GLOUCESTER CITY COUNCIL

COMMITTEE : PLANNING

DATE : 7TH APRIL 2009

ADDRESS/LOCATION : BRITISH ENERGY, BARNETT WAY.

APPLICATION NO. & WARD : 08/01638/FUL BARNWOOD

EXPIRY DATE : 13TH APRIL 2009

APPLICANT : PERSIMMON HOMES SOUTH MIDLANDS AND BRITISH ENERGY.

PROPOSAL : RESIDENTIAL DEVELOPMENT OF 90 UNITS WITH ASSOCIATED PUBLIC OPEN SPACE, PARKING AND LANDSCAPING TOGETHER WITH THE FORMATION OF A NEW VEHICULAR ACCESS OFF BARNWOOD ROAD AND ADDITIONAL PARKING FACILITIES ASSOCIATED WITH NO. 203 BARNWOOD ROAD. AMENDED SCHEME INCORPORATING REPLAN / HOUSE TYPE SUBSTITUTIONS ON PLOTS 9 TO 24, 44 TO 57, 75 TO 78 AND 80 TO 86 INC. APPROVED UNDER REF. 06/00682/FUL.

REPORT BY : CAROLINE TOWNLEY

NO. OF APPENDICES/ : 1. SITE LOCATION PLAN OBJECTIONS 2. 9 LETTERS OF REPRESENTATION 3. COMMITTEE REPORT DATED 5TH SEPTEMBER 2006

1.0 SITE DESCRIPTION AND PROPOSAL

1.1 The application site measures approximately 2.7 hectares in area and lies to the east of the British Energy Offices, between the bowling green, social club and conference centre and the established residential area accessed from Insley Gardens and Chosen Way. The BICC computer centre is adjacent to the northern boundary beyond which is the Barnwood Fields Business Park. To the south the site fronts onto Barnwood Road adjacent to the Emmaus building and Barnwood Builders.

1.2 The site was previously owned by British Energy and used as a recreation area for the benefit of its employees.

PT07049A 1.3 work has recently started site under the previous planning permission ref. 06/00682/FUL with the access off Barnwood Road nearing completion.

1.4 The current application proposes a number of plot substitutions incorporating a change in the mix of units from the approved scheme. The application still relates to the construction of 90 dwellings of 2, 2½ and 3 storey buildings but incorporates a number of new 2 storey houses, the omission of a number of flats and repositioning of previously approved house types. The main changes can be summarised as:

Plots 9 to 24 inclusive The approved three storey 1 and 2 bed apartment blocks are proposed to be replaced by two storey 1 bed houses set in two blocks with 8 units in each. The units would have communal gardens and parking.

Plots 44-57 and 75-78 inclusive Plots 44-45 remain as approved but have been slightly re-positioned to enable plots 46-57 to be substituted with a series of two storey 2 and 3 bedroom terrace and semi-detached properties. Overall the number of 2½ storey properties along the boundary with existing houses in Kingstone Avenue has been reduced.

Plots 77 and 78 involve a substitution of a detached 4 bedroom house to a pair of 3 bed semi-detached houses. Plots 75 and 76 are re-positioned slightly to accommodate this change.

Plots 80-86 inclusive The units have been reconfigured reducing the number of 2½ storey units with the introduction of an increased number of two storey detached houses.

1.5 The overall allocation, mix, type and general positioning of the affordable housing remains as approved under planning permission 06/00682/FUL. The mix of house types proposed under the current application is:

 16 one bed terrace houses  4 one bed flats  6 two bed apartments  19 two bed houses  33 three bedroom houses  9 four bed houses  3 five bed houses

1.6 It is proposed that vehicular access would be gained from a single point of access from Barnwood Road. The proposed development is centred on the principle of a Home Zone with houses fronting onto the internal road, which follows a loop pattern in the northern part of the site.

PT07049A 1.7 The proposal also includes an area of public open space fronting onto Barnwood Road incorporating a Multi Use Games Area (MUGA), Locally Equipped Area of Play (LEAP) and retention of the existing tennis courts within the area identified for public open space. The area of POS measures 0.915 hectares in area.

1.8 The Applicants have confirmed that the provisions within the original Section 106 Agreement can remain the same and they are happy to enter into a deed of variation to the existing Agreement which includes:

 Affordable housing – 35% of the housing units on site will be affordable with the same mix and tenure of units as previously approved.

 Public Open Space – the provision of 0.915 hectares of on site public open space to include the provision of a Local Equipped Area of Play (LEAP), Multi Use Games Area (MUGA) and existing tennis court.

 Sport & Recreation - A £150,000 financial contribution towards off-site sports provision within the city to compensate for the loss of the designated private playing field (golf course).

 Transport – A financial contribution of £30,000 towards public transport improvements – real time bus information on adjoining Barnwood Road bus stops.

 Education – The sum of £5,124 as a contribution towards a School Travel Plan.

 Libraries – A sum of £9,450 as a contribution towards Hucclecote Library.

 Bicycle Provision – A voucher of £150 towards the purchase of a bicycle to be provided to the first occupier of each dwelling to be sold on the open market.

2.0 RELEVANT PLANNING HISTORY

2.1 01/00069/FUL Erection of 3 and 4 storey office building, with central atrium of 5 storeys, associated roads, car parking and landscaping. Although this application excluded the current application site the application was originally accompanied by various masterplans and a planning framework plan, which included the current application site. These masterplans did not however, form part of the application. Committee considered this application on 1st May 2001 when it was resolved to grant planning permission subject to the satisfactory completion of a Section 106 Agreement. The legal agreement has never been signed and no permission has therefore been issued.

2.2 06/00682/FUL - Residential development of 90 units comprising 63 no. Dwelling houses and 27 no. flats with associated public open space, parking and landscaping together with the formation of a new vehicular access off Barnwood road and additional parking facilities associated with no. 203

PT07049A Barnwood road. The Planning Committee considered the application on 5th September 2006 when it was resolved to give delegated powers to the Development Control Manager to grant planning permission on the completion of a satisfactory legal agreement and a number of conditions. The Legal Agreement was subsequently signed and planning permission issued on 24th January 2008.

3.0 PLANNING POLICIES

3.1 The following national guidance is relevant:

PPS1 (Delivering Sustainable Development 2005) PPS3 (Housing 2006) PPG13 (Transport 2001) PPG16 (Archaeology and Planning1990) PPG17 (Planning for Open Space, Sport and Recreation 2002) PPG24 (Planning and Noise)

3.2 The following policies from the Second Deposit City of Gloucester Local Plan (2002) are relevant:

Policy TR.29 (Home Zones in New Residential Areas Policy TR.31 (Road Safety) Policy TR35 (Provision of Bicycles with New Residential Development) Policy BE.21 (Safeguarding of Amenity) Policy H.4 (Housing Proposals on Unallocated Sites) Policy H.7 (Housing Density and Layout) Policy H.8 (Housing Mix) Policies H15 & 16 (Affordable Housing) Policy H18 (Lifetime Homes) Policy E.4 (Protecting Employment Land) Policy OS.2 (Public Open Space) Policy OS3 (New Housing and Public Open Space) Policy OS4 (Design of Public Open Space) Policy CS.11 (Developer Contributions for Education)

3.3 The Deposit local plan (2002) only shows a site designation of Private Playing Field (PPF) on the pitch and putt golf course. The 'mixed use' allocation was removed from the plan at the Second deposit stage. The site can therefore be considered to be a brownfield site, which forms part of the curtilage of a major office (B1) complex. Whilst in the grounds of the employment site it is not allocated for any future use. The emerging LDF does not allocate the site but the proposal map again shows its designation as a private playing field.

3.4 All policies can be viewed at the relevant website address:- Gloucester Local Plan policies – www.gloucester.gov.uk/planning; Gloucestershire Structure Plan policies – www.gloucestershire.gov.uk/index.cfm?articleid=2112 and Department of Community and planning policies - www.communities.gov.uk/planningandbuilding/planning/.

PT07049A 4.0 CONSULTATIONS

External

4.1 Severn Trent Water – No objection subject to conditions.

4.2 Gloucestershire County Council – No highway objection is raised subject to conditions.

4.3 Gloucestershire County Council – The School Travel Plan and Library contributions for this site were secured in a section 106 agreement dated 24th January 2008 for planning application 06/00682/FUL. Payment of these contributions was received on 17th March 2008.

I have looked at the plans submitted for the revised scheme which is now 64 houses with 2 or more bedrooms and 26 flats / 1 bed houses. The previous scheme was for 63 houses and 27 flats. Flats and 1 bed houses are excluded from Education contributions as they produce minimal pupil numbers. The amended scheme now has 1 additional house.

The Library and STP contributions for 1 additional dwelling is minimal and therefore I confirm that we do not require any further contributions from this site.

Requested confirmation that the planning consent for this application will be linked to the previous consent (06/00682/FUL).

4.4 Sport England – No comments to make as the loss of sports facilities was decided on a previous application that we were not consulted upon. (Sport England was actually notified of the previous application on 28th June 2006 but no comments were received).

4.5 Crime Prevention Design Officer – The addition of a ground floor window to plot 49 would certainly help with surveillance of the small parking courtyard between plots 49 and 50. Further surveillance could be achieved by using ‘hit and miss’ fencing to the rear gardens of plots 49 and 50 as opposed to close board type. With regards to the security of properties in Kingstone Avenue, the boundary treatment at this point should be a minimum of 1.8m at this point but preferably higher is possible. The boundary at this point could also be protected with the use of defensive planting – softening the effect of the fencing, preventing climbing and ball games being played against it. The close proximity of existing trees should also be considered ensuring these do not provide climbing opportunities over the fence.

With regards to the remaining plots they seem to be ok. The parking court at the rear of plots 13-16 appears quite large but does seem to be well overlooked.

PT07049A Internal

4.6 Environmental Health – Recommend that conditions 30, 31 and 32 on planning permission ref. 06/00682/FUL be applied to the current application.

4.7 Urban Design Officer (comments on amended plots) – Units 9-16 and the rear parking area could be an issue. While the building itself creates good definition along the road, the parking area to the rear is quite secluded. Direct overlooking will have to be provided into this space from these units and units 17 and 21. Manual for Streets encourages on-street parking before any other type and this could have been achieved here, by pushing the building back and placing parking to the front. The parking area adjacent to plots 49 and 50 is also concerning – recommend that windows are provided overlooking into this area.

4.8 Heritage Service Manager – The same archaeological provisions need to be maintained from the original consent. An appropriately worded condition should be sufficient to secure the level of investigation and mitigation of impact that the proposal warrants. I can, on request, provide a design brief detailing the methodology of the historic environment programme and can also provide information on professionally accredited archaeological contractors who may be available to carry out the works.

5.0 PUBLICITY AND REPRESENTATIONS

5.1 The application has been publicised through a press notice and the display of a site notice. In addition 180 neighbouring properties, including all those who made representations to the previous application on the site, were notified by letter. Ward Councillors together with the Chair and Vice Chair of Planning Committee were also notified.

5.2 As a result of this publicity 7 letters of representation have been received. The main issues raised can be summarised as:

 The NE corner of the development backs on to my garden where the ground is quite a lot higher than mine. 3 storey flats (plots 35-43) are now shown to have windows in the roof area, overlooking the top of 2 storey plots 44-49 and garage 50 right into back of my house (back bedroom and bathroom).  Area between plots 49 & 50 could become a dumping ground for bins / rubbish & could be a quiet corner for people to gather creating noise & rubbish.  Concerned layout will make existing properties more vulnerable. Previous plans a 2-leaf gate between plots 52 & 54 (now plots 49 & 50) gave some security. Also had a flat above garages in this area. Security situation for Kingstone Avenue appears worse should anyone choose to short cut or to make a quick get-away.  Developers said they would replace the evergreen trees around this corner as the original ones had been cut down apparently in error. This would

PT07049A give some level of security to deter intruders. If they are not to be replaced could laurel hedge be extended by the three gardens?  Concerned that hedge will be trimmed during the nesting season and disturb nesting birds.  There are already a large number of units being built by Persimmon on a nearby if not adjacent site.  Barnwood Road is already very busy and sometimes fast. Walls roundabout is a nightmare to access.  Impact on Barnwood Road, which already overloaded between about 7.45 - 9.15 and 5.00 - 6.30 weekdays and 10.00 – 12.00 on Saturdays. Traffic lights just down from a major junction already controlled by lights will compound the problem. An additional 90 dwellings will result in another 150 cars in the area.  Foresee traffic blocking back to obstruct North Upton Lane / Insley Gardens Junctions.  Why can there not be access and exit onto Barnett Way or in that vicinity thereby reducing the already overcrowded traffic on Barnwood Road?  Adding take-away food places will bring more traffic (and noise) into area later in the evening and litter. Will degrade the area and reduce property prices.  Lots of old people in the area with a large Day Centre and extra traffic would create a danger.

5.3 In addition letters have also been received from Emmaus Gloucestershire and Barnwood Construction whose premises are both adjacent to the application site on Barnwood Road raising the following issues:

Emmaus Gloucestershire – No objections to proposed scheme and are of the opinion that it will help make a marked improvement to the area. Access and circulation to our property is severely restricted and result in vehicles having to reverse onto Barnwood Road. The area of land adjacent to our property will be transferred to the City Council on completion of the development. Would the Council consider donating a small area of the land to the charity to help resolve these difficulties?

Barnwood Construction – Concerned that the new traffic island in the centre of Barnwood Road opposite our premises will present large vehicles great difficulties leaving our premises and turning east (towards the traffic light junction with North Upton Lane). We were not aware of the construction of this island until work commenced. Request consideration is given to relocating this island ensuring that large vehicles can leave our entrance without difficulty and in one operation, avoiding delays that will be cause by vehicles having to stop and reverse to alter their angle then continue to leave our premises. It is also noted that the new junction will be traffic light controlled – will they work in conjunction to those at North Upton Lane or will they be independent? Concerned that delay will be caused to the traffic in Barnwood Road by the large vehicles entering and leaving our premises unless these new lights are co-ordinated with those at the North Upton Lane junction.

PT07049A 5.4 The full content of all correspondence on this application can be inspected at the 4th floor reception, Herbert Warehouse, The Docks, Gloucester, prior to the Committee meeting.

6.0 OFFICER OPINION

6.1 It is considered that the main issues with regards to this application are as follows:-

 Economic Development  Urban Design and Community Safety  Traffic and Transport  Residential Amenity  Sustainability  Ecology  Trees and Soft Landscaping

Economic Development

6.2 The proposal will generate short-term employment opportunities in the construction and related industries.

Urban Design and Community Safety

6.3 The proposed layout follows the principles of a ‘home zone’ standard with the provision of the landscaped public open space providing an attractive frontage to Barnwood Road and setting for the new residential development. The general form and road layout remains as approved but incorporates a number of house type substitutions and slight re-positioning of units on 41 plots to reflect the current market conditions.

6.4 Advice has been sought from the Crime Prevention Design Officer (CPDO) particularly for the area of car parking between plots, 49 and 50, which is of particular concern to existing residents in Kingstone Avenue. This area previously included a ‘flat above garages’ in the approved scheme. The Applicants have amended the plans to incorporate all of the CPDO’s suggestions with the insertion of ground floor windows in the side elevations of both plots 49 and 50 and the use of ‘hit and miss’ fencing to the side of rear gardens to provide surveillance of the parking area. The landscaping scheme has also been amended to incorporate defensive planting along the back of the fence to the satisfaction of the Landscape Officer.

Traffic and Transport

6.5 The Transport Assessment was originally submitted in support of the previous application and dealt with the trip generation and distribution of traffic by the proposed development and the capacity of the surrounding public highway to safely accommodate this traffic. This assessment also considered the general accessibility of the site by all modes of travel. The Transport Assessment was fully considered by the Traffic and Transport Manager as part of the previous

PT07049A application and his detailed comments are included in the appended report. The access arrangements off Barnwood Road have not changed from the approved scheme and the Highway Authority raises no objection to the current application subject to conditions.

Residential Amenity

6.6 A large proportion of the amended plots relate to those on the eastern boundary with existing residential properties in Langton Close, Credon Road and Kingstone Avenue. The minimum distance from the rear of the proposed houses to the rear boundary with existing properties is now 11.5 metres with a minimum distance of 28.5 metres between the rear elevation of proposed and existing houses. The exceptions relate to the proposed Sandringham house types on plots 84 and 86. On plot 84 there is a 9.0 metre distance from the rear projection to the side boundary with No. 24 Langton Close with approximately 8.75 metres from plot 86 to the boundary to the front of plots 23 and 24 Langton Close. This house type does not however, have any first floor windows in this rear projection.

6.7 The proposed 3 storey houses on plots 60, 61, 62 and 79 remain 19 metres from the boundary with the rear of houses in Kingstone Avenue.

6.8 Overall the number of 2½ storey houses has reduced along the eastern boundary from 12 to 5.

6.9 The existing Laurel hedge along part of the eastern boundary provides a significant level of natural screening to some of the properties in Kingstone Avenue. As with the previous application it is intended that this hedgerow will be retained and it has recently been pruned in consultation with the Council’s Landscape Architect.

6.10 The owners of 47 Kingstone Avenue have raised specific concerns about overlooking of the back of their property particularly into the back bedroom and bathroom from third floor windows in the flats (plots 35-43). The approved layout also included windows in the side elevation of the flats. In terms of the relationship to properties in Kingstone Avenue there is a distance of approximately 57.5 metres from the closest windows to the rear garden boundary of the existing houses. In addition the proposed houses on plots 44- 45 are also 3 storey in height and will obscure any direct overlooking towards existing properties. Both the houses and flats are approximately 11.4 metres in height. The top of the second floor window to the flats is 7.9 metres. Plots 46-49 are now proposed to be 2 storey in height whereas in the approved scheme plots 46-50 were all 3 storey. Given the distances involved, intervening houses together with the previously approved scheme I consider this relationship to be acceptable.

6.11 Overall the distances between proposed and existing properties along the eastern boundary have remained the same or marginally increased and the number of 2½ storey properties has been reduced. It is therefore considered

PT07049A that the relationships between the proposed and existing properties are acceptable.

Sustainability

6.12 It was agreed during negotiations for the previous application that an assessment of the EcoHome ratings for the standard house types proposed would be undertaken and upgraded by one level. For example, if the assessment of EcoHome ratings concludes that the house type achieves a rating of Good, it would be upgraded to Very Good for this development. This requirement was controlled by condition.

6.13 A report was submitted indicating that at the time the standard house types would achieve an estimated EcoHomes ‘Pass’. The standard specification was reviewed to upgrade the rating to EcoHomes ‘Good’ and the condition was subsequently discharged. In addition Persimmon also undertook to provide water butts for each house together with a rotary clothes dryer together with 75% low energy light bulbs. On this basis the first part of the condition was discharged.

6.14 The current application also indicates that a water butt and rotary dryer are to be provided for all the houses with private gardens together with the use of the 75% low energy light bulbs. I am awaiting confirmation of the EcoHome status.

Ecology

6.15 The application was originally supported by an ecological report, which concluded that there is no evidence of the presence of any protected species on the site. The information included an ecological management plan which recommended a number of measures for the creation and future management of habitats that can be incorporated into the development to ensure that habitats and species of nature conservation interest are safeguarded and enhanced where appropriate and opportunities are created to encourage species currently absent form the site to colonise. Such measures include the conservation of foraging resources, nesting habitat, creation of new habitats, together with the provision of bat boxes, bird boxes and appropriate management regimes of grassland. The applicants will also create a range of habitats within the show home garden to demonstrate to potential residents easy measures to attract wildlife to their garden.

6.16 The strategies set out in the management plan are considered acceptable and can be controlled by condition.

Trees and Soft Landscaping

6.17 A number of the trees within the site are protected by a Tree Preservation Order and all have appropriate protection measures in place, which need to be retained for the duration of the building works. All works that have been recently undertaken to the trees have been agreed with the Council’s Tree

PT07049A Officer. A detailed landscaping plan has been submitted with the application, which includes the proposed defensive planting to the rear of plots 49 and 50 and is acceptable to the Landscape Architect.

6.18 The Laurel hedge has now been trimmed back to approximately 2 metres off the boundary fence on a slight ‘A’ shape to encourage rapid development of side shoots and dormant buds. The top of the hedge has been reduced by approximately 3 metres to a height of 8 metres. Protecting fencing has been erected to protect the Laurel trunks for the duration of the building works.

6.19 The works to the hedge have not yet been completed due to the presence of a nesting pigeon with 5 metres either side of the nest having been left undisturbed. The works will be completed at the end of the nesting season.

7.0 CONCLUSION/REASON FOR APPROVAL

7.1 In terms of the relationship of the proposed houses to existing residents, it is recognised that any development along the eastern boundary of the site will have some degree of impact on the current amenity enjoyed by existing residents. However, overall I consider that the current layout will marginally improve the relationship to existing houses compared to the approved scheme, with an overall reduction in the number of 2½ storey houses along the eastern boundary. The design, layout and relationship to existing houses are therefore considered acceptable.

7.2 Whilst a number of neighbours have raised concerns relating to the location of the new vehicular access serving the site from Barnwood Road the detail of the access is unchanged to the approved scheme.

7.3 Overall subject to the completion of a Deed of Variation to the Section 106 agreement it is recommend that planning permission be granted subject to a number of conditions.

Reason for Approval

The application is an amended scheme to that approved under planning permission ref. 06/00682/FUL dated 24th January 2008. The proposed residential development and revised layout have been carefully considered and in principle accords with Central Government Guidance contained in PPS1 (Delivering Sustainable Development), PPS3 (Housing), PPG13 (Transport) and Local Plan Policy. The development will utilise an existing brownfield site that is accessible by a range of transport modes and is acceptable in terms of highway safety and impact on the local highway network. The design and layout respect the adjoining land uses and residential development. Subject to the completion of a Deed of Variation to ensure the provisions of the Section 106 legal agreement attached to planning permission ref. 06/00682/FUL can be applied and with appropriate conditions, the scheme is considered acceptable. As such it complies with Policies H4 and SR2 of the Second Stage Deposit Local Plan (2002) and Central

PT07049A Government Guidance contained in PPS1 (Delivering Sustainable Development), PPS3 (Housing) and PPG13 (Transport).

8.0 RECOMMENDATIONS OF THE DEVELOPMENT CONTROL MANAGER

8.1 That delegated powers be given to the Development Services Group Manager to grant planning permission on completion of the Deed of Variation to the previous Section 106 Agreement and subject to the following conditions.

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

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Standard Conditions 2. PA09 (amended plans) 3. 8F15 (restriction on hours during construction) 4. 8F18 (No burning of materials / substances during construction phase)

Condition 5 The external facing materials to be used in the development hereby permitted shall be in accordance with the ‘External Materials Schedule Revision C’ dated 16th December 2008 unless alternative materials are submitted to and agreed in writing by the Local Planning Authority.

Reason To ensure the satisfactory appearance of the development in accordance with policy BE.20 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 6 The landscaping scheme [as shown on the approved plan [No ……] shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The planting shall be maintained for a period of 5 years. During this time any trees, shrubs or other plants which are removed, die, or are seriously retarded shall be replaced during the next planting season with others of similar size and species unless the local planning authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year maintenance period.

Reason To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment in accordance with policies BE4 and BE.12 of the Second Deposit City of Gloucester Local Plan (2002).

PT07049A Condition 7 Notwithstanding the details submitted no development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before in accordance with a timetable to be agreed in writing with the local planning authority. Development shall be carried out in accordance with the approved details.

Reason In the interests of visual amenity and to ensure dwellings have satisfactory privacy in accordance with policies BE.21 and BE.4 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 8 The proposed works to existing Laurel hedgerow along the eastern boundary shall be completed in accordance with the details set out in the AJ Engley Arboricultural Method Statement (dated Feb 2008, rev B) at the end of the nesting season. The hedgerow shall be protected during the construction period in accordance with the details set out the approved statement. The remaining hedgerow shall not be wilfully damaged, destroyed, uprooted, felled, lopped and/or topped without the prior written consent of the Local Planning Authority. Any part(s) of the hedgerow removed without such consent or dying, being severely damaged or becoming seriously diseased shall be replaced with hedging of size and species as is agreed in writing by the Local Planning Authority. Any hedging plants that fail more than once shall continue to be replaced.

Reason To safeguard the amenities of the area and the residential amenities of neighbouring residential properties in accordance with Policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fences, gates or walls shall be erected to the front of plots 1-3 and 88-90 (inclusive) other than those expressly authorised by this permission.

Reason In the interests of visual amenity in accordance with Policy BE.12 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed in the rear elevations of properties on plots 50-62 and 79-88 inclusive.

PT07049A Reason In order to protect the residential amenity of adjacent properties in accordance with Policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 11 None of the existing trees and/or hedgerows on the site (other than those specifically shown to be removed on the approved drawings) shall be removed, destroyed, felled, lopped or pruned without the prior consent of the Local Planning Authority.

Reason In order to preserve the character and amenity of the area in accordance with Policies B.10 and BE.4 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 12 No development shall be commenced on the site or machinery or material brought onto the site for the purpose of development until the adequate measures to protect trees and hedgerows as detailed in the ’Method Statement for Construction Work Below Trees to be Retained’ detailed on the approved plan have been fully implemented. Such fencing together with the Tree Protection Zone shall be maintained during the course of the development.

Reason To ensure adequate protection to existing trees, which are to be, retained, in the interests of the character and amenities of the area in accordance with policies B.10 and BE.4 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 13 Notwithstanding the details submitted no development shall take place until full details of the provision of adequate refuse and recycling facilities for plots 9-24 inclusive have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be provided before the occupation of any of these plots.

Reason In the interests of amenity in accordance with Policy BE.4 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 14 The proposed refuse and recycling storage facilities for plots 35-43 inclusive indicated on the approved drawings shall be provided before the occupation of any of the apartments, unless an alternative scheme is submitted to and approved in writing by the Local Planning Authority.

Reason In the interests of amenity in accordance with Policy BE.4 of the Second Deposit City of Gloucester Local Plan (2002).

PT07049A Condition 15 The recommendations set out in the Ecological Management Plan prepared by Hunter Page Planning (ref. 4096.EcoMgtPlan.vf), dated August 2006, shall be implemented in full in accordance with the timescale detailed at Section 6.0 of the report.

Reason To maintain and enhance the ecological interest on the site in accordance with Policy B.8 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 16 A 3-metre high noise barrier shall be constructed around the air conditioning plant at the rear of the British Energy conference room. The inner face shall be lined with sound absorbent material.

Reason To safeguard the amenity of occupiers of the proposed residential properties in accordance with Policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 17 Windows with a specification capable of providing a minimum sound reduction of 24 dBRw shall be fitted to all habitable windows in plots 17-24 inclusive. All habitable rooms in plots 21-24 inclusive with windows facing the air conditioning plant shall be fitted with passive acoustic ventilators.

Reason To safeguard the amenity of occupiers of the proposed residential properties in accordance with Policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 18 Windows in all habitable rooms in flats at block 37-45 inclusive shall be capable of providing a minimum sound reduction of 21Rw.

Reason To safeguard the amenity of occupiers of the proposed residential properties in accordance with Policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 19 No development shall take place until full details of the proposed security measures to the gated access between plots 78 and 79 to allow access for the maintenance of the sewer have been submitted to and approved in writing by the Local Planning Authority. The approved measures shall be fully implemented before the occupation of plots 50-62 (inclusive) or plot 79 and 80.

PT07049A Reason In the interests of protecting the residential amenity and security of the occupiers at plots 78 and 79 in accordance with Policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 20 No development shall commence until such time as a phasing programme for highway works has been submitted to and approved by the Local Planning Authority.

Reason To ensure adequate access is provided in the interests of highway safety in accordance with Policy TR.31 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 21 No other works shall commence on the development hereby approved until the first 30.0m of the access road from the existing county highway has been laid out in accordance with the submitted plans and constructed to at least basecourse level.

Reason In the interests of highway safety in accordance with Policy TR.31 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 22 No siteworks shall commence until such time as a temporary car parking area for site operatives and construction traffic has been laid out and constructed within the site in accordance with details to be submitted to and agreed in writing with the Local Planning Authority and that area shall be retained available for that purpose for the duration of building operations.

Reason To ensure that the access roads in the vicinity of the site are kept free from construction traffic in the interests of highway safety in accordance with Policy TR.31 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 23 Prior to the commencement of any site construction works vehicle wheel cleaning facilities shall be provided on site in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter be maintained for the duration of the siteworks.

Reason To ensure that mud and earth deposits are not brought onto the public highway in the interests of highway safety in accordance with Policy TR.31 of the Second Deposit City of Gloucester Local Plan (2002).

PT07049A Condition 24 No site development shall commence until full engineering details of a pedestrian/cycleway link have been provided between the site and Barnett Way with full details submitted to and approved by the Local Planning Authority following consultation with the Local Highway Authority and no dwelling shall be occupied until the scheme as approved is fully operational.

Reason To ensure that adequate pedestrian and cycleway facilities are provided in line with the Governments declared aims towards sustainable development in accordance with Policy TR.33 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 25 No development shall take place within the proposed development site until the applicant, or their agents or successors in title, has secured the implementation of a programme of historic environment work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. The programme will provide for archaeological monitoring and recording (a ‘watching brief’) during ground works related to the development proposal, with the provision for appropriate archiving and public dissemination of the findings.

Reason The proposed development site includes significant elements of the historic environment. If present and revealed by development works, the Council requires that these elements will be recorded during development and their record made publicly available. This accords with Policy BNE.9 of the Second Deposit City of Gloucester Local Plan (2002) and the Interim Adoption SPD of Gloucester City Council’s ‘Development Affecting Sites of Historic Environment (Archaeological) Interest (2008).

Condition 26 Fire hydrants served by mains water supply shall be provided prior to any dwellings being occupied to the satisfaction of the Gloucestershire Fire and Rescue. The developer will incur the full cost of the hydrants and their installation.

Reason In the interests of community safety.

Condition 27 Development shall not begin until drainage details, incorporating sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, have been submitted to and approved in writing by the Local Planning Authority, and the scheme shall subsequently be implemented in accordance with the approved details before the development is completed / occupied.

PT07049A Reason To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution in accordance with Policy FRP.6 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 28 There is a public sewer, which crosses the site. No buildings shall be erected or trees planted within 5.0 (450 CWS) metres either side of these sewers. The applicant may wish to apply to Severn Trent Water to divert the sewer in accordance with Section 185 of the Water Industry Act 1991.

Reason To maintain essential access for maintenance, repair, renewal, and to protect the structural integrity of the pubic sewerage system in accordance with Policy FRP.6 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 29 The development hereby permitted shall not commence until a full assessment of the Ecohomes ratings for the standard house types proposed has been undertaken and details of the proposed upgrading have been submitted to and approved in writing by the Local Planning Authority. The agreed Ecohomes rating for each unit type shall be implemented in accordance with the approved details.

Reason In the interests of providing an energy efficient development in accordance with Policy B.8 of the Second Deposit City of Gloucester Local Plan (2002).

NOTE 1: The proposed development will involve works on the highway and the developer is required to obtain the permission of Gloucestershire Highways on 08000 514 514 before commencing those works.

NOTE 2: The proposed development shall be laid out and constructed strictly in accordance with the Gloucestershire County Council's 'Local Guidance and Standards' as contained in their document entitled 'Highway Requirements for Development' Issue No. 2. Copies of this document may be obtained by telephoning 01452-425559.

NOTE 3: The Local Highway Authority will require the developer to enter into a legally binding agreement under sc 38 of the to secure the proper implementation of the proposed internal estate roads including an appropriate bond.

NOTE 4: The Local Highway Authority will require the developer to enter into a legally binding highway works agreement to secure the proper implementation of the proposed works on the existing public highway including an appropriate bond.

PT07049A NOTE 5: The Local Highway Authority will require the developer to enter into a legally binding agreement to a contribution towards bus services and facilities including an appropriate bond.

Decision: ......

Notes: ......

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Person to contact: Caroline Townley (Tel: 396780.)

PT07049A