Agenda item

Demolition of dwelling to create access and erection of 10 dwellings rear of, 18, Kingsley Avenue, Lockwood, Huddersfield, HD1 3SR.

Ward affected: Crosland Moor

Contact: Nick Hirst, Planning Services

Approval delegated.

The Committee gave consideration to Application 2023/91907.  Demolition of dwelling to create access and erection of 10 dwellings rear of, 18, Kingsley Avenue, Lockwood, Huddersfield, HD1 3SR

Under the provisions of Council Procedure Rule 37, the Committee received

representations from Jeremy Child (applicant’s agent) and Usman Ali (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 as at (5) below.

2)    That authority be delegated to the Head of Planning and Development to secure a Section 106 (i) highways - £10,000 towards funding waiting restrictions at the site access onto Kingsley Avenue Biodiversity (ii) a contribution of £56,120 towards off-site measures to achieve biodiversity net gain Management and Maintenance (iii) management and maintenance of drainage features in perpetuity (unless adopted by the statutory undertaker), and informal Public Open space on site in perpetuity.

3)    That it be noted the receipt of the Yorkshire Water consultation response with regards to the newly received calculations of discharge to the public sewer and associated details is awaited and that thereafter, (i) In the scenario where the consultation response from Yorkshire Water confirms no objection, determine the application as set out in (1) above. (ii) In the scenario where the consultation from Yorkshire Water includes an objection, officers are to consider the concerns raised and resolve accordingly, including considering whether Yorkshire Water’s concerns warrant a refusal of the proposal, whether a condition could be imposed, or negotiate with the applicant to overcome the objection.

4)    That pursuant to (2) above, in the circumstances where the S106 agreement has not been completed within 3 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 benefits that would have been secured; if so, the Head of Planning and Development is authorised to determine the application and impose appropriate reasons for refusal under Delegated Powers.

5)    That the condition be as set out below;

1)    Development shall be begun within three years of the date of the permission

2)    Development to be carried out in accordance with the approved plans and specifications schedule listed in the decision notice

3)    Prior to occupation a scheme detailing the dedicated facilities that will be provided at each dwellinghouse for charging electric vehicles and other ultra-low emission vehicles shall be submitted to the Local Planning Authority, and be installed prior to occupation

4)    Prior to occupation, details of secure and covered cycle storage for all dwellings shall be submitted to the Local Planning Authority and no dwelling shall be occupied until the approved cycle parking facilities have been provided for that dwelling. Cycle storage facilities shall thereafter be retained.

5)    Details of all boundary treatments and retaining wall materials (including sections and details of levels) shall be provided prior to commencement of superstructure works

6)    Samples of the proposed external materials to be used (walls and roofing) within the hereby approved dwellings shall be submitted and approved prior to their use

7)    Removal of Permitted Development Rights for outbuildings and extensions on all hereby approved dwellings

8)    Submission of a Landscape Management and Maintenance Plan (LMMP) for the external areas including any open space accessible to the public – approved in conjunction with Network Rail prior to works commencing

9)    Prior to development commencing a Construction Environmental Management Plan (CEMP) shall be submitted to the Local Planning Authority and shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties during construction works

10) Before the development is first brought into use, all works which form part of the sound attenuation scheme specified in the Noise Assessment Report shall be completed, and written evidence to demonstrate that the specified noise levels have been achieved

11) Before the development is brought into use, details of an acoustic barrier (as recommended in the Noise Assessment Report) shall be submitted to and approved by the Local Planning Authority. The acoustic barrier shall be installed prior to occupation and retained thereafter

12) Before the development commences a scheme detailing the location and cross-sectional information and construction/design details for all new retaining walls/building retaining walls adjacent to the existing/proposed adoptable highway shall be submitted to the Local Planning Authority. The approved scheme shall be implemented prior to commencement of the proposed development and thereafter retained during the life of the development

13) Before the development commences, a scheme detailing the location and cross-sectional information and construction/design 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 the Local Planning Authority. The approved scheme shall be implemented prior to commencement and retained for the life of the development

14) Prior to the development being brought into use, the approved vehicle parking areas shall be surfaced and drained in accordance with the Communities and Local Government; and Environmental Agencies ‘Guidance on the permeable surfacing of front gardens (parking areas)’ published 13th May 2009 (ISBN 9781409804864) as amended or superseded; and thereafter retained throughout the lifetime of the development.

15) Before development commences, any obstruction shall be set back to the rear of the proposed visibility splays as approved and shall be cleared of all obstructions to visibility and tarmac surfaced to current standards in accordance with details that have previously been approved by the Local Planning Authority.

16) Means of access to and from the site shall be in accordance with the preliminary access design and be fully constructed and made operational prior to first occupation of the development and retained and maintained for the lifetime of the development

17) Prior to construction commencing, a schedule of means of access for construction traffic shall be submitted to the Local Planning Authority. The schedule shall include the point of access for construction traffic, details of the times of use of the access, the routing of construction traffic to and from the site, construction workers parking facilities and the provision, use and retention of adequate wheel washing facilities within the site.

18) Development shall not commence until a survey of the existing condition of the highway on Kingsley Avenue and surrounding network where applicable has been submitted to the Local Planning Authority. 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 on Kingsley Avenue, shall be submitted to the Local Planning Authority. All of the identified works shall be implemented before any part of the development is first brought into use.

19) Bin collection area to be surfaced and provided prior to occupation.

20) The development shall not be occupied until the existing lighting column in the vicinity of the site access has been relocated, in agreement with the Council’s Street Lighting Engineer.

21) Where implementation of development is to be phased, and/or any dwellings are to be occupied prior to the completion of the development, details of temporary and permanent arrangements for the storage and collection of wastes from those residential units, and details of temporary arrangements for the management of waste collection points, shall be submitted to the Local Planning Authority prior to occupation of those residential units. Temporary arrangements shall be implemented prior to first occupation and be retained thereafter for the duration of the construction works

22) There shall be no piped discharge of surface water from the development and no part of the development hereby approved shall be brought into use until the flow restriction and attenuation works comprising the approved scheme have been completed.

23) Development shall not commence until a scheme, detailing temporary surface water drainage for the construction phase has been submitted to the Local Planning Authority.

24) Prior to the commencement of development (including ground works), a scheme detailing foul, surface water and land drainage, including off-site works, outfalls, balancing works, plans and longitudinal sections, hydraulic calculations, phasing of drainage provision, existing drainage to be maintained/diverted/abandoned, and percolation tests, where appropriate) shall be submitted to the Local Planning Authority. No part of the development shall be occupied until the drainage scheme has been implemented in full. The approved scheme shall thereafter be retained during the life of the development.

25) Development shall not commence until an assessment of the effects of 1 in 100-year storm events, with an additional allowance for climate change, blockage scenarios and exceedance events on drainage infrastructure and surface water run-off pre and post development between the development and the surrounding area has been submitted to the Local Planning Authority. No part of the development shall be brought into use until the works comprising the approved scheme have been completed and shall be retained thereafter.

26) Development shall be carried out strictly in accordance with mitigation strategies outlined within the approved Ecological Impact Assessment

27) An invasive non-native species protocol shall be submitted detailing the measures for containment, control and removal of Crocosmia prior to development commencing

28) Prior to development commencing, a Construction Environment Management Plan: Biodiversity shall be submitted to the Local Planning Authority and shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

29) Submission of a Biodiversity Enhancement and Management Plan (BEMP) ensuring no less than a 10% biodiversity net gain, prior to commencement of development

30) Submission of a Biodiversity Gain Plan prior to commencement of the development

31) No development shall take place in proximity to railway tunnel or tunnel shafts without prior submission of details of ground investigation and foundations of the works – approved in conjunction with Network Rail

32) Development shall not commence until a construction methodology has been submitted to the Local Planning Authority and demonstrates consultation has been undertaken with the Asset Protection Project Manager at Network Rail

33) A suitable trespass proof fence adjacent to Network Rails boundary (approx. 1.8m high) must be provided prior to works commencing on site, and provision must be made for its future renewal and maintenance.

34) The design and installation of suitable vehicle incursion measures to protect the adjacent railway network, must be provided prior to works commencing on site

35) The demolition of no. 18 Kingsley Avenue shall be undertaken in accordance with the hereby approved Demolition Impact & Method Statement

36) Repair works/reinstatement of the side elevation of no. 20 Kingsley Avenue shall be undertaken and completed prior to commencement of development on the superstructure works of dwellings hereby approved

37) Demolition, site clearance or any former structures or any groundworks shall not commence until a Phase II Intrusive Site Investigation Report has been submitted and approved

38) Where site remediation is recommended in the above Phase II Report, further works shall not recommence until a Remediation Strategy has been submitted and approved

39) Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy, however if remediation is unable to proceed in accordance with the Remediation Strategy, or contamination not previously considered is encountered on site, all ground works in the affected area shall cease immediately and works shall not recommence until proposed revisions are made to the Remediation Strategy

40) Following completion of any measures identified in the approved Remediation Strategy or revised Remediation Strategy a Verification Report shall be submitted to the Local Planning Authority

41) The development shall not be enclosed by gates, walls, or other means of enclosure that restrict public access.