The Director of Technical Services submitted the above application for consideration.

On a motion by Councillor Dave Mitchell seconded by Councillor David Elderton it was:

Resolved (12:00) – That the application be approved subject to the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the date of the approval of the last of the reserved matters, whichever is the later.

2. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the date of the approval of the last of the reserved matters, whichever is the later.

3. Details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:

(a)  Scale

(b)  Appearance

(c)  Landscaping

(d)  layout

(e)  means of access

Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced and shall be carried out as approved.

4. Plans and particulars of the reserved matters referred to in condition 1 above shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

5. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development 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.

6. Development shall not commence until a scheme for the provision of cycle parking has been submitted to and agreed in writing by the local planning authority.  The cycle parking facility shall be erected in accordance with the approved details prior to the occupation of the development hereby approved and retained as such thereafter.

7. Any further submission of details shall include floor levels of the dwelling(s) and relationship to the level of the highway.

8. Details of land / surface water drainage shall be submitted to and approved in writing by the local planning authority prior to the commencement of development.  The drainage scheme shall be carried out in accordance with the approved details prior to the development hereby approved being brought into use.

9. Details of any security or floodlighting shall be submitted to and agreed in writing with the Local Planning Authority before any such lighting is brought into use.

10. Before any development is commenced full details including levels, gradients and outfalls for the land drainage of the site together with the method to be used for dealing with existing land drainage and in particular its connection to the proposed new system shall be submitted to and agreed in writing with the Local Planning Authority. The drainage works comprised in the agreed details shall be completed before the development is occupied / brought into use.

11. As part of the submission of reserved matters finished floor levels shall be provided together with proposed levels within the site and a survey of existing site levels.

12. No development shall be commenced until full details of soft and hard landscaping have been submitted to and approved in writing by the Local Planning Authority.  The landscaping scheme shall detail the locations, species and heights of all existing and proposed trees, shrubs and hedge planting and all existing and proposed grassed and hard surfaced areas and any other natural or proposed features.

13. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority.

14. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 12.  The works shall be carried out prior to the occupation of any part of the development.

15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no gates, fences, or walls shall be erected within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts on to a road.

16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) the enlargement, of the dwelling(s) or any addition to the roof or the erection or construction of a porch shall not be carried out.

17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no development shall be carried out if it would consist of or include the cladding of any part of the exterior of the dwelling (s) with stone, artificial stone, timber, plastic or tiles.

18. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) the erection of any building within the curtilage of the dwelling(s) shall not be carried out.

19. Any subsequent reserved matters application submitted to the Local Planning Authority must comply and be in accordance with all aspects of the content of the accompanying design code to this application hereby approved..

20. The development hereby approved shall be carried out in accordance with the details shown on the plan(s) received by the Local Planning Authority on 8th August 2007.

21. Prior to the commencement of development a ground contamination survey shall be undertaken, taking into account any potential contaminants from all known previous land uses. Should this survey identify any such contaminants, then a scheme of remediation to render the site suitable for use shall be submitted to the Local Planning Authority for approval prior to such works being undertaken.

22. A statement giving precise details of the nature and extent of any such remediation, together with certification that the site has been made suitable for its intended use, shall be submitted to and approved by the Local Planning Authority before commencing any development of the site.

23. As part of the submission of the reserved matters for the layout of the retail development, the plans shall show the maximum gross and net floorspace for each of the nine retail units (Use Class A1) hereby approved. Not withstanding the provisions of the Town & Country Planning (General Development Procedure) Order 1995 (or any subsequent re-enactment) the overall gross internal floorspace including any mezzanines within the retail development (Use Class A1) shall not exceed 1100 square metres.

24. The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided and retained, unless otherwise agreed in writing with the Local Planning Authority in accordance with the approved scheme. The scheme shall include:

1) The numbers, type, tenure and location of the site of the affordable housing provision to be made:

2) The timing of construction of the affordable housing;

3) The occupancy criteria to be used for determining the identity of prospective and successive occupiers of the affordable housing and the means by which such occupancy can be enforced.