APPLIC REF NO 2015/45/ST
DATE RECEIVED
30/01/2015
CASE OFFICER
John Krawczyk
DATE OF EXPIRY
04/05/2015
WARD
Berry Hill
WARD COUNCILLOR
Cllr Andrew Tristram
APPLICANT
THE LINDHURST GROUP
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------LAND ADJACENT TO THE A617 MANSFIELD ASHFIELD
REGENERATION ROUTE (MARR) BETWEEN NOTTINGHAM
ROAD AND SOUTHWELL ROAD WEST MANSFIELD NG18 4
APPLICATION FOR THE APPROVAL OF RESERVED
MATTERS
(PHASE
1,
INFRASTRUCTURE
AND
EARTHWORKS) FOLLOWING APPROVAL OF DEVELOPMENT
OF 169.3 HECTARES OF LAND FOR EMPLOYMENT,
COMMERCIAL, RESIDENTIAL, RETAIL, HEALTHCARE,
COMMUNITY,
EDUCATIONAL
AND
LEISURE
USES
INCLUDING THE PROVISION OF A NEW PRIMARY SCHOOL,
LOCAL CENTRE, COMMUNITY PARK, LANDSCAPING,
HABITAT CREATION AND INFRASTRUCTURE INCLUDING
ROADS, DRAINAGE AND SERVICES. (2010/0089/ST)
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT APPROVAL OF RESERVED MATTERS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
This application has been referred to Planning Committee as more than 3
objections to the proposal have been received.
This application proposes the approval of reserved matters for infrastructure
and earthworks following the granting of outline planning permission for an
urban extension on land adjacent to the Mansfield Ashfield Regeneration
Route (MARR). The application proposes a central spine road through the site
with associated earthworks to facilitate the construction of the spine road.
Other earth works include the digging out of a balancing pond to the northern
part of the site as part of the sustainable urban drainage system across the
site.
The spine road would utilise the accesses that were previously approved as
part of the outline planning permission to Old Newark Road to the west,
Adamsway to the centre of the site, the MARR to the south and Southwell
Road West to the east. The proposed road would run centrally through the
site with Old Newark Road being made up to an adoptable standard to the
north-east of the site. Some trees and hedgerows throughout the site would
be removed to facilitate the works.
RELEVANT SITE HISTORY
2010/0089/ST - Outline planning application (including the reserved matter of
access) for the development of 169.3 hectares of land for employment,
commercial, residential, retail, healthcare, community, educational and leisure
uses including the provision of a new primary school, local centre, community
park, landscaping, habitat creation and infrastructure including roads,
drainage and services.
OBSERVATIONS RECEIVED
Throughout 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.
Nottinghamshire County Council Highways
No objection
The position of the access point to the site has already been established by
planning permission 2010/0089/ST.
The horizontal alignment/geometry indicated on the above drawing has been
agreed in principle, with Nottinghamshire CC design engineers and
fundamentally complies with required highway design parameters. Therefore,
the Highway Authority would not formally object to this proposal. The Highway
Authority would recommend the Local Planning Authority requests details of
the required forward visibility splays for the curves and site stopping distances
for the islands affect the spine road.
The Highway Authority welcomes the introduction of sinuous curves,
additional roundabouts and pedestrian refuges to the spine road which will
assist with traffic management and vehicle speed control
The technical audit process for the Section 38/278 adoption agreement is still
on-going with the Highway Authority. It is acknowledged that the terraced
earthworks are required to facilitate the construction of the road, but these
may need minor localised adjustment to achieve an acceptable vertical
alignment. It is recommended that the embankment slopes are graded to form
gentler slopes which will assist with the development of the individual parcels
of land and their design interface with the spine road.
The Highway Authority advises that as adjacent parcels of land are developed
and new access points established, each application will be individually
appraised on a site by site basis to ensure they meet the required design
standards.
Overall, the Highway Authority offers no highway objections. This is subject to
the above issues being addressed and the assessment of the detail required
to complete the Section 38/278 Agreements.
Natural England
No objection
This application is in close proximity to Rainworth Lakes, Rainworth Heath
and Strawberry Hills Heath Sites of Special Scientific Interest (SSSIs). Natural
England is satisfied that the proposed development being carried out in strict
accordance with the details of the application, as submitted, will not damage
or destroy the interest features for which the sites have been notified. We
therefore advise your authority that these SSSIs do not represent a constraint
in determining this application. Should the details of this application change,
Natural England draws your attention to Section 28(I) of the Wildlife and
Countryside Act 1981 (as amended), requiring your authority to re-consult
Natural England.
Members of the public
10 letters of objection from the occupiers of dwellings of 5,11 and 23 Old
Newark Road, 26 and 30 Dorchester Drive, 6 Chatsworth Close, 50, 52 and
66 Chatsworth Drive and 2 Padstow Close. These objections can be
summarised as follows;
-
Major concerns regarding congestion on major junctions
The MARR route will not be able to withstand the extra traffic
The junction plan shows a left turn only from the access road from the
spine road onto Old Newark Road which is unacceptable
The plan showing the spine road ending before Old Newark Road is
disingenuous
There are numerous examples of commercial land in the area that has
not been developed
Where will the affordable homes be positioned?
The development will not create long-term employment as people
would commute elsewhere
Lack of independent scrutiny being applied in respect of the ecological
impacts, in particular breeding birds
No details of the proposed office building at the A60 – MARR section of
the development
The environmental barrier should be increased in size and the trees in
be planted immediately with relatively mature trees and shrubs.
When will work commence and be completed?
Concern regarding impact upon property value
The proposed junctions should not have been approved
-
No details how the spine road will impact upon the access to Old
Newark Road
The plans do not indicate the logic or significance of the plot numbering
The precise extent of the green corridor between Old Newark Road
and the site is not indicated
There is a historic oak tree to the northern edge of the site which is not
mentioned
How will dust and sand be prevented from affecting neighbouring
occupiers
How will construction traffic enter and access the site
There has been no information regarding the structure of the Lindhurst
Development Company
A beautiful and distinctive landscape will be spoilt by building on the
site
Mansfield requires more attractive sights such as this landscape
The roundabout off the MARR route would generate noise, disturbance
and light pollution
The proposed spine road would increase the volume of traffic down the
unmade Blackscotch Lane
Future development would be unpleasant to look at and create a loss
of privacy due to the contours of the land
Groundworks may result in property damage’.
How will access along Blackscotch Lane to Harlow Wood be affected?
POLICY & GUIDANCE
National Planning Policy Framework 2012
Section 4 – Promoting sustainable transport
Section 7 – Requiring good design
Mansfield Local Plan
Saved Policy DPS2 (28/09/07) – This policy aims to ensure development is
concentrated in the most sustainable locations.
Saved Policy BE1 (28/09/07) – This policy aims to ensure developments
achieve a high standard of design.
Saved Policy NE12 (28/09/07) – States that proposals likely to affect Sites of
Special Scientific Interest (SSSI) will be subject to special scrutiny.
Saved Policy NE16 (28/09/07) – States that planning permission will not be
granted for developments which have an adverse impact upon protected
species.
Saved Policy M16 (28/09/07) – Sets out the criteria that new developments
need to meet in relation to the highway network.
ISSUES
The principle of the development has been established by outline planning
permission reference 2010/0089/ST with The Secretary of State having
confirmed that he should not intervene in this proposal through calling the
application in and The Court of Appeal has dismissed the challenge of
granting the planning permission through judicial review. Therefore the impact
of the road and earthworks themselves can only be considered.
The main issues to consider with this application are;
1)
2)
3)
4)
5)
The impact upon highway safety
The impact upon visual amenity
The impact upon residential amenity
The impact upon habitats and protected species
Other matters
1) The impact upon highway safety
The proposed spine road would run across the whole site, providing access to
the development plots. The road has been designed to reduce the speed of
traffic through the site. Nottinghamshire County Council have not raised any
objection to the proposal and have welcomed the introduction of sinuous
curves to the spine road as well as additional roundabouts and pedestrian
refuges to the spine road which will assist with traffic management and
vehicle speed control. The Highway Authority does recommend that the
embankment slopes are graded to form gentler slopes which will assist with
the development of the individual parcels of land and their design interface
with the spine road and this will be considered as each plot is developed. The
access points for each plot along with the internal highway layout will be
individually appraised on a site by site basis to ensure they meet the required
design standards
Concern has been raised regarding the impact of the overall development
upon the surrounding highway network and with regard to the proposed
junction to the north-western corner of the site at Old Newark Road. These
matters were previously considered in determining the outline planning
application, with accesses having been approved, and therefore are not under
consideration with this application.
2) The impact upon visual amenity
The cut and fill model demonstrated by the submitted site sections and
balancing pond detail ensures that excavations on site for the formation of the
balancing pond and to achieve the necessary highway and building levels
across the site of the reserved matters application would not require additional
material to be brought onto the site. It will be necessary to grade the level of
the spine road to reduce height over the existing ground levels in some
sections along the spine road by nearly 5m. From the proposed spine road
the levels will generally grade down to the existing ground levels in a northerly
direction and upwards in a southerly direction. Earthworks to change land
levels across the site are proposed to allow the construction of the spine road
and to allow access into the development plots. It is considered that the
proposed land grading and resulting topography itself would be appropriate
and the finished ground levels and floor levels of any built development would
be considered as part of any future reserved matters applications to develop
the plots.
3) The impact upon residential amenity
The proposed spine road would link with previously approved accesses to the
site and would not prejudice any existing occupiers from accessing their
properties. Whilst the construction of site accesses and spine road would
inevitably have an impact upon surrounding occupiers, many of whom
currently enjoy a more rural outlook, however the principle of development on
this site has now been established and points of access, including that on to
Old Newark Road, approved.
Some concerns have been raised regarding the lack of detail in respect of the
built development itself but, as previously stated, the exact design, layout and
appearance including the finished ground levels and floor levels of any built
development would be considered as part of any future reserved matters
applications to develop the plots on later phases and a thorough assessment
of the impact upon the residential amenity enjoyed by neighbouring properties
can be made.
Concern has been raised regarding noise and dust from any construction
works on the site. Noise and dust will be required to be minimised and
mitigated by the developer in accordance with the Construction Management
Statement required by condition 34 of the outline planning permission.
4) The impact upon habitats and protected species
The applicant has submitted a comprehensive Green Infrastructure
Biodiversity Management Plan, Arboriculutral Survey, Ecological Appraisal
and Bat and Bird Surveys. In respect of the trees and landscaping within the
application site, a number of trees and hedgerows are proposed to be
removed. It is considered that the removal of the trees is necessary to enable
the development of this strategic phase of development with the most
prominent trees, largely to the northern boundary of the site being retained. A
hedgerow evaluation has also been undertaken which demonstrates that the
best quality and most important hedgerows will be retained as part of the
development. It is considered that the strategic green infrastructure and the
landscaping within the development plots would fully mitigate against the loss
of the trees and hedgerows.
The impact of the development upon protected species, including bird
populations, was assessed at outline stage with the development considered
not to have an unacceptable impact in this respect. Further survey work has
been undertaken, including a Breeding Bird Report and Bat Report which
demonstrate there would not be a detrimental impact upon protected species.
Natural England have stated they have no objections to the proposal as the
development proposed would not impact upon the nearby Sites of Special
Scientific Interest of Rainworth Lakes, Rainworth Heath and Strawberry Hills
Heath.
5) Other matters
Concerns have been raised regarding the impact of the development upon
property values and lack of information in respect of the structure of the
Lindhurst Development Company, however these are not material
considerations in the determination of this application.
It is understood that public access along Blackscotch Lane Bridleway will not
be removed.
CONCLUSION
The proposal, as restricted by conditions, is considered to achieve an
acceptable highway layout which is in accordance with the National Planning
Policy Framework and Saved Policies BE1 and M16 [28/09/2007] of the
Adopted Mansfield District Local Plan [1998], meeting the relevant objectives
and criteria. It is considered that the development would not have a
detrimental impact upon highway safety, the amenity of the surrouning area,
would not be detrimental to the amenity of the occupiers of nearby dwellings
and would not have a detrimental impact upon ecology or protected species.
It is therefore recommended that the approval of reserved matters be granted
in accordance with the conditions outlined below.
RECOMMENDED CONDITIONS/REASONS/NOTES
(1) Condition: This permission shall be read in accordance with the submitted
application and the following plans / details:
Site Location Plan, received 2 February 2015
Spine Road Layout Plan, Drawing No. 0103 Revision A02, received
February 2015
Proposed Contours and Sections, Drawing No. 003 Revision A03, received
February 2015
Proposed Contours and Sections, Drawing No. 004 Revision A03, received
February 2015
Proposed Contours and Sections, Drawing No. 005 Revision A05, received
February 2015
Proposed Contours and Sections, Drawing No. 006 Revision A05, received
February 2015
2
2
2
2
2
Proposed Spine Road Section and Details, Drawing No 020 Revision A02,
received 2 February 2015
Attention Pond Details, Drawing No. 025 Revision A01, received 24 February
2015 Ground Investigation Report, received 2 February 2015
Green Infrastructure Biodiversity Management Plan, received 2 February
2015
Bat Survey Report, received 2 February 2015
Arboricultural Assessment, received 2 February 2015
Breeding Bird Survey Report, received 2 February 2015
Ecologicial Appraisal, recueved 2 February 2015
(1) Reason: To define the permission, for the avoidance of doubt.
Positive and Proactive Working Statement
The application as submitted is considered to be acceptable and did not
require the local planning authority to work positively and proactively with the
applicant to seek solutions to problems arising from the application.