Decision details

Application Number 20/00745/FUL

Decision Maker: Planning Committee

Decision status: For Determination

Decisions:

Construct 42 dwellings with improved access, provision of an internal access road, landscaping and associated works following the demolition of buildings

Old Station Yard, Station Road, Beeston, NG9 2AB

 

The application sought to construct 42 dwellings with improved access, provision of an internal access road, landscaping and associated works following the demolition of buildings and was brought to the Committee following deferral at meeting of 21 April 2021.

 

Members considered the late items for the application which included an e-mail from a resident regarding access to scheme and further information from the applicant.

 

Ms E Christie (applicant) and Councillor T Roberts-Thompson (Ward Member) addressed the Committee prior to the general debate.

 

Members debated the application and the following comments were amongst those noted:

 

  • The proposal was over intensive for the surrounding area.
  • Further traffic issues for the surrounding area.
  • There was a need to build affordable housing in the borough.

 

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 & Country Planning Act 1990 to secure the provision of affordable housing on the site and to cover contributions towards: provision and maintenance of open space, and primary health care 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 site location plan and drawings numbered pjsl20-05-001a, 600161-hex-0-gen-de-c-0110 sheets 1 and 2, 9478-pl02, 9478-pl06, 9478-pl07, 9478-pl10, and 9478-pl11 received by the local planning authority on 26.10.21, 9478-pl20a, 9478-pl21a, 9478-pl22a, 9478-pl23a, 9478-pl24a and 9478-pl25a received by the local planning authority on 01.12.20, 9478-pl03d, received by the local planning authority on 26.03.21, the indicative tro shown on 60061-hex-00-gen-dr-c-0113 rev p02 and 60061-hex-00-gen-dr-c-0114_tro p01 received by the local planning authority on 31.03.21 and 9530-l-01 rev b and 9530-l-02 rev b received by the local planning authority on 07.04.21.

 

Reason: for the avoidance of doubt.

 

3.

The development shall be constructed only in accordance with the details of materials as approved on drawing numbers 9478-pl20a, 9478-pl21a, 9478-pl22a, 9478-pl23a, 9478-pl24a and 9478-pl25a received by the local planning authority on 01.12.20, unless alternative details have otherwise been agreed in writing by the local planning authority.

 

Reason: to ensure a satisfactory standard of external appearance and in accordance with the aims of policy 17 of the broxtowe part 2 local plan (2019) and policy 10 of the aligned core strategy (2014).

 

4.

No above ground works shall be commenced until a landscapingScheme has been submitted to and approved by the local Planning authority.  This scheme shall include the following details:

 

(a)   proposed boundary treatments including armco safety barriers

(b)   proposed hard surfacing treatment

(c)   proposed lighting details particularly in regard to lighting near railway land and which shall be bat sensitive

(d)   planting, seeding/turfing of other soft landscape areas

(e)   a management and maintenance scheme relating to the landscaped areas not within the curtilage of a dwelling

(f)    ecological enhancements which shall include the number, type and location of bird and bat boxes

The approved scheme shall be carried out strictly in accordanceWith the agreed details.

 

Reason: limited details were submitted and to ensure that the details are satisfactory in the interests of the appearance of the area and in accordance with the aims of policy 17 of the broxtowe part 2 local plan (2019) and policy 10 of the aligned core strategy (2014).

 

5.

No part of the development hereby approved shall be commenced 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.

 

No building hereby approved shall be occupied until all the appropriate remedial measures have been completed in accordance with the approved details, unless an alternative has first been approved in writing by the local planning authority; and
it has been certified to the satisfaction of the local planning authority that the necessary remedial measures have been implemented in full.


reason: in the interests of public health and safety, and to ensure that the development does not result in unacceptable levels of water pollution and in accordance with policy 19 of the broxtowe part 2 local plan (2019).

 

6.

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

 

Reason: to protect nearby occupants from excessive construction noise and vibration and in accordance with policy 19 of the broxtowe part 2 local plan (2019).

 

7.

No above ground works shall be commenced until a detailed surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy, and designed so as to be collected and diverted away from Network Rail property, 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 include 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: In the interests of minimising flood risk, in accordance with Policy 1 of the Broxtowe Part 2 Local Plan (2019) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

 

8.

No part of the development shall be commenced until the results of a reptile survey has been submitted to and approved in writing by the local planning authority. The survey should include details of any mitigation measures that may be required to protect, or measures proposed for the relocation of, any reptiles found on the site, and should these be required, the measures shall be implemented in accordance with the details as approved.

 

Reason: In the interests of safeguarding a protected species, in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and Policy 17 of the Broxtowe Aligned Core Strategy (2014).

 

9.

No part of the development shall be commenced until an application for a traffic regulation order (tro) as shown indicatively on approved drawing number 60061-hex-00-gen-dr-c-0113 rev p01 and 60061-hex-00-gen-dr-c-0114_tro rev p01 has been submitted to the highway authority. The tro shall thereafter be implemented in accordance with the approved tro unless otherwise agreed in writing by the local highway authority.

 

Reason: In the interests of highway safety in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019).

 

10.

All noise mitigation measures shall be designed and installed in accordance with the approved mitigation scheme as detailed in omnia’s noise and vibration impact assessment (b10610/1.1 draft september 2020). No building hereby approved shall be occupied until the respective mitigation measures, relevant to that dwelling, have been installed.

 

Reason: in the interests of public health and safety and in accordance with Policy 19 of the Broxtowe Part 2 Local Plan (2019).

 

11.

No building hereby approved shall be occupied until the access road and communal parking / turning areas have been completed and made available for use.

 

Reason: To ensure a satisfactory standard of external appearance and in the interests of highway safety, in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

 

12.

No building hereby approved shall be occupied until the boundary treatments and in curtilage parking pertinent to that dwelling have been provided.

 

Reason: To ensure a satisfactory standard of external appearance and in the interests of highway safety, in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

 

13.

The development shall be carried out in accordance with the submitted Flood Risk Assessment prepared by Rodgers Leask Limited, 15 October 2020 and finished floor levels shall be set no lower than 27.53 metres above Ordnance Datum (AOD).

 

These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

Reason: In the interests of minimising flood risk, in accordance with Policy 1 of the Broxtowe Part 2 Local Plan (2019) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

 

14.

The approved landscaping shall be carried out not later than the first planting season following the substantial completion of the development or occupation of the dwellings, whichever is the sooner 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: To ensure the development presents a more pleasant appearance in the locality and in accordance with Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

 

15.

No construction, demolition or site preparation work in association with this permission shall be undertaken outside of the hours of 08.00 – 18.00 monday to friday, 08.00-13.00 saturdays and at no time on sundays or bank holidays, unless otherwise agreed in writing by the local planning authority.

 

Reason: to protect nearby occupants from excessive construction noise and vibration and in accordance with policy 19 of the broxtowe part 2 local plan (2019).

 

16.

No construction, demolition or site preparation work in association with this permission shall be undertaken unless in accordance with the details submitted within the construction method statement dated april 2021 and received by the local planning authority on 28.04.21.

 

Reason: In the interests of highway safety and the safe operation of the railway, in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Broxtowe 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 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 Highway Authority advise:

 

Reference in any condition contained in this permissionto any Statute, Statutory Instrument, Order, Regulation, Design Guide or other document shall be taken to include any amendment, replacement consolidation or variation that shall from time to time be in force and any reference to any body or organisation (public or private) shall be taken to include any successor-body or organisation exercising relevant functions in place of or alongside the body named.

 

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 for which there is a fee.

 

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. Correspondence with the Highway Authority should be addressed to:

Hdc.south@nottscc.gov.uk

 

In order to carry out the off-site works required you will be undertaking work inthe 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 for which there is a fee. Please contact: hdc.south@nottscc.gov.uk

 

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, 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.  [Where the development site may be accessed by a significant number of vehicles or may be particularly susceptible to material ‘tracking’ off site onto the highway, details of wheel-washing facilities must be provided to and approved by the Highway Authority.]

 

The proposed access/off-site highway works referred to in condition 7 requires a Traffic Regulation Order before the development commences to provide safe access/off-site mitigating works. The developer should note that the Order can be made on behalf of the developer by Via East Midlands in partnership with Nottinghamshire County Council at the expense of the developer. This is a separate legal process and the Applicant should contact the Improvements Team on 0300 500 8080 for details.

 

5.

The developer is advised to contact network rail in respect of the need to submit a method statement, which should be agreed prior to commencement of works on the site.

 

Asset Protection Project Manager

Network Rail (London North Eastern)

Floor 3B

George Stephenson House

Toft Green

York

Y01 6JT

 

Email: assetprotectionlneem@networkrail.co.uk

 

 

6.

As this permission relates to the creation of new units, please contact the council's street naming and numbering team: 3015snn@broxtowe.gov.uk to ensure addresses 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.

 

 

Publication date: 10/06/2021

Date of decision: 02/06/2021

Decided at meeting: 02/06/2021 - Planning Committee

Accompanying Documents: