Agenda item

Erection of 36 dwellings with associated roads and public open space - revised layout of part of phase 4 of the Derwenthorpe development (resubmission) [Osbaldwick and Derwent Ward] [Site Visit]

Members considered a major full application by the Joseph Rowntree Housing Trust for the erection of 36 dwellings with associated roads and public open space (revised layout of part of phase 4 of the Derwenthope development) (resubmission)

Officers provided an update to Members. They advised that the National Grid had raised no objection as there were no apparatus recorded in the immediate vicinity.

They advised that Councillor Jenny Brooks,Councillor for Osbaldwick and Derwent Ward, had provided a written submission which was circulated to Committee Members. She raised the following points:

1.    A construction traffic management plan must be agreed by CYC and the developers before any construction can start;

2.    TV and speeding cameras must be installed and used for the duration of construction to ensure that JRNT/David Wilson Homes can properly enforce the construction traffic management plan;

3.    Individual householders should be compensated for noise and inconvenience of having construction traffic so close to their homes;

4.    Field 9 should be used for car parking, if used at all, as the amount of parking in other phases has proved inadequate;

5.    Objection by Internal Drainage Board was being ignored – the development should have to meet IDB specifications or be refused.

In respect of the points raised by Councillor Brooks, officers advised that a  condition could be attached to require a construction traffic management plan to be submitted for approval prior to the commencement of development of the revised Phase 4.  Having considered points 2 and 3, officers did not feel that these matters could be imposed on the developer through specific obligations and conditions.  The scheme was a revision to the approved phase 4 and would include a lesser number of houses and, as such, it would not be reasonable to require a higher provision of parking spaces than previously agreed.  The Council’s Flood Risk Management Team, as the Lead Local Flood Authority, has considered the proposal and raised no objection on flood risk grounds.

They advised that Councillor Mark Warters, also a councillor for Osbaldwick and Derwent Ward, had submitted a series of photographs taken at different locations of the site and these were circulated to Members for their information.

Officers advised that a letter had been received from JRHT’s ecology consultant providing further background about the presence of great crested newts at the site and surveys that had been undertaken.  It confirmed that, following a visit on 3^rd June, the pond remained unsuitable for great crested newts and provided a reasoned statement as to why it was considered unlikely that this species would be impacted by the development.  The revised proposals for Phase 4, including the retention of the existing pond, most of Field 9 and a new pond, would benefit biodiversity by providing a suitable habitat for common amphibians. The Council’s Countryside and Ecology Officer had considered the further information and was satisfied that this addressed any concerns regarding the potential presence of great crested newts.

In view of the above information, officers recommended an additional condition to cover a Construction Traffic Management Plan, as well as one to cover the requirement for an Ecological Design Strategy to be submitted, which was omitted from the original report.

With regard to the Section 106 Agreement, officers proposed a further obligation, that a payment is made to the occupier upon first occupation of each residential unit of a maximum of £160 towards car club incentives, including membership and drive time of the on site car club.

Joseph Rowntree Housing Trust had confirmed that it had no intention of building houses on the open land in the event that the power lines were undergrounded or taken down.  As part of the community development of Derwenthorpe, the Trust had been liaising with residents about the best way of using this space.  Suggestions have been as a wild flower meadow or community orchard/vegetable growing area.  A mix of high quality open space was considered to be a big part of the ethos of Derwenthorpe by the Trust and it aimed to create a balanced community with good access to open space. Officers advised that, if Members still had concerns about the future development of this land, which would require a separate planning permission, then a further clause could be added to the Section 106 agreement to require the land to remain as public open space.

Officers responded to questions raised regarding parking, potential for flooding during construction of the development and the route for construction traffic.

Mr Michael Jones addressed the committee on behalf of the Joseph Rowntree Housing Trust. He advised Members that approval of phase 4 of Derwenthorpe would result in 198 affordable homes in total representing over 40% affordable housing across the site with the council having 100% nomination rights ensuring those residents most in need would be given a high quality home. The homes would meet lifetime homes standards and the Trust was continuing to provide facilities and support to help foster a strong and inclusive community. Phase 4 would see the first bungalow provided on site, the vast majority of which would be affordable housing meeting a housing need which was rarely catered for. The homes would be built to high energy performance standards. He reminded Members that Derwenthorpe had been developed to include high quality outdoor space with a range of uses and the green wedge on the east edge of the site would provide publically accessible amenity space for use by the local community. The area of land to south would be enhanced with new planting and a pond for purposes of nature conservation.  In response to concerns raised about potential for flooding, he advised that Derwenthorpe was sustainably drained with all surface water finding its way through a network of pipes into the 2 attenuation ponds, which discharge into Osbaldwick Beck at a controlled rate to ensure there is no increase in flood risk off site. The attenuation ponds had been severely tested during the record rainfall in November and December 2015 and had worked well and did not reach full capacity.

Members commented that this was an exemplary development. However they expressed disappointment that Joseph Rowntree Housing Trust had not been able to underground the power cables but noted this was not part of the outline permission. They also expressed some concern about the introduction of houses into what would have been a larger area for biodiversity, thus reducing the biodiversity aspect. Members acknowledged the full and informative response which had been provided by the council’s drainage officer in response to concerns which had been raised regarding flooding.

Members noted that the Section 106 agreement would cover affordable housing provision, education, off site sports provision and sustainable travel. Members agreed that it should updated to require that the open land remained as public open space to ensure that the open land was not developed in future.

Members agreed that the landscaping condition should be amended to refer to the lifetime for the development rather than 5 years in respect of replacement planting.

It was also agreed that the construction management plan condition be amended to require that contact details were made publically available in order that residents could easily raise any concerns/issues they had during construction.

Resolved:      That on completion of a S106 legal agreement to secure affordable housing provision, education, off site sports provision and sustainable travel, a payment towards car club membership as well as the requirement for the open land to remain as public open space, as agreed by Members,  DELEGATED authority be given to Assistant Director, Development Services, Planning and Regeneration, to APPROVE the application subject to the conditions listed in the report, the additional conditions listed below for a construction management plan ( to be amended to require contact details to be made publically available) and an ecological design strategy, and subject to the landscaping plan condition being amended to refer to lifetime of the development in respect of replacement planting.

Additional Condition  (Construction Traffic Management Plan)

Prior to the commencement of any works on the site, a detailed method of works statement identifying the programming and management of preparatory and construction works shall be submitted to and approved in writing by the local planning authority.  Such a statement shall include at least the following information:

- the routing that will be promoted by the contractors to use main arterial routes and timings for construction vehicles to arrive/depart the site;

- where contractors will park;

- the location of alternative parking for school staff during the construction period when the on-site car park is not available;

- where materials will be stored within the site;

- measures employed to ensure no mud/detritus is dragged out over the adjacent highway.

Reason:   To ensure that the development can be carried out in a manner that will not be detriment to the amenity of local residents, free flow of traffic or safety of highway users. The details are required prior to commencement in order to ensure that they are in force during the whole of the construction phase of the development.

Additional Condition (Ecological Design Strategy)

No development shall take place until an ecological design strategy (EDS) addressing the mitigation and enhancement outlined in Derwenthorpe Revised Application Phase 4 – Ecological Conservation and Management Plan by AECOM and dated June 2015 (Revision 3) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination, has been submitted to and approved in writing by the local planning authority.

The EDS shall include the following;

a) Purpose and conservation objectives for the proposed works.

b) Review of site potential and constraints.

c) Detailed design(s) and/or working method(s) to achieve stated objectives.

d) Extent and location/area of proposed works on appropriate scale maps and plans.

e) Type and source of materials to be used where appropriate, e.g. native species of local provenance.

f) Timetable for implementation demonstrating that works are aligned with the proposed phasing of development.

g) Persons responsible for implementing the works.

h) Details of initial aftercare and long-term maintenance.

i) Details for monitoring and remedial measures.

j) Details for disposal of any wastes arising from works.

The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

Reason: To take account of and enhance the biodiversity and wildlife interest of the area, and comply with Section 11 of the NPPF. 

Reason:         It is considered that the other considerations set out in paragraphs 4.51 of the officer report together with mitigation of other harm through planning conditions, clearly outweigh the potential harm to the Green Belt, even when affording this harm considerable weight. This therefore amounts to the very special circumstances necessary to justify the otherwise inappropriate development.