183-home scheme changes at Abbott Road, Mansfield

The site

The site is 8.1 hectares of agricultural land on the corner of Brick Kiln Lane and Abbott Road, with slopes, hedgerows, trees and a public footpath.

“The site comprises approximately 8.1 hectares of agricultural land located on the corner of Brick Kiln Lane and Abbotts Road A6075) in the western area of Mansfield and lapping round two properties (Hill Top and Hospital Cottage) on Brick Kiln Lane and a single property (Fields Farm) on Abbotts Lane. A further existing dwelling (Fish Pond Hill Farm) is located within the site with its own separate access to Brick Kiln Lane.”

“There is a footway to the front of Abbott Road but only verge and hedgerow along the Brick Kiln Lane site frontage. Overhead lines cross the site from Abbott Road and a public right of way extends from Brick Kiln Lane to the west of the driveway access to Fish Ponds Hill Farm. A bus stop but with no shelter is located part way along the Brick Kiln Lane frontage.”

Officer report

Earlier permission

Planning permission for 183 homes and access was granted on 23 October 2024, with obligations including delivery of 100% affordable housing.

“Planning Committee considered and agreed full planning permission should be granted for the development of this site for 183 dwellings and access to Brick Kiln Lane on 11 th March 2024 subject to a legal agreement (2022/0612/FUL). The legal agreement secured a reduced number of planning obligations both financial and non – financial due to viability issues with the development proposal.”

“The current application, made under S73 of the Planning Act 1990 seeks variations to the planning permission including amendments to the layout and house types, including deleting the approved private car garages, to the planning permission following the sale of the site to another developer. Formal commencement of development has not yet occurred and pre- commencement conditions remain outstanding.”

Officer report

What officers recommended

Officers recommended approval because the changes were modest, retained the development’s overall form and created no unacceptable impacts.

“The submitted changes have been assessed and are considered modest in nature. They do not significantly alter the overall form, quantum or character of the development nor do they give rise to any new or unacceptable planning impacts in terms of design, residential amenity, highway safety, landscape impact or other relevant material considerations.”

Officer report

Housing and viability

The independent assessment found the 100% affordable scheme viable, but officers considered refusal inappropriate because viability was unstable and review mechanisms remained.

“Originally the applicant had also sought to also amend the housing mix to a mixed tenure of 60% market housing and 40% affordable housing. The affordable housing was proposed to be secured through Homes England grant funding, as had originally been proposed in the original scheme.”

“For these reasons officers do not recommend refusing the application on viability grounds because the viability position is unstable. The Council is protected by the viability review mechanism in the current S106. This requires a minimum payment of £650k and includes viability reviews at 2 stages of the development, stage 1 (prior to practical completion of the 91 st dwellings. Stage 2 (prior to practical completion of the 164 th dwelling).”

Officer report

Consultation responses

Highways accepted the amended masterplan subject to details, while housing officers supported retaining 100% affordable housing and the other consultees raised no objections or comments.

“Amended masterplan is acceptable, subject to conditions relating to receipt of amended details relating to private drives, removal bus stop within the site and safeguarding an area for a bus stop instead.”

“Objects to any alteration to introduce open market housing to the site and supports the retention for 100% affordable housing. Supported as the development is assessed by an independent viability assessor as viable with 100 % affordable housing. Recommends future discussions to see how a 100% affordable scheme can be delivered including potential tenure alterations to increasing social rent numbers. Keen to support developer in progressing a 100% affordable housing scheme.”

Officer report

Public comments

The residents group opposed the application, citing affordable housing, policy, viability and highway concerns; no individual neighbour comments were received.

“No individual neighbour comments have been received.”

“Pleasley Community Residents Group. December 2024 Comments that a S73 application is not acceptable for what is proposed including a change to market and affordable housing and non-compliance with various Local Plan Policies were previously justified on the basis of 100% affordable housing coming forward including biodiversity enhancement. Viability review should be undertaken before the application is determined. Highway impacts will differ with a mixed tenure scheme.”

Officer report

Who spoke

The applicant spoke at the meeting.

The committee vote

Councillors approved the updated recommendation by 10 votes to nil, with no abstentions.

“The planning officer updated that a further representations had been received from NCC Highways and Ecology in respect of the plans. She also updated the recommendation so that approval was subject to receipt of an updated layout plan showing the hedgerow and to the existing planning obligations in the section 106 agreement dated 23 October 2024”

“On the motion being put to the vote, the chair confirmed that the motion had been approved by 10 votes in favour, 0 against and 0 abstention. Resolved – Grant planning permission for the Variation of conditions 2 (approved plans), 16 (landscaping), 18 (hard surfacing), 26 (materials), 28 (boundary treatments), 29 (brick types) and 37 (public right of way) on application 2022/0612/FUL (183no.”

Minutes