To determine the application.
Minutes:
The committee had regard to its inspection of the site (as agreed in accordance with the Site Inspection: Policy and Procedure (Minute P19/04)) during its deliberations.
Graham Smith presented the application to Members and informed them that in addition to the update they had received a further representation of objection had been received from a resident in Upwell Road, relating to the prevention of pollution to the surrounding area. Graham advised Members that the Health and Safety Executive have been communicated with throughout the application process and have no objection to the proposal. The Council’s Environmental Health Team have also reviewed the concerns raised by the objector with regard to partial completion of the site and have concluded that planning condition 4 which is attached to the application gives the Council the authority to address the issues of partial completion and therefore the ability to deal with any contamination throughout the development and therefore the Officers recommendation is unaffected by this further representation. Graham Smith highlighted to Members that the site is contaminated and has a high pressure gas pipe which crosses the site. The application has addressed health and safety requirements and the area that must not be developed due to an exclusion zone. The Health and Safety Executive are happy with the proposal and additional conditions that are attached provide further protective measures for the pipeline. With regard to contamination it is a highly contaminated site and the contaminated land survey which has been carried out has been assessed by the Council’s Environmental Health Officer and has highlighted two planning conditions, one of which is the requirement for decontamination works and the second one is the requirement for a construction management plan, which will give the Council the ability to monitor the construction phase at it takes place. With regard to the viability assessment that the developer has submitted that the site would not be viable to provide policy compliant levels of affordable housing, however the applicant has agreed to provide a contribution towards affordable housing and works to play areas or other local amenities in West End Park.
Members received a presentation in accordance with the public participation procedure from Mr Caruso the acting agent on behalf of the Applicant. Mr Caruso explained that the proposed site was purchased in a portfolio of five sites from National Grid in 2015. The layout of the site has been designed with the help of the Health and Safety Executive and the Gas Company over many months who are both in support of the scheme. Each of the homes will have parking spaces and gardens and Gas Road will have a footpath in front of the site for the first time providing safe access for pedestrians. The Council has proposed a range of conditions to ensure the construction activity on the site is controlled to protect the local residents and workers. A contribution will be made towards local open space facilities by a legal agreement.
Councillor Connor asked for clarification on the number of homes and it was clarified as 19. Councillor Connor commented that Gas Road is a busy area and also a cycle route, nearby to a school and asked whether the developer would avoid these busy times when deliveries were made to the site. The Developer confirmed he is happy to work with the planning team to come to an agreement concerning hours of works.
Graham Smith clarified that contained within the construction management plan there would be a condition where it stipulates working hours and delivery times to be adhered to.
Councillor Mrs Laws stated that when considering traffic management it is not only just the hours that need to be considered which should include no Sunday working and no bank holiday working.
Members made comments, asked questions and received responses as follows:
· Councillor Murphy asked for clarification as to whether the decontamination works would be supervised throughout the whole process as it is a very expensive project to carry out and he would not like to see any cost cutting or cut corners taking place. Graham Smith clarified that the significant issue of this application is that of the contamination and that is why the planning conditions are so detailed. There is a four page informative which sets out the management plan should be implemented and details the recommendations and advice from the Environmental Health Officer. Councillor Murphy asked whether alongside the informatives, will there be an Officer monitoring the works as they are carried out. Graham Smith stated that in planning terms there are Enforcement Officers and it will down to them to monitor the planning conditions and works alongside our Environmental Health Officers, HSE and the Environment Agency. David Rowen stated that in condition 4, part c of that condition requires the works to be carried out in full under a quality assurance scheme to demonstrate the compliance and therefore if the compliance of the agreed methodology does not occur then in fact that condition does not comply and is not discharged and will therefore cause the developer issues when the site needs to be signed off. Mr Harding added that at the end of the decontamination process the site has to be inspected and tested again and reported on to make sure it is fit for purpose.
· Councillor Mrs Laws added she has a concern regarding electric cabling and asked whether there is cabling on site. Graham Smith stated that he is not aware of any cabling but there is a sub-station.
· Councillor Connor stated that he is familiar with the site and he is aware that there are no cables there and he is reassured to hear that the decontamination will be handled in the correct manner.
· Councillor Mrs Davis referred to comments made by a resident where they have observed a continuous hissing noise coming from the major accident high pressure pipe line on the adjoining piece of land as well as a smell of gas and Councillor Mrs Davis asked whether the gas company have been spoken to. Graham Smith stated that they have responded with regard to the application details but they haven’t referred specifically to that issue and that will be followed up with the gas company.
· Councillor Sutton stated that he thinks the bill for the decontamination will be huge. He stated he is pleased to see that the Agent and Developer have been working well with the planning department and he welcomes the application.
· The Chairman commented that according to the drawing there is a yellow hatching non construction area and he is concerned that the adjacent properties to that hatched area there appear to be no garages and wonders whether it would be possible to add a note to the planning approval where it stipulates that no garages could be constructed in this area in the future. Graham Smith commented that condition 13 removes the permitted development rights. The Chairman stated that on occasions people go ahead and build garages without planning permission and would like an informative added highlighting that point. Graham Smith agreed that this would be added.
· Mr Harding commented that during the Members deliberations there was a discussion concerning delivery and timings of materials being delivered to the site and feels that an informative can be added to say that any construction management plan that is submitted for discharge of condition should state that any delivery to the site should avoid the school drop off and collection times and also Members had mentioned to avoid Town Centre events, however, Mr Harding said this would be more difficult to do as we are unsure when the development will commence and therefore we are unsure going forward when events will be scheduled for therefore this will be unrealistic to include this into any condition or informative or construction management plan.
· The Chairman stated that the Developer needs to be mindful of any road signs which detail road closures.
· Councillor Mrs Laws asked for bank holidays and no Sunday working to also be included.
· Councillor Connor stated that this could be delegated to Officers.
· Mr Harding clarified that the construction management plan as a rule states that the hours of construction exclude Sundays, Saturday afternoons and bank holidays, however the addition to the informative will remind the case officer dealing with the discharge of planning condition and also the applicant that when they prepare the Construction Management Plan it should state that deliveries should avoid those specific hours.
· Councillor Sutton asked Officers of the need to put the informative on for Middle Level and the relevant Internal Drainage Board.
Proposed by Councillor Murphy, seconded by Councillor Hay and decided that the application be:
APPROVED as per the Officer’s recommendation and that informatives be added to cover the following points:
1) To note that on the grounds of health and safety some permitted development rights have been removed for some plots.
2) The Construction Management Plan should make provision so that deliveries are not made during school drop off and collection times.