Decision details

RESOLVED that the Interim Head of Planning and Economic Development be given delegated authority to grant planning permission subject to:

(i)     the prior completion of an agreement under section 106 of the Town and Country Planning Act 1990 to secure the provision of affordable housing on the site and contributions towards: provision of education measures, off-site highway works, provision and maintenance of open space, integrated transport measures, improved health facilities and improvements and maintenance of links towards and over Bennerley Viaduct; and

(ii)    the following conditions:

1.

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: To comply with S92 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

2.

The development hereby permitted shall be commenced before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

Reason: To comply with S92 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

3.

The development hereby approved shall be carried out in accordance with drawing numbers ADC1044/005 revision D and drawing ADC1044/007 revision A received by the Local Planning Authority on 7 October and 29 January 2020 respectively. Occupation of the proposed development shall not take place until the site access arrangements as shown on both of these plans have been provided.

Reason: For the avoidance of doubt and in the interest of highway safety.

4

Prior to the submission of any reserved matters application the intrusive site investigations identified within Section 12.8 of the Geo-Environmental Assessment dated 11 December 2019 shall be undertaken.

The findings of these investigations shall be submitted to the Local Planning Authority with the first reserved matters application and shall include the following:

-        A report containing the findings of the intrusive investigations;

-        The submission of a layout plan which identifies the location of the opencast highwalls and the location of the on-site mine entries (on and off-site) and the definition of suitable ‘no-build’ exclusion zones;

-        The submission of a scheme of treatment for the on-site mine entries for approval; and

-        The submission of a scheme of remedial works for the shallow coal workings for approval.

Following the written approval of the Local Planning Authority, the remedial works identified, shall be implemented in full accordance with the approved details prior to the commencement of the development.

Reason: The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigation measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

5.

Before any site clearance or development is commenced, detailed drawings and particulars showing the following (the ‘Reserved Matters’) shall be submitted to and approved by the Local Planning Authority:

(a)        the layout, scale, and external appearance of all buildings;

(b)         parking and turning facilities, access widths, gradients, surfacing, street lighting, structures, visibility splays, drainage and the location and detail of all Electric Vehicle Charging points. All details shall comply with the County Council’s current Highway Design and Parking Guides

(c)         full manufacturer details of the materials to be used in the external surfaces of all buildings and including the location and colour of the external meter boxes;

(d)         cross sections through the site showing the finished floor levels of the new dwellings in relation to adjacent land and buildings. These details shall be related to a known datum point; and

(e)         landscaping treatment of the site

The development shall be carried out strictly in accordance with

the approved details.

Reason: The application was submitted in outline only and no such

details were provided. The development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory and in accordance with the aims of the NPPF, Policy

4.1, 15, 17 and 31 of the Broxtowe Part 2 Local Plan (2019) and Policy 2, 8, 10, 16 and 17 of the Broxtowe Aligned Core Strategy (2014) and in the Interests of Highway safety.

6.

Prior to the occupation of each dwelling their respective driveways shall be surfaced in a hard bound material (not loose gravel) for a minimum distance of 5.5m from the back edge of the public highway, and drained so as to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

Reason: In the interest of highway safety

7.

No development shall not take place until a construction method statement has been submitted to and approved in writing by the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i.               the parking of vehicles of site operatives and visitors

ii.              loading and unloading of plant and materials

iii.            storage of plant and materials used in constructing the development

iv.            the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

v.              wheel washing facilities

vi.            measures to control the emission of dust and dirt during construction

vii.           a scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: In the interest of highway safety

8

The pedestrian connections to Park Hill and Barlow Drive North shall be provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority prior to the occupation of any of the dwellings hereby approved. The details shall include information relating to the status, ownership and maintenance of the connections, their width, surfacing and any lighting proposed.

Reason: To promote sustainable travel and in accordance with Policy 4.1 of the Broxtowe Part 2 Local Plan.

9

The detailed drawings and particulars required under condition 5 (e) shall include the following details:

(a)      trees, hedgerows and shrubs to be retained and measures for their protection during the course of development. No development shall commence until the agreed protection measures are in place;

(b)      numbers, types, sizes and positions of proposed trees and shrubs including those to replace the highways trees removed;

(c)      proposed hard surfacing treatment;

(d)      planting, seeding/ turfing of other soft landscape areas including surrounding SUDs features;

(e)      details of the site boundary treatments and curtilage boundary treatments;

(f)     Details of all bridleway, footpaths and pathways within the site including their proposed status, maintenance, surfacing, widths and any proposed deterrents for use; and

(g)      a timetable for implementation of the scheme

The landscaping scheme shall be carried out in accordance with the approved timetable. If any trees or plants, which, within a period of 5 years, die, are removed or have become seriously damaged or diseased, they shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority.

Reason: The application was submitted in outline only and no such

details were provided. The development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory and in accordance with the aims of the NPPF, Policy

4.1, 15, 17 and 31 of the Broxtowe Part 2 Local Plan (2019) and Policy 8, 10, 16 and 17 of the Broxtowe Aligned Core Strategy (2014).

10

No part of the development hereby approved shall commence until a detailed surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development. The scheme to be submitted shall:

?        Demonstrate that the development will use SuDS throughout the site as a primary means of surface water management and that design is in accordance with CIRIA C753.

?        Limit the discharge rate generated by all rainfall events up to the 100 year plus 40% (for climate change) critical rain storm 5 l/s rates for the developable area.

?        Provision of surface water run-off attenuation storage in accordance with 'Science Report SCO30219 Rainfall Management for Developments' and the approved FRA.

?        Provide detailed design plans in support of any surface water drainage scheme, including details on any attenuation system, and the outfall arrangements.

?        For all exceedance to be contained within the site boundary without flooding new properties in a 100year+40% storm.

?        Evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development.

Reason

A detailed surface water management plan is required to ensure that the development prevents an increase in flood risk, improves and protects water quality and has sufficient surface water management in accordance with the aims of the NPPF and Policy 1 of the Broxtowe Part 2 Local Plan.

11

No development, including site clearance, shall commence until details of appropriate gas prevention measures have been submitted to and approved in writing by the Local Planning Authority.  No building to be erected pursuant to this permission shall be occupied or brought into use until:

(i)      all necessary remedial measures have been completed in accordance with details approved in writing by the local planning authority; and

(ii)     it has been certified to the satisfaction of the local planning authority that necessary remedial measures have been implemented in full and that they have rendered the site free from risk to human health from the contaminants identified.

Reason: The application was submitted in outline only so no such

details were provided. The development cannot proceed safely without such details being provided before development commences to ensure that the details are satisfactory, in the interests of public health and safety and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

12

a)  Prior to works commencing on the construction of any dwellings, a detailed environmental noise assessment, based on submitted reserved matters details, must be submitted to, and approved in writing by the Local Planning Authority specifying the measures to be taken to ensure that all noise-sensitive premises are protected from road and industrial noise, such that the following noise levels are not exceeded:

-       An LAeq, 16-hour of 55dB (free field) in outdoor living areas between 07:00 and 23:00 hours (daytime);

-       An LAeq, 16-hour of 35dB inside living rooms between 07:00 and 23:00 hours (daytime);

-       An LAeq, 8-hour of 30dB inside bedrooms between 23:00 and 07:00 (night time)

-       An LAmax fast of 45dB inside bedrooms between 23:00 and 07:00 hours (night time)

Those dwellings requiring the incorporation of noise mitigation measures to achieve the above levels, as well as the nature of these measures shall be identified and agreed with the Local Planning Authority prior to construction commencing. In dwellings where windows must be closed to achieve the above levels adequate acoustic treated ventilation must be provided.

b)  All noise mitigation measures shall be designed and installed in accordance with the approved mitigation scheme and completed under the supervision of an acoustic engineer. All works shall be completed before any permitted dwelling is occupied.

Reason: The application was submitted in outline only so no such

details were provided. The development cannot proceed satisfactorily without such details being provided. In the interests of public health and safety and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

13

No development shall commence until details of any necessary piling or other penetrative foundation design have been submitted to and approved in writing by the Local Planning Authority including details of any mitigation measures to minimise the effects of noise and vibration on surrounding occupiers. The development shall be constructed in accordance with the approved details.

Reason: The application was submitted in outline only so no such

details were provided. The development cannot proceed satisfactorily without such details being provided before development commences in the interests of public health and safety so as to protect occupants from excessive construction noise and vibration and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

14

No construction or site preparation work in association with this permission shall be undertaken outside the hours of 08:00 – 18:00 Monday to Friday, 08:00 – 13:00 Saturdays and at no time on Sundays or Bank Holidays.

Reason: To protect nearby occupants from excessive construction noise and vibration and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

15

No development, including site clearance, shall commence until a

Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The plan should include the following:

a)    Risk assessment of potentially damaging construction activities

b)Identification of ‘biodiversity protection zones’.

c)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as part of a set of method statements).

d)    The location and timing of sensitive works to avoid harm to biodiversity features.

e)    The times during construction when specialist ecologists need to be present on site to oversee works.

f)      Responsible persons and lines of communication.

g)    The role and responsibilities on site of an ecologist clerk of works (ECoW) or similarly competent person.

h)    Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period in accordance with the approved details.

Reason: To ensure the impact on ecology is minimised during construction and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

16

Prior to works commencing above foundation level a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority to achieve a net gain in biodiversity in accordance with the NPPF 2019. Such approved measures shall be implemented in full and maintained thereafter with photographs of the measures in situ submitted to the Local Planning Authority for confirmation. Measures shall include, but are not limited to:

·       Native wildlife planting (trees, berry rich shrubs, wildflower/grasslands

·       Wildlife friendly surface water attenuation areas/wetlands/ponds

·       Future management of retained trees and hedges

·       Grassland management (mosaic of heights)

·       Maintenance of ‘dark habitat’ areas and sympathetic lighting

·       Details of integrated bat boxes will be clearly shown on a plan (positions/specification/numbers)

·       Details of bird boxes (including swift boxes) will be clearly shown on a plan (positions/specification/numbers)

·       Measures to maintain connectivity for hedgehogs shall be clearly shown on a plan (fencing gaps130mm x 130mm and/or railings and/or hedgerows

·       Log/brash piles for amphibians

Reason: To ensure that the development contributes positively to the Borough’s ecological network and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

17

No development, including site clearance shall commence until updated ecological information including bat, amphibian, reptile wintering and breeding bird surveys, have been completed, submitted to and agreed in writing by the Local Planning Authority. Any mitigation measures shall be carried out in accordance with the agreed details.

Reason: The surveys submitted with the application are over 3 years old. As the application is in outline form only and requires reserved matters approval it is considered necessary that more up to date information is provided prior to the commencement of the development to ensure that the impact on biodiversity including any required mitigation is satisfactory, in accordance with the aims of the NPPF and Policy 31 of the Broxtowe Part 2 Local Plan (2019).

18

Nothing shall be stored or placed in any area fenced in accordance

with condition 9 (a) and the ground levels within those areas shall

not be altered, nor shall any excavation be made, without the prior

written consent of the local planning authority.

Reason: To ensure the retained trees and hedgerows are not adversely affected and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

19

Prior to the demolition of White House Farm a Level 3 Building Recording, in accordance with RCHME guidance, shall be undertaken and submitted to, and approved in writing by the Local Planning Authority.

Reason: To ensure an accurate record of this building is made and in accordance Paragraph 199 of the NPPF.

20

Prior to the removal of any hedgerows identified as ‘important’ under the archaeology and history criteria of the Hedgerow Regulations 1997 an archaeological recording shall be undertaken and submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure an accurate record of any important hedgerows are made and in accordance with Paragraph 199 of the NPPF.

21

Any historic or archaeological features which are revealed when carrying out the development hereby permitted shall be retained in-situ and reported to the local Planning authority in writing within 5 working days. Works shall be halted in the area affected until provision has been made for the retention and/or recording and any associated reporting, publication and archiving commensurate to the archaeological work undertaken in accordance with details submitted to and approved in writing by the local planning authority.

Reason: To ensure appropriate investigation and recording/mitigation of any below ground archaeology in accordance with Paragraph 199 of the NPPF.

Notes to Applicant

1

The Council has acted positively and proactively in the determination of this application by working to determine it within

the agreed determination timescale.

2

This permission has been granted contemporaneously with an Agreement under Section 106 of the Town and Country Planning

Act 1990, and reference should be made thereto.

3

The submitted plans are for indicative purposes only and this decision does not approve the layout, form or design of any of the dwellings, landscaping or any other matters.

4

The developer will need to purchase first time bins. Notice will be served in due course. Properties will be allocated the following:

1x 240l bin for residual waste

1x 240l bin for dry recycling

1x 37l bag for glass recycling.

5

The applicant should note that notwithstanding any planning permission that ifany highway forming part of the development is to be adopted by the Highways Authority. The new roads and any highway drainage will be required to comply with the Nottinghamshire County Council’s current highway design guidance and specification for roadworks.

a)             The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

b)             It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site.

6

The deposit of mud or other items on the public highway, and/or the discharge of water onto the public highway are offences under Sections 149 and 151 of the Highways Act 1980.  The applicant, any contractors, and the owner / occupier of the land must therefore ensure that nothing is deposited on the highway, nor that any soil or refuse etc is washed onto the highway, from the site.  Failure to prevent this may force the Highway Authority to take both practical and legal action (which may include prosecution) against the applicant / contractors / the owner or occupier of the land. 

7

Burning of commercial waste is a prosecutable offence. It also causes unnecessary nuisance to those in the locality. All waste should be removed by an appropriately licensed carrier.

8

Many buildings still contain asbestos. In order to comply with the Control of Asbestos Regulations 2012, an assessment is required to determine whether the building has asbestos containing materials (ACMs). This must be carried out before any structural work on a building occurs. For properties or parts of properties that need upgrading, refurbishing or demolition, a ‘Refurbishment/Demolition Survey is required. Copies of reports relating to asbestos identification and management should be sent to the Council’s Environmental Health Team at health@broxtowe.gov.uk

9

You will need to contact the Council’s Environmental Health Team on 01159173714 to notify them of the arrival on site of any Mobile Crushing plant for them to carry out an inspection of the crushing equipment in line with the operational permit issued under the Pollution Prevention and Control Act 1999 Environmental Permitting (England and Wales) Regulations 2010 (as amended)

10

Vegetation clearance should be avoided during the bird breeding

season of March-August inclusive.

11

Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications.  Failure to obtain permission will result in trespass, with the potential for court action.  It is recommended that you check with us prior to commencing any works.  Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at:

https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property

12

Severn Trent Water advises that there is a public sewer located within the application site. Public sewers have statutory protection by virtue of the Water Industry Act 1991 as amended by the Water Act 2003 and you may not build close to, directly over or divert a public sewer without consent. You are advised to contact Severn Trent Water to discuss your proposals. Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development. If the applicant proposes to divert the sewer, the applicant will be required to make a formal application to the Company under Section 185 of the Water Industry Act 1991. They may obtain copies of our current guidance notes and application form from either our website (www.stwater.co.uk) or by contacting our Developer Services Team (Tel: 0800 707 6600).

13

Searches have identified that there are gas apparatus within the vicinity of your site which may be affected by the proposals. Please contact Cadent Gas at plantprotection@cadentgas.com to discuss your proposals further. Further guidance can be found on both the Cadent Gas and National Grid websites and you are encouraged to investigate these matters prior to the commencement of development.

14

As part of the detailed design of the scheme, consideration should be given to the potential for providing an indication of the former activity within the site and its links with the Bennerley Viaduct.

15.

As this permission relates to the creation of a new unit(s), please contact the Council's Street Naming and Numbering team: 3015snn@broxtowe.gov.uk to ensure an address(es) is(are) created.  This can take several weeks and it is advised to make contact as soon as possible after the development commences. A copy of the decision notice, elevations, internal plans and a block plan are required. For larger sites, a detailed site plan of the whole development will also be required.