Issue - meetings

Section 73 application for variation of conditions 1 (plans), 2 (crime prevention) and 15 (restriction of permitted development) of previous reserved matters approval 2021/93286 pursuant to outline permission 2020/91215 for erection of 41 dwellings at Green Acres Close, Emley.  

Contact: Ellie Thornhill, Planning Services

Application approved (delegated).

The Committee gave consideration to Application 2023/92255 – Section 73 application for variation of conditions 1 (plans), 2 (crime prevention) and 15 (restriction of permitted development) of previous reserved matters approval 2021/93286, pursuant to outline permission 2020/91215 for erection of 41 dwellings at Green Acres Close, Emley.

Under the provisions of Council Procedure Rule 37, the Committee received a representation from Ben Gibson (on behalf of the applicant).

RESOLVED –

1) That authority be delegated to the Head of Planning and Development to approve the application, issue the decision notice and complete the list of conditions including matters relating to;  

1. Development in accordance with the plans and specifications schedule

2. Crime prevention measures to be completed in accordance with plan

    reference Z115.113 rev B

3. Details of external lighting

4. Detailed design of ball-stop net and associated support columns

5. A management maintenance plan to include the routine inspection and

    maintenance, and long-term repair and replacement of columns, netting

    and such other associated apparatus

6. A scheme detailing foul, surface water and land drainage

7. A scheme, detailing temporary surface water drainage

8. Development in accordance with the advice and directions

    (recommendations) contained in the Arboricultural Method Statement,

    reference, Wharncliffe Trees and Woodland Consultancy

9. Full details of hard and soft landscaping, including and management and

    maintenance programme

10. Details of all new retaining walls/ building retaining walls adjacent to the

      existing/ proposed adoptable highways

11. Details of any new surface water attenuation pipes/manhole located within

      the proposed highway footprint

12. Removal of PD rights for windows and doors within the northern facing

      side elevation of plot 8

13. A plan detailing the position and location of bat and bird boxes and

      hedgehog friendly fence panels

14. A Construction Environmental Management Plan

15. Removal of permitted development rights for Class Classes A to E

      inclusive of Part 1 of Schedule 2 for plots 14 – 20, 33, 34 and 41 as

      outlined on the hereby approved site plan Z155.002 rev E

2) That authority be delegated to the Head of Planning and Development to secure a S106 Deed of Agreement, linking this approval to the previous Section 106 Agreement (dated 23/06/21) and Deed of Variation (dated 03/03/21).

3) That, in circumstances where the S106 Agreement has not been completed within three months of this decision, the Head of Planning and Development shall be authorised to consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits that would have been secured, and would therefore be permitted to determine the Application and impose appropriate reasons for refusal under delegated powers.

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows;

For: Councillors Crook, E Firth, Pattison, A Pinnock and Sokhal (5 votes)

Against: (no votes)