staffordshire moorlands district council application… · the site is identified as ch013 in the...

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SMDC PAC 17/12/2015 Application SMD/2015/0438 Land off The Birches Cheadle

STAFFORDSHIRE MOORLANDS DISTRICT COUNCIL PLANNING APPLICATIONS COMMITTEE

Application No:

SMD/2015/0438

Location

Land off The Birches, Cheadle

Proposal Outline Planning Permission with all Matters Reserved (Except Access) for the erection of Dwellings.

Applicant Moorlands Homes (Cheadle) Ltd

Parish/Ward

Cheadle

Date registered 6th July 2015

1. SUMMARY OF RECOMMENDATION Approve (subject to conditions).

2. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS

2.1 The application site is a 1.53ha parcel of land which is currently overgrown. Land levels undulate but noticeably the Birchwood Grove cul-de-sac and The Poplars development are at a higher level, both of which are separated from the application site by mainly panel fencing. There are two trees, an Oak and a Sycamore located towards the south eastern boundary both of which are protected under Tree Preservation Order. The Oak is protected as T2 under TPO Number SM.162 and the Sycamore is protected as T1, also under TPO Number SM.162. The site boundaries consist of fencing and hedgerows, hedgerows are more sporadic along the north-east boundary dividing the land from the domestic curtilages of the semi-detached dwellings fronting The Birches.

2.2 The application site shares its boundary with domestic properties with

dwellings from The Birches, Birchwood Grove, The Poplars and The Gawbutts either backing onto, or facing the site. To the south west, south and south east are located the buildings and playing fields (including Basket/netball court) of the high school. For the purposes of planning policy consideration the site is located within the Cheadle Town Development Boundary. The land does not form part of the

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Cheadle Conservation Area and there are no immediately surrounding Listed Buildings. To the south east are the aforementioned protected (TPO) trees.

2.3 The application, the details attached to it including the plans, the comments made by residents and the responses of consultees can be found on the council’s website at:

http://publicaccess.staffsmoorlands.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=83414

3. DESCRIPTION OF THE PROPOSAL

3.1 Outline planning permission is sought with all Matters Reserved for

later consideration apart from access. An indicative layout plan has been submitted showing how the site might accommodate a road layout and how the site might be divided into plots. An initial indicative number of 60 dwellings of various types have been given. It is important to note that this is an illustrative plan only and would not form part of the consent if members were minded to approve the application. The dwelling type, total number and overall site layout would be considered at Reserved Matters stage as approval for the principle of residential development and access is only sought at this time.

3.2 Vehicular access to the development would be via the end of the

Birchwood Grove cul-de-sac. No vehicular access would be taken from The Gawbutts. Parking and turning space for each dwelling would be identified as part of the Reserved Matters application.

3.3 The application is accompanied by the following documents which Members are encouraged to read in advance of the meeting; - Design and Access Statement; - Preliminary Ecological Appraisal (Staffordshire Ecological Services

Ltd); - Flood Risk Assessment (Waterco Ltd dated June 2015); - Coal Mining Risk Assessment (GRM Development Solutions Ltd); - Transport Statement (Morgan Tucker Consulting Engineers); - Arboricultural Report (Tree Heritage)

4. RELEVANT PLANNING HISTORY 4.1 None directly relating to the application site.

5. PLANNING POLICIES RELEVANT TO THE DECISION



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Staffordshire Moorlands Core Strategy Development Plan Document (Adopted March 2014)

SS1 Development Principles SS1a Presumption in Favour of Sustainable Development SS2 Future Provision of Development SS3 Distribution of Development SS4 Managing the Release of Housing Land SS5 Towns SS5c Cheadle Area Strategy SD1 Sustainable Use of Resources SD4 Pollution and Flood Risk H1 New Housing Development H2 Affordable and Local Needs Housing DC1 Design Considerations DC3 Landscape and Settlement Setting NE1 Biodiversity and Geological Resources T1 Developments and Sustainable Transport Other Material Considerations 1. Public Open Space 2. Developer/Landowner Contributions National Planning Policy Framework (NPPF) including; Paragraphs 1 – 17. Section 1: Delivering Sustainable Development. Section 4: Promoting Sustainable Transport. Section 6: Delivering a Wide Choice of High Quality Homes. Section 7: Requiring Good Design. Section 8: Promoting Healthy Communities. Section 10. Meeting the Challenge of Climate Change, Flooding and Coastal Change. Section 11: Conserving and Enhancing the Natural Environment. National Planning Policy Guidance (NPPG)

6. PUBLICITY AND CONSULTATIONS CARRIED OUT Site notice published (x3)

Expiry date for comments: 19th August 2015.

Press notice published

Cheadle and Tean Times. Expiry date for comments: 9th December 2015.

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Neighbour Notification

Expiry date for comments: 6th August 2015.

18 letters of representation received. 1 letter is from The Cheadle Academy which comments that ‘as this development will be adjacent to our school, we would like permanent security fencing along the boundary between the school and the new development’. 1 letter commenting in respect of the received revised layout plan stating that bungalows would be more appropriate for the site and also that bungalows are more likely to be occupied by retired or elderly people who could time journeys to miss the ‘grid lock’ at school times. 15 letters of representation outline objections and concerns about the development. Comments are as follows;

- Site is close to educational establishments. During term time, twice a day the area is jammed with stationary traffic which could prevent access for emergency vehicles.

- Noxious fumes from stationary traffic. - Existing road system will not support the additional traffic. - Possible to have a further 100 cars using the Birches/Lid Lane

junction at peak times of the day. - 2 and 3 storey properties would harm the privacy of occupants of

surrounding bungalows, block views and overlook the school. - Road not wide enough for additional traffic. Waste collection truck

has to reverse down the street. - Increased danger to pedestrians as Lid Lane and The Birches is a

busy walking route for parents and children. Dangerous mix of vehicular and pedestrian traffic.

- Town centre workers park all day in Lid Lane and The Birches, they leave cars and vans.

- Traffic survey needs to be done during term time. - Delays for arrival of emergency vehicles. - Impact upon residents by construction machinery and materials

being delivered to the site. - Plans indicate that the turning head will be removed, who will adopt

the released land. Existing driveways will be used for turning areas. - Density of development is too great and lack of consideration of

public open space. - Cheadle Primary school is full and doctor’s surgeries are at

capacity. - Rainwater runoff problems. - Reduced scheme should be put forward. Lower density of low rise

dwellings and bungalows would be more suitable for the aging population.

- Road running to the rear of The Poplars dwellings will create noise.

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- Last piece of land attached to the school and if built upon will be lost forever if/when expansion of the school is needed.

- Sewerage problems

1 letter of objection is accompanied by a 47 signature petition. The petition objections can be summarised as follows;

- Density of the development is too great for the size of the site in the centre of town, with serious existing traffic and amenity issues.

- Layout of dwellings is poor; three storey dwellings sited next to bungalows will have serious amenity impact.

- Road system is overloaded to the point of grid lock at certain times of the day. Traffic survey is unrepresentative of current situation.

- Additional traffic would be dangerous to pedestrians (particularly children). School children are in an already overcrowded street and lane network every day

- No public open space within the site would make the development ot a very pleasant place to live and bring up children.

- Traffic and drainage reports are not to be relied upon. - Developer has not consulted with local residents.

Consultee

Comment(s)

Cheadle Town Council

Object to the applications for the following reasons;

1. Proposed application would be an overdevelopment of this site.

2. Infrastructure in the area, including schools, is already congested and the extra traffic generated would add to the problems. An independent Transport Survey should be carried out.

3. Conservation of the ecosystem, specifically the threat to bats. Building work can have a hugely detrimental impact on bats and there is a decline in the local bat population. Newts, grass snakes and birds will be using this environment. An independent ecology report should be provided.

4. Council supported the objections of local residents and the petition.

5. Good evidence that links access to green spaces and health outcomes. Opportunity for public health and Local Authorities to improve the health of local communities. Council proposes that the site is used as a green space for the benefit of the community and local schools.

Staffordshire

No objections on highways grounds subject to conditions

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County Council Highway Authority

including securing surface water drainage details, parking/turning areas, off site highway works, securing an off site traffic management scheme, ensure that the highway remains clean during the construction phase and submission of street lighting details.

Horticulture Officer

Due to the size of the development and the proximity of existing play and open spaces, an off site contribution for both play and playing fields is requested. Current figures for financial contribution calculation for 2015/2016 are £460 per bedroom for play areas and £574 per bedroom for playing fields.

Planning Policy Officer

The site is identified as CH013 in the SHLAA as a developable site and has good potential for housing development. It is identified in the site options consultation (July 2015) as a site that could accommodate approximately 50 dwellings. The site is within the Cheadle development boundary and surrounded by housing and school grounds. The Cheadle Area Strategy (SS6c) seeks to allocate sites within the urban area for housing and prioritises bringing forward sites in the urban area before sites on the edge of the town. The Council has not yet allocated housing sites but there is a significant need for new housing in Cheadle and the Council can only demonstrate 1.84 years supply of deliverable sites (31st Mar 2015). There are 2 TPO trees to the south of the site. In the past Environmental Health have raised contaimination issues on the site as part of it was a former clay pit infilled with unknown material. This may have constraints on development. Eastern section of the site is within a Coal Authority High Risk Development Referral Area. May need to be treated, remediated or mitigated. Currently, there is less than a 5 year land supply against the emerging Core Strategy figure and the site is in a very sustainable location close to the town centre. In addition there is a significant need for affordable housing including social rented and intermediate housing, subject to the above issues. Financial contributions: Public Open Space: There is a shortage of play and outdoor sports facilities in Cheadle and financial contributions will be required towards the provision of additional facilities.

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Education contributions will also be required.

Trees and Woodlands officer

No objection in principle to the residential development of this site subject to conditions. Two large protected trees, an Oak and a Sycamore are near to the south east boundary and are of significant amenity value. Site is large enough to consider providing some incidental open space. Officer would object to the indicative layout if this was brought forward at Reserved Matters stage as some of the indicative dwellings would encroach within the crown spread. Other plots and their driveways would impact upon root protection zones. Future development should respond to significant on-site constraints.

Ecology

No overriding objections. Ecology report has been reviewed and findings are concurred with. The bulk of the site has only low ecological value and the assessment concludes that ‘like for like’ replacement is not required; this is on the basis that the perimeter hedgerows are to be retained. Can a condition be added to ensure that the perimeter hedgerows are retained? Amenity space within the site could provide scope for ecological enhancement. At Reserved Matters stage it would be appropriate to require ecological enhancement in association with the overall site landscaping. An informative should be used to say that it is expected that this is to be incorporated in the plan, in line with the applicants’ own ecological consultant’s recommendations.

Housing Officer

Current Site Options Consultations identifies the site (CH013) as a potentially suitable site for housing development within the Development Boundary. 33% affordable housing contribution would be required as would 30% shared ownership within the scheme. Affordable contribution would need to be secured with a S106 agreement. Affordable housing would need to be provided through a Registered Provider.

Environmental Health

No objections subject to conditions including hours of the day in which noisy development can take place; noise insulation, contamination tests, importing of soils/materials and the submission of a construction/demolition plan.

Severn Trent Water

No objections subject to condition to secure drainage plans for the disposal of surface water and foul sewage.

Environment Agency

No objections.

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Coal Authority

No objections. The application site falls within the defined ‘Development High Risk Area’ therefore there are surrounding coal mining features and hazards which need to be considered when determining this application. Coal Authority considers that the content/conclusions of the Coal Mining Risk Assessment Report are sufficient and meets the requirements of the NPPF in demonstrating that the application site is, or can be made, safe and stable for the proposed development.

Police (Crime Prevention Design Advisor)

No objections to the use of the site for housing. Any future Reserved Matters application should demonstrate how crime prevention measures have been considered and incorporated into the design proposal. Layout should include features such as clearly defined private and public space, good natural surveillance, boundary treatments, well positioned gating/fencing, dual aspect corner properties, good lighting etc. Future proposal should respond to the Secured by Design principles.

Staffordshire County Council Education

The development falls within the catchments of The Cheadle Academy and Cheadle Primary School. The Cheadle Academy is projected to have sufficient space to accommodate likely future demand however Cheadle Primary is projected to be full for the foreseeable future. Officer Comment: It is not possible to give a final figure as this is an outline application and the number of dwellings has not been finalised however, Staffordshire County Council have advised that a contribution of £4,400 per dwelling would be required but that apartments are excluded from the contributions. The contributions have been calculated on a proportional cost of a new 210 place primary school, estimated to be in the region of £4 million (excluding acquisition of the necessary land) and would require 1.5 hectares of land.

Staffordshire County Council Flood Risk officer

Recommend approval subject to conditions.

7. POLICY/MATERIAL CONSIDERATIONS AND PLANNING BALANCE

(A) Planning policies

7.1 The Local Planning Authority is required to determine planning

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applications in accordance with the Development Plan unless material circumstances indicated otherwise. In this case the Development Plan for the Staffordshire Moorlands District Council consists of the Adopted Staffordshire Moorlands Core Strategy Development Plan Document (March 2014) with regard also being given to the provisions of the National Planning Policy Framework (NPPF) and the councils adopted Supplementary Planning Guidance documents. Policy Context 7.2 Core Strategy policy SS1 identifies that development should contribute positively to the social, economic and environmental improvement of the Staffordshire Moorlands. Core Strategy Policy SS1a establishes a 'Presumption in Favour of Sustainable Development' as contained within the National Planning Policy Framework. Planning applications that accord with policies within the Core Strategy will be approved without delay and where there are no relevant policies or the policies are out of date, the Council will grant planning permission unless material considerations indicate otherwise considering whether:

I. Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole, or,

II. Specific policies in that Framework indicate that development should be restricted.

7.3 Paragraph 47 of the NPPF requires councils to identify a 5 year supply of deliverable housing land sites with a buffer of 5% to allow choice and competition in the market. The Council cannot demonstrate a 5 year supply of deliverable housing land, as of 31st March 2015 the supply was 1.84 years and therefore in accordance with paragraph 49, 'housing applications should be considered in the context of the presumption in favour of sustainable development'. Relevant policies for the supply of housing should not be considered up-to date if the Local Planning Authority cannot demonstrate a 5 year supply of deliverable housing sites. 7.4 The application site is located within the Cheadle Town Development Boundary. It is not within a Conservation Area and there are no immediate surrounded Listed Buildings. Core Strategy policy SS5c relates specifically to the development of Cheadle and of particular relevance to this application is section 1 where the following actions are identified;

• Increase the range of available and affordable house types; • Allocating a range of deliverable housing sites within the urban areas

and on land adjacent to the urban areas which have good accessibility to services and facilities;

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• Protect, increase and improve the provision and accessibility of open space, sport and recreational facilities;

• Provide additional educational, health and community facilities including recreational areas and a primary school.

7.5 The application site is considered to be within a highly sustainable location within the Cheadle Development Boundary, it is close to the town centre and within easy access of a range of services and facilities. 7.6 Core Strategy policies H1 'New Housing Development' and H2 'Affordable and Local Needs Housing' express the need to secure a mix of housing types, tenures and the provision of affordable housing. Housing should meet a proven need and demand, housing proposals of 10 dwellings or more need to provide a mix of housing for example size and type. In the towns, residential developments of 15 dwellings (0.5 hectares) or more shall provide a target of 33% affordable housing on-site from all sources unless there are exceptional circumstances which dictate otherwise. 7.7 Due to the size of the site the council will be seeking 33% affordable housing. Staffordshire County Council’s (SCC) School Organisation team has confirmed that a contribution towards education provision will be required. SCC has identified that a new 210 place primary school is needed; a contribution of £4,400 per dwelling is requested although apartments are excluded. The Council’s Senior Horticulture Officer requests a financial contribution towards play and playing fields/pitches and has commented that the Tean Road Recreational Ground could benefit by improvements to the skate park and football pitch. Similar to the education contribution Members are advised that the final figure cannot be calculated at this stage. The number of bedrooms has not been finalised and it is upon these numbers that the contributions are calculated. Play contribution equates to £460 per bedroom and playing fields contributions equate to £574 per bedroom. These contributions would be sought through the completion of a S106 agreement. If Members are minded to approve the application, the legal agreement must be completed before any planning permission approval certificate is signed.

(B) Material Considerations Access and Highway Safety 7.8 Core Strategy policy T1 'Development and Sustainable Transport' requires that all new development is located where the highway network can satisfactorily accommodate traffic generated as a result of it. Development should be located in areas that are accessible by sustainable travel modes and appropriate parking standards should be applied. Where appropriate, development shall facilitate walking and cycling within neighbourhoods and town centres. It is clear that the application site is within a sustainable location allowing future residents the opportunity of accessing a range of services and facilities without total reliance upon a car.

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7.9 After receiving initial objections from Staffordshire County Council’s Highways Department, the applicant submitted a revised Transport Statement and have assessed the traffic and transport issues based on a scheme of 62 houses. The applicant has advised the Local Planning Authority of a top number of 60 dwellings on the site however this does not mean that this would be the end result as site constraints and Space About Dwellings standards will need to be applied at the Reserved Matters stage. For the purposes of this application it does mean that the Transport Statement has considered the impact of the correct number of dwellings. 7.10 Vehicular access would be taken from the Birchwood Grove cul-de-sac, the internal site layout and individual parking and turning arrangements for each property would be detailed at Reserved Matters stage. It is acknowledged that many of the objection letters received in connection with this application relate to highways matters. Details of the objections have already been outlined above within section 6 of this report ‘Publicity and Consultations Carried Out.’ It is clear that there are concerns about the impact that the additional traffic would have upon the existing road network. The County Highways officer has advised that the revised Transport Statement shows a 10% increase in traffic at the Lid Lane/The Beeches junction at AM peak but that purely from a traffic generation point of view it would have little effect on the operation of this junction. The Highways officer does note however that inconsiderate parking can interfere with efficient operation ans free flow of traffic and that the recommended parking restrictions conditions would help to address this matter. Other recommended highways conditions include provision of adequate parking and turning facilities, drainage, submission of an off-site Traffic Management scheme, Construction Method Statement, cleaning of any mud/debris from the road and off-site highway improvements including a table junction at The Birches/Lid Lane junction and road markings at the Birhes/Birchwood Grove junction. 7.11 Members may be aware that a Transport Study for Cheadle town centre has recently been published. It is not a formally adopted document like the Core Strategy, rather it is a piece of Local Plan evidence only. The study was commissioned by Staffordshire County Council and Staffordshire Moorlands District Council to undertake a Transport Study that assesses the traffic impacts of additional housing and employment land provision up until 2026 (lifespan of the current adopted Core Strategy) upon the Cheadle area. The study concludes with 3 recommendations;

1. Investigation into highways improvements on the existing network to mitigate future issues highlighted including the introduction of pinch point improvements to increase exisiting capacities at key junctions;

2. Investigation into existing traffic Regulation Order’s (TRO) for the loading/unloading of HGV’s along the High Street, and

3. Revisions to the Cheadle Town Centre signing strategy.

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However, County highways have confirmed that the publication of this document would not alter their recommendation of conditional approval. Trees and Ecology 7.12 Core Strategy policies DC1, DC3 and NE1 are relevant to this application in that they require the following;

• Development to be resisted where it would harm/be detrimental to the character of the local and wider landscape;

• Seek development which respects and enhances local landscape character;

• Support opportunities to positively manage landscape; • Habitats and species of principal importance and protected and

enhanced. • Development to be designed to respect the site and its surroundings

and create a positive sense of place including through its landscaping; • Creation of attractive environments; • Protection of amenity including soft landscaping; • Ensuring that any unavoidable biodiversity impacts are appropriately

mitigated for; 7.13 Both of the protected trees on the south east boundary (Oak and Sycamore) are of significant amenity value and their retention is essential. The submitted tree survey assesses both trees as Category A trees, representing the highest quality/retention category, being in good condition and with a predicted useful life expectancy in excess of 40 plus years. The Council’s Trees and Woodlands officer states that both the Oak and the Sycamore have some small diameter dead wood and broken/hanging branches but that this could readily be pruned out and does not affect the overall quality or retention rating of the trees. The Trees and woodlands officer has confirmed that he has no objections in principle to residential development on this site but notes that the submitted indicative plan/layout would not be acceptable due to the positioning of some of the roads/driveways, the impact upon root systems, the close proximity of the indicated dwellings and their encroachment within tree crown spread. Such a close proximity would likely result in significant physical harm to the trees and could also lead to problems of significant shading and overbearing relationship with consequential pressure for lopping or felling. The Trees and Woodlands officer estimates the age of the Oak and Sycamore trees as being in the region of 150 years old or more and that replacements would not be acceptable given that it would take many decades to achieve a similar level of amenity and significance to the ones already in place. 7.14 Taking into account the comments made by the Trees and Woodlands officer it is considered that there are no tree related grounds on which to refuse this application at this time due to the layout plan being indicative only. Tree related conditions and informatives are recommended if Members are minded to approve the application.

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7.15 An Ecological Appraisal Report has been submitted as part of the application and has been assessed by the Councils Ecologist. It is concluded that there are no ecological objections to the application. The application site has only low ecological value and that ‘like-for-like’ replacement is not required, although this is on the basis that the perimeter hedgerows are to be retained. It is considered that a suitably worded boundary condition would suffice to retain and improve the hedgerows. At reserved Matters Stage it would be appropriate to require some ecological enhancement as part of the site landscaping. An informative added to the decision notice could make reference to this. Environmental Health 7.16 Environmental Health matters to consider are contamination, noise and nuisance. Contamination 7.17 It is understood that the application site was once part of an historic brick works and contained an associated clay pit.

Environmental Health officers have advised that the pit was filled prior to 1900 with unknown material. There is some evidence that the site has been used for general nursery, possible trees/orchard and that as a result there may be some small residual contamination due to the nature of historic pesticides. Environmental Health officers advise that it is highly unlikely that any associated contamination would be of sufficient magnitude to affect the viability/suitability of the development but the developer should carry out a

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contamination risk assessment to ensure that the site is suitable for its proposed use or can be made so with appropriate remediation. Noise 7.18 The application site is surrounded by a large number of dwelling houses and a school, as such there exists the potential for surrounding noise to impact upon future occupants of the proposed dwellings. It is recommended that a site specific noise assessment and appropriate scheme for noise mitigation/sound insulation should be submitted. This requirement can be dealt with by means of a suitably worded condition. Nuisance 7.19 Any development on the application site has the potential for impacting upon the amenity of the occupants of surrounding properties. It is therefore recommended that a condition is added to control the times in which construction/demolition works can be undertaken. Coal Authority 7.20 The Coal Authority has confirmed that the application site falls within a defined High Risk Development Area and highlight that within the application site and surrounding area there are coal mining features and hazards which need to be considered. The applicant has submitted a Coal Mining Risk Assessment which correctly identifies past coal mining activity in the area but that there is sufficient rock cover above it to afford the stability of the proposed development. The Coal Authority are therefore not raising any objections to the application but do note that further, more detailed consideration of ground conditions and/or foundation design will be required as part of any subsequent Building Regulations application. Drainage/Flooding 7.21 Staffordshire County Council as the Lead Local Flood Authority raise no objections to the proposed development subject to conditions including submission of a drainage scheme and control over the height of the finished floor levels of the houses. (C) Planning Balance 7.22 The Framework seeks to significantly increase the supply of housing within the Staffordshire Moorlands, it is clear that the Council cannot demonstrate a 5 year housing land supply at this time. Approving the submitted application would provide a contribution towards housing land supply shortage and this lends significant weight in support of the scheme. The development would also attract other contributions towards education and play space as well as the provisions of much needed affordable housing. It is considered that the application site is located within a highly sustainable location, close to the town centre and within easy reach of services and facilities. The objections raised in respect of highways matters have been

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considered and the site formally assessed by the County Highways officer who recommends conditional approval. There are no trees, ecology, environmental health (contamination, noise, nuisance), coal or drainage objections to the scheme and therefore for the reasons set out within the report it is recommended that the application is approved subject to conditions.

8. RECOMMENDATIONS

That Outline Planning Permission with all matters reserved (except access) for residential development be approved subject to the following conditions, informatives and completion of a S106 planning obligation to secure contributions towards education and play space as well as onsite affordable housing. In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Regulatory Services has delegated authority to do so provided that the changes do not exceed the substantive nature of the Committee’s decision. Conditions

1. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason:- To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 (As Amended).

2. The approval of the Local Planning Authority shall be obtained in

writing with respect to the plans and particulars of the following reserved matters (hereinafter called ""the reserved matters"") before any development is commenced. a)-The siting of the building(s) b)-The design of the building(s) c)-The external appearance of the building(s) d)-The landscaping of the site Reason:- The application is an outline application under the provisions of Article 1(2) of the Town and Country Planning (General Development Procedure) Order 1995 and no particulars have been submitted with respect to the matters reserved in this permission.

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3. Application for approval of the reserved matters shall be made to the

Local Planning Authority before the expiration of three years from the date of this permission. Reason:- To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

4. The development hereby approved shall be carried out in accordance with the following submitted plans and subject to the following conditions and/or modifications:-

Location Plan Drg No. 2014-1971-01 Rev A.

Reason:- To ensure that the development is carried out in accordance with the approved plans, for clarity and the avoidance of doubt.

5. No development hereby approved shall be commenced until full details

of the following have been submitted to and approved in writing by the Local Planning Authority:

- Disposition and layout of roads and buildings; - Provision of adequate parking, turning and servicing within the site curtilage; - Means of surface water drainage; - Surfacing materials; The development shall thereafter be implemented in accordance with the approved details and be completed prior to first occupation of the development. Reason:- In the interests of highway safety and compliance with the Core strategy and NPPF policies.

6. The development hereby permitted shall not be commenced until

details of the following off-site highway works have been submitted to and approved in writing by the Local Planning Authority; - table junction at The Birches/Lid Lane junction - road markings at the Birches/Birchwood Grove junction - tie in with existing Birchwood Grove

The off-site highway works shall thereafter be constructed in accordance with the approved details prior to the development being first brought into use. Reason:- In the interests of highway safety and compliance with the Core strategy and NPPF policies.

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7. Before the proposed development is brought into use, the existing Birchwood Grove shall be stopped up at both arms of the existing turning head and the surplus land returned to the existing fronting owners. Carriageway of 4.8m and 2m footway and service strip shall be continued on into the proposed development in accordance with submitted drawing. Reason:- To avoid a proliferation of areas of redundant and unnecessary highway

8. The development hereby permitted shall not be commenced until an

off-site traffic management scheme comprising of double yellow line parking restrictions at the junction of Lid Lane/The Birches for a minimum distance of 25m from centreline of The Birches in both directions on both sides of Lid Lane and a minimum distance of 10m into The Birches on both sides has been submitted to and approved in writing by the Local Planning Authority. The approved traffic management scheme shall thereafter be implemented prior to first use of the development. Reason:- In the interests of highway safety and compliance with the Core strategy and NPPF policies.

9. On completion of construction works but prior to occupation of first

dwelling, Birchwood Grove shall be reconstructed as necessary to reinstate damage caused during construction works. Reason:- In the interests of highway safety and compliance with the Core strategy and NPPF policies.

10. No development shall take place, until a Construction Method

Statement has been submitted to, and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i) a site compound with associated temporary buildings: ii) the parking of vehicles of site operatives and visitors; iii) loading and unloading of plant and materials; iv) storage of plant and materials used in constructing the development; v) wheel wash facilities. Reason:- In the interests of highway safety and compliance with the Core strategy and NPPF policies.

11. No mud or other debris shall be deposited on the public highway. Any

that is shall be immediately removed by mechanical means. Reason:- In the interests of highway safety.

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details have been submitted to and approved in writing by the Local Planning Authority indicating all road construction, street lighting, drainage including longitudinal sections and a satisfactory means of draining roads to an acceptable outfall to SUDS principles which shall thereafter be constructed in accordance with the approved drawings. Reason:- In the interests of highway safety and compliance with the Core strategy and NPPF policies.


details of all walls, fences and other means of enclosure including retention and enhancement of existing boundary hedgerows, have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be completed prior to the occupation of any of the buildings on the site. Reason:- To provide adequate privacy and an acceptable external appearance.


details of the existing and proposed levels across the site and relative to adjoining land, together with the finished floor levels of the proposed building(s), have been submitted and approved in writing by the Local Planning Authority. There shall be no variation in these levels without the written approval of the Local Planning Authority. Reason:- In order to ensure the satisfactory appearance of the development and its relationship to adjoining properties.

15. Any mature tree to be removed or to have substantial crown pruning

operations carried out shall first be carefully inspected for the potential to provide bat roosting opportunities. Any tree which has such potential (which could include cavities, splits, decay pockets, hollow stems or branches, areas of loose bark, dense ivy cover or dense epicormic shoots) shall be subject to a further detailed and if necessary climbing inspection by a licensed bat worker immediately prior to felling or pruning, and all felling or pruning of such trees shall take place in the presence of the bat worker who can then immediately advise on appropriate measures if bats are discovered during dismantling, felling or pruning operations. Reason: In the interests of protected species

16. Before the commencement of development (including any site

clearance, stripping or site establishment) temporary protective fencing and advisory notices for the protection of the existing trees to be retained on and adjacent to the site shall be erected in accordance with

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guidance in British Standard 5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations, and as set out in the Tree Heritage Arboricultural Report reference THL-R15/21 accompanying the application, and shall be retained in position for the duration of the period that development takes place, unless otherwise agreed in writing by the Local Planning Authority. Within the fenced areas there shall be no excavation, changes in ground levels, installation of underground services, provision of hard surfacing, passage of vehicles, storage of materials, equipment or site huts, tipping of chemicals, waste or cement, or lighting of fires unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of trees to be retained.

17. Unless prior permission has been obtained in writing from the Local

Planning Authority, all noisy activities shall be restricted to the following times of operations.

08:00 - 18:00 hours (Monday to Friday); 08:00 - 13:00 hours (Saturday) No working is permitted on Sundays or Bank Holidays.

In this instance a noisy activity is defined as any activity (for instance, but not restricted to, building construction/demolition operations, refurbishing and landscaping) which generates noise that is audible at the site boundary.

Reason: To avoid the risk of disturbance to neighbouring dwellings from noise

during unsocial hours. their residential amenities.

18. Development shall not commence until a site specific scheme for protecting the proposed residential units from noise, has been submitted to, and approved in writing by the Local Planning Authority. The submitted scheme shall have due regard for the British Standard BS8233:2014 Guidance on Sound Insulation for Buildings and be designed to achieve noise levels of less than 35 dB LAeq in bedrooms, less than 40 dBLAeq in living areas and 55dB LAeq in outside living areas. A report shall be produced containing all raw data and showing how calculations have been made. A copy of such report shall be submitted to the Local Planning Authority for its approval. Reason: To protect occupiers from noise and safeguard their residential amenities.

19. Development shall not commence until a site risk assessment has

been undertaken to assess the nature and extent of any contamination on the site, in accordance with a scheme to be agreed with the Local Planning Authority. Once completed, a written report of the findings

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and recommendations shall be submitted and approved in writing by the Local Planning Authority. If the site risk assessment indicates that potential risks exist, development shall not commence, until a detailed remediation strategy to bring the site to a condition suitable for the intended use has been prepared, and is subject to the approval in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme and prior to bringing the development into first use, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the Local Planning Authority. The remediation of the site shall incorporate the approved additional measures. 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

20. No top soil is to be imported to the site until it has been tested for

contamination and assessed for its suitability for the proposed development; a suitable methodology for testing this material should be submitted to and agreed in writing by the Local Planning Authority prior to the soils being imported onto site. The methodology should include the sampling frequency, testing schedules, criteria against which the analytical results will be assessed (as determined by the risk assessment) and source material information. The analysis shall then be carried out and validatory evidence submitted to and approved in writing to by the Local Planning Authority. 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.

21. No phase of the development hereby permitted shall take place except

for works of site clearance and demolition until a Construction and Environmental Method Statement has been submitted to and approved in writing by the Local Planning Authority, which shall include the following details:-

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I. the method and duration of any pile driving operations (expected starting date and completion date);

II. the hours of work, which shall not exceed the following: Construction and associated deliveries to the site shall not take place outside 08:00 to 18:00 hours Mondays to Fridays, and 08:00 to 13:00 hours on Saturdays, nor at any time on Sundays or Bank Holiday;

III. pile driving shall not take place outside 09:00 to 16:00 hours Mondays to Fridays, nor at any time on Saturdays, Sundays or Bank Holidays;

IV. the arrangements for prior notification to the occupiers of potentially affected properties;

V. the responsible person (e.g. site manager / office) who could be contacted in the event of complaint;

VI. a scheme to minimise dust emissions arising from construction activities on the site. The scheme shall include details of all dust suppression measures and the methods to monitor emissions of dust arising from the development. The approved dust suppression measures shall be maintained in a fully functional condition for the duration of the construction phase;

VII. details of wheel washing facilities. All construction vehicles shall have their wheels cleaned before leaving the site;

VIII. a scheme for recycling/disposal of waste resulting from the construction works;

IX. the parking of vehicles of site operatives and visitors; X. the loading and unloading of plant and materials;

XI. the storage of plant and materials used in constructing the development;

XII. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

XIII. installation and maintenance of wheel washing facilities, and, XIV. details of measures to protect the public footpaths and amenity of

users of the pubic footpaths crossing the site during the construction works.

All works shall be carried out in accordance with the approved details. Any alteration to this Plan shall be approved in writing by the Local Planning Authority prior to commencement of the alteration. Reason:- To protect the amenities of the area.

22. Development shall not begin on the site until a scheme for the

provision, implementation and future maintenance of a surface water drainage scheme for the site, based on Sustainable Drainage (SuDs) principles has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

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Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

23. Finished floor levels of the dwellings shall be set at least 150mm above

surrounding ground levels. Reason:- To protect the development from overland flow.

Informatives 1. The applicant(s)/developer(s) is advised that in order to maintain privacy to the surrounding school grounds and buildings, the Reserved Matters application shall consider single storey dwellings along all or part way along the shared boundary to the south west and south east. 2.The applicant(s)/developer(s) is advised that the Reserved Matters application should include some ecological enhancement in association with the overall site landscaping, in line with the recommendations as set out within the SES Preliminary Ecological Appraisal (31st March 2015). 3.Notwithstanding the outline planning permission hereby granted, this permission does not give or imply any approval for the indicative layout plan. This plan is not considered acceptable due to its adverse impact on high quality protected trees – specifically the proposed removal of T5 and the likely significant damage to T4 leading to decline in condition and/or death of this tree, together with inappropriate proximity between dwellings and T4 leading to problems of shading and overbearing, and pressure to fell or substantially prune the tree. The applicant is advised that an alternative layout which accommodates the retention and protection of T4 and T5 and provides for suitable clearance to avoid proximity problems, should be submitted as part of a subsequent reserved matters of full planning application. 4.This consent will require approval under Section 7 of the Staffordshire Act 1983 and will require a Section 38 of the Highways Act 1980. Please contact Staffordshire County Council to ensure that approvals and agreements are secured before commencement of works. 5.The conditions requiring off-site highway works shall require a Major Works Agreement with Staffordshire County Council and the applicant is therefore requested to contact Staffordshire County Council in respect of securing the Agreement. The link below provides a link to a Major Works Information Pack and an application form for the Major Works Agreement. Please complete and send to the address indicated on the application form which is Staffordshire County Council at Network Management Unit, Staffordshire Place 1, Wedgwood Building, Tipping Street, STAFFORD, Staffordshire ST16 2DH. (or email to [email protected]) http://www.staffordshire.gov.uk/transport/staffshighways/licences/

mailto:[email protected]

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6.TRO's associated with table junctions will be progressed at the developers expense. The proposed traffic management scheme referred to in condition above requires an essential Traffic Regulation Order to provide safe access/off-site mitigating works. This recommendation of approval should not be construed as though the County Council is prejudging the outcome of the Order making process. The developer should note that the Order will be made on behalf of the developer by Staffordshire County Council at the developers expense and has to be secured before development commences as it is an important component of the required mitigating measures associated with the proposed development. In case the Order is not already being processed the developer is requested to contact Staffordshire County Council with immediate effect to enable the Order to be secured at the earliest convenience to avoid delays to implementation of the planning consent. Please note that there are no guarantees that the Order will be successful. This can be done under the Major Works Agreement. 7.Depending on the timing of the adoption of Birchwood Grove, this application may require an area of highway to be stopped up. Planning approval does not constitute permission to stop up the highway or carry out works on the highway. The applicant must contact Staffordshire County Council in order to progress an application to stop up this area of highway. Please contact Land Charges at [email protected] or Staffordshire County Council at Highway Network Data Unit, Staffordshire Place 1, Wedgwood Building, Tipping Street, STAFFORD, Staffordshire, ST16 2DH. It is important that no work is commenced on existing highway before stopping up is completed. It will be the applicants responsibility to progress the stopping up application once agreement has been reached with Staffordshire County Council. 8.Please be aware that the responsibility for safe development and secure occupancy of the site rests with the developer.

• A Demolition or refurbishment asbestos survey and risk assessment

should be carried out prior to the demolition of any existing buildings built before the year 2000. The enforcing authority for this type of work is the Health and Safety Executive (HSE) and it is recommended that you contact them directly to discuss their requirements: http://www.hse.gov.uk/

• Any approved noise scheme and measurements should pay due

regard to British Standard BS8233: Sound insulation and noise reduction for buildings (Code of Practice) and the Building Regulations 2010 Document E or other appropriate guidance.

• Advice on controlling flies and light can be found in: Statutory Nuisance

from Insects and Artificial Light (defra 2005) available as a free download

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http://archive.defra.gov.uk/environment/quality/local/legislation/cnea/documents/statnuisance.pdf

• During any demolition and construction activities (including

landscaping) the contractor should take all reasonable steps to prevent dust formation and prevent any dust formed from leaving the site boundary.

• The control of dust and emissions from construction and demolition

Best Practice Guidance, produced by the greater London councils http://www.london.gov.uk/sites/default/files/BPGcontrolofdustandemissions.pdf

• Building Research Establishment Guidance Document ‘Control of

Dust from Construction and Demolition Activities’ (BR456)

• If required, contamination risk assessments shall be carried out in accordance with UK policy and with the procedural guidance relating to the contaminated land regime, and should be in accordance with Planning Policy Statement 23 and the CLR Report Series 1-12.

• Submission of reports should also be made to the Environment Agency for comment with regard to their remit to protect ground and surface waters from pollution and their obligations relating to contaminated land.

• The Local Planning Authority will determine the acceptability of reports on the basis of the information made available to it. Please be aware that should a risk of harm from contamination remain post development, where the applicant had prior knowledge of the contamination, the applicant is likely to be liable under Part II (a) of the Environmental Protection Act 1990 and as such become and “appropriate person”. In this event the applicant will be lawfully responsible to remove the risk posed by the contamination.

• Equally if during any site works a pathway for any contaminant on site is created and humans, waters, property or ecological systems are exposed to this, the applicant or those acting on behalf of the applicant will be liable under part II (a) of the Environmental Protection Act 1990 if the risks are not adequately addressed during the site redevelopment.

• During investigation and remediation works the applicant and those acting on behalf of the applicant must ensure that site workers, public property and the environment are protected against noise, dust, odour and fumes

• The applicant is advised that should there be a requirement as part of the Remediation Strategy to treat, reuse or remove contaminated material on the site, the Environment Agency must be



http://www.london.gov.uk/sites/default/files/BPGcontrolofdustandemissions.pdf

http://www.london.gov.uk/sites/default/files/BPGcontrolofdustandemissions.pdf

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consulted, as these activities may need to be licensed or permitted. Contaminated materials identified for removal off site must be disposed of in an appropriately licensed landfill site.

• Staffordshire Moorlands District Council is keen to liaise with all stakeholders involved in this application. As such, we recommend that a proposed scope of works is forwarded to the Environmental Protection Department and agreed in principle prior to site investigation works being undertaken. The Environmental Protection Department is also prepared to review draft copies of reports prior to final submission to the Planning Department in order to ensure that works undertaken are sufficient to discharge the contaminated land conditions.

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