ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –
WEDNESDAY 5 JUNE 2002
REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES
Agenda Item 5(a)(i)
TCP/13520L/P287/02 – OUTLINE FOR RESIDENTIAL DEVELOPMENT AND OFFICE ACCOMMODATION, LAND AT ST CROSS BUSINESS PARK, SOUTH OF LOWER ST CROSS FARM AND EAST OF DODNOR LANE, NEWPORT.
Members will recall that this application was considered at the Development Control Committee meeting on 14 May 2002 and was approved, contrary to Officer recommendation, subject to a Section 106 Agreement regarding phasing of development and appropriate conditions.
Background
Following discussions between the applicant, Legal Services Manager and appropriate consultees, the following Heads of Agreement and conditions have been developed:
Heads of Agreement:
1. No commencement of the construction of any of the residential development shall take place until such time as there has been a commencement of the construction of the office buildings;
2. There shall be no occupation of the first six dwellings until the first 558 square metres (6,000 square feet) of office floor space is completed ready for occupation;
3. After the construction of the first six dwellings, the construction and occupation of the remaining six dwellings shall be dependent on the construction of the office floor space in the ratio of one dwelling per 93 square metres (1000 square feet) of office floor space;
4. The final three dwellings shall not be occupied until the infrastructure and the services has been provided for the remaining approved office floor space;
5. The income from the approved office blocks when occupied shall be utilised for the completion of the remaining 1115 square metre office floor space as approved. Once this floor space is fully completed, this part of the obligation shall be considered to be discharged.
6. The area of land shown on the approved plan for office purposes shall only be used in the future for employment use and related parking purposes only.
The completion of an agreement on the above terms should ensure that the residential development can only be occupied on completion of at least 558 square metres of office floor space, with the final phase of residential development not being occupied until at least the infrastructure and services have been provided for the completion of all the office development. The developers programme is that once the development of office floor space has been commenced and is under way following the “injection of cash” from the residential development, the rental levels will be sufficient to secure the completion of the remainder of the employment buildings without the need for further residential development. Heads of Agreement nos. 5 and 6 place some obligation on the developers to bring the development towards completion without the loss of additional land to housing.
Besides the Section 106 Agreement, conditions will be necessary as follows:
1. The development hereby approved shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
2. Application for approval of the reserved matters shall be matters made to the Local Planning Authority before the expiration of 3 years from the date of this permission.
Reason: To comply with Section 92 of the Town and Country Planning Act 1990.
3. Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (herein after called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason: In order to secure a satisfactory development in accordance with Policies S6 (Standards of Design), D1 (Standards of Design), D2 (Standards of Development within the Site), D3 (Landscaping), TR7 (Highway Considerations for New Development) of the Isle of Wight Unitary Development Plan.
4. Development shall not begin until details of the design surfacing and construction of any new roads, footways, accesses and car parking areas together with details of the means of disposal of surface water drainage there from have been submitted to, and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the agreed details.
Reason: To ensure an adequate standard of highway access and drainage for the proposed dwellings and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
5. The proposed road layout shall retain a through route between Monks Brook and Dodnor Lane as indicated on the approved plan, attached to and forming part of this decision notice.
Reason: In the interests of highway safety and to comply with Policy TR7 of the Isle of Wight Unitary Development Plan.
6. No dwelling or office building shall be occupied until those parts of the roads and drainage system which serve that building have been constructed in accordance with a scheme agreed in advance by the Local Planning Authority.
Reason: To ensure an adequate standard of highway and access for the proposed dwellings and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
7. No building hereby permitted shall be occupied until space has been laid out within the site and drained and surfaced in accordance with details that have been submitted to and approved by the Local Planning Authority in writing for parking of cars and secure storage of bicycles close to the entrances to the buildings, for vehicles to be loaded and unloaded and to turn so that they may leave the site in forward gear. The space shall not thereafter be used for any purpose than that approved in accordance with this condition.
Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
8. Development shall not be commenced until the details of accesses onto Dodnor Lane, including the crossing of the existing roadside ditch, have been approved in writing by the Local Planning Authority and no building shall be occupied until its access has been constructed in accordance with the approved details.
Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
9. All construction traffic shall enter and leave the site via Monks Brook and not by way of Dodnor Lane to the west of the site.
Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the Isle of Wight Unitary Development Plan.
10. Construction of the buildings hereby permitted shall not commence until a schedule of all materials and finishes to be used for the external roofing and walls of the same has been submitted to and approved in writing by the Local Planning Authority. Thereafter only such approved materials and finishes shall be used in carrying out the development.
Reason: To safeguard the amenities of the locality and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
11. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures e.g. refuse or other storage units, lighting etc.
Reason: To ensure the appearance of the development is satisfactory and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
12. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.
Reason: In the interests of the amenities and character of the area and to comply with Policy D3 (Landscaping) of the Isle of Wight Unitary Development Plan.
13. No existing hedges or hedgerows shall be removed, unless shown on the approved drawings as being removed. All hedges and hedgerows on and immediately adjoining the site shall be protected from damage for the duration of works on the site by the erection of a 1.2 m minimum height chestnut paling fence to BS 1722 Part 4 securely mounted on 1.2 m minimum above ground height timber posts driven firmly into the ground or other agreed protection along a line to be agreed in writing with the Local Planning Authority. Any parts of hedges or hedgerows removed without the consent of the Local Planning Authority or which become, in the opinion of the Local Planning Authority, seriously diseased or otherwise damaged within five years of contractual practical completion of the approved development shall be replaced as soon as is reasonably practical and, in any case, by not later than the end of the first available planting season, with plants of such sizes and species and in such positions as may be approved by the Local Planning Authority.
Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows and to comply with Policy D1 (Standards of Design) of the Isle of Wight Unitary Development Plan.
14. The use of the office and workshop buildings hereby approved shall be restricted to uses contained within Class B1 of the Schedule of the Town and Country Planning Use Classes Order 1987, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of the amenities of occupiers of nearby dwellings, both existing and proposed, in accordance with Policies G10 and E9 of the Isle of Wight Unitary Development Plan.
15. No development shall be commenced until a scheme for the provision and implementation of a surface water regulation system is designed to the satisfaction of the Planning Authority and supported by detailed calculations. Such a drainage system for the site must be capable of delivering the estimated 1% probability storm runoff to storage. The system must be capable of storing the runoff from the 1% event restricting the outflow to that which would have occurred had the site been a green field. The scheme shall include a maintenance program and establish ownership of the storage system for the future.
Reason: To prevent flooding and ensure future maintenance in accordance with Policy U11 of the Isle of Wight Unitary Development Plan.
16. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped gullies to BS 5911:1982 with an overall capacity compatible with the site being drained.
Reason: To prevent pollution of the water environment in accordance with Policy P1 of the Isle of Wight Unitary Development Plan.
17. Any facilities for the storage of fuels shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If three is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.
Reason: To prevent pollution of the water environment in accordance with Policy P1 of the Isle of Wight Unitary Development Plan.
18. Construction work shall not begin until a scheme for protecting the proposed residential development as shown on the plan (attached to and forming part of this decision notice) from noise from the plant and machinery operated by industry upon St Cross Business Park, as shown on the attached plan for information only, has been submitted and approved by the Local Planning Authority; all works which form part of the scheme shall be completed before any part of the noise sensitive development is occupied. The scheme shall include proposals for ensuring that the guideline levels set out in British Standard 8233 1999 for residential accommodation are complied with, that all necessary works are supervised by a competent person (A competent person may be contacted through “The Association of Noise Consultants” 6 Trap Road, Guilden Morden, Nr Royston, Herts SG8 0JE, telephone 01763 852958) and that upon completion of all works, testing is carried out and a report submitted to the Local Planning Authority to verify the schemes effectiveness. The works and scheme shall thereafter be maintained in accordance with the approved details. No alterations to the structure, roof, doors, windows or external facades of the development shall be undertaken without the prior written approval of the Local Planning Authority.
Reason: To prevent annoyance and disturbance, in particular sleep disturbance to the future occupiers of the development from noise emissions from neighbouring industrial uses, in accordance with Policy P5 of the Isle of Wight Unitary Development Plan.
The County Ecology Officer advises that the proposal involves the demolition of a barn used by a single barn owl as a roost site. The survival of the roost site could be critical to the survival of the pair of barn owls which are breeding nearby but off the application site. He advises that a letter be sent informing the applicant of the situation and suggesting that he may like to erect an owl box in the vicinity as part of the redevelopment.
I would suggest that such a letter be sent as a covering letter with the decision notice.
Options
1. To accept the terms of agreement and conditions as set out above and authorise the issue of a decision notice, with covering letter.
2. Not to issue the decision notice but to renegotiate the Heads of Agreement and conditions.
Conclusion
It is considered that the Heads of Agreement and conditions as set out above, together with the covering letter, will ensure that the development accords with the principles established when Members resolved to approve the application.
RECOMMENDATION To accept the terms of agreement and conditions as set out above and authorise the issue of a decision notice, with covering letter. |
M J A FISHER
Strategic Director Corporate and Environment Services