South Northamptonshire Council Development Control...

South Northamptonshire Council

Development Control Committee Minutes of a meeting of the Development Control Committee held at The Forum, Moat Lane, Towcester, Northants NN12 6AD on Thursday 10 March 2016 at 2.15 pm. Present Councillor Sandra Barnes MBE (Chairman)

Councillor Mary-Anne Sergison-Brooke (Vice-Chairman) Councillor Anthony S. Bagot-Webb

Councillor Fiona Baker Councillor Phil Bignell Councillor Rebecca Breese Councillor Karen Cooper Councillor Richard Dallyn Councillor Steven Hollowell Councillor Martin Johns Councillor Sandi Smallman Councillor John Townsend

Substitute Members:

Councillor Valerie Furniss (for Councillor Baxter)

Apologies for Absence:

Councillor Judith Baxter Councillor Stephen Clarke

Officers: Robert Fallon, Development Services Manager Daniel Callis, Principal Planning Officer - S/2016/0061/COND Amanda Haisman, Development Management Team Leader (Fast Track Team) - S/2016/0324/FUL Andrew Longbottom, Principal Planning Officer - S/2016/0069/MAR Maria Philpott, Principal Planning Officer - S/2015/2925/MAF Suzanne Taylor, Principal Planning Officer - S/2015/3018/106BA Preet Barard, Solicitor Nigel Bell, Team Leader - Planning Emma Faulkner, Democratic and Elections Officer

146 Declarations of Interest

Councillor Steven Hollowell declared a general, Non Statutory Disclosable Interest in all archaeological aspects of planning applications, as vice-Chairman of the Northamptonshire Archaeological Society. 6. Commercial phases, Moat Lane, Towcester. Councillor Phil Bignell, Declaration, as a Member of the Cabinet, and would leave the Chamber for the duration of the item.

Development Control Committee - 10 March 2016

Councillor Rebecca Breese, Declaration, as a Member of the Cabinet, and would leave the Chamber for the duration of the item.

147 Minutes The Minutes of the meeting of the Committee held on 11 February 2016 were agreed as a correct record and signed by the Chairman.

148 Chairman's Announcements The Chairman made the following announcements: 1. Members of the public were permitted to film, broadcast and report on the

meeting, subject to the efficient running of the meeting not being affected.

2. Only those people who had registered, in line with the Committee’s speaking procedure, could address the Committee. Members of the public were requested not to call out during the Committee’s discussions on any item.

3. There were no planned fire drills so if the alarm did sound, evacuation instructions

would be given by officers.

149 Proposed Pre-Committee Site Visits (if any) There were no proposed pre-Committee site visits.

150 Commercial phases, Moat Lane, Towcester - S/2015/2925/MAF The Committee considered application S/2015/2925/MAF, Variation of condition 2 (Plans), condition 4 (Use) and Condition 23 & 26 (Remove reference to B1 (c) use) and removal of condition 6 (code level 3) and condition 32 (Activity connected with B1 (c) use) to S/2012/1476/MAF (The Regeneration of Moat Lane) (The original application was submitted with and Environmental Statement) to enable change of use from approved offices (B1 (a)) and light industrial (B1 (c)) units and reduction in floor space of the A3 use from 330sq m to 171sq m to create a further 17 residential units, at Commercial Phases of Moat Lane for Towcester Regeneration Ltd. The Committee heard from two public speakers: Mr Nick Holder, an objector; and Mr Colin Clayson on behalf of the applicant. In reaching its decision the Committee considered the case officer’s report and presentation, the written update to the report published on 10 March 2016 and the comments of the public speakers.


Resolved That authority be delegated to the Head of Development Management to grant permission for application S/2015/2925/MAF, subject to: 1. No new material planning considerations being raised before the expiry of the

consultation period on 24 March 2016; 2. The completion of a deed of variation under S106 and S106a of the Town and

Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, to secure the following;

£25,449 for secondary school provision to go towards the expansion of Sponne School

3. Conditions as set out below (exact wording delegated to the Head of Development Management):

Time limits and general implementation conditions 1. The development shall not be carried out otherwise than in complete

accordance with the approved plans as set out in the attached schedule unless a non-material amendment is approved by the Local Planning Authority under the Town and Country Planning (General Development Procedure) (Amendment No3) (England) Order 2009.

2. The development of Phases 3 and 4 shall be carried out in accordance with the

approved levels details shown on drawings 2850 PO1; 2852 PO1; 2853 PO1; 2854 PO1; 2855 PO1 and 2856 PO1; 2851 PO1 (Packages 1, 2, 6, 7, 8 and 10 respectively) approved under reference S/2014/1890/COND unless otherwise agreed in writing by the Local Planning Authority.

3. No development in relation to Phase 2 shall take place until details of all

finished floor levels in relation to existing and proposed site levels and to the adjacent buildings have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be constructed in accordance with the approved levels.

4. The premises shall be used only for the purposes hereby permitted as defined

in the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 or in any provision equivalent to that class in any statutory instrument revoking, amending or re-enacting that order and as shown on the approved plans and as set out below and for no other purpose;

- A1 Shops - 805.5 sqm; - A3 Restaurant/Café - 171 sqm; - Residential dwellings - 75 residential dwellings including 14 no. 1 bed flats; 15

no. 2 bed flats; 8 no. 2 bed houses; 26 no. 3 bed houses; 11 no. 4 bed houses; and 1 no. 5 bed houses;

- Multi-use Community Building - 3,265 sqm


Landscaping and open space and protected trees 5. In relation to Phase 1, the development shall be carried out in accordance with

the Letter and Plan dated 28th May 2014 confirming the future management and maintenance of public areas as approved by the Local Planning Authority by letter dated 22nd December 2014.

6. A scheme for landscaping to Phases 2, 3 and 4 shall be submitted to and

approved in writing by the Local Planning Authority prior to the commencement of that work, which shall include:-

(a) details of the proposed tree and shrub planting including their species,

number, sizes and positions, together with grass seeded/turfed areas and written specifications (including cultivation and other operations associated with plant and grass establishment i.e. depth of topsoil, mulch etc),

(b) details of the existing trees and hedgerows to be retained as well as those to

be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

(c) details of the hard landscaping including all roads, pavements and

pedestrian areas and steps and any other hard surface areas. (d) details of the finishes and any landscaping to the shared courtyard to the

rear of the Northampton Road flats (Package 1 only). (e) details of design and location of street furniture such as benches, litter bins,

signage and any bollards to make up part of the public realm, and (f) details of the future management and maintenance of any areas of public

open space. 7. All planting, seeding or turfing comprised in the approved details of landscaping

shall be carried out in the first planting and seeding seasons following the occupation of the relevant Phase. All planting, seeding and turfing shall be maintained for a period of 5 years from the completion of the Phase. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

8. The replacement tree planted in the new Civic Square shall be maintained for a

period of five years from the agreed date of planting in such a manner that the site is kept weed free and clean and should any tree die, be removed or become seriously damaged or diseased it shall be replaced in the next planting season with another of similar size and of the same species, unless the Local Planning Authority gives written consent to any variation.


Highways, parking and turning areas 9. The proposed access, parking, turning, loading and unloading facilities within

each Phase of development shall be provided in accordance with the approved plans before first use/occupation of that Phase of the development hereby permitted. The access, parking, turning, loading and unloading, facilities shall thereafter be retained for use in connection with the development for those purposes only.

10. The development shall be carried out and operated in accordance with the

approved Travel Plan dated 09.12.14 and the Travel Plan Addendum dated 10.02.15 approved under reference S/2014/2444/COND unless otherwise approved in writing by the Local Planning Authority.

11. The cycle parking facilities shown on drawing A-CTL-ML-00-GA-1041-01 in

relation to the Community Building shall be permanently retained and maintained for the parking of cycles in connection with the development unless otherwise approved in writing by the Local Planning Authority.

12. Prior to the first occupation of the residential flats on Northampton Road, cycle

parking facilities shall be provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The covered cycle parking facilities so provided shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.

13. Prior to the occupation of the 17 additional residential units on Phase 2, further

details of the location and provision of the secure cycle parking for those units shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and any cycle provision provided retained at all times.

14. Notwithstanding the provisions of Class A of Part 1, Schedule 2 of the Town

and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and its subsequent amendments, the garages shown within package 1 and package 8 on the approved plans shall be retained for the garaging of private motor vehicles and shall not be converted to provide additional living accommodation without the prior express planning permission of the Local Planning Authority.

15. The garage doors in package 1 and package 8 shall be of a type which do not

open in any part forward of the front face of the garage and shall be retained as such thereafter.

Environmental health issues 16. The Community Building shall be operated in accordance with the ventilation

and extraction of cooking fumes from the kitchen facilities as set out in the scheme shown in Whitco Drawing 2464 Rev 6 received by the Local Planning Authority on 12th March 2015 and emails from the applicant received on 5th


March 2015 and 10th March 2015 as approved under reference S/2015/0157/COND at all times the building is in use for the purposes hereby permitted unless otherwise approved in writing by the Local Planning Authority.

17. Prior to the occupation of plot H in package 1 and plot C in package 2 (the

approved A3 restaurant/cafe units) a scheme for the ventilation and extraction of cooking fumes from the kitchen facilities within the building hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The approved system shall be installed and operated in accordance with the approved scheme at all times the building is in use for the purposes hereby permitted.

18. Prior to the individual occupation of the A1 units and A3 units hereby approved

a scheme for the fitting of odour control equipment to the buildings shall be submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in strict accordance with the approved details prior to the occupation of the development and shall thereafter be retained as such.

19. Prior to the commencement of any development on Northampton Road and

Whittons Lane a Road Traffic Noise Assessment shall be undertaken the findings of which shall be submitted to and approved in writing by the Local Planning Authority.

20. No residential development shall commence on Northampton Road or Whittons

Lane until a scheme for protecting the proposed dwellings from traffic noise from the Northampton Road has been submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall achieve internal levels of 30dB LAeq (8 hour) and 45dB LAmaxF in all sleeping areas between 2300 hours and 0700 hours with windows shut and other means of ventilation provided. An internal level of 40dB LAeq 1 hour shall be achieved in all other areas of the building and an external level of 50dB LAeq (16 hours) shall be achieved in garden areas and balconies. Any works which form part of the scheme shall be completed in accordance with the approved details before any of the permitted dwellings to which the scheme relates are occupied.

21. Prior to the individual occupation of the A1 units and A3 units hereby approved

a scheme for the suitable treatment of all plant and machinery within those buildings against the transmission of sound and/or vibration shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be installed and operated in accordance with the approved scheme at all times the building is in use for the purposes hereby permitted.

22. There shall be no occupation of the flats at first floor level in Package 2 until the

existing extraction system to The Rice Bowl has been adequately upgraded in accordance with the latest DEFRA regulations and in accordance with details which have been first submitted to and approved in writing by the Local Planning Authority.


23. There shall be no occupation of any of the dwellings hereby permitted in Package 5 until a noise assessment has been undertaken and a scheme for protecting the proposed dwellings from noise sources at The Brave Old Oak Public House affecting the site has been submitted to and approved in writing by the Local Planning Authority. Any assessment method and acoustic criteria used shall be prior agreed in writing with the Local Planning Authority and any proposed mitigation scheme shall meet the design aims of the National Planning Policy Framework and Planning Practice Guidance. Any works which form part of the scheme shall be completed in accordance with the approved details before any of the permitted dwellings to which the scheme relates are occupied.

24. The development shall be carried out in accordance with the AECOM Air

Quality Supplementary Information dated August 2013, received on 7th October 2013 and approved by the Local Planning Authority by letter dated 22nd December 2014 unless otherwise approved in writing by the Local Planning Authority.

25. The development of Phases 3 and 4 shall be carried out in accordance with the

Construction Method Statement produced by Chapman Taylor dated June 2015, received by the Local Planning Authority on 4th August 2015 and approved under reference S/2014/1893/COND unless otherwise approved in writing by the Local Planning Authority.

26. No development of Phase 2 shall take place, including any works of demolition

if required, 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) the parking of vehicles of site operatives and visitors ii) loading and unloading of plant and materials iii) storage of plant and materials used in constructing the development iv) the erection and maintenance of security hoarding including decorative

displays and facilities for public viewing, where appropriate v) wheel washing facilities vi) measures to control the emission of dust and dirt during construction vii) a scheme for recycling/disposing of waste resulting from demolition and

construction works 27. No deliveries including loading/unloading shall be made to the site outside the

hours of 06.00 to 20.30 Monday to Saturday or 07.30 to 18.30 on Sundays, Bank and Public Holidays.

28. The operational uses hereby permitted shall be restricted to the following

opening times:- Monday - Saturday : 6.00 a.m. to Midnight. Sundays, Bank and Public Holidays : 7.30 a.m. to 10 p.m.


29. No construction work including site clearance and delivery of materials shall be carried out except between the hours of 07.30 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturdays and at no times on Sundays, Bank and Public Holidays.

Boundary treatment 30. Full details of the enclosures along all boundaries of Phases 2, 3 and 4 and

within those phases have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of those works. Such means of enclosure, in respect of those dwellings which it is intended shall be screened, shall be erected prior to the first occupation of those dwellings.

Lighting and street lighting 31. The wall mounted lighting to the residential units in Phases 3 and 4 shall at all

times operate in accordance with drawings 3030 P01 (Package 1); 3031 P01 (Package 10); 3032 P01 (Package 2); 3033 P01 (Package 6); 3034 P01 (Package 7); 3035 P01 (Package 8) and 3036 P01 (proposed luminaires) as approved under reference S/2014/1895/COND. The external lighting to the Community Building shall at all times accord with Quarto lighting specification by Kingfisher, drawing 588-AP-0030 and 588-AP-0031 received by the Local Planning Authority on 9th January 2015 as approved under reference S/2015/0051/COND. The Flagpole lighting to the Community Building shall at all times accord with Ideaworks JB6200 Solar Powered Flagpole Lighting received by the Local Planning Authority on 27th January 2015 and elevation and plan drawing showing location of flagpoles and lighting received by the Local Planning Authority on 5th March 2015 as approved under reference S/2015/0051/COND. The Street lighting to Moat Lane shall at all times accord with the Chester column, Ornate Post Top Entry wall brackets, Windsor lamp head and Harttron 14005-D-01 received by the Local Planning Authority on 12th March 2015 as approved under reference S/2015/0051/COND.

32. No development shall commence within Phase 2 of the development until

details of the external lighting including the design, position and orientation within that phase has been submitted to and approved in writing by the Local Planning Authority. The lighting shall be installed and operated in accordance with the approved scheme at all times thereafter.

Listed buildings, conservation areas and archaeology 33. The development hereby permitted shall be carried out in accordance with the

programme of archaeological work as set out in the written scheme of investigation ref. 660107 dated February 2013 and the supplementary methodology for preservation in situ ref. HC/107/A dated February 2013.

34. The northerly extension to the listed barn shall be constructed using the stone

reclaimed from the demolition of the existing gable wall which shall be laid, dressed, coursed and pointed in accordance with a sample panel (minimum 1 metre squared in size) which shall be constructed on site to be inspected and


approved in writing by the Local Planning Authority prior to the commencement of the development hereby permitted.

35. All new works and works of making good to existing buildings in Packages 2, 3,

4, 5, 6, 7 and 8 hereby approved shall be carried out in materials and detailed to match the adjoining original fabric except where shown otherwise on the approved drawings.

36. Any repointing of the existing buildings in Packages 2, 3, 4, 5, 6, 7 and 8 hereby

approved shall be carried out using a traditional lime mortar mix and in the same manner as the existing pointing.

37. All rainwater gutters and downpipes, etc shall be cast iron or aluminium

manufacture and painted black unless alternative details are otherwise first approved in writing by the Local Planning Authority.

38. All flues and vents shall be cast iron or aluminium manufacture and painted

black unless alternative details are otherwise first approved in writing by the Local Planning Authority.

39. The electricity and gas supply meter housing to Phases 3 and 4 shall be carried

out in accordance with drawings 3040 P02 (Package 1), 3042 P02 (Package 2), 3043 P02 (Package 6), 3044 P02 (Package 7), 3041 P02 (Package 10) and 3045 P02 *new builds only* (Package 8) unless otherwise agreed in writing by the Local Planning Authority.

40. Any electricity or gas supply meter housings on Phase 2 and Mill House

(Package 8, Phase 4) to be located on the external elevations of the buildings hereby approved shall be sited on the rear elevations of the buildings unless otherwise approved in writing by the Local Planning Authority.

Materials and architectural detailing and design 41. No development shall take place within Phase 2 of the development until

samples of materials and finishes to be used in the external walls and roofs of the buildings/dwellings within that Phase has been submitted to and approved in writing by the Local Planning Authority in accordance with the approved plans where shown. Where materials and finishes have not been shown on the approved plans a schedule of material finishes shall also be provided to be approved by the Local Planning Authority. The development shall thereafter be completed in accordance with the approved details.

42. The development of Packages 2, 6, 7 and the new build element of Package 8

(Phase 4) shall be carried out in accordance with the listed of 'Approved Details' approved under reference S/2015/2769/COND unless otherwise approved in writing by the Local Planning Authority.

43. Prior to the commencement of the development on Whittons Lane, amended

plans shall be submitted to and approved in writing by the Local Planning Authority to amend the proportions of the fenestration at first floor level on


Package 2 and the ground floor shop front fascias and detailing on both sides of Whittons Lane (Packages 1 and 2). The development shall then be carried out in accordance with the approved details.

44. Prior to the commencement of the development of the A1 and A3 units hereby

permitted within Package 1 and Package 2 full details of the ground floor shop fronts shall be submitted to and approved in writing by the Local Planning Authority. Development shall be implemented in accordance with the approved details and retained thereafter.

45. The shop fronts and shop windows approved under conditions 43 and 44 shall

remain free of internal advertisement or obstruction at all times unless otherwise agreed in writing by the Local Planning Authority.

46. Further details of the architectural detailing and material finish of the windows

including headers and cills, doors and door surrounds, eaves and verge treatment, quoining, banding, rainwater goods and chimneys to the buildings within Phases 2 and 3 and the listed building element of Phase 4 (Package 8) shall be submitted to and approved in writing by the Local Planning Authority prior to the construction of the buildings above slab level in that Phase. The development shall thereafter be carried out in accordance with the approved details.

Refuse storage 47. Phases 3 and 4 of the development shall be carried out in accordance with the

refuse storage locations shown on drawing 3015 P02 and the refuse storage details shown on drawing 3016 P02 approved under reference S/2014/1899/COND unless otherwise approved in writing by the Local Planning Authority.

48. No development shall commence within Phase 2 of the development until

details of all refuse storage facilities and locations within that Phase have been submitted to and approved in writing by the Local Planning Authority. The storage facilities shall thereafter be provided in accordance with the approved details before the dwellings/buildings to which they relate are first occupied.

Drainage and contamination 49. The development shall be carried out in accordance with drawings TPIN1021-

501-01J; TPIN1021-501-02J and TPIN1021-101-01F in respect of the surface water drainage scheme approved by the Local Planning Authority by letter dated 22nd December 2014 unless otherwise approved in writing by the Local Planning Authority.

50. The development shall be carried out in accordance with drawings TPIN1021-

501-01J; TPIN1021-501-02J and TPIN1021-101-01F in respect of the surface water disposal scheme approved by the Local Planning Authority by letter dated 22nd December 2014 unless otherwise approved in writing by the Local Planning Authority.


51. The development permitted by this planning permission shall be carried out in

accordance with the approved Flood Risk Assessment (FRA) (AECOM October 2012), and the following mitigation measures detailed within the FRA:

1. The provision of a flood warning system and emergency evacuation plan (including safe/access and egress routes for all development;

2. Finished floor levels of any new development shall be set no lower than 82.57m above Ordnance Datum (AOD);

3. No habitable or ‘more vulnerable’ development shall be located within the mill building;

4. The provision and implementation of flood resilient/resistant construction methods as outlined within the FRA;

5. No ground raising or new development shall be located within Flood Zones 2 or 3.

The mitigation measures shall be fully implemented prior to occupation and

subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

52. Piling or any other foundation designs and investigation boreholes using

penetrative methods shall be permitted other than with the express written approval of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

53. Phase 1 (Package 9 and associated road infrastructure) shall be carried out in

accordance with the Remediation Strategy EB1217/SH/3251 Rev B and the Curtins Consulting letter EB1217/RA/4096 and attachments approved by the Local Planning Authority on 22nd December 2014. The development of Packages 1 (CCH1), Package 2 (CCH1 and CCH3), Package 6 (CCH4), Package 7 (CCH5) and Mill House section of Package 8 (including the extensions to Mill House) (CCH7) across Phases 2, 3 and 4 shall be carried out in accordance with the amended Remediation Strategy STL2846T-RSO1 Revision 1 dated October 2015 received by the Local Planning Authority on 14th October 2015 and drawings D-STL2846T-05a and D-STL2846T-05b received by the Local Planning Authority on 21st October 2015 approved by the Local Planning Authority under reference S/2015/2157/COND unless otherwise approved in writing by the Local Planning Authority.

54. No development of Packages 3, 4 or 5 of Phase 2, Package 8 (new build

element) of Phase 4 or Package 10 of Phase 3 hereby permitted shall take place until a desk study and site walk over to identify all potential contaminative uses on site, and to inform the conceptual site model has been carried out by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and has been submitted to and approved in writing by the Local Planning Authority. No development shall take place until the Local Planning Authority


has given its written approval that it is satisfied that no potential risk from contamination has been identified.

55. If a potential risk from contamination is identified as a result of the work carried

out under condition 54, prior to the commencement of the development of those Phases hereby permitted, a comprehensive intrusive investigation in order to characterise the type, nature and extent of contamination present, the risks to receptors and to inform the remediation strategy proposals shall be documented as a report undertaken by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place in those Phases unless the Local Planning Authority has given its written approval that it is satisfied that the risk from contamination has been adequately characterised as required by this condition.

56. If contamination is found by undertaking the work carried out under condition

55, prior to the commencement of the development of those Phases hereby permitted, a scheme of remediation and/or monitoring to ensure the site is suitable for its proposed use shall be prepared by a competent person and in accordance with DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11’ and submitted to and approved in writing by the Local Planning Authority. No development shall take place in those Phases until the Local Planning Authority has given its written approval of the scheme of remediation and/or monitoring required by this condition.

57. If remedial works have been identified in condition 56, the development of those

Phases shall not be occupied until the remedial works have been carried out in accordance with the scheme approved under condition 56. A verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

58. If, during development, contamination not previously identified is found to be

present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

59. In respect of remediation, Phase 1 shall be carried out in accordance with the

Curtins Consulting letter dated 23rd October 2014 unless otherwise agreed in writing by the Local Planning Authority.

60. No occupation of any part of the remaining Phases of the permitted

development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to


demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

Ecology and biodiversity 61. The development shall be carried out in accordance with the Ecological

Management and Mitigation Strategy Revision 8 received on 29th May 2014 and approved by the Local Planning Authority on 22nd December 2014 unless otherwise approved in writing by the Local Planning Authority.

62. All site clearance (including vegetation removal) should be timed so as to avoid

the bird nesting/breeding season from March to August. Permitted development 63. Notwithstanding the provisions of Classes A-D (inc) of Part 1 of Schedule 2 of

the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no further enlargement, alteration or improvement of any of the dwellings hereby approved shall be undertaken at any time without the prior planning permission of the Local Planning Authority.

151 Land at Towcester Vale, Towcester - S/2016/0061/COND The Committee considered application S/2016/0061/COND, Condition 7 (Design Code) - Application for approval of details submitted pursuant to Condition 7 of planning permission S/2007/0374/OUTWNS (Outline application for the creation of a new mixed use neighbourhood at Towcester comprising: 2750 homes; employment land to support B1, B2 and B8 uses; a main Local Centre (food store, retail units, public house/restaurant, doctors surgery/medical centre, nursery/crèche and community hall); a support local centre (corner shops, takeaways); mixed use commercial area to accommodate Class C1 Hotel with conference and leisure facilities; two new primary schools; areas of public open space and strategic landscaping, incorporating new formal Sports Pitches, and combined community facility and Pavilion and parking and new allotments; the provision of the Towcester Relief Road connecting the A5T to the A43T; surface water/flood management works and necessary related engineering works for drainage and services) at Land at Towcester Vale, Towcester for Mr Andy Lord. The Committee heard from one public speaker, Mr Lord the applicant. In reaching its decision the Committee considered the case officer’s report and presentation, the written update to the report published on 10 March 2016, and the comments of the public speaker.


Resolved That authority be delegated to the Head of Development Management to approve the discharge of condition in application S/2016/0061/COND, subject to no new material planning considerations being raised before the expiry of the consultation period on 16 March 2016.

152 Iletts Farm, Radstone Road, Whitfield, NN13 5TL - S/2016/0324/FUL The Committee considered application S/2016/0324/FUL, a replacement farmhouse, agricultural dwelling and 6 holiday let units at Iletts Farm Radstone Road Whitfield NN13 5TL for C and N Bellingham. The Committee heard from one public speaker, Mr Nigel Bellingham the applicant. In reaching its decision the Committee considered the case officer’s report and presentation, the written update to the report published on 10 March 2016 and the comments of the public speaker. Resolved That permission for application S/2016/0324/FUL be granted, subject to: 1. The completion of a planning obligation under section 106 of the Town and

Country Planning Act 1990, as substituted by the Planning and Compensation Act 1991, to secure agreement that the occupation of the replacement farmhouse shall not take place until an appropriate trigger point occurs (precise wording delegated to the Head of Development Management)

2. The following conditions:

Time limits and general implementation conditions 1. The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. 2. The development shall not be carried out otherwise than in complete

accordance with the approved plans being Location Plan, Drawings 1, 3 and 4 and window / verge detail received 2/2/16 and Drawing 2A received 8/3/16 unless a non-material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015.

3. The development hereby permitted shall be carried out in accordance with the

recommendations set out in Section 5 of the Phase I ecology survey report by Conservation Constructions dated 14th February 2016 relating to the timing of works, planting and the provision of bird boxes unless otherwise agreed in writing by the Local Planning Authority.


Conditions requiring Local Planning Authority written approval or to be complied with before any development commences 4. No development shall take place until there has been submitted to and

approved in writing by the Local Planning Authority a scheme for landscaping the site which shall include:-



(b) details of the existing trees and hedgerows to be retained as well as those to

be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,

(c) details of the hard landscaping including hard surface areas, pavements,

pedestrian areas and steps. 5. No development shall take place until the applicant (or their agents or

successors in title) has submitted to and had approved in writing by the local planning authority a programme of archaeological work consisting of a written scheme of investigation (WSI) and a timetable for that work. The development shall thereafter proceed in accordance with the approved WSI and timetable.

6. The external walls of the buildings to be constructed in stone shall be

constructed in natural limestone which shall be laid, dressed, coursed and pointed in accordance with a sample panel (minimum 1 metre squared in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority before the development hereby permitted takes place.

7. No development shall take place until samples of the bricks to be used in the

construction of the walls of the garage have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the samples so approved.

8. No development shall take place until samples of the slates (including ridge

tiles) to be used in the covering of the roof of the building have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the samples so approved.

Conditions requiring Local Planning Authority written approval or to be complied with by developer before specific construction works take place 9. All planting, seeding or turfing comprised in the approved details of landscaping

shall be carried out in the first planting and seeding seasons following completion of the development and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a


period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

10. Within 6 months of the completion of the archaeological work in accordance

with the written scheme of investigation approved pursuant to condition 5 above the applicant (or their agents or successors in title) shall submit to the local planning authority for its written approval an archaeological report comprising a post-excavation assessment and analysis, preparation of site archive and completion of an archive report together with details of the store at which this is to be deposited

11. All new windows/doors shall be timber painted white, off white, cream or other

such colour which shall have been previously approved in writing by the Local Planning Authority and thereafter shall be permanently so retained.

Conditions requiring Local Planning Authority written approval or to be complied with by developer before occupation 12. The proposed access, parking and turning facilities shall be provided in

accordance with the approved plans before first occupation of the development hereby permitted. The access, parking and turning, facilities shall thereafter be retained for use in connection with the development for those purposes only.

Conditions to be complied with at all times 13. The holiday accommodation hereby permitted shall not be occupied for more

than 28 days in any calendar year by any individual person or groups of persons unless otherwise approved in writing by the Local Planning Authority. A register of occupancy shall be kept and made available for inspection by the Local Planning Authority at the end of each calendar year.

14. The annex hereby permitted as identified on the plans approved under

Condition 2 above shall only be used as either ancillary accommodation to the replacement farmhouse hereby permitted (to be known as Iletts Farm) or occupied as a holiday let in accordance with condition 13, and as such shall not be sold, leased or used as an independent dwelling unit.

15. The agricultural workers dwelling hereby permitted as identified on the plans

approved under Condition 2 above shall be occupied only by a person solely or mainly employed, or last solely or mainly employed, in the locality in agriculture, as defined in Section 336(1) of the Town and Country Planning Act 1990, or in forestry, including any dependants of such a person residing with him or her or a widow or widower of such a person.

16. Notwithstanding the provisions of Classes A-D (inc) of Part 1 of Schedule 2 of

the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no


enlargement, alteration or improvement of any dwelling shall be undertaken at any time without the prior planning permission of the Local Planning Authority.

17. Notwithstanding the provisions of Class E of Part 1 of Schedule 2 of the Town

and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting or amending that order) no building or structure shall be erected or placed within the curtilage of any dwelling hereby permitted without the prior planning permission of the Local Planning Authority.

18. No external lights/floodlights shall be erected on the land or buildings without

the prior express planning permission of the Local Planning Authority.

153 Radstone Fields, Brackley - S/2016/0069/MAR The Committee considered application S/2016/0069/MAR, a reserved matters application for phase 2 of S/2010/0995/MAO, an urban extension comprising up to 1000 new homes, including highway access arrangements from Halse Road and Radstone Road, local centre including community hall with uses within A1-A5 inclusive (up to 1000 square metres), a site for a new primary school, open space and associated physical infrastructure. (Includes Environmental Statement) at Land at Radstone Fields, Brackley) Matters relating to appearance, access, landscaping, layout and scale for 141 dwellings at Radstone Fields, Brackley for BDW Trading Ltd. In reaching its decision the Committee considered the case officer’s report and presentation, and the written update to the report published on 10 March 2016. Resolved That permission for application S/2016/0069/MAR be granted, subject to the following conditions: Time limits and general implementation conditions 1. The development shall not be carried out otherwise than in complete

accordance with the approved plans

Layout Plans 58591 – 100 Rev B received 16 February 2016 58591 – 101 Rev B received 4 March 2016 58591 – 102 Rev D received 4 March 2016 58591 – 103 Rev D received 4 March 2016 58591 – 104 Rev C received 4 March 2016 ELL-139-BNM-B-800 received 16 February 2016 House Type Plans LHG 58591 – 120 Rev A received 16 February 2016 LHG 58591 – 121 Rev C received 16 February 2016


LHG 58591 – 122 Rev B received 16 February 2016 LHG 58591 – 123 Rev A received 16 February 2016 LHG 58591 – 124 Rev B received 16 February 2016 LHG 58591 – 126 Rev D received 16 February 2016 LHG 58591 - 131 Rev B received 16 February 2016 LHG 58591 – 132 Rev C received 16 February 2016 LHG 58591 – 133 Rev C received 16 February 2016 LHG 58591 – 134 Rev D received 16 February 2016 LHG 58591 – 135 Rev A received 16 February 2016 LHG 58591 – 136 Rev A received 16 February 2016 LHG 58591 – 139 Rev B received 16 February 2016 LHG 58591 – 140 Rev C received 16 February 2016 LHG 58591 – 141 Rev C received 16 February 2016 LHG 58591 – 142 Rev A received 16 February 2016 LHG 58591 – 143 Rev B received 16 February 2016 LHG 58591 – 144 Rev B received 16 February 2016 LHG 58591 – 145 Rev A received 16 February 2016 LHG 58591 - 146 received 16 February 2016 LHG 58591 – 147 Rev A received 16 February 2016 LHG 58591 – 148 Rev A received 16 February 2016 LHG 58591 – 149 Rev B received 16 February 2016 LHG 58591 – 150 Rev B received 16 February 2016 LHG 58591 – 151 Rev B received 16 February 2016 LHG 58591 – 152 Rev C received 16 February 2016 LHG 58591 – 153 Rev D received 16 February 2016 LHG 58591 – 154 Rev B received 16 February 2016 LHG 58591 – 155 Rev B received 16 February 2016 LHG 58591 – 156 Rev C received 16 February 2016 LHG 58591 – 157 Rev D received 16 February 2016 LHG 58591 – 158 Rev B received 16 February 2016 LHG 58591 – 159 Rev D received 16 February 2016 LHG 58591 – 161 Rev A received 16 February 2016 LHG 58591 – 163 Rev C received 16 February 2016 LHG 58591 – 164 Rev A received 16 February 2016 LHG 58591 – 165 Rev A received 16 February 2016 LHG 58591 – 166 Rev B received 16 February 2016 LHG 58591 – 167 Rev B received 16 February 2016 LHG 58591 – 168 Rev B received 16 February 2016 LHG 58591 – 169 Rev B received 16 February 2016 LHG 58591 – 170 Rev A received 16 February 2016 LHG 58591 – 171 Rev B received 16 February 2016 LHG 58591 – 172 Rev A received 16 February 2016 LHG 58591 – 173 Rev A received 16 February 2016 LHG 58591 – 174 Rev B received 16 February 2016 LHG 58591 – 175 Rev A received 16 February 2016 LHG 58591 – 176 Rev B received 16 February 2016 LHG 58591 – 177 Rev B received 16 February 2016 LHG 58591 – 178 Rev A received 16 February 2016 LHG 58591 – 200 Rev A received 16 February 2016 LHG 58591 – 201 Rev B received 16 February 2016


LHG 58591 – 202 Rev A received 16 February 2016 LHG 58591 – 203 Rev B received 16 February 2016 LHG 58591 – 204 Rev B received 16 February 2016 LHG 58591 - 205 received 16 February 2016 LHG 58591 – 206 Rev B received 16 February 2016 LHG 58591 – 207 Rev A received 16 February 2016 LHG 58591 – 208 Rev A received 16 February 2016 LHG 58591 - 209 received 16 February 2016 LHG 58591 – 250 Rev A received 16 February 2016 LHG 58591 – 251 Rev A received 16 February 2016 LHG 58591 – 252 Rev A received 16 February 2016 LHG 58591 – 253 Rev B received 16 February 2016 LHG 58591 – 254 Rev B received 16 February 2016 LHG 58591 – 255 Rev A received 16 February 2016 LHG 58591 – 256 Rev A received 16 February 2016 LHG 58591 - 270 received 16 February 2016 LHG 58591 – 300 Rev A received 16 February 2016 LHG 58591 – 301 Rev A received 16 February 2016 LHG 58591 – 302 Rev A received 16 February 2016 LHG 58591 – 303 Rev A received 16 February 2016 LHG 58591 – 304 Rev A received 16 February 2016 LHG 58591 – 305 Rev A received 16 February 2016 LHG 58591 – 306 Rev A received 16 February 2016 LHG 58591 – 307 Rev A received 16 February 2016 Electricity Sub Station GTC-E-SS-0010_R1-7_1_of_1 Rev A received 16 February 2016 Detailing Drawings DET/PLN/1162/65 received 16 February 2016 DET/PLN/1162/66 Rev B received 16 February 2016 DET/PLN/1162/67 received 16 February 2016 DB-SD07-004 received 16 February 2016 DET/WKDG/1162/SK01/01 Rev B received 16 February 2016 DET/WKDG/1162/SK02/01 Rev B received 16 February 2016 Window Heads Sheet 2 Rev D received 16 February 2016 DET/PLN/1162/41 Rev C received 16 February 2016 DET/PLN/1162/42 Rev A received 16 February 2016 DET/PLN/1162/33 Rev B received 16 February 2016 DET/PLN/1162/64 received 16 February 2016 DET/PLN/1162/32 Rev B received 16 February 2016 DET/PLN/1162/34 Rev C received 16 February 2016 1162-35 Rev B received 16 February 2016 1162/36 Rev B received 16 February 2016. 1162/63 Rev A received 16 February 2016 1162/39 Rev C received 16 February 2016 1162/55 Rev C received 16 February 2016 DET/PLN/1162/52 Rev F received 16 February 2016


DET/PLN/1162/53 Rev C received 16 February 2016 1162/57 Rev B received 16 February 2016 1162/58 Rev D received 16 February 2016 1162/59 Rev B received 16 February 2016 1162/60 Rev E received 16 February 2016 unless a non-material amendment is approved by the Local Planning Authority

under the Town and Country Planning (Development Management Procedure) (England) Order 2015.

2. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or on the completion of the development, whichever is the sooner, and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation.

3. All rooflights shall be conservation grade rooflights that fit flush with the plane of the roof.

4. The roads, cycleways, private drives and footpaths (pavements) of the

development hereby approved shall be constructed with Marshalls conservation kerbing and edging unless otherwise agreed in writing by the Local Planning Authority.

5. The surface material for the parking court that serves dwellings 286 to 288 shall

be surfaced with Marshalls Driveset Tegular (traditional colour) unless otherwise agreed in writing by the Local Planning Authority.

6. The hipped roofs on plots 293 and 294 shall be constructed using hipped

bonnet tiles unless otherwise agreed in writing by the Local Planning Authority 7. On all brick and stone faced dwellings the facing material used below the damp

proof course shall be the same as the facing material used above the damp proof course, unless otherwise agreed in writing by the Local Planning Authority.

Conditions requiring Local Planning Authority written approval or to be complied with by developer before specific construction works take place 8. No development shall take place until the existing hedge on the North West

boundary of the site has been protected in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The barriers shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of development and shall be maintained until all equipment machinery and surplus material has been removed from the site.


9. No development shall take place on site until further details of the design and

the location of the gas and electricity meter boxes have been submitted to and been approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

10. Notwithstanding drawing ELL-139-BNM-B-800 no development shall take place

on site until further details of the proposed finished floor levels have been submitted to and been approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

11. Notwithstanding drawing 58591-102 Rev D no development shall take place on

any dwelling above finished floor level until a schedule of materials and finishes to be used for the external walls, masonry boundary walls and roofs of the dwellings has been submitted to and been approved in writing by the Local Planning Authority. The development shall thereafter be completed in accordance with the approved details.

12. No development on any dwelling above finished floor level shall commence until

further details of the proposed colours of the doors, windows, porches, bay windows and garage doors (where applicable) for each plot have been submitted to and been approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

13. Notwithstanding drawing 58591-102 Rev D no development shall take place on

any dwelling above finished floor level until further details of the proposed boundary treatments for each plot have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be completed in accordance with the approved details.

14. No commencement of any dwelling above finished floor level shall take place

until full details of the proposed design, location and colour of the proposed street lights has been submitted to and been approved by the local planning Authority. The streetlights shall thereafter be implemented in accordance with the approved details and be working prior to the completion of the development.

15. No development shall take place above finished floor level on any dwelling until

a scheme for the management of the hedgerow along the north west boundary of the site and a timetable for the works to be carried out have been submitted to and been approved in writing by the Local Planning Authority. The works shall thereafter be carried out in accordance with the approved details.

16. No development shall commence on any dwelling above finished floor level until

further details of the design of the gates and locks for all rear alleyways have been submitted to and been approved in writing by the Local Planning Authority. The gates and locks shall thereafter be implemented in accordance with the approved details prior to the first occupation of the dwellings to which they relate.


17. Notwithstanding the approved plans no development shall take place above

finished floor level on any dwelling until further details of the design of the window headers on the rear elevations of the dwellings have been submitted to and been approved in writing by the Local Planning Authority. The dwellings shall thereafter be constructed in accordance with the approved details.


finished floor level on any dwelling until further details of the design of the front door for each plot has been submitted to and been approved in writing by the Local Planning Authority. The dwellings shall thereafter be constructed in accordance with the approved details.

19. Notwithstanding drawings DET/PLN/1162/52 Rev F and DET/PLN/1162/53 Rev

C no development shall take place on any dwelling above finished floor level until a layout plan showing the design of the chimney to be used on each plot (where appropriate) has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be completed in accordance with the approved details.

20. The external walls of the dwellings to be faced with natural limestone and

natural ironstone shall be laid, dressed, coursed and pointed in accordance with a sample panel (minimum 1 metre squared in size) which shall be constructed on site to be inspected and approved in writing by the Local Planning Authority before the development hereby permitted takes place.

21. The garages, parking spaces and turning areas shown on the approved plans

shall be constructed/laid out, drained, surfaced and completed in accordance with the approved details before the dwellings which they serve are occupied and shall not thereafter be used for any purpose other than the garaging, parking and turning of private motor vehicles.

22. No development above finished floor level on any dwelling shall take place until

there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping the site which shall include:-



(b) details of the existing trees and hedgerows to be retained as well as those

to be felled, including existing and proposed soil levels at the base of each tree/hedgerow and the minimum distance between the base of the tree and the nearest edge of any excavation,


finished floor level on any dwelling until further details of the following elevations of the dwellings have been submitted to and been approved in writing by the Local Planning Authority. The dwellings shall thereafter be constructed in


accordance with the approved details.

House type - H485 (side elevations)

House type - T310 (front elevation)

House type - Helmsley (front elevation)

House type - Falmouth 1 (side elevation)

House type - 3B AF (side elevation)

24. No development above finished floor level on plots 201 and 223 shall take place until full details (including materials) for window designs (at a scale of 1:10) the window headers, front door surround, porch and chimneys (at a scale of 1:20) for these plots have been submitted to and been approved in writing by the Local Planning Authority. The dwellings shall thereafter be constructed in accordance with the approved details.

25. No development above finished floor level shall take place on plots 234 and 245 until further details of the design and material for the gates to the drive through on these plots has been submitted to and been approved in writing by the Local Planning Authority. The gates shall thereafter be erected in accordance with the approved details prior to the first occupation of the plots.

Conditions to be complied with at all times 26. Notwithstanding the provisions of Class F of Part 1, Schedule 2 of the Town and

Country Planning (General Permitted Development)(England) Order 2015 and its subsequent amendments, no additional hard surface area shall be constructed to the front or side of the dwellings hereby permitted without the prior express planning permission of the Local Planning Authority.

154 Urgent Business (previously agreed with the Chairman) There were no items of urgent business.

155 Exclusion of Press and Public Resolved That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part I, Paragraph 3 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.


156 Former Bronnley Soap Works, Radstone Road, Brackley - S/2016/3018/106BA The Committee considered application S/2015/3018/106BA, an application to vary the S106 Legal Agreement entered into in respect of planning permission S/2013/1263/MAO (Outline planning application for up to 45 residential units, the demolition of existing structures & new access road off Radstone Road) to vary the percentage of affordable housing from 20% to 0% (to replace affordable houses with starter homes) at Former Bronnley Soap Works, Radstone Road, Brackley for Bidwells. In reaching its decision the Committee considered the case officer’s exempt report and presentation. Resolved That permission for application S/2015/3018/106BA be refused for the following reason: 1. The viability appraisal demonstrates that this development can deliver 20%

affordable houses (9 units) whilst also providing a reasonable developer return and therefore the Local Planning Authority is not satisfied that the proposed amendment to the S106 agreement will provide an appropriate level and type of affordable housing, contrary to Policy H2 of the adopted West Northamptonshire Joint Core Strategy and the Council’s Supplementary Planning Document entitled Developer Contributions (December 2010).

The meeting closed at 5.51 pm

Chairman:

Date:

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