Decision details

Application Number 21/00184/FUL

Decision Maker: Planning Committee

Decision status: Recommendations Approved

Decisions:

Construct 66 bedroom residential care home and associated external works

Land Between Ellis Grove and Wilmot Lane, Ellis Grove, Beeston, Nottinghamshire 

 

Councillor J C Patrick had requested that this item be determined by Committee.

 

The Committee noted that there were four late items including a change to condition, an email from a resident objecting, a correction to paragraphs in the report and an amendment to the proposed boundary treatment.

 

Mrs Karen Whitehead (applicant) and Councillor J C Patrick (Ward Member) addressed the Committee prior to the general debate. 

 

The Committee debated the application and were generally supportive of the proposed development.  There were concerns that the glass on the bar terrace should be opaque though, after consideration, it was agreed that the privacy of residents on Barrydale Avenue would not be adversely affected by this glass being clear. 

 

It was proposed by Councillor D Grindell and seconded by Councillor T Hallam that a named liaison for residents be required, as a note to applicant, the start time of hours of working on site be amended to 08:00 and the fence height on the Barrydale Avenue boundary should be increased to 2.5 metres above ground level.  On being put to the Committee the amendment was carried.

 

RESOLVED that planning permission be granted subject to:

i) the prior signing of a Section 106 Agreement to secure a health contribution for the CCG and

ii) the following conditions:

 

1.

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.

The development hereby permitted shall be carried out in accordance with the following drawings (dates in brackets as to when received by the Local Planning Authority):

  • Proposed site plan 105E (8.6.21)
  • Proposed colour site plan 106D (28.5.21)
  • Boundary Treatments as proposed 107D (1.7.21)
  • Proposed ground floor plan 110C (28.5.21)
  • Proposed first floor plan111B (28.5.21)
  • Proposed second floor plan 112B (8.3.21)
  • Proposed elevations sheet 1 120E (15.7.21)
  • Proposed elevations sheet 2 121C (15.7.21)
  • Proposed elevations in context 122E (15.7.21)
  • Proposed elevations sheet 1 – Landscape removed 125C (28.5.21)
  • Proposed elevations sheet 2 – Landscape removed 126B (28.5.21)
  • External stores as proposed sheet 1 108C (19.5.21)
  • External stores as proposed sheet 2 109B (28.4.21)
  • Planting plan 383-P-002 Rev B (11.6.21)
  • Proposed terrace sections 155A (28.5.21)
  • Hard Works Plan 001A (11.6.21)

Site location plan 100A (8.3.21).

 

Reason: For the avoidance of doubt.

 

3.

a) No development shall commence until an investigative survey of the site has been carried out and a report submitted to and approved in writing by the local planning authority.  The survey must have regard for any potential ground and water contamination, the potential for gas emissions and any associated risk to the public, buildings and/or the environment.  The report shall include details of any necessary remedial measures to be taken to address any contamination or other identified problems.

 

b) 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: No such details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory, in the interests of public health and safety and groundwater protection and in accordance with the aims of Policy 19 of the Broxtowe Local Plan (2019).

 

4.

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 implemented on accordance with the approved details.

 

Reason: No such details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory, to ensure nearby occupiers are protected from excessive construction noise and vibration and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policies 17 and 19 of the Broxtowe Local Plan (2019).

 

5.

No development shall take place 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 constructing the development;

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

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

 

The approved statement shall be adhered to throughout the construction period.

 

Reason: No such details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory, in the interests of highway safety, to avoid conflict with the tram and to protect residential amenity and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

6.

Suitable ventilation, odour arrestment and filtration equipment shall be installed to suppress and disperse odour created from food preparation operations on the premises.  The equipment shall be effectively operated and maintained in accordance with manufacturer’s instructions for as long as the proposed use continues.  Details of the equipment shall be submitted to and approved by the local planning authority prior to the commencement of the development.  Equipment shall be installed and in full working order to the satisfaction of the local planning authority prior to the commencement of use. 

 

Reason: No such details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory, to ensure nearby occupiers are protected from excessive odour and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policies 17 and 19 of the Broxtowe Local Plan (2019).

 

7.

No development shall be commenced until the retained trees have been protected in accordance with the tree protection measures as detailed in section 3.3 and on the Tree Protection Plan of the Indigo Surveys Tree Survey, Arboricultural Implications Assessment & Method Statement.  The development shall be carried out in accordance with the recommendations included in paragraphs 3.3.2, 4.3 and 4.6 and section 5 of this method statement.

 

Reason: In the interests of retaining the trees on the site boundary with Barrydale Avenue and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Broxtowe Local Plan (2019).

 

8.

No development above slab level shall be carried out until samples of the materials to be used in the facing walls (including windows and doors) and rainwater goods have been submitted to and approved in writing by the Local Planning Authority, and the development shall be constructed only in accordance with those details.

 

Reason:Full details were not submitted, in the interests of the appearance of the development and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

9.

Prior to the installation of any external lighting associated with the development hereby approved, a scheme for the provision of external lighting together with an Artificial Lighting Assessment (including design, size and illuminance) scheme in line with the current guidance from the Institute of Lighting Professionals Lighting Guide ref 01/20 guidance note for the reduction of intrusive light, shall be submitted to and approved in writing by the Local Planning Authority. Any external lighting shall be installed in accordance with the agreed details.

 

Reason: To protect the nearby residents from potential light nuisance and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policies 17 and 19 of the Broxtowe Local Plan (2019).

 

10.

The landscaping as shown on the approved drawings shall be carried out not later than the first planting season following the practical 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.

 

Reason:To ensure the development presents a more pleasant appearance in the locality and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

11.

The building shall be constructed and the glazing and ventilation installed in accordance with the specification details in the BSP noise report ref:

TWBN-BSP-ZZ-RP-C-001-P01_Environmental_Noise_Assessment dated 7 December 2020.

 

Reason:To protect future occupiers from excessive environmental, commercial and industrial noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

12.

The building shall not be first occupied until the boundary treatments and the tea room terrace screen (Pilkington level 4 or 5 obscurity or equivalent) have been provided in accordance with the approved boundary treatments plan and first floor plan and proposed elevations respectively.  These boundary treatments and terrace screen shall be retained for the lifetime of the development.

 

Reason: In the interests of the amenities of nearby residents and proposed residents and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

13.

The building shall not be first occupied until the parking, turning and servicing facilities have been provided in accordance with the approved plans (including the provision of the EVCs) and constructed so as to prevent the unregulated discharge of surface water therefrom onto the public highway. These facilities shall thereafter be retained in the agreed form for the lifetime of the development and shall not be used for any purpose other than the parking/turning/loading and unloading of vehicles.

 

Reason:In the interests of highway safety to ensure satisfactory access, servicing and parking arrangements are provided, in the interests of sustainability and in accordance with the aims of Policies 17 and 20 of the Part 2 Local Plan (2019).

 

14.

The hereby approved development shall not be brought into use until thesite access has been provided in accordance with the approved drawings and constructed with provision to prevent the discharge of surface water from the access road to the public highway. 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 interests of highway safety to ensure a satisfactory access is provided and in accordance with aims of Policy 17 of the Part 2 Local Plan (2019).

 

15.

No part of the development hereby permitted shall be brought into use until an application for a Traffic Regulation Order to remove on-street parking from the site entrance along the south western side of Ellis Grove has been made.

 

Reason: In the interests of highway safety to ensure egress from the site by larger vehicles is not hindered by parked vehicles beside the access and in accordance with aims of Policy 17 of the Part 2 Local Plan (2019).

 

16.

No deliveries or collections by commercial vehicles (excluding the delivery of urgent medical supplies) shall be made to/from the site except between the hours of 07:00 - 22:00 on any day.

 

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

 

17.

The total rating level resulting from the use of any plant, machinery or equipment hereby installed pursuant this permission, shall not exceed the existing background sound level when measured according to British Standard BS4142:2014, at a point one metre external to the nearest noise sensitive premises.

 

Reason:To protect residents from excessive plant noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

18.

The windows shown on the approved plans as being obscurely glazed and the south eastern second floor landing window (beside bedroom 43), up to a height of 1.7m above second floor level, shall be obscurely glazed to Pilkington Level 4 or 5 (or such equivalent glazing which shall first have been agreed in writing by the Local Planning Authority).  The first floor activity room window in the south east elevation shall be non-opening.  These windows shall be retained in this form for the lifetime of the development.

 

Reason: In the interests of the amenities of nearby residents and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

19.

The outdoor terraces shall only be used between 08:00 and 22:00 on any day.

 

Reason: In the interests of the amenities of nearby residents and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

20.

No construction or site preparation work in association with this permission shall be undertaken outside of the hours of 08:00-18.00 Monday to Saturday and at no time on Sundays or Bank Holidays. Exceptionally, specific works or operations may be carried out outside these times, but these must be agreed in writing with the Local Planning Authority 7 days in advance of being undertaken.

 

Reason: To protect nearby occupants from excessive construction noise and vibration and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policies 17 and 19 of the Broxtowe Local Plan (2019).

 

21.

The fence on the south eastern boundary shall be a minimum of 2.5m above natural ground level, as shown on drawing number T0402-122E Proposed Elevations in Context, unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of the amenities of nearby residents and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

 

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.

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.

 

4.

The applicant is advised that the proposed use will require a Food Registration. Please contact the Council’s Environmental Health Department on Tel: 0115 9173485.

 

5.

The internal layout, design and construction of the premises must meet the current Food Safety and Health and Safety requirements. The applicant must therefore contact the Council’s Food and Occupational Safety Section on Tel: 0115 9173485.

 

6.

It is not permitted for any vehicles to obstruct the tramway at any time and consideration should be given to erecting a warning sign at the construction site exit point to warn of overhead lines. Please contact the Nottingham Express Transit (NET) Project Office for further information (0115 876 4095).

 

7.

In order to carry out the off-site works required, you will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which you have no control. In order to undertake the works, you will need to enter into an agreement under section 278 of the Act. Please contact hdc.south@nottscc.gov.uk for details.

 

8.

It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring.

 

9.

The developer should note the Traffic Regulation Order referred to in condition 15 above can be made on behalf of the developer by Via East Midlands (in partnership with Nottinghamshire County Council) at the developer’s own expense. Please contact the Highway Improvements Team on 0300 500 8080 for details.

 

10.

As this permission relates to the creation of a new unit, please contact the Council's Street Naming and Numbering team: 3015snn@broxtowe.gov.uk to ensure an address is 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.

11.

A Liaison Officer for the development should have their contact details made known to local residents so they can be contacted if there are issues during construction and once the home is operational.

 

Having spoken as Ward Member on the application Councillor J C Patrick did not join in the debate or vote thereon. 

 

Publication date: 30/07/2021

Date of decision: 07/07/2021

Decided at meeting: 07/07/2021 - Planning Committee

Accompanying Documents: