RESOLVED:               (1) That the applicant enters into a Section 106 Agreement to:

 

i.              Pay a contribution of £235,480.00 as an affordable housing contribution in lieu of the provision of 5 units of affordable housing;

ii.          Pay a contribution of £97,878.00 towards the provision of primary education in the vicinity of the site;

iii.         Pay a contribution of £12,200.00 in lieu of the provision of Public Open Space on the site;

iv.        Pay a contribution of £7,000 to cover the cost of publication of Road Traffic Order(s) to require the relocation of the existing 30mph extents on the un-named road serving the site and a 20mph zone on the internal estate road;

v.         To develop the site strictly in accordance with the Development Brief including the programming of works received on 28 May 2015;

vi.        develop the site in accordance with the Phasing Plan (attached to this Agreement) with the plots laid out in accordance with the approved layout and with access from the internal road and/or private driveways serving each plot provided to at least base course level prior to any construction on that plot commencing.

vii.        The payment of the contributions in respect of affordable housing, primary education and public open space provision also to be in a phased manner as the development progresses in conjunction with the Phasing Plan and sale of the plots or as otherwise agreed with the Local Planning Authority during the drafting of the legal agreement.

 

(2) That the Corporate Director Communities be given plenary powers to issue a decision notice granting outline consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement, subject to the standard outline conditions and the following conditions:-

 

1.         The development shall be carried out in accordance with the Development Brief and following approved plans: Site Plan showing Plots and Access Road Levels and Highway Realignment - Plan No 4572-01 and Access Road and Shared Drive Long Sections - Plan No 4572-02 received on 2 April 2015 and the amended location plan received on 8 May 2015.

 

Reason: To avoid doubt and confusion as to the nature and extent of the approved development.

 

2.         Prior to works commencing on site, the realignment of the unclassified road fronting the site and improvement of the junction at the unclassified road and the A4064 together with associated footways shall be improved in accordance with details to be submitted to and agreed in writing by the Local Planning Authority to provide 6m radius kerbing and minimum vision splays of 2.4m by 43m in both directions.

 

Reason: In the interests of highway safety.

 

3.         No individual plot shall create or benefit from any pedestrian or vehicular access to or from the unnamed route abutting the western site boundary and leading to Ty Fry Close at any time.

           

Reason: In the interests of highway safety.

 

4.         No development shall commence until a scheme for permanently stopping up the existing access at the north western corner of the site has been submitted to and agreed in writing by the Local Planning Authority. The agreed scheme shall be implemented in full prior to any other development commencing on site.

 

Reason: In the interests of highway safety.

 

5.         No development shall commence until a scheme for the provision of a 1.5m wide footway on the eastern side of Route A4064 has been submitted to and agreed in writing by the Local Planning Authority.  The footway shall link with the proposed 1.8m wide footway arrangement adjacent to Plot 1 of the adjacent private drive development to the north and the existing footway arrangement adjacent to the south western corner of Plot 1 of the adjacent private drive development to the south. The footway works shall be implemented as agreed in permanent materials before any construction on any of the plots commences.

 

Reason: In the interests of highway safety and promoting active travel.

           

6.         Notwithstanding the submitted details, the means of access to the site onto the existing unclassified road shall be laid out and constructed with minimum 6m radius kerbing and minimum vision splays of 2.4m by 43m north and 2.4m by 25m to the south in accordance with details to be submitted to and agreed in writing with the Local Planning Authority prior to any construction on any of the plots commencing.

 

Reason: In the interests of highway safety.

 

7.         Notwithstanding the submitted details, the revised junction arrangement of the existing unclassified road with the A4064 shall be laid out and constructed with minimum 6m radius kerbing and minimum vision splays of 2.4m by 43m in both directions in accordance with details to be submitted to and agreed in writing with the Local Planning Authority prior to any construction on any of the plots commencing.

 

Reason: In the interests of highway safety.

 

8.         Notwithstanding the submitted details, the means of access to the adjacent private drive onto the existing unclassified road shall be laid out and constructed with minimum 6m radius kerbing and minimum vision splays of 2.4m by 25m in both directions in accordance with details to be submitted to and agreed in writing with the Local Planning Authority prior to any construction on any of the plots commencing.

 

Reason: In the interests of highway safety.

 

9.         No structure, erection or planting exceeding 0.9m above carriageway levels shall be placed within the required vision splay areas identified in Conditions 2, 6, 7 & 8 above at any time.

 

Reason: In the interests of highway safety.

 

10.       No development of any of the building plots shall commence on site until a scheme has been submitted to and agreed in writing showing the internal access road and private driveways serving the site being subjected to a 20mph speed restriction.  The agreed scheme shall be implemented prior to any building on the site being brought into beneficial use.

 

Reason: In the interests of highway safety.

 

11.       No development shall commence on site until a Construction Management Plan has been submitted to and agreed in writing by the Local Planning Authority.  The Construction Management Plan shall include:-

 

Provision of a temporary compound for construction materials and plant and parking for contractor's vehicles;

Details of a wheel washing scheme to prevent mud and debris from the construction traffic being carried out onto the existing maintainable highway; and

A scheme to ensure that vehicles associated with the construction at the site shall enter or leave the site during the period of half an hour either side of any local School's commencing and ending times.

 

Any construction works undertaken at the site shall thereafter be in accordance with the Construction Management Plan.

 

Reason: In the interests of highway safety and to ensure that the Local Planning Authority retains effective control over the development in the interests of general amenity.

 

12.       Notwithstanding the submitted drawings, no works shall commence on the construction of the proposed roads in each respective phase until full engineering details comprising longitudinal and cross sections, constructional details, street lighting, surface water drainage, traffic calming, retaining structures (embankments or walls) supporting the highway or land alongside have been submitted to and agreed in writing by the Local Planning Authority. The construction of the roads shall be implemented in accordance with the agreed engineering details and completed to binder course level of bituminous material as appropriate to the phase being constructed and shall be substantially completed prior to beneficial occupation of the last dwelling or otherwise in accordance with a programme to be agreed with the Local Planning Authority.

 

Reason: To ensure safe and satisfactory vehicular and pedestrian access to the dwellings in the interests of public and highway safety.

 

13.       Notwithstanding the submitted drawings, no works shall commence on the construction of the roads until such time as a comprehensive traffic calming scheme, including full engineering details, has been submitted to and approved in writing by the Local Planning Authority for traffic calming restricting 85% tile traffic speeds to 15—20 m.p.h. The traffic calming facilities shall be implemented in accordance with the approved engineering details and completed within the same programme identified for the associated streets.

 

Reason: In the interests of highway safety.

 

14.       No dwelling shall be occupied until the individual drive and parking bays serving the dwelling concerned have been laid out as approved and completed in permanent materials at gradients that do not exceed 8.33% (1 in 12) at a minimum length of 6m, if fronting a garage, and 4.8m otherwise, with a minimum width between boundary walls of 3.3m for a single drive/parking bay and 5.7m for a double drive/parking bay arrangement or otherwise in accordance with the approved layout and shall be retained thereafter for parking purposes.

 

Reason: To ensure the provision and retention of sufficient off-street parking, compliance with the Disability Discrimination Act and to prevent loose stones, mud and gravel being spread on to the highway, in the interests of highway safety.

 

15.       The plans and particulars submitted in accordance with the reserved matter in respect of landscaping shall include:-

 

i.              a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and crown spread of each retained tree;

 

ii.          details of the species, diameter (measured in accordance with paragraph i above) and the approximate height, together with an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs iii and iv below apply;

 

iii.         details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site;

 

iv.        details of any proposed alterations in existing ground levels and of the position of any proposed excavation within the crown spread of any retained tree or of any tree on land adjacent to the site.

 

v.         details of the specification and position of fencing and of any other measures to be taken for the protection of any retained tree from damage before or during the course of development;

 

vi.        details of the approximate height and an assessment of the general state of health of any hedgerows forming the boundaries to the site which shall be retained;

 

 vii.       details of the specification and position of fencing and of any other measures to be taken for the protection of hedgerow from damage before or during the course of development.

 

In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.

 

Reason : To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.

 

16.        Any submission for approval of reserved matters or full application shall include details of the proposed floor levels of the buildings in relation to existing ground levels and the finished levels of the site. The development shall be carried out in accordance with the agreed details.

 

Reason: To ensure the development relates appropriately to the topography of the site and the surrounding area.

 

17.        No development shall commence on site until a scheme for the comprehensive and integrated drainage of the site showing how foul drainage, highway, surface water, including the means to prevent run off from driveways and parking bays discharging onto the highway, roof and yard water will be dealt with, has been submitted to and agreed in writing by the Local Planning Authority. The development shall thereafter proceed in accordance with the agreed scheme prior to any dwelling being brought into beneficial occupation.

 

Reason: To ensure safe drainage of the site.

 

18.        No development shall commence until the intrusive site investigation works identified in the Coal Mining Risk Assessment Statement, which accompanied the submission, have been undertaken and a report submitted to and agreed in writing with the Local Planning Authority. The report shall include details of any remedial works to treat any areas of shallow mine workings discovered by the intrusive investigations and establish what precautions are necessary in relation to the structural design of the dwellings and the design, construction and maintenance of the proposed highways and associated retaining walls, sewers and attenuation structures.  The remedial works, precautions and designs identified in the report shall thereafter be undertaken in accordance with requirements of the report as appropriate to the structure to be constructed.

 

Reason: To ensure the safety and stability of the development.

 

19.        The development hereby permitted shall not commence until such time as a Method Statement detailing all necessary pollution prevention measures for the operational and post operational phase of the development is submitted to and agreed in writing by the Local Planning Authority. The Method Statement shall identify as a minimum:-

 

·         Storage facilities and emergency containment for all fuels, oils, chemicals and explosives and any other polluting substances;

·         Details of surface water drainage arrangements to be installed to intercept and treat contaminated surface water run-off;

·         Details of maintenance of site access/coal haulage roads to ensure no polluting discharge;

·         Phasing of works/responsible pro-active construction methods;

·         Environmental Monitoring schemes;

·         Environmental protection;

·         No alteration to surface waters;

·         Environmental Permitting for use of waste;

·         Imported materials;

·         Site levels (present and final);

·         Measures for dealing with any contaminated material (demolition waste or excavated waste);

·         Details of emergency contacts e.g. Natural Resources Wales Pollution Hotline (0800 807 060)

 

The Method Statement shall thereafter be efficiently communicated to all contractors and sub-contractors and any deficiencies rectified immediately.

 

Reason: To prevent pollution.

 

20.       Prior to any works in respect of the demolition of the existing modern barn structure commencing, a Method Statement shall be submitted to and agreed in writing by the Local Planning Authority. The Method Statement shall indicate the method of demolition and details of removal of the materials arising from the demolition including a timetable for such works. The barn shall thereafter be demolished in accordance with the agreed method statement.

 

Reason: To ensure that the Local Planning Authority retains effective control over this aspect of the development in the interests of visual amenity.

 

Code No.                     Proposal

 

P/14/742/OUT             Land north of Abergarw Farm Brynmenyn - Provision of 26 Building Plots and Access Road and Remove Modern type barn