Alistair Flatman Planning
C/o Mr Alistair Flatman
24 West End Grove
Horsforth
Leeds
West Yorkshire
LS18 5JJ	Your Ref:	
Contact:	Mr Calum Rowley
Email:	calum.rowley@eastriding.gov.uk
Tel:	(01482) 393748
Date:	22 January 2020

Application No: 18/03559/PLF	
Case Officer: Mr Calum Rowley

NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990

Proposal:	Erection of 43 dwellings and associated infrastructure	
Location:	Land South West Of The Marshes Medical Centre, Butt Lane, Snaith, East Riding Of Yorkshire, DN14 9QU, 	
Applicant:	Midlands Construction Services Ltd	
Application type:	Full Planning Permission	

The above application has been considered by the Council in pursuance of their powers under the above mentioned Act and has been APPROVED, in accordance with the terms and details as submitted, subject to the following conditions:

 1.	The development hereby permitted shall be begun before the expiration of three years from the date of this permission.	
		
	This condition is imposed in order to comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 and in order to ensure that the Local Planning Authority retains the right to review unimplemented permissions.

 2.	Notwithstanding any details shown on the submitted plans and forms, no development shall take place above damp proof course until details of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.	
		
	This condition is imposed in accordance with policies ENV1 and ENV3 of the East Riding Local Plan and because it is considered that the use of inappropriate materials could be harmful to the appearance of the area and that the Council therefore needs to retain a measure of control. 

 3.	All soft landscaping comprised in the approved plans shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority. 	
		
	This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan and because a well-designed landscaping scheme can enhance the living environment of future residents, reduce the impact of the development on the amenities of existing residents and help to integrate the development into the surrounding area.

 4.	The screen walls and/or fences shown on the approved plans shall be erected prior to the first occupation of the dwelling(s) hereby permitted and shall be retained and maintained for the lifetime of the development. 	
		
	This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan and in order to prevent overlooking and loss of privacy to neighbouring property.

 5.	Development shall not begin on site until details of the layout, drainage, construction, services and lighting of the proposed access roads including the junction with Butt Lane and the footway improvements on Butt Lane have been submitted to and approved in writing by the planning authority.	
		
	This condition is imposed in order to secure the provision of a development constructed to standards that will enable the infrastructure to be adopted as publicly maintainable highway, be constructed to the principles and initiatives of Manual for Streets, and to ensure that a safe access to the development is provided in the interest of road safety.	

 6.	Unless otherwise agreed in writing with the Local Planning Authority no dwelling on the site shall be occupied until that junction and that part of the street which provides access to it has been constructed and lit from the junction with the public highway in accordance with the submitted plans.	
		
	This condition is imposed in order to secure the provision of an adequate access to occupied dwellings.

 7.	No dwelling shall be occupied until the vehicular access has been provided and space has been laid out within the site curtilage for motor cars to be parked in accordance with the submitted plan "Proposed Site Layout Plan" (Dwg. No. 1558-101 Rev S). Provision shall thereafter be retained for the parking of these motorcars and not used for any other purpose. 	
		
	This condition is imposed in order to ensure satisfactory vehicular and pedestrian access and to ensure that reasonable and adequate space is provided within residential curtilages to meet normal parking demands and avoid the need for vehicles to park on the highway where they could adversely affect the safety of other highway users.

 8.	Unless otherwise agreed in writing with the Local Planning Authority no dwelling shall be occupied until the footway improvements, including the provision of the footway fronting the development on Butt Lane, the provision of a new section footway on Butt Lane between the site and no 26 Butt Lane and the tactile crossing point on Butt Lane have been carried out in accordance with plans to be submitted to and approved in writing by the Planning Authority.	
		
	This condition is imposed to promote the use of sustainable modes of transport in accordance with current policy on sustainable development and in order to secure the provision of an adequate access to occupied dwellings in the interests of highway safety.

 9.	No dwelling shall be occupied until details of secure cycle parking have been submitted to and approved in writing by the Planning Authority and these facilities provided on site. The cycle parking facilities shall thereafter be retained for use by the occupants at all times.	
		
	This condition is imposed in accordance with policy ENV1, S8 and EC4 of the East Riding Local Plan and in order to ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicle	

10.	Prior to the commencement of the development details shall be submitted to and approved in writing by the Planning Authority showing the provision of the temporary vehicle parking, loading, off-loading and manoeuvring facilities for the contractors carrying out building and construction works on the development and no other building or construction works shall be commenced until the temporary vehicle parking, loading, off-loading and manoeuvring facilities have been provided and used by contractors in accordance with the approved details. The approved vehicle parking, loading, off-loading and manoeuvring facilities shall be retained and used by contractors during the construction of the buildings on the development	
		
	This condition is imposed to secure adequate parking, servicing, manoeuvring, loading and off-loading facilities within the site during the construction period of the development for contractor's vehicles in the interest of road safety.

11.	Works shall not commence on site until wheel cleaning facilities have been provided within the curtilage of the site in accordance with details to be submitted to and be approved in writing by the Local Planning Authority and this facility shall be retained and used by vehicles leaving the site for the duration of the works. 	
		
	This condition is imposed in order to assist in preventing detritus and other material being deposited on the publicly maintainable highway to the detriment of other road users.

12.	No development or other operations shall commence on site until a scheme (hereinafter called the "Approved Tree Protection Scheme") which provides for the retention and protection of trees, shrubs and hedges growing on or adjacent to the site, has been submitted to and approved in writing by the Local Planning Authority. Such approved scheme shall be in accordance with the guidance set out in BS5837. 2012 Trees in relation to design, demolition and construction Recommendations or such other equivalent or higher standard as in force at the time of submission of the scheme for approval. 	
		
	No development or other operations shall commence until the protection works required by the "Approved Tree Protection Scheme" are in place. The approved tree protection works shall remain in place throughout the development of the site and until all temporary buildings, plant, machinery and surplus construction materials have been removed from the site. Protective fencing or any other approved protective measures installed pursuant to the Approved Tree Protection Scheme shall be retained intact throughout the period referred to above and shall not be breached, removed or repositioned without the prior written approval of the Local Planning Authority. No excavations for services, storage of materials, plant or machinery, parking of vehicles, deposit or excavation of soil or rubble, lighting of fires or disposal of waste or surplus construction materials or liquids, shall take place within any area designated as being fenced off or otherwise protected pursuant to the "Approved Tree Protection Scheme".	
		
	NB: For the purposes of this Condition "other operations" means any site preparation works, demolition, clearance of the site, soil moving, temporary access construction, widening or alterations to any existing access, delivery to the site of materials, plant or machinery, erection of hoarding or screening on or around the site, use of motorised vehicles, plant or machinery, installation of temporary buildings in connection with the development, felling, pruning or removal of any tree, shrub or hedge	
		
	This condition is imposed because the Council is under a statutory obligation when considering planning applications to consider whether it is necessary to take steps to preserve existing trees. There are existing trees within or in the vicinity of the site and these contribute to the character and appearance of the area. It is important that they are protected from damage before, during and after construction works.	

13.	Within the protected areas as indicated on the approved plans, driveways and temporary hard surfaces must be built entirely above existing ground level only where levels make this practical without any excavation. The surfaces shall comply with the guidance contained in Arboricultural Practice Note "APN12 Through The Trees To Development". No cultivation or removal of topsoil shall take place within these protected areas. Existing vegetation to be removed shall be cut close to ground level and killed with herbicides.	
		
	This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan and in order to ensure that damage does not occur to the trees during building operations.	

14.	The windows to be created in the first floor side (northern) elevations of plots 26 and 27 hereby approved serving en-suites shall be glazed in obscure glass and shall be non-opening below a height of 1.7 metres measured from the internal finished floor level before the development hereby approved is first brought into use, and shall not thereafter be altered without the prior express consent in writing of the Local Planning Authority.  (Replacement of the glass with glass of an identical type would not necessitate the Council being notified.) 	
		
	This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan because the Local Planning Authority consider that if plain glass was to be used in this location, the amenities of the adjacent dwelling(s) would be adversely affected due to overlooking.	
		
	NB.  Obscure glazing to satisfy this condition should be a minimum of Pilkington Privacy Level 3 or equivalent.

15.	No development shall take place on site until a scheme for the discharge of surface water from the site, incorporating a sustainable drainage system and associated management and maintenance plan, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied/brought into use until surface water drainage has been constructed in accordance with the approved scheme, and shall be managed and maintained in accordance with the approved plan. 	
		
	This pre-commencement condition is imposed in accordance with policy ENV6 of the East Riding Local Plan and to prevent the increased risk of flooding and to prevent pollution of controlled waters by ensuring the provision of a satisfactory means of surface water disposal.

16.	The site shall be developed with separate systems of drainage for foul and surface water on and off site.	
		
	This condition is imposed in the interest of satisfactory and sustainable drainage.

17.	No dwelling shall be occupied until a scheme for the surfacing of the Public Right of Way to the north of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented as approved within three months of the approval. 	
		
	This condition is imposed to ensure the PROW is maintained to an appropriate standard.

18.	Any boundary treatment to the north of the Amenity Green Space and Equipped Play Area adjacent to the Public Right of Way, as shown on drawing number 1558-101 Rev S, shall not exceed 1.2 metres in height.	
		
	This condition is imposed to ensure the PROW is maintained to an appropriate standard.

19.	No external lighting of the Public Rights of Way within the site shall be undertaken without the prior written consent of the Local Planning Authority. Any approved works shall be undertaken in accordance with the approved details and thereafter retained. 		
		
	This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan and in order to ensure that the visual amenities of the area are not adversely affected by light spillage and the PROW is maintained to an appropriate standard.

20.	The development shall be carried out in full accordance with the submitted Flood and Drainage Assessment prepared by CoDa Structures and dated 17 January 2019 and the following mitigation measures it details:	
		
	a.	The proposed finished floor level should be set at least 0.15 and ideally 0.3 above the existing ground level;	
	b.	The external levels around the development should be set to route any potential overland flood waters around the proposed building to the southeast as the existing situation.	
		
	These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.	
		
	This condition is imposed in accordance with policy ENV6 of the East Riding Local Plan and in the interests of flood prevention.

21.	No development shall take place until the applicant, or their agents of successors in title, has implemented a mitigation strategy in order to secure the preservation of the archaeological remains. This should be undertaken in accordance with an approved written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority. Development shall be carried out in accordance with the approved details and to comply with Policy ENV3 of the East Riding Local Plan 2016. 	
		
	The archaeological programme should include: 	
		
	i)	An assessment of the impact of the proposed development on the known archaeological remains. 	
	ii)	 Proposals for the preservation in-situ, or for the investigation, recording and excavation of archaeological remains and the publication of findings 	
	iii)	The programme of post-investigation assessment of the results of the on-site archaeological work 	
	iv)	Provision to be made for the analysis of the site investigation and recording, following the post-excavation assessment, where results justify this. 	
	v)	Provision to be made for the publication and dissemination of the analysis and records of the site investigation, where results justify this. 	
	vi)	Full provision to be made for archive deposition of the analysis and records of the site investigation. 	
	vii)	Nomination of a competent person or persons/organisation to undertake any archaeological work as set out in an agreed written scheme of investigation. Sufficient notification and allowance of time to archaeological contractors nominated by the developer to ensure that any archaeological fieldwork is completed prior to the commencement of development. 	
		
	The programme shall be carried out as approved, unless otherwise agreed in writing beforehand with the Local Planning Authority (to protect archaeological interests; to comply with Policy ENV3 of the East Riding Local Plan and guidance with the National Planning Policy Framework 2019. 	
		
	This pre-commencement condition is imposed in accordance with policy ENV3 of the East Riding Local Plan and in order to provide a reasonable opportunity to record the history of the site which site lies within an area of archaeological interest and where evaluation work on the application plot has highlighted probable Iron Age, Romano-British and medieval remains. 	

22.	The development hereby permitted shall be carried out in accordance with the following approved plans:	
		
	1558-100 Rev 5 - Location Plan - received 14 May 2019	
	1558-101 Rev S - Site Plan Sections - received 18 June 2019	
	1558-102 Rev E - Site Sections A to D - received 14 May 2019	
	1558-103 Rev G - House Types AB, BB and C - received 14 May 2019	
	1558-104 Rev F - House Types D, E and F - received 14 May 2019	
	1558-105 Rev F - House Types G, GV and H - received 14 May 2019	
	1558-106 Rev F - House Types JJ and Garages - received 14 May 2019	
	1558-108 Rev E - House Types BAB, C(H) and D(H) - received 14 May 2019	
	1558-109 Rev E - House Types E(H), FV and GV(H) - received 14 May 2019	
	1558-110 Rev E - House Types HH(H0 and AAK - received 14 May 2019	
	1558-111 Rev L - Vehicle Tracking and Visibility - received 06 June 2019	
	1558-112 Rev B - House Types K(H) - received 14 May 2019	
	1558-113 Rev E - Vehicle Tracking and Parking - received 06 June 2019	
	2960/2 Rev D - Detailed Landscape Proposals - received 12 June 2019	
		
	This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan and for the avoidance of doubt and to ensure that the development hereby permitted is carried out in accordance with the approved details in the interests of the character and amenity of the area and the provisions of the development plan.	

Notes for Applicant/Agent:

The Applicant/Agent must contact the East Riding of Yorkshire Council's Streetscene Services (Highways), Becklands Park Depot, Becklands Park, Market Weighton, YO24 3GA, tel: 01482 395739 regards the construction and specification of the proposed vehicular accesses and footway works before any works are commenced on the public highway.

These works on Butt Lane will require entering into a Section 62 agreement under the Highways Act 1980.

There is normally a three month period associated with traffic management act notifications therefore contact with D. Richards 01482 393939 is advised to discuss your proposals. A Section 38 Agreement (Highways Act 1980) will be required for the potentially adoptable highway infrastructure within the site and therefore details of the layout, drainage, construction, services and street lighting if the proposed residential development will be required if the highway infrastructure is intended to be eligible for adoption as publicly maintainable highway, all to be submitted once planning permission is granted. It is contrary to section 163 of the Highways Act 1980 for surface water from private development/dwellings to drain onto the highway or discharge into the highway drainage system. The development and individual driveways shall therefore be so designed and constructed that surface water from the development shall not be permitted to drain onto the highway or into the highway drainage system.

PROW - You will need to liaise with the Public Rights Of Way and Countryside Access Team if any part of the Public Rights of Way are impacted upon during construction of the development.

Relevant Planning Policies

East Riding Local Plan Strategy Document (ERLP SD) (April 2016)

Policy S1 Presumption in favour of sustainable development
Policy S2 Addressing climate change 
Policy S3 Focusing Development
Policy S5 Delivering housing development
Policy H1 Providing a mix of housing and meeting needs
Policy H4 Making the most efficient use of land
Policy ENV1 Integrating high quality design
Policy ENV6 Managing environmental hazards
Policy EC4 Enhancing sustainable transport
Policy A4 Goole and Humberhead Levels Sub Area

East Riding Local Plan Allocations Document (July 2016)

SNA-C - Land South of South Parkway (1.58ha)

National Planning Policy Framework (2019)

In making this decision the Council has followed the requirements in paragraph 38 of the National Planning Policy Framework.

22 January 2020

Signed 

Stephen Hunt MRTPI
Head of Planning and Development Management

NOTES TO ACCOMPANY THIS DECISION

Appeals to the Secretary of State
If you are aggrieved by this decision you can appeal to the Planning Inspectorate.  Appeals can be made online at: https//www.gov.uk/planning-inspectorate.  If you are unable to access the online appeal form, please contact the Planning Inspectorate to obtain a paper copy of the appeal form on telephone number: 0303 444 5000.

Appeals must be made on the correct forms relating to the type of application you submitted.  Information provided as part of the appeal process will be published online.  

If you wish to appeal against a decision relating to:

•  Householder applications -  appeals must be made within 12 weeks of the date of this notice;
•  Minor commercial applications -  appeals  must be made within 12 weeks of the date of this notice;
•  Advertisement  consents - appeals must be made within 8 weeks of the date of this notice;
•  Any other type of application – appeals must be made within 6 months of the date of this notice.

Appellants requesting an inquiry into their appeal must notify the Local Planning Authority and Planning Inspectorate at least 10 days prior to appeal submission.

Please note - If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, you must appeal within 28 days of the date of this notice.

If an enforcement notice is served relating to the same land and development as in your application, you must appeal within 28 days of the date of service of the enforcement notice or within 6 months 
(12 weeks in the case of a householder appeal) of the date of this notice, whichever period expires earlier.

The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

The Secretary of State need not consider an appeal if it seems that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

Purchase Notice
If either the Local Planning Authority or the Secretary of State for the Environment refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor can he render the land capable of a reasonably beneficial use by carrying out any development which has been or would be  permitted.  

In these circumstances, the owner may serve a purchase notice on the Council in whose area the land is situated.  This notice will require the Council to purchase his interest in the land in accordance with Part VI of the Town and Country Planning Act 1990.

Approval of Details Required by Conditions
A fee is payable for the submission of any matters required to be submitted for approval by any conditions attached to this permission.  The fee is payable for each submission, not for each condition.  Please refer to the council’s website at www.eastriding.gov.uk for more information.