Decision details

1.

Condition:

The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

Reason:

To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

2.

Condition:

The development hereby permitted shall be carried out in accordance with the plans

Received by the Local Planning Authority on 1 October 2024:

•    Existing Site Plan and Elevation ref: 3572-MAB-00-00-D-A-0101 rev: P01

•    Sections – Stage 3 ref: 3572-MAB-00-ZZ-D-L-4410 rev: P01

•    Proposed Ground Floor Plan ref: 3572-MAB-ZZ-00-D-A-0120 rev: P05

•    Proposed First Floor Plan ref: 3572-MAB-ZZ-01-D-A-0121 rev: P02

•    Proposed Second Floor Plan ref: 3572-MAB-ZZ-02-D-A-0122 rev: P02

•    Proposed Roof Plan ref: 3572-MAB-ZZ-RF-D-A-0123 rev: P01

•    Proposed Elevations ref: 3572-MAB-ZZ-ZZ-D-A-0160 rev: P02

•    Proposed Elevations ref: 3572-MAB-ZZ-ZZ-D-A-0161 rev: P03

•    Proposed Elevations ref: 3572-MAB-ZZ-ZZ-D-A-0162 rev: P02

•    Proposed Sections ref: 3572-MAB-ZZ-ZZ-D-A-0170 rev: P02

•    Proposed Sections ref: 3572-MAB-ZZ-ZZ-D-A-0171 rev: P02

•    Proposed Sections ref: 3572-MAB-ZZ-ZZ-D-A-0172 rev: P02

Received by the Local Planning Authority on 4 October 2024:

·       Block Plan ref: 3572-MAB-00-00-D-L-0103 rev: P01

Received by the Local Planning Authority on 15 November 2024:

·       Landscape Masterplan Stage 3 ref: 3572-MAB-00-00-D-L-4000 rev: P03

Reason:

For the avoidance of doubt.

3.

Condition:

No development shall commence until a remediation scheme to ensure safe development and mitigate any potential risks from asbestos containing materials in the ground has been submitted to and approved in writing by the Local Planning Authority. The agreed remediation scheme shall be implemented in full during development. 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination, development must be halted on that part of the site.  An assessment must be undertaken in accordance with good practice and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

Reason:

No such details were submitted with the application and in the interests of public safety and in accordance with the aims of Policy 19 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

4.

No development shall commence until a detailed surface water drainage scheme based on the principles set forward by the Outline Drainage Strategy SEH-BWB-EXT-XX-TN-D-0500, dated 8.9.24 by BWB, 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 and NPPF Paragraph 175

•    Limit the discharge generated by all rainfall events (up to the 100 year plus climate change) back to the existing discharge rates or lower - or a suitable alternative solution as agreed with the LLFA in collaboration with the LPA.

•    Provide detailed design (plans, network details, calculations and supporting summary documentation) in support of any surface water drainage scheme, including details on any attenuation system, the outfall arrangements and any private drainage assets

Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 30 year and 1 in 100 year plus climate change return periods.

-      No surcharge shown in a 1 in 1 year

-      No flooding shown in a 1 in 30 year

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

•      Evidence to demonstrate the viability (e.g Condition, Capacity and positive onward connection) of any receiving watercourse to accept and convey all surface water from the site

•      Details of STW approval for connections to existing network and any adoption of site drainage infrastructure

•      Evidence of approval for drainage infrastructure crossing third party land where applicable

•      Provide a surface water management plan demonstrating how surface water flows will be managed during construction to ensure no increase in flood risk off site.

•      Evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development to ensure long term effectiveness.

Reason:

Insufficient information was submitted and to ensure there is sufficient surface water management, the development is not at risk of flooding of increasing flooding off-site and in accordance with Policy 1 of the Part 2 Local Plan (2019) and Aligned Core Strategy (2014).

5.

Condition:

No development shall commence until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include:

a) the means of access for construction traffic;

b) parking provision for site operatives and visitors;

c) the loading and unloading of plant and materials;

d) the storage of plant and materials used in construction the development;

e) a scheme for the recycling/disposal of waste resulting from construction works;

f) details of dust and noise suppression to be used during the construction phase; and

g) Details of a scheme for the identification and safe removal of asbestos containing material (if identified).

Reason:

To protect the amenity of neighbouring residents and in accordance with Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

6.

Condition:

No above ground works shall commence until samples of external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved details.

Reason:

Insufficient details were submitted with the application and in the interests of the appearance of the development and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

7.

No above ground works shall take place until a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include the following details:

a) numbers, types, sizes and positions of proposed trees;

b) details and elevational plans of any new boundary treatments;

c) details and elevational plans of bin stores, cycle racks and substation;

c) proposed hard surfacing treatment; and

e) timetable for implementation of the scheme.

The approved scheme shall be carried out strictly in accordance with the approved details and shall be carried out not later than the first planting season following the substantial completion of the development and any trees or plants which, within a period of 5 years, die, are removed or have become seriously damaged or diseased, shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority, unless written consent has been obtained from the Local Planning Authority for a variation.

Reason:

Insufficient details were submitted with the application and to ensure the development presents a satisfactory standard of external appearance to the area and in accordance with the aims of Policies 17 and 31 of the Part 2 Local Plan (2019) and Policies 10 and 17 the Broxtowe Aligned Core Strategy (2014).

8.

No sound reproduction, air conditioning units, or amplification equipment (including public address systems, loud speakers, etc) which is audible at the site boundary shall be installed or operated on the site without the prior written approval of the Local Planning Authority.

Reason:

To protect the nearby occupants from excessive operational noise and in accordance with Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

9.

Condition:

The building shall not be open to the use of the public except between the hours of 07:30-23:00 Monday to Sundays

Reason:

To protect nearby occupants from excessive operational noise and in accordance with Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

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.

The applicant is advised to contact the licensing team on 0115 9173485 to register any activity and for advice on complying with current Licensing regulations prior to opening.

3.

The applicant is advised to contact the Food and Occupational Health team on 0115 9173485 to register any activity and for advice on complying with current Food Safety and Health and Safety regulations prior to opening.

4.

The applicant is advised that under the current British Standard 6465 for sanitary provision any proposed restaurant / café will required to comply with the aforementioned standard.