Agenda item

Resolved:     (a)       That, subject to the applicant first entering into a Section

106 agreement by 9^th November 2018 to secure a review

 mechanism of the scheme’s ability to make a policy

compliant contribution to public open space, if the

development is not substantially commenced within 12

months from the date of the decision, and the payment of such a contribution if found financially viable, and to require a further viability appraisal to be undertaken if the development as constructed is not 100% affordable housing and the payment of a policy compliant contribution if found financially viable :-

The application be permitted subject to the

undermentioned conditions:

(i)            Development to be carried out in accordance with

the approved plans (to be listed within the condition) unless otherwise required by condition of the permission.

(ii)           Prior approval of precise details of the following,

and implementation of the approved details:

·                      Existing and proposed levels, and finished

floor levels of the dwellings.

·                      All external facing materials and hard

surfacing materials.

·                      Boundary treatments.

(iii)          Implementation of the recommendations of the

Arboricultural Method Statement.

(iv)          Tree protection fencing to be installed in

accordance with the submitted details and along

the site boundary to the rear of plots 26 to 36.

(v)           Ground protection measures within the rear

gardens of plots 26 to 36.

(vi)          No changes in ground levels within the RPAs.

(vii)        Approval and implementation of a scheme of hard

and soft landscaping to include replacement tree planting in gaps in the tree cover resulting from tree removal.

(viii)       Surface water drainage scheme.

(ix)          Contaminated land.

(x)           Submission and approval of design measures to

ensure that appropriate noise levels are achieved

addressing environmental noise, and industrial and

commercial noise.

(xi)          Submission and approval of an assessment of

artificial lighting from the adjoining industrial premises, including any mitigation measures that are identified as being necessary.

(xii)        Provision of a footway link from the site onto

Knowle View or into the Woodland at the rear of the site.

(xiii)       Submission and approval of a scheme of coal

mining remedial works, and the implementation of such works.

(xiv)       Prior approval of a scheme for the provision, in

perpetuity, of 16 affordable housing units within the development. The scheme shall include the timing of the construction for the affordable housing, arrangements to ensure that such provision is affordable for both initial and subsequent occupiers and the occupancy criteria to be used for determining the identity prospective and successive occupiers of such units and the means by which such occupancy will be enforced.

(xv)        Approval and implementation of a Construction

Environmental Management Plan and Construction Method Plan

(xvi)       Provision of access, internal roads, private drives

and parking areas prior to occupation and retention for the life of the development

(xvii)      Development not to be occupied until the visibility

splays are provided.  Such splays to be kept free of obstruction.

(xviii)    Prior approval and implementation of the surfacing

materials for the private drives, parking and turning areas and means of surface water drainage to such areas.

(b)       That, failing completion of the above planning obligation

by the date referred to in the above recommendation, that the Head of Planning either refuse the application on the grounds that without the obligation being secured, the development would fail to secure an appropriate contribution for off-site public open space which would reflect the infrastructure needs of the development and (should there be a viability case for non-policy compliant contributions) there would be no provision made to take into account a change in financial circumstances in the event of the development not proceeding promptly; or, if he considers it appropriate, to extend the period of time within which the obligation can be secured.