Agenda item

Reserved matters application pursuant to previous outline permission 2020/91146 for erection of residential development of 35 dwellings Land west of, Wesley Avenue, Netherthong, Holmfirth.

Contact: Ellie Worth, Planning Services.

Ward(s) affected: Holme Valley South.

Delegate to the Head of Planning and Development to approve as detailed in

the considered report subject to the following additional conditions:

·       The second set of stone gate posts to be retained and incorporated into the design.

·       Hours of working to commence no earlier than 08:00 am.

The Sub Committee gave consideration to Planning Application 2023/90714 Reserved matters application pursuant to previous outline permission 2020/91146 for erection of residential development of 35 dwellings Land west of, Wesley Avenue, Netherthong, Holmfirth.

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from David Sykes, Neil MacLeod, Rachel Palmer and Stephen Dorril (objectors) and Andy Keeling (on behalf of the applicant).

Under the provisions of Council Procedure Rule 36(3), the Committee received a representation from Cllr Donald Firth (ward member).

RESOLVED –

Delegate approval of the application and the issuing of the decision notice to the Head of Planning and Development in order to:

1.     complete the list of conditions, including those contained within the considered report and the planning update, as set out below:

1. Development to be carried out in accordance with the approved plans and specifications.

2. Prior to their use, of all facing materials to include natural stone walling to be submitted to and approved in writing by the LPA.

3. Prior to their use, details of the proposed roofing material, to consist of natural slate unless otherwise agreed in writing by the LPA, to be submitted and approved in writing.

4. All new window frames shall be set back in the reveal by 75-100mm and shall not be fitted flush with the external wall.

5. Prior to the commencement of superstructure works, details for the repair works to the dry-stone wall to the northern edge of the site, along with the stone gate posts retained and re-set at the new pedestrian entrance onto Miry Lane, shall be submitted and approved in writing by the LPA.

6. Prior to the commencement of development (including ground works), the tree protection measures set out in the Arboricultural Method Statement (ref 230530a AMS) hereby approved shall be implemented in full and retained for the duration of the construction phase.

7. Prior to the commencement of superstructure works, details of measures to prevent and deter anti-social behaviour shall be submitted to and approved in writing by the LPA. These shall include lighting (including the pedestrian link to Miry Lane), window and glazing details, doors and locking systems, CCTV and alarms and cycle and motorcycle storage.

8. No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.

9. The temporary arrangements for bin storage as shown on site plan 2232 01 Rev E, shall be implemented prior to the first occupation of those residential units, and shall be so retained thereafter for the duration of the construction works unless otherwise agreed in writing by the Local Planning Authority.

10.Prior to the commencement of superstructure works, full details of the bin stores to serve the dwellings shall be submitted to be submitted to and approved in writing by the Local Planning Authority. The details shall include the design, height and materials of the bin store.

11.Notwithstanding the submitted plans, all first-floor openings within the southern elevation of plots 6, 13 and 14 shall be fitted with obscure glazing, minimum of Grade 4 and retained as such thereafter.

12.The development shall be carried out in accordance with the Construction Phase Plan dated 03/03/23 (2nd issue).

13.The development shall be carried out and retained in accordance with the Solar and Car Charging plan ref 2232 22 Rev A.

14.No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless authorised in writing by the Local Planning Authority.

15.Before the development commences a scheme detailing the location and cross-sectional information together with the proposed design and construction details for all new surface water attenuation tanks/pipes/manholes located within the proposed highway footprint or influence zone of highway loading shall be submitted to and approved by the LPA.

16.The development hereby approved shall not be occupied until the areas to be used by vehicles, as indicated on the approved plan, have been laid out with a hardened and drained surface in accordance with the Ministry of Communities and Local Government and Environment Agency’s ‘Guidance on the permeable surfacing of front gardens (parking areas)

17.Prior to the first occupation of any dwelling with external lighting (other than street lighting on streets to be adopted), details of the external lighting for that dwelling shall be submitted to and approved in writing by the Local Planning Authority. These details shall include a scheme detailing street lighting to all private (unadopted) roads/drives/courtyards and shall not include low-level or bollard street lighting. The external lighting shall be designed to avoid harm to residential amenity, increased highway safety risk, risk of creating opportunities for crime and anti-social behaviour, and disturbance to wildlife.

18.Prior to works commencing on the superstructure, details of all hard and soft landscape materials, including boundary treatments, garden fences/walls, new retaining walls and gabions and existing boundaries shall be submitted in writing and approved by the LPA. The details shall provide for the movement of hedgehogs.

19. Prior to works commencing on the superstructure, a management and maintenance plan for the landscaping scheme proposed shall be submitted and approved in writing by the LPA. This should also include any existing trees and vegetation retained on site, details for monitoring and remedial measures, including replacement of any trees, shrubs or hedge that fails or becomes diseased within the first five years from completion.

20.Prior to works commencing on the superstructure, a management and maintenance plan for the public open space shall be submitted to and approved in writing by the LPA. This should include the location and detailed design, details of any equipped area and playable space including safety surfacing, seats and litterbins.

21.The turning head to Wesley Avenue shall not be removed, until the new turning head within the development site is completed and open to use.

22.The development shall not commence until a joint survey with a Council engineer of the existing condition of the highway on Wesley Avenue (and the other surrounding highways to which construction traffic will take access pursuant to condition 9 on the outline application) has been approved in writing by the LPA. The survey shall include carriageway and footway surfacing, verges, kerbs, edgings, street lighting, signing and white lining. Upon completion of the development and before any building is occupied a highway condition survey identifying a scheme to reinstate any subsequent defects in the condition of the highway, shall be submitted to and approved in writing by the Local Planning Authority.

23. Prior to commencement of development, an updated botanical survey shall

be undertaken at the site between June and August, to specifically identify the localities of English Bluebell (Wildlife and Countryside Act 1981, Schedule 8). The findings of the survey shall be provided in an updated report, suitable for planning purposes (EcIA). The submitted report shall also detail a mitigation strategy, to ensure the continued survival of this species, within the development site.

2.     The following additional conditions:

·       The second set of stone gate posts to be retained and incorporated into the design.

·       Hours of working to commence no earlier than 08:00 am.

3.     Secure a section 106 agreement to cover the following matters:

1) Affordable housing – seven affordable housing units (four to be social rented three intermediate dwellings for affordable sale) to be provided in perpetuity.

2) Open space – A sum of £55,298 towards off site provision.

3) Education – £62,953 contribution to be spent on the additional spaces required at Netherthong Primary School and Holmfirth High School.

4) Management - The establishment of a management company for the management and maintenance of any land not within private curtilages or adopted by other parties, and of infrastructure (including surface water drainage until formally adopted by the statutory undertaker).

5) Highways and transport - £14,833.50 towards a Sustainable Travel Fund.

6) Biodiversity - £71,990 contribution towards off-site provision to achieve a 10% biodiversity net gain.

4. In the circumstances where the Section 106 agreement has not been completed within three months of the date of the Committee’s resolution then the Head of Planning and Development shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the mitigation and benefits that would have been secured and, if so, the Head of Planning and Development be authorised 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: Paul Davies, S Hall, Kaushik, Jo Lawson, Safdar, Sokhal and Ullah (7 votes).

Against: Councillor Bellamy (1 vote).

Abstained: Councillor Marchington