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					     PLANNING COMMITTEE DATE 01/03/2010


APPLIC REF NO 2009/783/NT                                     DATE RECEIVED              1/12/2009

CASE OFFICER            Philip Eley                           DATE OF EXPIRY             01/03/2010

APPLICANT               HAROLD BRACKENBURY LTD.,

LOCATION AND DESCRIPTION OF PROPOSAL
-------------------------------------------------------------------------------------------------------------
                          LAND TO REAR OF YORKE STREET/BLAKE STREET
                         MANSFIELD WOODHOUSE

                         OUTLINE APPLICATION FOR 22 HOUSES WITH ALL
                         MATTERS RESERVED
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RECOMMENDATION: GRANT OUTLINE PLANNING PERMISSION


 DESCRIPTION OF PROPOSAL AND APPLICATION SITE

 This application is referred to Planning Committee as it is a major development
 and represents a departure from Saved Policy E5(f) of the adopted Mansfield
 District Local Plan 1998. The application has also received more than 3 letters
 of objection from members of the public.

 Outline planning permission with all matters reserved is sought for the erection
 of 22 no. dwellings on land to the rear of Yorke Street/Blake Street, Mansfield
 Woodhouse.

 The site has an area of approximately 0.58 hectares and extends for a distance
 of approximately 286 metres along the rear of existing residential properties
 fronting Yorke Street to the east and a railway line to the west. The site
 measures approximately 28 metres at its widest point and 13 metres at its
 narrowest point.

 The application demonstrates indicatively how access to the site would be
 achieved, with vehicle access to be provided at the corner of Blake Street, with
 an additional pedestrian access provided between nos. 83 and 85 Yorke Street.

 The application also provides an indicative layout of the proposed development,
 with the new dwellings to be located primarily along the eastern boundary of the
 site and the highway located along the western boundary. The highway would
 provide a separation between the dwellings and the railway.

 The site provides previously developed land within the Urban Boundary. The
 site is designated in the 1998 Local Plan as land for the development of
 employment uses. However, the site has been vacant for a number of years.
  PLANNING COMMITTEE DATE 01/03/2010


RELEVANT SITE HISTORY

2007/0990/NT - Land Adjacent to 1 Ivy Villas, Blake Street, Mansfield
Woodhouse Detached House – Permitted.

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.


Members of the Public

4 letters of objection have been received from members of the public who raise
the following concerns:

     Highway Safety – will safety measures be included to prevent speeding?
     New planting/trees – who will maintain them and clear up the leaves?
     Parking – will sufficient parking be provided for the new houses?
     The impact upon existing wildlife in the area through further
      urbanisation.
     Anti-social behaviour – the pedestrian access proposed between nos. 83
      and Yorke Street could be a place for people to congregate.


Environmental Health Manager

No objection subject to conditions relating to fencing, glazing in the window unit
facing the railway line and a contaminated land survey.

A continuous fence is required to be erected along the boundary of the site
adjoining the railway to mitigate against noise from passing trains.

Details of the proposed glazing system to be installed in any elevation which
faces the railway must be submitted for approval. Acoustic ventilators required
particularly in bedroom windows facing the railway.

Details of security lights to be submitted to ensure that these do not cause
nuisance to nearby properties.

MDC Tree Officer

No objection in principle.
  PLANNING COMMITTEE DATE 01/03/2010


Head of Operations (Highways)

No objection.

Nottinghamshire County Council (Highways)

No objection.

The Police (Architectural Liaison Officer)

Comments will be reported verbally to Committee.

Park Manager (Tim Downes)

No objection.

Central Networks

No objection.


POLICY & GUIDANCE

National

Planning Policy Statement 1: Delivering Sustainable Development (PPS1)
Advises that Local Planning Authorities should seek to deliver sustainable
patterns of development by ensuring proposals make more efficient use of land
available in existing urban areas.


Planning Policy Statement 3. Housing (PPS3)
Encourages the provision of a mix of house types, including affordable housing,
on previously developed sites within urban areas. It seeks high quality
residential environments which make efficient use of land and are located in
sustainable locations.

Safer Places – The Planning System and Crime Prevention - Provides
national guidance on designing out crime and designing in community safety.

Regional

East Midlands Regional Plan
Makes provision for a total of 10,600 houses to be built within the District of
Mansfield between 2006 and 2026.
  PLANNING COMMITTEE DATE 01/03/2010


County

Interim Parking Guidelines - Provides guidance on the minimum levels of car
parking appropriate for new developments.

Saved Local Plan Policies (28/09/07) and Guidance

DPS2 - States that development will be concentrated within and adjoining the
main urban areas.

E4 – Seeks to resist the loss of employment land / premises,

E5(F) - Allocates the site for the development of employment uses,

BE1- Seeks to achieve a high standard of design in keeping with the immediate
area.

H2 - States that planning permission will be granted for housing developments
within the urban boundary provided certain criteria are met. These criteria
include the need to integrate with the existing pattern of development, the need
to ensure no loss of amenity for adjacent occupiers, the need to retain important
site characteristics and to include appropriate crime reduction measures and
areas of open space.

H14 - States that planning permission will be granted for housing developments
that include affordable accommodation, such as low cost housing for sale, rent
or shared ownership.

M16 - Requires new developments to comply with criteria for movement and
transport issues.

IPG3 - Sets out the Council’s requirements for recreation provision on new
residential developments.

IPG7 - Sets out the Council’s requirements for affordable housing provision on
new residential developments of 15 or more residential units.

Space about Dwellings and Floorspace Standards for Residential
Accommodation- Provides guidance on minimum space standards for new
residential developments regarding both internal and external space.


ISSUES

The key issue in the determination of this application, given its designation in the
1998 Local Plan as land for the development of employment uses, is the
principle of development for residential dwellings on this site.
  PLANNING COMMITTEE DATE 01/03/2010


Principle

The site is located within the Urban Boundary and is designated in the Adopted
Mansfield District Local Plan (1998) as a site for the development of employment
uses. As such the development of the land for residential dwellings is contrary
to Saved Policy E5(f) and approval would represent a departure from the Local
Plan.

However, in assessing the principle of the development, consideration should be
given to the likely viability of the site to be developed for employment use. The
site has been allocated for employment use since the adoption of the Local Plan
in 1998, yet has not generated any interest in the form of an application for
planning permission. The site is accessed through a residential area and is not
considered ideal for heavy use by large commercial vehicles. The site area is
restricted by its shape and the close proximity of existing residential properties.
As such the commercial viability of the site for employment use is improbable.
Furthermore, consideration should be given to a previous grant of planning
permission to develop part of the overall employment site for domestic
residential use (2007/0990/NT), which demonstrates that it has previously been
accepted that that the commercial viability of the site for employment use is
improbable.

Further to the above, consideration should also be given to the East Midlands
Regional Plan which was published in March 2009. The Plan makes provision
for a total of 10,600 houses to be built within the District of Mansfield between
2006 and 2026. Between 1st April 2006 -31st March 2008, 757 net additional
houses were completed, and a further 3240 houses were either under
construction or benefited from planning permission. A further 410 dwellings are
estimated on suitable remaining allocated sites. Taking account of completions
and exiting provision, there is still a need for a further 6,193 dwellings for the
remaining period of 18 years up to 2026.

National and regional planning guidance encourages the development of
previously developed land before Greenfield sites. The site is previously
developed land located within the Urban Boundary and therefore is in
accordance with this objective.

In light of the poor potential of the site to be developed for employment use and
current national and regional planning guidance, it is considered that the
principle of developing housing on the site is acceptable, and the following
issues in relation to the application will now be considered:

            Layout
            Residential Amenity
            Design and External Appearance of the dwellings
            Landscaping and Public Open Space
            Highways and Parking
            Impact on Wildlife
            Affordable Housing
            Other Matters
  PLANNING COMMITTEE DATE 01/03/2010




Layout.

The application is in outline only with all matters reserved.      However, an
indicative site layout plan has been provided.

This application proposes a maximum of 22 dwellings, which equates to a
density of approximately 36 dwellings per hectare, this being compliant with the
guidance contained within PPS3 which promotes that new housing development
should achieve a minimum density of 30 dwellings to the hectare.

A further requirement of PPS3 is to create mixed communities. This is achieved
by securing a mix of dwelling size, type and affordability in new developments in
order to meet the changing composition of households in the area. New
developments should, in their layouts, create a sense of community. The design
and access statement proposes that the dwellings would be a mix of 2 bedroom
and 3 bedroom properties, thus providing for mixed and socially inclusive
communities.

The indicative layout has been heavily influenced by the long narrow shape of
the site, however, I am satisfied that the proposed density can be achieved in a
layout which provides for an interesting street scene and mixed communities in
accordance with PPS3.


Residential Amenity

Concern has been raised by residents regarding the use of the indicative
pedestrian walkway for anti-social behaviour. Although the proposed walkway is
indicative only, crime prevention is now an important consideration when
assessing new developments and I am of the opinion that the indicative layout
could achieve compliance with the guidance contained within Safer Places
through the strategic location of habitable room windows for the proposed
dwellings to provide a layout where crime is discouraged by having surveillance
of the car parking and walkways. However, the Police Architectural Liaison
Officer has been consulted and any comments received will be reported verbally
to committee.

Notwithstanding this, it should be highlighted that the layout provided is
indicative only and is consequently potentially subject to change at the Reserved
Matters stage. The Police Architectural Liaison Officer would also be re-
consulted at the Reserved Matters stage when the proposed layout would be
considered.

Furthermore, the distances between the proposed dwellings and the existing
dwellings as shown on the indicative layout demonstrate that 22 dwellings can
be accommodated on site in compliance with the Council’s Space about
Dwellings guidance. I am therefore satisfied that the number of proposed
dwellings can be accommodated without causing a reduced level of residential
amenity for the occupants of the proposed and existing properties. The indicative
  PLANNING COMMITTEE DATE 01/03/2010


garden areas also comply with the Council’s Space about Dwellings guidance
and I am therefore satisfied that garden areas can be provided for the new
dwellings which will not lead to a reduced level of residential amenity for the
occupants of the proposed properties.

With regard to potential noise from the adjoining railway, the Environmental
Health Manager recommends that the boundary along the railway be provided
with a barrier in the form of a continuous close-boarded fence. The fence must
not have any gaps in or below it. Details of the fence can be secured by way of
condition and this is proposed.

Design and External Appearance.

The application is in outline only with all matters reserved, and no specific details
of the design and external appearance of the proposed dwellings have been
submitted at this stage.

A range of house types has been included in the scheme and range from 2
bedroom terraced properties to 3 bedroom detached houses. The application
states that the proposed dwellings would be approximately 7.5 metres in height.
As no specific design details have been submitted the development cannot be
assessed in this respect at this outline stage, however I am of the opinion that
the proposal can create an interesting and varied street scene, which also adds
to the sense of place and local identity, in compliance with Saved Policy H2.

Landscaping and Public Open Space.

Landscaping details are a reserved matter, however the indicative layout shows
that there will be no public open space provided on site. Whilst on site provision
is normally required for developments of 20 or more dwellings in accordance
with IPG3, given the restrictive nature of the site in terms of its shape and
location, in this instance it is considered that a contribution towards off site public
open space provision is acceptable. The Parks Manager has indicated that the
commuted sum for this site could be used for recreational enhancements at
Yeoman Park Hill, which is the nearest open space to the proposed
development, as highlighted in the Community Interest Plan for the Priory Ward.
The appropriate contribution can be secured by way of a S106 Agreement and a
condition requiring the applicant to enter into a S106 is proposed.

Highways and Parking.

It is proposed to provide 33 car parking spaces for the 22 dwellings
(approximately 1.5 spaces per dwelling). The current parking guidance for
residential development in Nottinghamshire is provided by interim guidance
which requires 1 space per dwelling given the location of the development in
good to proximity to public transport routes. I am therefore of the opinion this
amount of car parking is acceptable for this development.

No objections have been raised from the Head of Operations (Highways) who,
subject to the inclusion of traffic calming measures in accordance with the
  PLANNING COMMITTEE DATE 01/03/2010


highway design guide, is satisfied that the proposal accords with highway
requirements subject to the imposition of conditions.

With regard to access for refuse vehicles etc, a swept path analysis will need to
be provided for the proposed layout at the reserved matters stage to ensure that
all types of vehicles that are expected to visit the site can manoeuvre. However,
I am satisfied that this can be achieved given that no concerns have been raised
by the Head of Operations (Highways).

I am also satisfied that bin collection points can be provided at the ends of drives
for residents to place their bins on collection days and thereby eliminate the
need for refuse vehicles to access the parking areas.

Given the above, I am of the opinion that the proposal is in accordance with
Saved Local Plan Policy M16.

Impact on wildlife


The site has been cleared of all previous employment buildings (workshops and
offices) and features minimal vegetation and as such the potential of the site to
host any protected species is minimal. However, it is recommended that a
condition be imposed that requires the submission of a Phase 1 Habitat survey,
incorporating mitigating measures, to be completed.

Affordable Housing

Residential Schemes of between 15 and 30 dwelling units require a financial
contribution towards affordable housing provision as set out in Interim Planning
Guidance Note 7 – Affordable Housing. A site consisting of 22 dwelling units
requires financial contributions to be made for 4 affordable houses and this
equates to a sum of £100,000. This element can be controlled by way of Section
106 Agreement and this is proposed via a planning condition.


Other Matters

Although the application was advertised as a Departure from the Development
Plan, the Town and Country Planning (Development Plans and Consultation)
(Departures) Directions 1999 states that such applications should only be
referred to the relevant Government Office if approval is recommended and the
development is for more than 150 houses or more than 5000 square metres of
commercial floorspace or the development, or where the scale or nature or
location of the development would significantly prejudice the implementation of
the development plan’s policies and proposals.

In this instance, the relevant thresholds have not been exceeded and it is
considered that the proposal would not be at variance with the objective of the
development plan in terms of consolidating sufficient employment uses within
Mansfield Woodhouse. It would only be at variance with a site specific policy,
  PLANNING COMMITTEE DATE 01/03/2010


which as set out earlier in this report is allocated to a site which is improbable in
terms of commercial viability for employment development. On this basis, it is
considered that the application does not require referral under the 1999
Regulations as it would not significantly prejudice the implementation of the
development plan’s policies and proposals.

CONCLUSION

The indicative layout demonstrates that the site can accommodate 22 dwellings
without compromising residential amenity and with the potential to achieve a
high standard of design in terms of the mix of the housing and the quality of the
new street scenes. The proposal accords with national guidance and Saved
Local Plan Polices. Matters relating to a public open space contribution and
affordable housing can be controlled by way of a condition requiring the
applicant to enter into a S106 Agreement. I therefore recommend that planning
permission is granted with conditions.

RECOMMENDED CONDITIONS/REASONS/NOTES


SUMMARY OF REASONS FOR DECISION

Whilst the development would represent a departure to saved policy E5[f] of the
adopted Mansfield District Local Plan [1998], in the opinion of the Local Planning
Authority the redevelopment of the site for employment use is unlikely to be
commercially viable, and the redevelopment of the site for residential purposes
is considered most-appropriate given the predominately residential
surroundings. Furthermore, the proposal is in accordance with saved policies
DPS2, BE1, H2 and M16 of the adopted Mansfield District Local Plan [1998] and
the advice contained within PPS3- Housing. There are no other material
considerations which indicate that a decision should be taken at variance with
these policies and guidance.

(1) Application for approval of reserved matters must be made not later than
three years beginning with the date of this permission and the development must
be begun not later than the expiration of two years from the final approval of
reserved matters, or in the case of approval of reserved matters on different
dates, the final approval of the last such matter to be approved.

(1) Reason: In accordance with Section 92(2) of the Town and Country Planning
Act 1990, as amended by S51(2) of the Planning and Compulsory Purchase Act
2004.

(2) Details of the access, appearance, landscaping, layout, and scale
(hereinafter called "the reserved matters") shall be submitted to and approved in
writing by the local planning authority before any development begins and the
development shall be carried out as approved.

(2) Reason: The application is in outline only and the reserved matters referred
to in the foregoing condition will require further consideration.

(3) This permission shall be read in accordance with the following plan:
  PLANNING COMMITTEE DATE 01/03/2010


Site Location Plan 1:1250 scale, received 01/12/2009

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

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

(4) The formal written approval of the LPA is required prior to commencement of
any development with regard to parking and turning facilities, access widths,
gradients, surfacing, street lighting, structures, visibility splays and drainage. The
development shall thereafter be undertaken in accordance with the approved
details

(4) Reason: In the interests of highway safety and to ensure the development
complies with policy M16 of the adopted Mansfield District Local Plan.

(5) 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.

(5) Reason: To protect the amenities at present enjoyed by the occupiers of
nearby residential properties, in accordance with Policy H2 of the adopted
Mansfield District Local Plan.

(6) Building operations shall not be commenced until a plan indicating the
positions, design, materials and type of walls, fences and other means of
enclosure to be erected within and on the boundary of the site have been
submitted to and approved in writing by the Local Planning Authority.
Development shall be carried out in accordance with the approved details before
the buildings are occupied.

(6) Reason: To protect the amenities at present enjoyed by the occupiers of
nearby residential properties, in accordance with Policy H2 of the adopted
Mansfield District Local Plan.

(7) 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.

(7) Reason: To protect the amenities at present enjoyed by the occupiers of
nearby residential properties, in accordance with Saved Policy BE1 (28/09/07) of
the adopted Mansfield District Local Plan.

(8) Unless otherwise agreed by the Local Planning Authority, development other
than that required to be carried out as part of an approved scheme of
remediation shall not commence until the conditions below have been complied
with. If unexpected contamination is found after development has begun,
development must cease on that part of the site affected by the unexpected
  PLANNING COMMITTEE DATE 01/03/2010


contamination to the extent specified by the Local Planning Authority in writing
until condition 9 has been complied with in relation to that contamination.

a) Site Characterisation

An investigation and risk assessment, in addition to any assessment provided
with the planning application, must be completed in accordance with a scheme
to assess the nature and extent of any contamination on the site, whether or not
it originates on the site. The contents of the scheme shall be submitted to and
approved in writing by the Local Planning Authority. The investigation and risk
assessment must be undertaken by competent persons and a written report of
the findings must be produced. The written report shall be submitted to and
approved in writing by the Local Planning Authority. The report of the findings
must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

• human health,

• property (existing or proposed) including buildings, crops, livestock, pets,
woodland and service lines and pipes,

• adjoining land,

• groundwaters and surface waters,

• ecological systems,

• archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s)

This must be conducted in accordance with DEFRA and the Environment
Agency’s ‘Model Procedures for the Management of Land Contamination, CLR
11’

b) Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the
intended use by removing unacceptable risks to human health, buildings and
other property and the natural and historical environment shall be prepared and
then submitted to and approved in writing by the Local Planning Authority. The
scheme must include all works to be undertaken, proposed remediation,
timetable of works and site management procedures. The scheme must ensure
that the site will not be classed as contaminated land under Part 2A of the
Environmental Protection Act 1990 in relation to the proposed end use after
remediation.

c) Implementation of Approved Remediation Scheme
  PLANNING COMMITTEE DATE 01/03/2010


The approved remediation scheme must be carried out in accordance with its
terms prior to the commencement of any development other than that required to
carry out remediation, unless otherwise agreed in writing by the Local Planning
Authority. The Local Planning Authority must be given at least two weeks written
notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation
scheme, a verification report (referred to in PPS23 as a validation report) to
demonstrate that the remediation has been carried out must be produced. This
document is subject to approval by the Local Planning Authority.

(8) Reason: To ensure that risks from land contamination to the future users of
the land and neighbouring land are minimised, together with those to controlled
waters, property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers, neighbours and
other offsite receptors in accordance with Saved Policy DWM1 (28/09/07) of the
adopted Mansfield District Local Plan 1998.

(9) In the event that contamination is found at any time when carrying out the
approved development that was not previously identified it must be reported in
writing immediately to the Local Planning Authority. An investigation and a risk
assessment must be undertaken in accordance with the requirements of
condition 8. Where remediation is necessary a remediation scheme must be
prepared in accordance with the requirements of that condition and shall be
submitted to and approved by in writing by the Local Planning Authority.

Following completion of measures identified in the approved remediation
scheme a verification report must be prepared and approved by the Local
Planning Authority.

(9) Reason: To ensure that risks from land contamination to the future users of
the land and neighbouring land are minimised, together with those to controlled
waters, property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers, neighbours and
other offsite receptors in accordance with Saved Policy DWM1 (28/09/07) of the
adopted Mansfield District Local Plan 1998.

(10) A monitoring and maintenance scheme, to include monitoring the long-term
effectiveness of the proposed remediation (over a period to be agreed in writing
with the Local Planning Authority) and the provision of reports on the same shall
be prepared, both of which shall be submitted to and approved in writing by the
Local Planning Authority.



Following completion of the measures identified in that scheme and when the
remediation objectives have been achieved, reports that demonstrate the
effectiveness of the monitoring and maintenance carried out must also be
submitted to and approved in writing by the Local Planning Authority. This must
be conducted in accordance with DEFRA and the Environment Agency’s ‘Model
Procedures for the Management of Land Contamination, CLR 11’.
  PLANNING COMMITTEE DATE 01/03/2010


(10) Reason: To ensure that risks from land contamination to the future users of
the land and neighbouring land are minimised, together with those to controlled
waters, property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers, neighbours and
other offsite receptors in accordance with Saved Policy DWM1 (28/09/07) of the
adopted Mansfield District Local Plan 1998.

(11) No development shall take place until a Phase 1 Habitat Survey has been
undertaken and the results, including any mitigation measures, 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.

(11) Reason: To ensure the development would not have an adverse impact
upon protected species.

(12) No development shall be commenced until details of any external lighting to
be used to illuminate the site 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.

(12) Reason: To protect the amenities at present enjoyed by the occupiers of
nearby residential properties, in accordance with Saved Policy BE1 28/09/07) of
the adopted Mansfield District Local Plan.

(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 at present enjoyed by the occupiers of
nearby residential properties, in accordance with Saved Policy BE1 (28/09/07) of
the adopted Mansfield District Local Plan.

(14) No deliveries shall be taken at or despatched from the application site
outside the hours of 08.00-18.00 hours Monday-Friday, 08.00-13.00 hours
Saturdays or at any time on Sundays or Bank Holidays.

(14) Reason: To protect the amenities at present enjoyed by the occupiers of
nearby residential properties, in accordance with Saved Policy BE1 (28/09/07) of
the adopted Mansfield District Local Plan.

(15) No development shall commence until a planning obligation in the form of a
Section 106 Agreement has been submitted to and sealed and dated by the
Local Planning Authority. This agreement shall relate to a contribution towards
off site recreation provision in accordance with IPG3 and an affordable housing
contribution in accordance with IPG7.

(15) Reason: To ensure the development accords with the requirements of the
Council’s adopted IPG3 and IPG7.

(16) 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
  PLANNING COMMITTEE DATE 01/03/2010


Local Planning Authority. The scheme shall be implemented in accordance with
the approved details during construction work.

(16) Reason: In the interests of highway safety and to ensure the development
complies with Saved Policy M16 (28/09/07) of the adopted Mansfield District
Local Plan.

(1) Note to Applicant

The future growth of any trees     to be retained should be considered in any
proposed landscaping scheme.       You are advised to contact the Landscaping
and Tree Officer at the District   Council (Sean Davies) on 01623 463325 to
discuss any landscaping issues     prior to the sibmission of the application for
Reserved Matters.

(2) The applicant should note that notwithstanding any planning permission that
if any highway forming part of the development is to be adopted by the Highways
Authority. The new roads and any highway drainage will be required to comply
with the Nottinghamshire County Council’s current highway design guidance and
specification for roadworks.

a) The Advanced Payments Code in the Highways Act 1980 applies and under
section 219 of the Act payment will be required from the owner of the land
fronting a private street on which a new building is to be erected. The developer
should contact the Highway Authority with regard to compliance with the Code,
or alternatively to the issue of a Section 38 Agreement and bond under the
Highways Act 1980. A Section 38 Agreement can take some time to complete.
Therefore, it is recommended that the developer contact the Highway Authority
as early as possible.

b) It is strongly recommended that the developer contact the Highway Authority
at an early stage to clarify the codes etc. with which compliance will be required
in the particular circumstance, and it is essential that design calculations and
detailed construction drawings for the proposed works are submitted to and
approved by the County Council (or District Council) in writing before any work
commences on site. Correspondence with the Highway Authority should be
addressed to:-

Head of Operational Services

Mansfield District Council

Civic Centre

Chesterfield Road South

Mansfield

Notts

NG19 7BH
  PLANNING COMMITTEE DATE 01/03/2010


(3) The boundary adjoning the railway will require the erection of a continuous
close-boarded fence which must not have any gaps in or below it. This
boundary treatment is required to prevent undue nuisance from noise to the
residential properties.

(4) Acoustic ventilators maybe required in widows, particularly those serving
bedrooms, which face the adjoining railway. Details of the glazing system to be
used should be provided at the reserved matters stage.
PLANNING COMMITTEE DATE 01/03/2010

				
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