Alterations to layout of footpaths, car parking area and plot boundaries

Why was this approved?

• compliance with established residential development principle
• no adverse impacts on residential amenities
• highway safety and parking acceptability
• tree retention and landscaping enhancements
• no drainage or flooding concerns
• consultee no objections

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Decision & Reasoning

Policies Assessed (14)

Conditions (6)

1. 1

   Time limit

   The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

2. 2

   Estate roads construction

   The estate roads, including footpaths, cycle paths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway. Reason: To ensure that the development is served by an adequate means of access.

3. 3

   Access and parking prior to occupation

   No part of the development hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter. Reason: In the interests of highway safety.

4. 4

   Tree retention

   The existing trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

5. 5

   Paths and cycleways surfacing

   All paths and cycleways shall be fully surfaced in accordance with the phasing plan to be submitted and approved prior to commencement and retained thereafter. Reason: In the interest of Highway Safety and provide cycle access within the site.

6. 6

   Tree planting

   All tree planting shall be carried out in accordance with the approved details, submitted in support of the application. The planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs

Public Comments (3)

Consultation Responses

All four consultees (Highway Services HDC, Malew Parish Commissioners, DEFA Fisheries, and Highways Drainage) raised no objections to application 23/00462/B, with advisory comments on highway adoption and drainage compliance.