Description of Proposal and Application Site

PLANNING COMMITTEE REPORTApplication Number 2017/0214/OUT Date Received 21st March 2017 Date of Expiry 20th June 2017 Case Officer Kevin Savage Ward Oakham Ward Councillor Councillor Kevin Brown Committee Date 5th June 2017Site Address: Land Rear Of 28 High Oakham Hill Nottinghamshire NG18 5AH Proposal: OUTLINE APPLICATION WITH SOME MATTERS RESERVED FOR 39NO. RESIDENTIAL DWELLINGS (INCLUDING THE RESERVED MATTERS OF ACCESS AND LAYOUT) AND DEMOLITION OF NO. 28 HIGH OAKHAM HILL -RESUBMISSION OF PLANNING APPLICATION REFERENCE: 2016/0017/ST Applicant: Mr C Chadwick & Mr J Plant RECOMMENDATION - GRANT OUTLINE PLANNING PERMISSION WITH CONDITIONSDESCRIPTION OF PROPOSAL AND APPLICATION SITEThis application has been referred to Planning Applications Committee as it is a major application. The application site is approximately 2.26 hectares in size and comprises land to the rear of High Oakham Hill, Mansfield. The site is positioned to the west of existing dwellings that address High Oakham Hill and comprises a single field and the existing property of 28 High Oakham Hill. The site slopes gradually to the west / north-west. The site lies outside the defined Urban Boundary but is bounded to the east by existing properties with the boundary comprising mature hedgerows and trees. The boundaries to the north, south and west are defined by mature hedgerows and tree planting. Cauldwell Brook lies to the western boundary with fishing lakes beyond. Bleak Hills Lane abuts the northern boundary of the site and is a defined Bridleway which leads on to the Timberland Trail. This is an application for outline planning permission, including the reserved matters of access and layout, for a maximum of 39 no. dwellings. It is proposed to access the site directly from High Oakham Hill from a priority junction that would feature a right turn lane in to the site and pedestrian refuges to each side. The applicant has provided a layout that demonstrates how the site would be developed, having regard to the context of the surrounding area and site topography whilst providing strong street frontages throughout the development and areas of informal amenity space and landscaping.A similar application for residential development on the site was refused by the Planning Applications Committee in December 2016.RELEVANT SITE HISTORY Application Ref: 2016/017/ST Address: Land Rear Of High Oakham Hill, Mansfield, Nottinghamshire NG18 5AH Proposal: OUTLINE APPLICATION WITH SOME MATTERS RESERVED FOR 39NO. RESIDENTIAL DWELLINGS (INCLUDING THE RESERVED MATTERS OF ACCESS AND LAYOUT) AND DEMOLITION OF NO. 28 HIGH OAKHAM HILL Decision: Refuse Outline Planning Permission Decision Date: 15/12/2016OBSERVATIONS RECEIVEDThroughout this report observations received in respect of each application are presented in summary form. The full letters and consultation responses received, including details of any non-material planning observations, are available for inspection both prior to and at the meeting.Anyone wishing to make further comments in relation to the application must ensure these are received by the Council by 12 noon on the last working day before the date of the Committee.Statutory, Internal and Other ConsulteesNottinghamshire County Council – Planning PolicyMitigation recommended for grass snakes comprising fencing off the western part of the site and employing a Precautionary Method of Working. Surveys should be undertaken for White Clawed Crayfish. A Construction Environmental Management Plan should be conditioned to ensure fencing is put in place on the western side of the site and run-off from the development is controlled. The proposed layout has been amended in response to comments previously made. The buffer of open space is now present up the western side of the site, separating the built development from the Cauldwell Brook LWS is welcomed. Ongoing management of this area will be required to improve the habitat quality and maximize the value of the on-site mitigation, and a condition should require the provision and implementation of a Landscape Management Plan relating to this area.In addition, to mitigate for the removal of sections of the eastern hedgerow, the remaining hedgerow section should be gapped-up. A detailed landscaping scheme should be submitted to include species mixes and establishment methods. Improvements to nearby bus stops and highway infrastructure are recommended.Nottinghamshire County Council – Highway AuthorityThe proposals have been the subject of lengthy discussions between the Highway Authority and the applicant during the course of the previous application. The Highway Authority has considered all available information such as safety audits, reportable accident data, highway capacity and geometry. Although the stagger distance does not accord with current DMRB standards, the Highway Authority’s engineers have confirmed that there is a suitable engineering solution, and this has been confirmed through the Highway Authority’s own safety audit. The additional traffic generated by the development would not be categorised as severe. Conditions are recommended should permission be granted. Environmental Health ManagerNo objection raised. Natural EnglandNo objection raised.Nottinghamshire County Council – Strategic PlanningThe County Council require an Education contribution of £91,640 (8 x £11,455) to provide primary provision and £103,560 (6 x £17,260) to provide secondary provision to accommodate the additional pupils projected to arise from the proposed development.Nottinghamshire County Council – Lead Local Flood AuthorityNo objections raised.Severn Trent WaterNo objection raised.Parks Development Manager The developer will be required to provide a capital contribution of £1,100 per dwelling. £27,600 of the total would be used for improvements to the Oakham Local Nature Reserve which would include; Entrance/access improvements into the Local Nature Reserve.  Improve access in relation to the sleeper steps and adjacent slope on this site.  Improve footpath links throughout the Local Nature Reserve  Improve interpretation on entrances and within the Local Nature Reserve.  Additional landscaping by improving and the existing and creating additional wildflower areas  Creation and management of wildlife habitats to encourage educational interest on the Local Nature Reserve  Creation of outdoor class room, tree trail, community orchard containing fruit trees from this area and bee hives  Creation of discreet picnic areasThe remaining £15,300 would be spent on improvement to Quarry Lane Local Nature Reserve which would include; Install footpath link from tarmac footpath to the newly installed picnic areaNottinghamshire Wildlife TrustComment that the surveys undertaken with respect to White Clawed Crayfish, and the reptile and amphibian mitigation plan, satisfactorily address previous objections raised by their absence. Objection is maintained due to the need for further surveys for bats, conflict between the plans as to whether the proposed buffer zone would be public open space or left for retention and enhancement of habitats, lack of adequate mitigation/compensation, and development of the green wedge. Habitat areas should be kept separate from public open space and recreation areas. Members of the PublicA total of 186 objections have been received in respect of this application on the grounds of; Strong concern regarding highway and traffic issues, High Oakham Road is very busy and the proposed access would be a major safety problem.  The development would result in increased congestion  The proposed junction separation of 27m, its position at the brow of a hill and the visibility distances are not adequate. There have been two serious car crashes recently on the road.  The development would be detrimental to pedestrian safety  The developer should pay to provide a footway to the High Oakham Drive side of Atkin Lane  The highways report has not been updated to reflect the additional properties allowed on High Oakham Drive.  The road safety audit was completed at a quiet time and is not representative of the traffic which uses the road.  The development will not encourage sustainable transport  Emergency services will have difficulty accessing the properties due to the steep slope.  The section 106 contributions should be spent on resurfacing roads and pavements on surrounding streets, or putting a partway through the proposed estate to provide access to the natural surroundings  Garth Road and Alexandra Avenue will become rat runs at times of congestion  The site is designated as ‘Strategic Green Infrastructure’ and outside the urban boundary in the emerging Local Plan.  The Council has a supply of housing so this land is not needed for residential purposes  The Council’s Housing Needs Assessment shows there is a robust housing land supply and this development is not required  The applicant is trying to circumvent the planning process by not giving weight to the emerging Local Plan, or promoting the site through the Local Plan or SHLAA  There are plenty of brownfield sites to develop such as the land on Nottingham Road, the old General Hospital and the brewery site. These plans should not be considered  The proposed homes are not needed and would be out of reach of most local people. Mansfield requires more affordable housing.  Affordable housing would have a detrimental effect on the character of the area and would not fit within the scale of surrounding properties The green wedge should be protected in its entirety  The development is not in keeping with the area and every inch of land is being built on in the High Oakham area  The development would be to the detriment of the area, the site is highly visible.  The proposals would be cramped over intensive form of development.  The visual impact of the development would be far reaching  The landscape character would be altered by the development, with a significant urbanising effect, loss of open character and landscape quality.  The demolition of No. 28 would be harmful to the visual character of the area  The development could lead to further development along Bleak Hills Lane, threatening the landscape  The development will spoil the views of the countryside Loss of green space will result in more flooding  The slope of the site and underlying soil means water will run into and contaminate Cauldwell Brook   The impact upon Oakham Nature Reserve, fishing ponds and bird sanctuary would be horrendous  The site is rare in that it provides habitat to so many protected species within a very small area  The development will erode the valuable Green wedge and an important wildlife corridor  The applicants ecologist have made numerous errors and unfounded assumptions and the development would have a huge impact upon wildlife  The surveys conducted for reptiles, badgers, amphibians and birds, and the site’s botany, hedges and underlying geology, are either invalid or inaccurate.  Water vole would be endangered by the proposals due to a reduction in habitat and refuges  The crayfish surveys were conducted at an inappropriate time of year and are invalid. There are crayfish present in the brook which would be harmed by run-off from the development.  Mitigation measures to prevent pollution are insufficient  Mitigation for the effects on birds and reptiles would not substitute for leaving the habitats alone  There is no guarantee that the environmental mitigation will be adhered to on a busy building site What sustainability measures have been included in the proposals?  The development will adversely affect the amenity of surrounding home owners  The development will put strain on local infrastructure  Open space should be provided to deliver quality of life benefits for local communities  The application is barely changed from its previous version. It is an affront to the committee’s previous decision.  High Oakham School is at full capacity, where will the children who live at the development go to school?  The entire community is against this development and the Council should have regard to these views  The area is a community asset and should not be destroyedOne letter of support has been received, making the following points: The release of the land is justified as Mansfield desperately needs more housing  The proposals would not harm the landscape or wildlife quality  There would be no problem with the proposed junction or increased congestion.POLICY AND GUIDANCEAdopted Mansfield District Local Plan 1998 Saved Policies (28/09/2007)Saved Policy DPS2 (28/09/07) – advises that development should be concentrated within and adjoining the main urban areas of Mansfield, Woodhouse and Warsop.Saved Policy NE1 (28/09/07) – aims to prevent the loss of areas of open countryside and to encourage the development of vacant and derelict sites within the urban area.Saved Policy NE5(c) (28/09/07) – States planning permission will not be granted for developments which detract from the openness and landscape quality of green wedges Saved Policy H3 (28/09/07) – States that planning permission will not be granted for the development of permanent housing outside the urban boundary except where it is essential for agricultural or forestry workers.Saved Policy BE1 (28/09/07) - advises planning permission will be granted for developments which achieve a high standard of design, listing four sets of criteria. Saved Policy M16 (28/09/07) – advises planning permission will be granted for new developments provided proposals meet 6 sets of criteria in respect of transport / movement issues.Interim Planning Guidance Note 3 - Recreation provision on new Residential Developments - Seeks to ensure that new residential developments provide for the recreational needs of the residents who live there, and should normally either make onsite provision or contribute to off-site provision or upgrades.Interim Planning Guidance Note 7 - Affordable housing - Seeks to ensure that new residential developments make appropriate provision towards either on-site affordable housing, or contributions towards off site provision.Mansfield District Council Draft Interim Planning Guidance Note 10 – Parking for New Developments – provides parking standards for new developments.National Planning Policy Framework (2012)Paragraph 14 - Presumes in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking. For decision taking this means: - approving development proposals that accord with the development plan without delay; and - where the development plan is absent, silent or relevant policies are - out of date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or - specific policies in the Framework indicate development should be restricted.Paragraph 47 sets out the steps local planning authorities should take to ‘boost significantly the supply of housing.’Paragraph 49 states that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites. Paragraph 50 goes on to seek to achieve a wide choice of quality homes with mixed and inclusive communities.ISSUESThe main issues to consider in the determination of this application are;1) The policy context 2) The impact upon the surrounding landscape 3) Design and layout 4) The impact upon residential amenity 5) The impact upon highway safety 6) The impact upon ecology 7) Flood risk 8) Planning obligations 9) The planning balance 1) The policy contextThe starting point for considering the principle of development is the statutory development plan. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework 2012 (the NPPF) forms national non-statutory planning guidance which is a material planning consideration in the determination of planning applications. Paragraph 14 of the NPPF presumes in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking. This means approving development proposals that accord with the development plan without delay and where the development plan is absent, silent or relevant policies are out of date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. With respect to policies for the supply of housing, paragraph 49 of the NPPF states that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites.With regard to the Council's 5 year housing land supply, The Housing Land Supply Assessment, published in April 2016 stated that the Council could demonstrate a 7.76 year housing land supply. However, it should be noted that this figure is currently under review and could change. The figure of 7.76 year housing supply is based on an Objectively Assessed Need (OAN) which has not yet been tested via examination. Additionally, despite the 5 year housing supply position, the district has a long term need for 7520 dwellings before the end of the plan period. Given the Council's OAN has not been tested, Paragraph 14 of the NPPF is triggered as a material consideration in this case as the relevant polices for the supply of housing are considered to be out-of-date. The relevant policies for the supply of housing in this case are DPS2 and H3. In accordance with the tests of paragraph 14, these policies continue to have statutory force as development plan policies; however the weight ascribed to them is reduced and the focus must shift to other material considerations and the guidance within the Framework, and the wider view of the development plan policies has to be taken. The site is located outside of the urban boundary as defined by the Mansfield Local Plan and the presumption of these development plan policies is against allowing this land to be developed. Policy NE1 seeks to restrict development in the countryside, but is not regarded as a policy for the supply of housing. It is considered that the proposals would run contrary to the aims and objectives of Policy NE1 in that development of the site would result in the loss of open countryside. Policy NE5 (c) seeks to protect this land from development which would detract from its importance for its openness and landscape quality of the green wedges or undermine its value as a recreational and wildlife resource. The development proposed would be contrary to this policy. However, paragraph 113 of the National Planning Policy Framework states 'Local Planning Authorities should set criteria based policies against which proposals for any development on or affecting protected wildlife sites, geodiversity areas or landscape sites will be judged'. Policy NE5 is not a criteria-based policy and lesser weight is therefore attached to this policy within the planning balance. The visual impact of the proposal upon the surrounding landscape is a separate material planning consideration, discussed further below. Consideration should also be given to the outcome of an appeal decision for 130 residential dwellings on land at Park Hall Farm, Mansfield Woodhouse in 2015 (located outside of the defined urban boundary). In allowing the appeal, the Inspector gave great weight to the delivery of housing within a sustainable location. The Inspector considered that the Urban Boundary defined by the Mansfield District Local Plan 1998 was identified to contain development needs only up to 2006 and duly gave weight to the guidance contained within the National Planning Policy Framework. A key issue when considering the principle of residential development at the application site is therefore an assessment of whether the site is within a sustainable location. The applicant considers that the site can be developed without any detrimental impact upon neighbouring occupiers and land uses, that a safe means of access could be achieved and that that the development would not have a detrimental impact upon ecology or habitats. The site is positioned within a location that is well served by public transport and has ready access to services such as retail, leisure employment and education. It should also be noted that the site was assessed through the Council's Strategic Housing Land Availability Assessment which concluded: 'In its urban fringe location the site may be considered acceptable for development should Policy NE5(c) be revised. It is considered that the ponds to the west of this site would provide enough of a buffer from the industrial uses at Hermitage Lane. Access to services would need to be found acceptable'The site is considered to be within a sustainable location, abutting the existing urban area and within easy reach of public transport and local services. A significant boost in the supply of housing is a key tenet of the Framework as set out in paragraph 47, and paragraph 49 directs that housing applications should be considered in the context of the presumption in favour of sustainable development required by paragraph 14. The delivery of 39 no. dwellings would contribute to the supply of both market and affordable housing in the district in accordance with paragraph 47, and would be within a sustainable location. In concluding whether the proposals would amount to sustainable development, and to conduct the 'tilted balance' required by paragraph 14, i.e. to grant planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, it is necessary to consider the other material considerations, discussed further below. 2) The impact upon the surrounding landscapeThe site is currently greenfield grass land with topography that falls in a northerly and westerly direction towards Bleak Hills Lane and Cauldwell Brook. The site is positioned on the edge of the established urban area and benefits from established boundaries, particularly to the south and west through mature and dense woodland planting. The urban form appears to the east / north east of the site. Nottinghamshire County Council Strategic Planning has previously raised concern regarding the landscape impact of the proposal. The site lies within the Sherwood Landscape region in Policy Zone 11 - Lindhurst Wooded Farmlands (Mansfield District Landscape Character Assessment, May 2010). The Landscape Policy Zone is assessed as having an overall Moderate character giving an overall strategy of Conserve and Create. The County Council considers that the submitted Landscape and Visual Appraisal is generally assessed to be well considered and balanced. However, the County Council previously disagreed with the assessment that the landscape sensitivity of the development site is low and considers that the landscape sensitivity for the site is assessed as Medium. While this change in assessment is relatively small with regard to the Significance of Change, increasing to Moderate / Minor, it would have more bearing with regard to the assessment of the proposal against of Policy NE5(c) of the adopted District Local Plan 1998. As indicated above, this policy carries lesser weight in the overall planning balance due to its inconsistency with the NPPF. This notwithstanding, the proposal has to be assessed against its visual impact upon the surrounding landscape.The County Council does consider that the recommended Landscape Character Policy Zone actions are either achievable, have no impact, or are not particularly relevant to this specific site. The County Council however recommends that site boundaries are reinforced with additional hedgerows and trees to further strengthen the land parcel, encourage ecological connectivity and further soften the development. The proposed 20m+ buffer zone is welcomed by the County Council, which recommends that any proposed planting to the site boundaries should be native species. In addition, tree planting along the suggested terraced landform will help to disperse the identified visual impact of the housing mass on distant views. Should permission be granted for the development proposed, the County Council would recommend establishment of a buffer zone be conditioned against the Cauldwell Brook to the southwest portion of the site. This should include appropriate tree and shrub planting to strengthen the landscape boundary, improve ecological diversity and define the brook's riparian character. It is considered that this can be addressed through the submission of any subsequent applications for the reserved matter of landscaping and a condition is recommended as this buffer is considered a necessity to mitigate the visual impact of the development. Whilst the site is well contained, there is no doubt that the introduction of housing onto this currently open, greenfield site would alter both its character and appearance; however, for the reasons outlined, namely the close presence of other housing development bordering the site and the well contained and screened nature of the site, the degree of harm would be greatly reduced. It is therefore considered that subject to appropriate landscaping, the proposal could be achieved that would not have an unduly detrimental visual impact upon the surrounding landscape.Whilst the proposal would conflict with policy NE5(c), in that the green wedge would become less open, the quality of the landscape would not be significantly harmed by the proposal, subject to appropriate mitigation. The site does not have significant recreational value as it is not accessible to the public, and the proposal would not conflict with Policy NE5 in this respect. The impact of the proposal on the site's value as a wildlife resource is considered below. 3) Design and layoutThe application is in outline form where the matters of scale, appearance and landscaping are reserved for subsequent approval. The matter of layout is however for consideration with this outline application. The applicant has commented on the layout in their Design and Access statement submitted in support of the application together with a masterplan demonstrating how the site would be laid out. The layout is considered to be of sufficient detail to enable an assessment to be made with respect to the possible form of development, densities, and relationships with existing residential properties and the Cauldwell Book. In particular, the properties nearest to the brook (Nos. 24-27) have been re-positioned further from the brook to increase the buffer zone in comparison with the previous scheme. It is considered that the masterplan is sufficient to demonstrate that the proposed density of development would be satisfactorily accommodated on the site, and would provide sufficient space to implement the recommended landscaping to mitigate the visual impact of the development, whilst also providing an ecological buffer for the brook. The proposed density of development and overall layout would therefore be appropriate having regard to the context and settlement pattern of the surrounding area, and the requirements for mitigation.4) The impact upon residential amenityThe potential for overlooking and loss of light to neighbouring occupants arising from the proposed development has been considered. The submitted layout would generally comply with the 'Space about Dwellings' guidance contained in the Council's guidance note with respect to the new residential development.The proposed layout also demonstrates that the development could achieve a reasonable distance of separation and not have a detrimental impact upon the occupiers of the dwellings to the north-east of the application site on High Oakham Hill. A condition is recommended to require the submission of existing and proposed ground levels, and finished floor levels, to enable the Council to assess the proposed height and massing of the dwellings once they have been subject to detailed design. Concern has been previously raised from neighbouring occupiers that the proposed access serving up to 39 no. dwellings would result in a detriment to residential amenity due to increased noise and disturbance from vehicles and pedestrians. Whilst a residential development of this scale would inevitably result in an increase in vehicular and pedestrian movements it is not considered that this would result in excessive noise and disturbance to surrounding occupiers. Furthermore, the proposal has been amended to reposition the site access to the position of 28 High Oakham Hill which would provide greater separation distance between the access and existing properties to the north and south on High Oakham Hill. In addition, careful consideration of landscaping and boundary treatments in the vicinity of the access would ensure the amenity of neighbouring occupiers is not prejudiced. Both of these details would be reserved by condition. 5) The impact upon highway safety Access is a matter for consideration in the determination of this application. The access to the site would be taken directly from High Oakham Hill and would be facilitated by the demolition of no. 28 High Oakham Hill. The applicant has been involved in a considerable amount of negotiation during the course of the previous application with Nottinghamshire County Council as the Highway Authority and with revisions made to overcome the initial concerns of the Highway Authority. The proposed access is unchanged in this application. The access arrangement and supporting technical information has been appraised by the Highway Authority with advice also sought from the County's highway partners Via East Midlands and the respective specialist teams within Highway Design and Crash Investigation teams. The proposals would provide for a 29m stagger distance between the proposed junction and the junction with Alexandra Ave. The design also incorporates two 'ghost island' right turn arrangements and two pedestrian crossing refuges to the north and south of the junction.The applicant has also submitted vehicle tracking analysis to demonstrate that a 29m junction separation distance is sufficient to ensure that the layout would operate as a staggered junction rather than a cross roads, even for a large van size vehicle, without detriment to other traffic.In addition to these revised design proposals the applicant commissioned a recognised traffic management consultancy to carry out a road safety audit to demonstrate the junction would be safe and suitable for all highway users.To corroborate the applicant's safety audit and highlight any other potential safety issues the Highway Authority requested their own Crash Investigation Team to carry out the same type of safety audit. Within the audit, the Highway Authority identified two issues. The first referred to the existing triangular Junction Warning sign (T-junction) for Alexandra Avenue. The advice is that this would need to be replaced should the development go ahead. This would provide drivers sufficient warning in an effort to avoid late braking, and shunt type accidents from occurring.The second issue raised related to pedestrians. As this would be a residential development, pedestrians would inevitably wish to cross High Oakham Hill at somewhere between the proposed junction and Alexandra Avenue. The road is relatively wide at this point and combined with the proposed right turn lane arrangement crossing the road may become an overly complicated task. It was therefore recommended that a pedestrian refuge would be required to allow pedestrians can cross safely. This was a concern also identified in the applicant's safety audit. As a result the applicant has incorporated two pedestrian crossing refuges within their design to both the north and south of Alexandra Avenue, to ensure that pedestrians can cross safely which ever direction they choose to go.A further concern was then raised regarding the pedestrian crossing to the north as it would be situated some distance away from the nearest lighting column meaning it would be inadequately illuminated during darkness. Therefore it is recommended to impose a condition to require additional street lighting to be installed to sufficiently illuminate the northernmost proposed pedestrian crossing. To assist with reducing car trips associated with this site, it is considered important that improvements are made to links between the site and local transport facilities. Therefore, it is considered that the applicant should provide enhancements to the nearest 2 no. bus stops in the vicinity of the site located on Sheepbridge Lane. The enhancements to the existing bus stops should be in form of bus shelters, real time display bus sign and associated electrical connection and raised border kerbs. It is considered that the requirement to enhance these public transport facilities to be reasonable and necessary to make the development acceptable in planning terms. This requirement is directly related to the development and practical in relation to type and scale of the development.It is considered that given the relatively low density of the proposed development any subsequent layout could sufficiently accommodate on off-street parking provision in accordance with Draft Interim Planning Guidance Note 10 'Parking for New Developments'.The Highway Authority has confirmed that the submitted Transport Assessment remains valid for the purposes of the application. Objections have referred to potential increases in traffic from neighbouring development including Lindhurst, High Oakham Drive and the former car showroom on Nottingham Road, which it is argued should be considered as part of this application due to the possible cumulative impact. The transport assessment however concludes that the development would have a negligible increase in traffic of 0.5% on the A60 and A38, which would not in itself be detrimental, and even if other development were to materially increase traffic, it has been shown that the application site would not be a significant contributor to any increase. The other developments mentioned will have been subject to their own analysis by the Highway Authority, and where necessary will be required to deliver their own highways improvements proportionate to their expected impacts. The highway improvements set out above are considered to be those that are necessary to make the development acceptable in this case. 6) The impact upon ecologyThe site abuts the Cauldwell Brook Local Wildlife Site and, in association with a series of fishing ponds and associated vegetation, forms a notable green corridor. There are however no statutorily designated sites within the vicinity of the site. The applicant has submitted an Ecological Impact Assessment incorporating an Extended Phase 1 Habitat Survey and Protected Species Surveys which provide a full assessment of the site's potential to support protected and priority species. A Landscape and Ecological Management Plan has also been submitted. During the course of the previous application, very strong concerns have been raised from numerous members of the public that the survey work completed by the applicant is either inaccurate, incomplete or has not had regard to species such as Great Crested Newt, Sand Lizards, Slow Worm, Native Cray Fish and Water Vole. These concerns were duly noted and formed a reason for refusal of the last application. The applicant has subsequently undertaken additional surveys for White Clawed Crayfish as part of an updated Ecological Impact Assessment. This survey has been undertaken appropriately and Nottinghamshire Wildlife Trust (NWT) has commented that the information provided overcomes earlier objections relating to this protected species. The survey found no evidence of Water Vole or White Clawed Crayfish within the brook following a range of survey work. The recommendations of the report however are to protect the brook from disturbance and pollution to avoid any potential risks to populations of either species which it is recognised may be present in the wider river network.NWT has reviewed the Ecological Impact Assessment and Landscape and Ecological Management Plan, and maintains an objection due to the need for further survey work for bats, a lack of suitable mitigation/compensation and the principle of development of the 'green wedge' in conflict with 'saved' policy NE5 of the adopted 1998 Local Plan. The applicant has confirmed that further surveys for bats, as requested by NWT, are being undertaken prior to the committee and the results, if available, will be reported verbally to the committee. The Landscape and Ecological Management Plan sets out the proposed means of mitigation and management of the ecology of the site. The principal measure is a 20m+ buffer from the Cauldwell Brook within which no development would take place. The buffer zone would be the focus for habitat management to increase its suitability to accommodate wildlife. This would include enhancing physical boundary features with native trees to encourage bat foraging. Whilst no evidence of White Clawed Crayfish was recorded when surveys were undertaken, their presence within the wider river network has not been ruled out by the applicant. A drainage bund is proposed to the western side of the site, along the edge of the 20m+ buffer zone to prevent run-off from the site into the brook both during construction and in the long-term to protect species which may be present in the brook. The Landscape and Ecological Management Plan also includes details of steps to be undertaken during the construction process to protect the surrounding environment. This includes preparation of a soil management plan which would control the working methods undertaken by contractors, and sets standards for importing materials onto the site. A condition is recommended to require the submission of an updated construction management plan, to include the soil management plan, before development commences on site. As this application is outline form with some matters reserved, it is considered appropriate to condition the submission of an updated Landscape and Ecological Management Plan, full and final details of proposed mitigation and enhancement measures once details of landscaping have been developed.Subject to these measures, the ecological impacts of the proposal would be suitably mitigated and opportunities for habitat enrichment provided. The proposals would therefore be acceptable with respect to ecology and biodiversity and in terms of policy NE5(c) would not materially diminish the value of the site as a wildlife resource. 7) Flood Risk and DrainageThe site lies within Flood Zone 1, land with the lowest probability of flooding. Cauldwell Brook adjoins the western boundary of the site and falls within Flood Zone 2 which has a medium probability of flooding. Given the fall of the land to the west, there would be no discernable risk of flooding to existing properties on High Oakham Hill. The applicant has submitted a full Flood Risk Assessment that concludes that, subject to the implementation of a sustainable surface water drainage strategy, there would be no increase in flood risk to surrounding areas, through use of infiltration with individual soakaways and permeable paving for each property and a communal soakaway for the access road. Nottinghamshire County Council as the Lead Local Flood Authority has considered the Flood Risk Assessment and has raised no objection subject to the implementation of the surface water drainage strategy. It is recommended that a condition be imposed requiring the submission of a full sustainable surface water drainage strategy which would include the formal calculations for the size and number of soakaways required. In respect of foul drainage, this would be to the public foul sewer on High Oakham Hill. The applicant has submitted a letter from Severn Trent Water which confirms that there is sufficient capacity within this sewer to accommodate the proposed development. 8) Planning Obligations The applicant has agreed to enter into a Section 106 Agreement with the Council. The agreement would usually include obligations in relation to the following matters; On site affordable housing provision of 20% of gross new-build dwellings, a total of 8 dwellings  Financial contribution toward the improvements of public open space  Education contribution to meet the additional demand on local school facilitiesInterim Planning Guidance Note 7 'Affordable Housing' states that for developments of exceeding 30 dwellings on site provision of affordable housing, totaling 20% of gross dwellings is required. This would total an onsite provision of 8 dwellings. The Councils Parks Development Manager has confirmed that the developer will be required to provide a capital contribution of £1,100 per dwelling. £27,600 of the total would be used for improvements to the Oakham Local Nature Reserve which would include; Entrance/access improvements into the Local Nature Reserve.  Improve access in relation to the sleeper steps and adjacent slope on this site.  Improve footpath links throughout the Local Nature Reserve  Improve interpretation on entrances and within the Local Nature Reserve.  Additional landscaping by improving and the existing and creating additional wildflower areas  Creation and management of wildlife habitats to encourage educational interest on the Local Nature Reserve  Creation of outdoor class room, tree trail, community orchard containing fruit trees from this area and bee hives  Creation of discreet picnic areasThe remaining £15,300 would be spent on improvement to Quarry Lane Local Nature Reserve which would include; Install footpath link from tarmac footpath to the newly installed picnic areaNottinghamshire County Council have advised that, based on current projections, the primary and secondary schools are at capacity and cannot accommodate the additional 8 primary places and 6 secondary places arising from the proposed development. Therefore the County Council require an Education Contribution of £91,640 (8 x £11,455) to provide primary provision and £103,560 (6 x £17,260) to provide secondary provision to accommodate the additional pupils projected to arise from the proposed development.9) The Planning Balance At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development. As previously outlined Paragraph 14 of the Framework is engaged as a material consideration. It states that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the framework taken as a whole. This is known as the 'tilted balance.' The application site lies outside the urban boundary defined by the Mansfield District Local Plan 1998; however, as described, the development would be within a sustainable location. In accordance with paragraph 49 of the NPPF, the delivery of up to 39 no. dwellings, of which 20% would be affordable housing, is a significant benefit of the scheme which carries substantial positive weight in the planning balance. In addition, the development would increase tree planting and opportunities for habitat enrichment on site and would make use of a site which presently is inaccessible for recreational or community use and has little economic value for alternative uses. The applicant has also agreed to the full amount of contributions required to fund infrastructure improvements, which also carries positive weight.In respect of highways, flood risk, residential amenity, layout and density, the proposal would be acceptable, subject to mitigation in some cases, and each of these matters would be neutral in the planning balance. The adverse impacts of the proposal identified within the report would comprise development outside the urban boundary defined by the Mansfield District Local Plan; the development of a part of an identified green wedge, and the resulting impact upon the surrounding habitats and landscape, changing a greenfield site into a more urban environment.It is considered that the applicant has demonstrated through the proposed layout and provision of a green buffer that the visual harm identified can be mitigated to ensure that the adverse impact upon the surrounding landscape is modest and that the development could result in a net gain of biodiversity and would not detrimentally impact upon habitats or ecology through the creation of a significant buffer to Cauldwell Brook and use of an Ecological Management Plan. The development of a site outside the urban boundary and within a defined 'green wedge' would conflict with 'saved' policies of the adopted Mansfield District Local Plan 1998, namely policies DPS2, H3, NE1 and NE5(c); however these policies carry less weight in the planning balance taking the requirements of the Framework into account, and even when considered together with the modest harm to the green wedge and wider landscape, the adverse impacts would not significantly and demonstrably outweigh the benefits of the proposal, in particular the delivery of market and affordable housing, when assessed against the policies in the framework taken as a whole. It is concluded that the proposal would constitute sustainable development in accordance with overarching aims of the NPPF, and paragraph 14 in particular which states that the presumption in favour of sustainable development should be seen as the golden thread running through decision-taking, and there are no adverse impacts of granting planning permission that would significantly and demonstrably outweigh the benefits of this development when assessed against the Framework. CONCLUSIONIt is therefore recommended that:- a) It is resolved to grant outline planning permission subject to the recommended conditions and a Section 106 Agreement (as detailed in Section 8 of the report) b) Delegated Authority be granted to the Director of Place and Well-being to issue the outline planning permission following the applicant having entered into the Section 106 Agreement in relation to those items listed in Section 8 of the report.RECOMMENDED CONDITIONS/REASONS/NOTES (1) Condition: Application for approval of reserved matters must be made not later than three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of reserved matters, or in the case of approval of reserved matters on different dates, the final approval of the last such matter to be approved(1) Reason: In accordance with Section 92(2) of the Town and Country Planning Act 1990, as amended by S51(2) of the Planning and Compulsory Purchase Act 2004.(2) Details of the appearance, landscaping, and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.(2) Reason: The application is in outline only and the reserved matters referred to in the foregoing condition will require further consideration.(3) Condition: The plans and particulars submitted under Condition 2 to discharge the reserved matter of landscaping shall include details of the quantity, size, species and position of all trees to be planted, together with an indication of how they integrate with the proposal in the long term with regard to their mature size and anticipated routine maintenance. In addition all shrubs and hedges to be planted that are intended to achieve a significant size and presence in the landscape should be similarly specified.(3) Reason: To enable the Local Planning Authority to properly consider the developers' proposals for trees and hedges on the site, in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.(4) Condition: This permission shall be read in accordance with the following plans/details:Indicative Master Plan as Site Location Plan, Drawing No. 15-207-01F, received 18/05/2017 Right Turn Lane - General Arrangement Scale 1-500, Drawing No. RH106/100C/P, received 23/05/2017 Right Turn Lane - General Arrangement Scale 1-250, Drawing No. RH106/100C/P, received 23/05/2017 Ecological Impact Assessment (Ref: BG17.141.1) received 26/04/2017 Landscape and Visual Appraisal (Ref: N-NTTS141/2), received 21/03/2017 Arboricultural Impact Assessment (ref: 61731) received 21/03/2017 Transport Statement, received 21/03/2017 Flood Risk Assessment (ref: CHAD100 High Oakham Hill, Mansfield FRA) received 21/03/2017 The development shall thereafter be undertaken in accordance with these plans and particulars, unless otherwise agreed in writing by the Local Planning Authority(4) Reason: To define the permission, for the avoidance of doubt.(5) Condition: No development shall take place until the method of working during the construction phase, in the form of a construction and environmental management plan, to include: 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. measures to control the emission of dust and dirt during construction v. a scheme for recycling/disposing of waste resulting from demolition and construction works vi. control of noise and vibration vii. details of the installation and maintenance of the proposed drainage bund, as shown for indicative purposes on drawing 15-207-01F has been submitted to and approved in writing by the Local Planning Authority. All subsequent construction shall be undertaken in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.(5) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.(6) Condition: The hours of work during construction and the delivery of materials on to the site shall be restricted to 08.00-17.00 hours Monday-Friday, 08.00-13.00 hours Saturdays and no working shall take place on Sundays and Bank Holidays.(6) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.(7) Condition: Prior to the commencement of development, details of a wheel washing facility shall be submitted to and approved in writing by the Local Planning Authority. The approved wheel washing facility shall be in operation during the construction phase of the hereby approved dwellings.(7) Reason: In the interest of highway safety and in accordance with Saved Policy M16 (28/09/07) of the Mansfield District Local Plan. (8) Condition: Building operations shall not commence until the buffer zone to Cauldwell Brook, as shown on drawing 15-207-01F, has been suitably protected through the erection of appropriate fencing or other means of enclosure, the details of which shall be first submitted to and approved in writing by the Local Planning Authority. The approved buffer zone protection shall be retained in situ for the duration of construction on the site.(8) Reason: To reduce and mitigate against any potential impacts upon the Cauldwell Brook Local Nature Reserve.(9) Condition: Building operations shall not be commenced until details of the existing and proposed ground levels and proposed finished floor levels of the buildings have been submitted to and approved in writing by the Local Planning Authority.(9) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Policy BE1 of the adopted Mansfield District Local Plan.(10) Condition: Prior to the submission of any reserved matters, a detailed surface water drainage design and management strategy, to include provision of Sustainable Urban Drainage (SUDs) to provide adequate treatment and control of surface water discharge from the site, in order to protect Cauldwell Brook Local Nature Reserve and surrounding properties, shall be submitted to and approved by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed, and shall be maintained for the lifetime of the development.(10) Reason: To prevent the increased risk of flooding; to improve and protect water quality; to improve habitat and amenity; and to ensure the future maintenance of the sustainable drainage structures.(11) Condition: No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority an Updated Landscape and Ecological Management Plan. Such a scheme shall include as appropriate: A description and evaluation of the features to be managed, to include the proposed planting and maintenance of the 20 metre buffer zone to Cauldwell Brook, and measures to segregate it from publically accessible areas of the site.  Ecological trends and constraints on the site that might influence management  Aims and objectives of management  Appropriate management options for achieving aims and objectives  Prescriptions for management actions  Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period)  Details of the body or organisation responsible for implementation of the plan  Ongoing monitoring and remedial measures  Details of the legal and funding mechanisms for implementation The development thereafter shall be undertaken and managed in accordance with the approved details. The identified 20 metre buffer zone shall be maintained in perpetuity, and no works shall be undertaken within it except those expressly approved through this condition. (11) Reason: To reduce and mitigate against any potential impacts upon the Cauldwell Brook Local Nature Reserve.(12) Condition: Any applications for reserved matters shall include an up-to-date Extended Phase 1 Survey and any additional surveys required. The application shall demonstrate what mitigation measures have been incorporated in to the development having had regard to the findings of the surveys undertaken. The development thereafter shall be undertaken in accordance with the approved details, and mitigation measures maintained for the lifetime of the development.(12) Reason: To enable proper consideration of the impact of the development on the contribution of nature conservation interests to the amenity of the area, in accordance with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan.(13) Condition: No part of any development shall commence until details of the new internal roads/footways and associated infrastructure have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross sectional gradients, parking provision, turning facilities, access widths, visibility splays (including pedestrian, junction and forward visibilities), street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. All details submitted to the Local Planning Authority shall comply with the County Council's current Highway Design & Parking Guides and shall be implemented as approved. Any visibility splays shall be kept clear of any obstruction to visibility over 0.6m high for the life of the development.(13) Reason: In the interests of highway safety.(14) Condition: No part of the development hereby permitted shall be occupied until the access junction is constructed with a gradient not to exceed 1:30 for first 10m of the side road, and then preferably not exceeding 1:20 throughout the entire site thereafter in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. (14) Reason: In the interests of highway safety. (15) Condition: No development shall be occupied on any part of the application site unless or until two right-turn lane arrangements have been marked out on High Oakham Hill itself, as shown for indicative purposes only on the attached plan RH106/100C/P to the satisfaction of the Local Planning Authority.(15) Reason: In the interests of highway safety.(16) Condition: No development shall be occupied on any part of the application site unless or until two pedestrian refuges are constructed and appropriately illuminated on High Oakham Hill as shown for indicative purposes only on the attached plan RH106/100C/P to the satisfaction of the Local Planning Authority.(16) Reason: In the interests of highway safety.(17) Condition: No development shall be occupied on any part of the application site unless or until sufficient and upgraded street lighting has been provided on High Oakham Hill, as shown for indicative purposes only on the attached plan RH106/100C/P to the satisfaction of the Local Planning Authority.(17) Reason: In the interests of highway safety.(18) Condition: No development shall commence on any part of the application site unless or until the access junction has been provided on High Oakham Hill as shown for indicative purposes only on the attached plan RH106/100C/P to the satisfaction of the Local Planning Authority.(18) Reason: In the interests of highway safety.(19) Condition: The development hereby permitted shall not be brought into use unless or until the bus stops on Sheepbridge Lane have been upgraded to include solar lit shelters with fully lit bus stop poles with ¾ timetable cases and bus stop flags, raised kerbed bus boarders, and dropped kerbed wheelchair and pushchair access and real time displays to the satisfaction of the Highway Authority and Local Planning Authority. These are situated on both sides Sheepbridge Lane, approximately 380m to the north of the proposed site.(19) Reason: To promote sustainable travel. (20) Condition: Building operations shall not commence until a plan indicating the positions, design, materials and type of walls, fences and other means of enclosure to be erected within and along the boundaries of the site have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details before the buildings are occupied.(20) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Policy BE1 of the adopted Mansfield District Local Plan.Notes to Applicant(1) Reference in any condition contained in this permission to any Statute, Statutory Instrument, Order, Regulation, Design Guide or other document shall be taken to include any amendment, replacement consolidation or variation that shall from time to time be in force and any reference to anybody or organisation (public or private) shall be taken to include any successor-body or organisation exercising relevant functions in place of or alongside the body named.(2) All required access and forward visibility splays must be adopted and constructed using low maintenance engineered specification. The Highway Authority will not accept free hold title deeds' incorporating positive/restrictive maintenance covenants, as this invariably generates difficulties for successive owners.(3) In order to carry out the off-site works required the applicant will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which the applicant has no control. In order to undertake the works the applicant will need to enter into an agreement under Section 278 of the Act.(4) The applicant should note that notwithstanding any planning permission that if any highway forming part of the development is to be adopted by the Highway Authority, the new roads and any highway drainage will be required to comply with the Nottinghamshire County Council's current highway design guidance and specification for road works. a) The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the HA with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the HA as early as possible. b) It is strongly recommended that the developer contact the HA at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance. It is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council in writing before any work commences on site. Correspondence with the HA should be addressed to:- Highways Development Control (North) Nottinghamshire County Council, Highways North, Welbeck House, Darwin Drive, Sherwood Energy Village, Ollerton, Nottinghamshire, NG22 9FF [email protected](5) No part of the proposed building/wall or its foundations, fixtures and fittings shall project forward of the highway boundary.(6) It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such the applicant should undertake every effort to prevent it occurring.(7) You must contact Mr Heath Phillips, Principal Co-Ordination Officer (North), 01159 932547 for road space approval prior to any works commencing.(8) You should note that any areas over the normal minimum, intended for adoption will require the payment of a commuted sum for future maintenance. (i.e. additional areas exceeding usual highway design requirements, additional street furniture, landscaping, Sustainable Drainage Systems, retaining walls, bollards and materials outside usual specification). The applicant is strongly advised to hold discussions with the relevant parties as soon as possible to agree sums, ownership and responsibility for perpetuity.Further details can be found at the link below: http://www.leics.gov.uk/index/6csdg/highway_req_development_part4.htm#section_mc18(9) Any works affecting the public transport infrastructure will have to be agreed/commissioned with the HA & Public Transport provider. The applicant will need to contact Pete Mathieson 0115-9774760 to discuss and agree any works affecting these facilities. All works will be carried at the expense of the applicant/ developer. (10) The applicant is advised that it is an offence under the Wildlife and Countryside Act 1991 and the Countryside Regulations1994 to kill, capture or disturb a protected species or to damage or destroy the breeding site or resting place of such a species. If any protected species are found on site at any point during the implementation of this planning permission, works should cease and Natural England should be contacted for further assistance if necessary.Statement of positive and proactive workingThe Local Planning Authority has worked positively and proactively with the applicant to achieve an acceptable scheme.

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