Agenda item

RESOLVED

RESERVED MATTERS BE GRANTED, subject to the following conditions and an additional INFORMATIVE which will advise that future developments related to the hereby approved road should be designed to minimise the reliance upon on street parking. The final wording to be agreed by the Head of Development Management in consultation with Councillors Bullivant and MacGregor.

1. Development in accordance with approved plans

REASON: To ensure compliance with the approved drawings.

2. Landscaping implementation

Notwithstanding the hard and soft landscaping details shown on Green Infrastructure and SuDS proposals drawings numbered PERSW24830-11B 1of 2, PERSW24830-11B 2 of 2, and PERSW24830-12B, full details of the sizes, locations, specifications and maintenance strategy for the tree pits and rainwater garden annotated on PERSW24830-11B 2of2 shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority and Devon County Council Highway Authority.

In all other respects, the approved hard and soft landscaping scheme shall be carried out strictly in accordance with the approved details submitted on the approved Green Infrastructure and SuDS proposals drawings numbered PERSW24830-11B 1of2, PERSW24830-11B 2of2, and PERSW24830-12B.

All approved hard and soft landscaping, including the SuDS and Green Infrastructure proposals, shall be completed and thereafter managed and maintained in accordance with a timetable of implementation previously approved in writing by the Local Planning Authority.

Thereafter, following substantial completion of the development hereby permitted, all soft landscape works shall be protected, managed and maintained in accordance with the approved details and to a standard in accordance with the relevant recommendations of British standard 4428 1989 Code of Practise for general landscape operations. Soft landscape maintenance details shall include the frequency of site visits and timings of general operations such as plant inspections, weed control, watering, fertiliser application, mulching and grass cutting.

REASON: To ensure the provision, establishment, management and maintenance of landscaping in order to protect the character and appearance of the area; to ensure the well-being of any retained trees and hedges and the continuity of tree cover; and to ensure the environment of the development is improved and enhanced.

3. Replacement planting

If within a period of ten years from the date of implementation and completion of the approved soft landscaping scheme, should any part of the soft landscaping be removed, uprooted or destroyed, or dies, or becomes, in the opinion of the Local Planning Authority seriously

damaged or defective, it shall be replaced by planting as originally approved, unless the Local Planning Authority gives its written approval to any variation. This replacement planting shall be undertaken before the end of the first available planting season (October to March inclusive for bare root plants), following the removal, uprooting, destruction or death of the original trees, hedges or other planting.

REASON: To ensure the provision, establishment, management and maintenance of landscaping in order to protect the character and appearance of the area; to ensure the well-being of any retained trees and hedges and the continuity of tree cover; and to ensure the environment of the development is improved and enhanced.

4. Surface Water Drainage implementation

Prior to commencement of vehicular use of the highway, or such other alternative timeframe as may previously be agreed in writing by the Local Planning Authority, the surface water drainage scheme shall have been carried out and completed in accordance with the details indicated on the approved drawings. Thereafter the approved drainage scheme shall be retained and maintained and kept free from any blockages of silt, mud or other debris preventing the free flow of surface water throughout the approved drainage infrastructure network.

REASON: To ensure the provision and future maintenance of a satisfactory drainage infrastructure scheme to prevent unacceptable overland surface water run-off and flooding of future adjoining residential property, play areas, highway infrastructure and other land uses.

N.B. The conditions attached to the outline permission, and the obligations secured under the S106 legal agreement dated 17th July 2020 remain applicable.

Informative request from the Environment Agency – Environmental Permit

The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities which will take place:

•              on or within 8 metres of a main river (16 metres if tidal)

•              on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)

•              on or within 16 metres of a sea defence

•              involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert

•              in the flood plain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission

Several planning conditions that were attached to the outline planning permission, as applicable to that part of the Langford Bridge site the subject of this current ‘reserved matters’ application, remain outstanding and undischarged. The following conditions must be discharged prior to the commencement of this infrastructure phase of development, namely:

•              Condition 12 - Surface Water Drainage

•              Condition 13 – Trees

•              Condition 14 - Biodiversity

•              Condition 17 – Construction Environmental Management Plan (CEMP): Biodiversity

•              Condition 18 – Landscape and Ecological Management Plan (LEMP)

•              Condition 20 – Submission of Scheme, Implementation, Verification, Reporting Unexpected Contamination

•              Condition 21 - Construction Environmental Management Plan (CEMP): Construction

•              Condition 23 - Foul Water

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In addition, the following condition must be discharged prior to any installation of external lighting on this phase of the development, namely:

•              Condition 16 – Control of External Light Spill to Maintain Dark Areas on Site and in Surrounding Areas – Prior to Installation