed apartments and surrounding residential properties.

(7)       Pre-commencement condition: No materials shall be brought onto the site or any development commenced, until the developer has erected tree protective fencing around all trees or shrubs to be retained, in accordance with a plan that shall previously have been submitted to and approved in writing by the Local Planning Authority. This plan shall be produced in accordance with BS 5837:2005 - ‘Trees in Relation to Construction’. The developer shall maintain such fences to the satisfaction of the Local Planning Authority until all development the subject of this permission is completed. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority. No materials shall be stored within the fenced area, nor shall trenches for service runs or any other excavations take place within the fenced area except by written permission of the Local Planning Authority. Where such permission is granted, soil shall be removed manually, without powered equipment.

            Reason for pre-commencement condition: To ensure the protection of the trees during the carrying out of the development. This information is required before development commences to protect trees during all stages of the construction process.

(8)       In the event of failure of any trees or shrubs planted in accordance with the approved scheme of landscaping indicated on drawing no. RNSD-SK203 Rev P8 to become established and to prosper for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced with such live specimens of such species of such size and in such number as may be approved by the Local Planning Authority.

            Reason: To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

(9)       No part of the development shall be occupied until a travel plan (including recommendations and arrangements for monitoring and review) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the recommendations of the travel plan shall be implemented, monitored and reviewed in accordance with the approved document, or any amended document subsequently approved in writing by the Local Planning Authority.

            Reason: To ensure that the development promotes all travel modes to reduce reliance on the private car, in accordance with paragraph 36 of the NPPF.

(10)     No construction /demolition work shall take place outside the following times: 8am to 6pm (Mondays to Fridays) 8am to 1 pm (Saturdays) nor at any time on Sundays, Bank or Public Holidays.

            Reason: In the interests of residential amenity.

(11)     Samples of the materials it is intended to use externally in the construction of the development shall be submitted to the Local Planning Authority. No external finishing material shall be used until the Local Planning Authority has confirmed in writing that its use is acceptable. Thereafter the materials used in the construction of the development shall correspond with the approved samples in all respects.

Reason: To ensure that the materials used are appropriate in the interests of the visual amenity of the area.

(12)     Prior to occupation of the development hereby approved a Wildlife Plan which demonstrates how the proposed development has been designed to enhance the ecological interest of the site, and how it will be managed in perpetuity to enhance wildlife shall be submitted to and approved by the Local Planning Authority. The Wildlife Plan shall include the incorporation of a minimum of 20 integral bird/bat bricks within the fabric of the building. Thereafter the development shall be carried out and managed strictly in accordance with the approved measures and provisions of the Wildlife Plan.

Reason: In the interests of protecting and improving existing, and creating new wildlife habitats in the area.