Agenda item

(1)       Ida Linfield was present for this item pursuant to Committee Procedure Rule 2.27 and spoke.

(2)       The Head of Planning Applications Group informed the Committee that the applicants had agreed to include photovoltaic panels as part of the development.  This necessitated an additional condition requiring the submission of details and that they be installed when the development was completed and the deletion of the relevant recommended Informative.

(3)       In unanimously agreeing the recommendations of the Head of Planning Applications Group, the Committee amended the conditions by specifying the replacement of any plants or trees that died within 7 years after planting; that the vehicular accesses were to be kept open for at least 30 minutes before opening and closing time; and that a minimum of 2 electronic charging points were to be provided prior to occupation of the development.  The Committee also added two Informatives. The first of these specified that the School Travel Plan should include a review of the efficiency of the 30-minute opening and closing of the vehicular accesses and the need for longer opening times as well as the adequacy of the facilities for pedestrians in the vicinity of the site. The second Informative encouraged the applicants to consider the provision of additional electronic charging points, including the installation of passive infrastructure for such works as part of the development.

(4)       RESOLVED that:-

(a)          permission be granted to the proposal subject to conditions, including conditions covering the standard3 year timelimit for implementation; thedevelopment being carriedout in accordance withthe permitteddetails; nodevelopmenttakingplaceuntiltheapplicanthassecureda programmeof archaeologicalworkin accordance with a writtenspecification and timetableto be approved in writing bythe County Planning Authority; no  development  taking place  until  a  detailed  sustainable  surface  water drainageschemehas beensubmittedforapproval,andthereafterbeing implementedas approved; the  landscape  scheme  set  out  in  the  Landscape  Submission  being implemented assetoutwithin the firstavailableplantingseasononcethe development is occupied; the replacement of any plantsor treesthat die within the first7 yearsafterplanting;  detailsof howthedevelopmentwill enhancebiodiversitybeing submittedto andapprovedby theCountyPlanning Authority priortothecompletionof thedevelopment; no treeremoval duringthe bird breeding season; detailsof anyexternallighting to be provided; no further developmenttaking placeif contaminationnotpreviouslyidentifiedis foundtobe present,untila remediationstrategy hasbeen agreed withthe County Planning Authority; noinfiltrationof surfacewaterdrainageintotheground beingpermittedotherthan with the writtenconsentof the County Planning Authority; nopilingor penetrativefoundationmethodsbeing usedon sitewithoutthe prior writtenconsent of the CountyPlanning Authority; no buildingon anyphasebeingoccupieduntila VerificationReporthasbeen submitted andapprovedby theCounty PlanningAuthority; nodevelopmenttaking place untila constructionmanagementplan (including lorryrouting,access,parkingandcirculationwithinthesiteforcontractorsand othervehiclesrelatedtoconstructionoperations,timingsofdeliveries,provision ofwheelwashing facilities, and temporarytrafficmanagement/signage)hasbeen submittedforapprovalandimplemented as approved; measuresto preventmud and debrisbeingtakenontothepublichighway; hoursofworkingduringconstructionbeingrestrictedtobetweenthehoursof 0800and1800on MondaystoFridaysandbetweenthehoursof 0900and1300on Saturdays,withno operationson SundaysandBank Holidays;  measuresto protect the existing treesduring construction; theprovisionandpermanentretentionof thevehicleparkingspacesshown onthesubmittedplanspriortooccupation oftheschool; theprovisionandpermanentretentionof secure,coveredcycleparkingfacilities asshownon the submittedplanspriorto the occupationof the school; theprovisionandpermanentretentionof vehicleloading/unloadingandturning facilities,as shown onthe submittedplans, prior to theoccupation oftheschool; thecompletionandmaintenanceof theaccessesshownon thesubmittedplans prior to the occupation and use of thesitecommencing; allthehighwayworks/changes,includingtheamendedaccessesandfootways, being completedviaa Section278Agreementwith the HighwayAuthorityat theapplicant’sexpense andas showninDrawingNumber133693H-01 RevP4, with atimeframefor theimplementationofthese worksbeing submittedtothe CountyPlanning Authority; gatesopeningawayfromthehighwayand beingsetbacka minimumof6 metres awayfrom the edge ofthecarriageway; the vehicularaccessesbeing openduringtheschool start andfinish times and for at least 30 minutespriortoschoolopeningandclosingtimes in ordertoallowuse by parents/guardiansof dropping off/collecting facilities for pupilswithinthe schoolgrounds, to reducecongestionandinconsiderateparking/stoppingon the publichighway; at least 2electronicvehicle charging pointsbeing providedpriorto occupation; the submission to the KCC Jambusters website of the School Travel Plan, the implementation of this Plan and the measures therein within 6 months of the occupation of the development and its  regular review thereafter; and submission of details of PV Panels to be installed when the development is constructed: and

(b)         the applicants be advised by Informative that:-

(i)           the School Travel Plan should include a review of the efficiency of the 30-minute opening and closing of the vehicular accesses and the need for longer opening times as well as the adequacy of the facilities for pedestrians in the vicinity of the site;

(ii)        consideration should be given to the provision of additional electronic charging points, including the installation of passive infrastructure for such works as part of the development;

(iii)      consideration should be given to the inclusion ofspecies thatencourage bees during preparation for submission of the required scheme of landscaping;

(iv)      the Highways Authority has advised that visibilityandaccessintothesitemaybe impededby inconsideratelyparked vehicleson SpringLane. Theymust usetheirbestendeavours to progress the installationof doubleyellowlinesparking restrictionsinSpringLane asshownon thesubmittedDrawingNumber13693 H-01RevP4,toensuresafe accesstothe proposeddevelopment;

(v)    itistheir responsibilitytoensure,beforethedevelopmentis commenced, thatall thenecessaryhighwayapprovals andconsentsare obtainedand that the limitsof thehighwayboundaryare clearlyestablishedinorder to avoidanyenforcementactionbeing taken by the Highway Authority;

(vi)      the Environment Agency has further advised that pilingcan resultinriskstogroundwaterqualityby mobilisingcontamination whenboring throughdifferentbedrocklayersandcreatingpreferentialpathways. Therefore,itshouldbe demonstrated thatanyproposedpilingwillnotresultin contaminationof groundwater.   Ifpilingisproposed,a PilingRiskAssessment mustbe written for submission inaccordancewithEA guidancedocument “Pilingand Penetrative Ground Improvement Methodson LandAffectedbyContamination: GuidanceinPollutionPrevention.  NationalGroundwater& ContaminatedLand CentrereportNC/99/73”;  and

(vii)      the CL:AIRE  Definition  of  Waste:  “Development  Industry  Code  of  Practice (version2)”providesoperatorswitha framework for determiningwhetheror not excavated materialarising from siteduring remediationand/orlanddevelopment worksare wasteorhaveceased to bewaste.Under theCodeofPractice, excavated materialsthatare recoveredviaa treatmentoperationcan be re-used on-siteprovidingtheyaretreated to a standard suchthatthey are fitforpurposeand unlikelytocausepollution. Treatedmaterialscan betransferredbetween sitesas partofa hubandclusterproject, andsome naturally occurringclean materialcan be transferred directlybetween sites. Developersshouldensurethatall contaminated materialsareadequately characterisedbothchemicallyandphysically,andthatthepermittingstatusof anyproposedon-siteoperationsare clear.Ifin doubt,theEnvironmentAgency shouldbe contacted foradviceatan earlystagetoavoidanydelays.The EnvironmentAgencyrecommendsthatdevelopersshouldrefertothePosition statement on the Definition of Waste: “DevelopmentIndustry Code of Practice and the Environmentalregulationspage on GOV.UK.”