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_APPROVAL_

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									     PLANNING COMMITTEE DATE 03/12/2007


APPLIC REF NO 2007/457/ST                                      DATE RECEIVED               10/05/2007

CASE OFFICER             Graham Wraight                        DATE OF EXPIRY              05/11/2007

APPLICANT                GLADEDALE (EAST MIDLANDS) LTD

LOCATION AND DESCRIPTION OF PROPOSAL
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                          LAND OFF KINGS WALK, (PHASE 2 & 3) FORMER BERRY
                         HILL QUARRY, MANSFIELD

                         RESIDENTIAL DEVELOPMENT OF 109 UNITS
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RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS


     DESCRIPTION OF PROPOSAL AND APPLICATION SITE

     This application is being referred back to the Planning Committee following
     deferral at the 23rd July meeting to enable a Member site visit to take place. It
     was originally reported to the Planning Committee as it is a major proposal.

     This is a full planning application which proposes the development of 109
     residential units on a 2.45 hectare site within the former Berry Hill Quarry. The
     density of the development will be 44.5 units per hectare. The scheme will
     provide 115 outdoor parking spaces with 58 of the proposed dwellings also
     having a single indoor garage space.

     The site is located off Kings Walk, the main spinal access road through the
     quarry development. An access point from this road into the site has already
     been constructed. Existing residential properties are located adjacent to the
     northern site boundary and the construction of dwellings is currently taking
     place adjacent to the eastern site boundary. The site is bounded to the south
     and west by the cliffs of the former quarry face. A small retail shopping area is
     located on the opposite side of Kings Walk.

     The site slopes noticeably from the eastern boundary down towards the
     northern boundary.

     RELEVANT SITE HISTORY

     1998/18017/0104/P – Outline planning permission granted for the
     redevelopment of the former Berry Hill Quarry for residential purposes (with
     optional B1 business uses on 2.5 hectares) and associated open space,
     landscaping and access.

     2002/1320/ET - Outline application for residential development. Withdrawn
     pending the submission of further information.
PLANNING COMMITTEE DATE 03/12/2007


2003/873/ET – Outline planning permission granted for employment and
residential development

2006/327/ST - Final phase of residential development consisting of 132 no
units. Withdrawn pending amendments to scheme.

OBSERVATIONS RECEIVED

Throughout this report observations received in respect of each application
are presented in summary form. The full letters and consultation responses
received, including details of any non-material planning observations, are
available for inspection both prior to and at the meeting.

Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.

1)    Central Networks

      No objection

2)    National Grid

      No objection

3)    Environment Agency

      No objection subject to conditions

4)    Seven Trent Water

      No objection subject to conditions

5)    Nottinghamshire Wildlife Trust

      No objection, however, lizards may be present on the site. Requests
      that funding is obtained through a Section 106 Agreement to manage
      the Berry Hill Park Site of Importance for Nature Conservation. Regard
      must be had to the Wildlife and Countryside Act 1981 (as amended).

6)    Architectural Liaison Officer

      Objects. There is no rear privacy fencing between attached housing,
      natural surveillance has not been addressed and car parking areas are
      not gated. Furthermore, there is a shortage of off-road parking. Crime
      prevention and security issues should be addressed before permission
      is granted or should be controlled by a planning condition.
PLANNING COMMITTEE DATE 03/12/2007


7)        Nottinghamshire County Council Archaeological Officer

          No observations or recommendations.

8)        Environmental Health Manager

          No objection subject to conditions controlling hours and method of
          working during construction.

9)        Head Of Operational Services (Highways)

          No objection.

10)       Sport England

          No objection. The Council is encouraged to secure contributions from
          the developer to enable appropriate open space provision off-site.

11)       Members Of The Public

          Three observations have been made in relation to this application, by
          the occupiers of No.45 and No.49 White Rose Avenue and No.11
          Millrise Road. .

         The existing properties on White Rose Avenue are protected from
          flooding by an natural land bank. The plans suggest that this bank will
          be removed. The site already has significant problems with flooding
          and the existing properties to the northern boundary will be exposed to
          flood risk.
         The proposal will alter ground levels on the site.
         The site has a high insect and bat population and a full bat survey
          should be carried out to ensure there will be no damage to their
          habitat.
         An adequate consultation period should be carried out to allow the
          occupiers of neighbouring properties to make comments.
         Concern is raised with regard to the impact that more apartments will
          have on the appearance and cleanliness of the estate.
         There are problems with over parking at present and with people
          travelling too fast on Kings Walk.
         There is plenty of affordable housing on the estate already and this
          development should be restricted to 3 and 4 bedroom family homes.
         There are currently problems with litter and dog faeces and
          Grimebusters have to be contacted on a regular basis.
PLANNING COMMITTEE DATE 03/12/2007


POLICY & GUIDANCE

National

Planning Policy Statement 1 – Delivering Sustainable Development
Sets out the overarching policy and principles for the planning system. States
that new development should be sustainable in nature and should achieve a
high quality of design.

Planning Policy Statement 3 – Housing
Sets out the Government policy in respect of new housing development.
States that preference will be given for new housing development on
previously developed sites within sustainable locations

Planning Policy Statement 9 – Biodiversity and Geological Conservation
Sets out the Government policy in respect of protection of biodiversity and
geological conservation in respect of planning.

Planning Policy Guidance Note 13 – Transport
Sets out the Government policy in respect of transport.           Indicates that
transport and land use planning should be integrated.

Planning Policy Guidance Note 17 – Planning for Open Space, Sport and
Recreation
Sets out the Government policy in respect of open space.

Planning Policy Guidance Note 24 – Planning and Noise
Sets out the Government policy in respect of noise.

Regional

Regional Spatial Strategy

Policy 2 – Sets out the locational priorities for development indicating that
priority should be given for new development to be located on previously
developed sites within urban areas.

Policy 3 – Sets out the criteria for assessing the suitability of land for
development

Policy 9 – States that the economic, social and environmental regeneration of
the northern sub area will be a priority.

Policy 17 – Sets out the regional housing provision that needs to be met in
Nottinghamshire

Policy 19 – Sets out the regional priorities for managing the release of land for
housing, of which Mansfield is one area.
PLANNING COMMITTEE DATE 03/12/2007


Nottinghamshire and Nottingham Joint Structure Plan

Policy 1/1 – States that all new development should be sustainable and sets
out the criteria to encourage sustainable developments.

Policy 3/3 – Sets out the housing provision that needs to be made over the
plan period in Mansfield.

Mansfield Local Plan

Saved Policy DPS2 (28/09/07) – This policy aims to ensure development is
concentrated in the most sustainable locations.

Saved Policy H2 (28/09/07) – Sets out the criteria that new housing
developments need to meet.

Saved Policy M16 (28/09/07) – Sets out the criteria that new developments
need to meet in relation to the highway network.

Saved Policy BE1 (28/09/07) – This policy aims to ensure developments
achieve a high standard of design.

The Mansfield District Local Plan 1998 identifies the site as being within the
defined urban boundary.

Other

Berry Hill Quarry Design Brief – Approved by Planning Committee in August
2000, shows the application site allocated for employment use as part of the
wider quarry redevelopment.

Adopted Interim Planning Guidance note 3 Recreation Provision on New
Residential Developments (November 2006) – Sets out the requirements for
recreational provision for new residential developments

ISSUES

The main issues for consideration in relation to this application are:

       The principle of residential development
       Design and layout
       Impact on residential amenity
       Existing quarry face
       Planning obligations
       Other issues
PLANNING COMMITTEE DATE 03/12/2007


Principle of Residential Development

An outline planning application (1998/18017/0104/P) granted permission for
the redevelopment of the former Berry Hill Quarry for residential purposes
(with optional B1 business uses on 2.5 hectares) and associated open space,
landscaping and access. The residential development of the quarry has taken
place in phases and a number of subsequent reserved matters applications
have been approved. Outline permission was also granted on the site under
consideration for a mix of residential and employment use (2003/873/ET). The
original outline planning permissions have however now expired and the
application under consideration is submitted as a full planning application.

Within the outline planning permission granted in 1998 an area of ‘brown land’
was specifically designated for optional B1 employment use. This ‘brown land’
is the area of land to which the application currently under consideration
relates. The subsequent Berry Hill Quarry Design Brief, approved by the
Planning Committee in August 2000 identified this area for employment use. It
should however be noted that the original outline permission referred to an
optional B1 use, and it is therefore considered that the possible development
of this area of the quarry exclusively for residential purposes was accepted in
principle when outline consent was approved.

Due to the presence of the high quarry face along the southern and western
boundary of the site, the Council has previously taken the view that the onus
is on the applicant to demonstrate that the whole of the site is suitable for
residential purposes and that adequate levels of sunlight and daylight can be
achieved within the new properties. The outline application approved in 2003
indicatively split the site into two, placing the employment use in the areas it
was considered may not be suitable for residential purposes. This being the
case, the Council did not request full details of sunlight or daylight levels
covering the whole site prior to the approval of this outline application.

The applicant has submitted an internal daylight/sunlight report relating
directly to the layout and positioning of dwellings proposed. It is considered
that this report satisfactorily demonstrates that an adequate level of both
sunlight and daylight will be achieved in the new dwellings and that the area
closest to the quarry face is suitable for residential development. Given that
an outline permission has previously been granted for residential development
on this site, it is considered that the principle of such development has been
established. The outstanding issue of sunlight and daylight levels has been
satisfactorily resolved and therefore subject to the usual development control
considerations, it is considered that the residential development of the entire
site can be supported.

Design and Layout

The development will have one vehicular access point leading from King’s
Walk into the site. Following discussions with the applicant, the frontage of the
site has been strengthened and the houses proposed in this location have
been repositioned to face towards King’s Walk. This will complement the
PLANNING COMMITTEE DATE 03/12/2007


layout of the existing dwellings to the north of the site and those dwellings
currently under construction to the east of the site which also face towards
King’s Walk. In addition, this arrangement will allow strong landscaping along
the frontage of the site, to the benefit of the street scene.

The development proposed consists predominantly of two, three and four
bedroom dwellinghouses, however an apartment block consisting of eighteen
units is proposed in the south-west corner of the site. Dwellings will be of one,
two, two and a half and three storeys in height. It is considered that the layout
of the site is generally acceptable and that this development will integrate well
within the context of this site and the wider Berry Hill Quarry development.

Consideration has been given to the use of suitable materials and the
applicant has provided an indicative site plan showing how a mixture of
materials could be used. The properties under construction adjacent to the
eastern boundary are being constructed from stone, whereas the existing
buildings to the northern boundary are built from brick. In essence, this site
provides a link between properties in the upper part of the quarry which have
been constructed from stone, and those in the lower quarry that have been
built from brick. The indicative materials schedules shows that the properties
at the front of the site will be constructed from stone, with brick used internally
within the site. Final details of materials will be controlled by a condition.

Existing Quarry Face

A high quarry face forms the southern and western boundaries of the site and
will be located in close proximity to the rear gardens of a number of properties
within the development. It is therefore considered prudent to require the
applicant to provide details of the current stability of the quarry face and any
measure proposed to ensure slope stabilisation, any remediation work that is
required and a management plan detailing how the quarry face will be
maintained in the future. These details can be secured by appropriate
planning conditions.

Impact on Residential Amenity

As the site is bounded to the north by existing residential dwellings, and the
east by dwellings that are likely to be occupied in the near future,
consideration must be given to any impacts on residential amenity that may
arise from this development.

Starting with the northern boundary, concern has been raised by the occupier
of a property on White Rose Avenue that this development will exacerbate
drainage problems on the site and will require the alteration of ground levels.
However, neither Severn Trent Water or The Environment Agency object on
the grounds of site drainage. Although it is proposed to remove the existing
land bank adjacent to existing residential properties as part of the
development, it is considered that any drainage issues that may arise could
be satisfactorily resolved through the use of a condition requiring details to be
submitted of how surface water run-off will be dealt with. The applicant’s
PLANNING COMMITTEE DATE 03/12/2007


agent has advised that two areas of standing water currently appear on the
site after sustained heavy rain due to a complete lack of drainage at present.
It is also advised that these areas of water will disappear when the drainage
works are installed as part of this development.

With regard to the existing and proposed ground levels, site sections have
been provided. These sections show that the site ground level adjacent to the
northern boundary will be approximately one metre higher than the existing
ground level beyond this boundary. It is considered that such a difference is
acceptable and will not cause harm to the residential amenities of the
occupiers of the existing properties on White Rose Avenue. The proposed
dwelling on Plot 89 will be thirteen metres from the main rear aspect windows
of Numbers 41 and 43 White Rose Avenue, a separation that is just short of
the fourteen metres stated within the Council’s Space About Dwellings
guidance note. Even having had regard to the difference in ground levels, this
separation is considered to be adequate to safeguard the amenities of
occupiers of the existing properties on White Rose Avenue. Details of existing
and proposed ground and finished floor levels can be controlled by a
condition.

The development of new dwellinghouses is currently taking place adjacent to
the eastern boundary of the site, however proposal under consideration will
not adversely impact on any of these new properties. Adequate distance will
be maintained between the dwellinghouses adjacent to these boundaries.

Planning Obligations

In accordance with the Council’s adopted Interim Planning Guidance Note 3
Recreation Provision on New Residential Developments (IPG3), the applicant
is required to make a contribution towards the provision of public open space.
The layout under consideration does not propose that any public open space
is provided on-site and therefore a contribution towards off-site open space
provision is required. It is considered that the absence of on-site open space
is acceptable in this instance as provision has been made in other areas of
the quarry development and Berry Hill Park is in relatively close proximity to
the site.

The Section 106 planning agreement relating to the outline planning
permission granted in 1998 stated that a sum of £543,620 would be payable
towards the enhancement and upgrading of Berry Hill Park. In the event that
the identified ‘brown land’ was not developed for residential purposes this sum
would be reduced to £420,200. To date, the Council has received payment of
£420,200 in accordance with the Section 106 agreement and this money has
been transferred to the Berry Hill Park Trustees who have to date refurbished
the park’s running track and installed a play area. Under the terms of the
Section 106 agreement, this leaves an outstanding payment of £123,420 in
relation to the development of the ‘brown land’ for residential purposes, as is
proposed by this application.
PLANNING COMMITTEE DATE 03/12/2007


It must be noted however that the Council has formally adopted IPG3 in the
intervening period since the original outline permission was granted and the
current application was submitted. It is therefore considered that the
requirements of IPG3 must be met as part of this application and that the
contribution must meet that required by this document. To this extent, the
applicant has agreed to pay a sum of £220,180 towards off-site open space
provision and its future maintenance. The Parks and Street Care Manager
has informally suggested that this contribution may be used to address
community interest plan priorities in the adjacent Berry Hill, Lindhurst and
Eakring wards and for recreational enhancements to Thompson’s Grave and
King George V Playing Fields.

Other Issues

An objection has been raised by Nottinghamshire Police’s Architectural
Liaison Officer on the grounds that there is no rear privacy fencing between
attached housing, natural surveillance has not been addressed and car
parking areas are not gated. Furthermore, there is a shortage of off-road
parking and crime prevention and security issues should be addressed before
permission is granted. With regard to privacy between dwellings, details of
boundary treatments will be controlled by way of a condition. It is considered
that reasonable measures have been undertaken to ensure that car parking
areas are overlooked and the applicant has agreed to gate car parking courts.
It is recommended that a condition is attached requiring the submission of a
crime statement. Finally, the parking arrangements within the site have met
with the requirements of the relevant highways department and therefore no
further action is proposed in response to this comment. The applicant’s agent
has also confirmed that the car parking areas will be gated and has stated the
natural surveillance is a fundamental component of the design. It has also be
confirmed that details of fencing, including any additional security and privacy
fence will be agreed as part of an appropriate condition.

Neighbour concern has also been raised with regard to the provision of
apartments within the development and a request made that dwellings are 3
and 4 bedroom family homes only. It is considered however that the provision
of various sizes and types of dwellinghouses within the development is in
accordance with the guidance of Planning Policy Statement 3 – Housing. As
previously discussed, the necessary highway and parking standards have
been achieved to the satisfaction of the relevant authorities. The speed at
which vehicles drive on Kings Walks cannot reasonably be controlled as part
of this application, nor can existing litter problems.

Concerns about the potential impact on wildlife have been raised by
Nottinghamshire Wildlife Trust and by the occupier of No.45 White Rose
Avenue. It is noted however that much the site appears to have already been
cleared and is currently being used as storage area for materials relating to
the development to adjacent to the eastern site boundary. Notwithstanding
this, the applicant will be made aware of their responsibilities under the
Wildlife and Countryside Act 1981 (as amended). The necessary public
consultation period has been undertaken with regard to this application.
PLANNING COMMITTEE DATE 03/12/2007



CONCLUSION

It is considered that the principle of residential development on this site has
been established through the granting of previous permissions. The applicant
has now satisfactorily demonstrated that acceptable levels of sunlight and
daylight can be achieved within the dwellings closest to the former quarry face
and the development of the whole site solely for residential purposes is
considered acceptable.

The scheme is of an appropriate design and layout within the context of the
wider Berry Hill Quarry redevelopment and will integrate well with surrounding
residential properties. It is not considered that the development will cause
detriment to the occupiers of adjacent residential properties. A contribution
will be paid by the applicant towards the provision and maintenance of off-site
open space.

In conclusion, it is considered that the development proposed is acceptable.

RECOMMENDED CONDITIONS/REASONS/NOTES

SUMMARY OF REASONS FOR DECISION

In the opinion of the Local Planning Authority, the proposal is in accordance
with Saved Policies DPS2, BE1 and H2 [28/09/07] of the Mansfield District
Local Plan 1998, PPG3 – Housing and Interim Planning Guidance Note 3
Recreation Provision on New Residential Developments. The proposal is
considered to be of an acceptable design and layout and is not considered to
lead to a loss in residential amenity for the occupiers of nearby residential
properties. The Highway Authority has raised no objection to the scheme and
the proposal is considered to be in accordance with Saved Policy M16
[28/09/07].

In the opinion of the Local Planning Authority, there are no other material
planning considerations to be taken into account that would warrant a
decision at variance with the above.

(1) The development hereby permitted shall be begun before the expiration of
three years from the date of this consent.

(1) Reason: In accordance with Section 91(1) of the Town and Country
Planning Act 1990, as amended by S51(1) of the Planning and Compulsory
Purchase Act 2004.


(2) This permission shall be read in accordance the submitted application, all
subsequent correspondence and the following plans:

        Site layout plan, received on 23/10/07
        Garage details, drawing no.SD1 received on 30/08/07
        Apartment elevations, drawing no.Apart/1-D, received on 29/08/07
PLANNING COMMITTEE DATE 03/12/2007


        Apartment ground floor plan, drawing no.919/104-F, received on
         10/05/07
        Apartment first and second floor plan, drawing no.919/102-F,
         received on 10/05/07
        House type 409 elevations and floor plans, received on 29/08/07
        House type 420 and 422 elevations, received on 13/08/07
        House type 420 and 422 floor plans, received on 13/08/07
        House type 390 elevations, received on 13/08/07
        House type 390 floor plans, received on 13/08/07
        House type 365c elevations and floor plans, received on 06/08/07
        Individual apartment elevations and floor plans, received on 10/05/07
        House type 255 elevations and floor plans, received on 10/05/07
        House type 259 elevations and floor plans, received on 10/05/07
        House type 365 elevations and floor plans, received on 10/05/07
        House type 366 elevations and floor plans, received on 10/05/07
        House type 368 elevations and floor plans, received on 10/05/07
        House type 371 elevations and floor plans, received on 10/05/07
        House type 376 elevations and floor plans, received on 10/05/07
        House type 381 elevations and floor plans, received on 10/05/07
        House type 408 elevations and floor plans, received on 10/05/07
        House type 410 elevations and floor plans, received on 10/05/07
        House type 412 elevations and floor plans, received on 10/05/07

The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.

(2) Reason: To define the permission, for the avoidance of doubt.

(3) No development shall commence until a planning obligation in the form of
a Section 106 Agreement has been submitted to and engrossed by the Local
Planning Authority. This Agreement shall relate to a contribution towards the
provision/maintenance of off-site recreational facilities to be paid in
accordance with IPG3 Recreation Provision on New Residential
Developments. Payments to be made in stages, details to be agreed in
writing by the Local Planning Authority.

(3) Reason: To ensure the development meets the required standards and to
accord with the Council’s adopted Interim Planning Guidance note 3
Recreation Provision on New Residential Developments.

(4) No development shall commence until details of the proposed external
facing materials to be used have been submitted to and approved in writing by
the Local Planning Authority. The development thereafter shall be undertaken
in accordance with the approved details.

(4) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
PLANNING COMMITTEE DATE 03/12/2007



(5) No development shall commence until details of the proposed roofing
material to be used have been submitted to and approved in writing by the
Local Planning Authority. The development thereafter shall be undertaken in
accordance with the approved details.

(5) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.

(6) No development shall taken place until the Local Planning Authority has
approved:

     a) Details of the type of construction proposed for the road and/or
        footways including all relevant cross sections and longitudinal
        sections showing the existing and proposed levels together with
        details of street lighting and the method of surface water drainage
        including outfall proposals.

     b) A programme for the making-up of the roads and/or footways.

The roads and footways shall be laid out and made up in accordance with the
approved programme and details and in any event shall be so constructed
that, by not later than the time any building erected on the land is occupied;
there shall be a direct connection from it (completed to the approved
specification less the carriageway and footway surfacing) to a highway of
adoptable standard. The final carriageway and footway surfacing shall be
commenced within three months and completed within six months from the
date upon which erection is commenced of the penultimate building for which
permission is hereby granted.

(6) Reason: To ensure an adequate standard of access to the estate in the
interests of local amenity and convenience.

(7) No dwelling to which this permission relates shall be commenced unless
or until the carriageway base and kerb foundation of the new road on which it
fronts, is adjacent to, or gains access from, has been constructed.

(7) Reason: To ensure an adequate standard of access to the estate in the
interests of local amenity and convenience.

(8) Prior to the commencement of works on the site, details of a wheel
washing facility for construction traffic shall be submitted to and approved in
writing by the Local Planning Authority. The scheme shall be implemented in
accordance with the approved details during construction work.

(8) Reason: In the interests of highway safety.

(9) Building operations shall not be commenced until details of the surface
water and sewage disposal proposals serving the site have been submitted to
and approved in writing by the Local Planning Authority. The development
thereafter shall be undertaken in accordance with the approved details.
PLANNING COMMITTEE DATE 03/12/2007


(9) Reason: To ensure that the development meets the required standards.

(10) Prior to being discharged into any watercourse, surface water sewer or
soakaway system, all surface water drainage from parking areas and
hardstandings shall be passed through trapped gullies with an overall capacity
compatible with the site being drained.

(10) Reason: To prevent pollution of the water environment.

(11) No development shall commence until a scheme for the provision and
implementation of surface run-off limitation, including onto any adjacent land
or property, has been submitted to and approved in writing by the Local
Planning Authority. The scheme shall incorporate sustainable drainage
principles and shall be implemented in accordance with the approved
programme and details.

(11) Reason: To prevent the increased risk of flooding.

(12) The development hereby approved shall not be commenced until:

   a) A desk top study has been carried out which shall include the
      identification of previous site uses, potential contaminants that might
      reasonably be expected given those uses and other relevant
      information. This information shall be used to create a diagrammatical
      representation (conceptual model) of the site for all potential
      contaminant sources, pathways and receptors.

   b) A site investigation has been designed for the site using the information
      obtained from the desk top study and diagrammatical representations
      (conceptual model). This site investigation must enable a risk
      assessment to be undertaken relating to ground and surface waters
      both on and off site which may be affected, refinement of the
      conceptual model and the development of a method statement
      detailing the remediation requirements. This site investigation shall be
      submitted to and approved in writing by the Local Planning Authority
      prior to its implementation.

   c) The approved site investigation has been undertaken in accordance
      with the details approved in writing by the Local Planning Authority and
      a risk assessment has been completed.

   d) A method statement detailing remediation requirements, including
      measures to minimise the impact on ground and surface waters, using
      the information obtained from the site investigation has been submitted
      to the Local Planning Authority. This method statement shall be
      approved in writing by the Local Planning Authority prior to any
      remediation works being carried out on site.

Prior to the commencement of the main site works the remediation works
shall be completed in accordance with the approved method statement to the
satisfaction of the Local Planning Authority. Validation of the remedial scheme
PLANNING COMMITTEE DATE 03/12/2007


shall then be submitted to and approved in writing by the Local Planning
Authority.

(12) Reason: To ensure the site is suitable for its intended use, to protect the
quality of the water environment.

(13) The hours of work during construction and the delivery of materials on to
the site shall be restricted to 08.00-18.00 hours Monday-Friday, 08.00-13.00
hours Saturdays and no working shall take place on Sundays and Bank
Holidays.

(13) Reason: To protect the amenities of nearby residents.

(14) No development shall commence until a plan indicating the positions,
design, materials and type of walls, fences and other means of enclosure to
be erected within and along the boundaries of the site have been submitted to
and approved in writing by the Local Planning Authority. The development
thereafter shall be undertaken in accordance with the approved details before
the buildings are occupied.

(14) Reason: To ensure the satisfactory overall appearance of the completed
development is in accordance with Saved Policy BE1 (28/09/07) of the
adopted Mansfield District Local Plan and to help assimilate the new
development into its surroundings.

(15) No development shall take place until the method of working during the
construction phase, in the form of an environmental management plan, to
include control of noise, vibration and dust emission has been submitted to
and approved in writing by the Local Planning Authority. All subsequent
construction shall be undertaken in accordance with the approved scheme
unless otherwise agreed in writing by the Local Planning Authority.

(15) Reason: To protect the amenities of nearby residents.

(16) Building operations shall not be commenced until details of the existing
and proposed ground levels and proposed finished floor levels of the
building(s) have been submitted to and approved in writing by the Local
Planning Authority. The development thereafter shall be undertaken in
accordance with the approved details.

(16) Reason: In the interests of visual and residential amenity and to accord
with Saved Policy BE1 (28/09/07) of the Mansfield District Local Plan.

(17) The proposed garages)shall be retained for car parking purposes and
shall retain a rear access to the property in accordance with the details shown
on drawing number SD1 received on 30th August 2007.

(17) Reason: To allow storage of wheeled bins to the rear of the properties

(18) Notwithstanding the details of the application hereby approved, no
development shall commence until full elevational details of all garages to be
PLANNING COMMITTEE DATE 03/12/2007


erected have been submitted to and approved in writing by the Local Planning
Authority.

(18) Reason:    For the avoidance of doubt and in the interests of visual
amenity.

(19) No development shall take place until there has been submitted to and
approved in writing by the Local Planning Authority a scheme of landscaping.
Such a scheme shall include as appropriate: details of proposed and existing
shrubs and hedgerows including details of those to be retained and any to be
removed, planting plans, written specifications including cultivation and other
operations associated with plant and grass establishment, schedules of plants
noting species sizes and proposed numbers/densities where appropriate and
a programme of implementation. All planting, seeding or turfing indicated in
the approved scheme shall be carried out in the first planting and seeding
seasons following the occupation of the building or the completion of the
development, whichever is the sooner, and any plants which within a period of
five years from the completion of the development die, are removed, or
become in the opinion of the Local Planning Authority seriously damaged or
diseased, shall be replaced in the next planting season with others of similar
size and species, unless the Local Planning Authority gives written consent to
any variation. The development thereafter shall be undertaken in accordance
with the approved details.

(19) Reason: To ensure the satisfactory overall appearance of the completed
development is in accordance with Saved Policy BE1 (28/09/07) of the
adopted Mansfield District Local Plan and to help assimilate the new
development into its surroundings.

(20) No development shall be undertaken until details of the future long term
maintenance of the landscaped areas have been submitted to and approved
in writing by the Local Planning Authority. The maintenance shall thereafter
be undertaken in accordance with the approved details unless otherwise
agreed in writing by the Local Planning Authority.

(20) Reason: To ensure the satisfactory overall appearance of the completed
development is in accordance with Saved Policy BE1 (28/09/07) of the
adopted Mansfield District Local Plan and to help assimilate the new
development into its surroundings.

(21) Notwithstanding the provisions of the Town and Country Planning
General Permitted Development Order 1995 (or any other revoking and re-
enacting that order) no development relating to Class A of Part 1 of Schedule
2 (erection of extensions) shall be erected on plots 7, 8, 11-17, 19-22, 30, 31,
37, 41, 46, 48-51, 78, 79, 81-88 and 94-96 without the prior consent in writing
of the Local Planning Authority.

(21) Reason: To protect the amenities of future occupiers of the dwellings in
accordance with Saved Policy H2 (28/09/07) of the Mansfield District Local
Plan.
PLANNING COMMITTEE DATE 03/12/2007


(22) Notwithstanding the provisions of the Town and Country Planning
General Permitted Development Order 1995 (or any other revoking and re-
enacting that order) no development relating to Class E of Part 1 of Schedule
2 (erection of buildings incidental to the enjoyment of a dwellinghouse such as
greenhouses, sunhouses and garden sheds) shall be erected on plots 7, 8,
11-17, 19-22, 30, 31, 37, 41, 46, 48-51, 78, 79, 81-88 and 94-96 without the
prior consent in writing of the Local Planning Authority.

(22) Reason: To protect the amenities of future occupiers of the dwellings in
accordance with Saved Policy H2 (28/09/07) of the Mansfield District Local
Plan.

(23) Notwithstanding the provisions of the Town and Country Planning
General Permitted Development Order 1995 (or any other revoking and re-
enacting that order) no development relating to Class A of Part 2 of Schedule
2 (erection of walls, fences or other means of enclosure) shall be erected on
plots 1-6 and 105-109 without the prior consent in writing of the Local
Planning Authority.

(23) Reason: In the interests of visual amenity and to accord with Saved
Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.

(24) No development shall commence until such time as a report on the
condition, stability and drainage of the embankments and quarry faces have
been submitted to and approved in writing by the Local Planning Authority.
The report shall include details of any slope stabilisation and drainage
system(s) proposed to be implemented and shall include a management plan
for the future maintenance of the embankments and quarry faces. The
development shall then be undertaken in accordance with the approved
details.

(24) Reason: To protect the amenities of future occupiers of the dwellings in
accordance with Saved Policy H2 (28/09/07) of the Mansfield District Local
Plan.

(25) No development shall commence until details of all retaining walls and
structures, screen walling and fencing to protect dwellings from any eroded
material and run off from the quarry faces and embankments have been
submitted to and approved in writing by the Local Planning Authority. The
walls, fences and any other structures shall be completed in accordance with
the approved details prior to the first occupation of the dwelling(s) to which
they relate.

(25) Reason: To protect the amenities of future occupiers of the dwellings in
accordance with Saved Policy H2 (28/09/07) of the Mansfield District Local
Plan.

(26) No development shall take place until a crime statement, showing how
the development will address crime issues, has been submitted to and
approved in writing by the Local Planning Authority. The development
thereafter shall be undertaken in accordance with the approved details.
PLANNING COMMITTEE DATE 03/12/2007


(26) Reason: To protect the amenities of future occupiers of the dwellings
and in the interests of minimising crime, in accordance with Saved Policy H2
(28/09/07) of the Mansfield District Local Plan.

(27) No windows or openings shall be formed in the north facing elevations of
the dwellings on plots 89 and 109.

(27) Reason: In the interests of the reasonable residential amenity of
adjoining occupiers, in accordance with Saved Policy H2 (28/09/07) of the
Mansfield District Local Plan.

(1) Note to Applicant

Due to the historic use of this site, there is a risk of environmental damage
from the use if infiltration based SUD’s which have the potential to mobilise
contaminants. The use of these solutions should be avoided.

(2) Note to Applicant

The applicant’s attention is drawn to the legal requirements of the Wildlife &
Countryside Act 1981 (as amended) with regard to any protected species that
may be found on site. Further assistance on this matter can be obtained from
Natural England.

(3) Note to Applicant

The comments of The Environment Agency are attached.

(4) Note to Applicant

The applicant is advised that the responsibility and subsequent liability for
safe development and secure occupancy of the site rests with the developer
and/or landowner.        The Local Planning Authority has used its best
endeavours to determine the application on the basis of the information
available however this does not mean that the land or adjacent land is free
from instability. The granting of planning permission does not give a warranty
of support or stability.
PLANNING COMMITTEE DATE 03/12/2007

								
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