Agenda item

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 Site Location Plan 1:1250, Proposed Outbuilding Plans, 121627/008C, Proposed Outbuilding Elevations, 121627/008C, Proposed Bike and Bin Store Plans and Elevations, 121627/0011A, Toilet Block, 126223/BR/012A received by the Local Planning Authority 06. 12.2021, Proposed House Elevations, Proposed Block Plan, 126223 PL/104B and Floor Plans, 121627/007F and Proposed internal arrangement and Swept Path Analysis, 20000570-003 received by the Local Planning Authority 21.03.2022.

Reason: For the avoidance of doubt.

3.

No building operations shall be carried out until details of the following:

·       Methodology for intrusive investigations to above ground building fabric;

·       All repair works to existing building fabric, including proposed materials to be used;

·       Methodology for identifying any below ground remains that may be impacted by the proposals;

·       Final drainage and landscaping proposals;

·       Detailed window and door designs;

·       Written and Photographic Historic Building record is made of the site prior to conversion, with the same deposited within an archive, and to Level agreed with the Local Planning Authority.

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: No such details were submitted and to ensure the development presents a satisfactory standard of external appearance, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), Policy 11 and Policy 17 of the Part 2 Local Plan (2019).

4.

No excavations for services, storage of materials or machinery, parking of vehicles, deposit or excavation of soil or rubble, or disposal of liquids shall take place within or directly adjacent to Greasley Cemetery LWS. Furthermore, no fires should be lit within 5m of the LWS, and the lighting strategy must be designed so that it does not spill over onto the LWS.

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.

5.

All excavations shall be covered overnight or else have an escape ramp to prevent entrapment of badgers, hedgehogs, and other wildlife. All pipework greater than 150 mm should be capped off at the end of the day and chemicals should be stored securely.

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.

6.

No stripping, demolition works, or vegetation clearance shall take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by an experienced ecologist. If nesting birds are present, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present.

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.

7.

Prior to works commencing 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,

·       Future management of retained trees and hedges,

·       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.

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.

8.

a) 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.

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: In the interest of public health and safety, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), and Policy 17 of the Part 2 Local Plan (2019).

No development within the full planning permission phase hereby approved shall take place until a Construction / Demolition Method Statement has been submitted to and approved in writing by the Borough Council. 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 demolition the development;

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

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

g)    a scheme for the identification and safe removal of asbestos containing material

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

Reason: In the interest of public health and safety, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), and Policy 17 of the Part 2 Local Plan (2019).

10.

Suitable ventilation 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: To protect nearby occupiers from excessive odour, 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 proposed development shall not be brought into use until the visibility splays shown on drawing 2000570-002 Rev A have been provided. The area within the south-eastern splay shall thereafter be kept clear of all obstructions, structures or erections exceeding 0.26 metres in height.

Reason: In the interest of highway safety, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), and Policy 17 of the Part 2 Local Plan (2019).

12.

The proposed development shall not be brought into use until the parking, turning, and servicing areas as shown on drawing 2000570-003 Rev D have been provided. The parking, turning and servicing areas shall be maintained in accordance with the approved details, and shall not be used for any purpose other than the parking, turning, and loading/unloading of vehicles.

Reason: In the interest of highway safety, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), and Policy 17 of the Part 2 Local Plan (2019).

13.

The proposed development shall not be brought into use until the footway improvement works as shown indicatively on drawing 2000570-003 Rev D have been provided.

Reason: To promote sustainable travel, in the interest of highway safety, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), and Policy 17 of the Part 2 Local Plan (2019).

14.

The proposed development shall not be brought into use until the site access has been surfaced in a bound material (not loose gravel) for a minimum distance of 5m behind the highway boundary, and which shall be constructed with provision to prevent the discharge of surface water from the access 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, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), and Policy 17 of the Part 2 Local Plan (2019).

15.

The premises shall not be used except between 08.30 – 22.00 hours Sunday to Thursday and 08.30-23.00 hours Friday to Saturday without the prior agreement in writing of the Local Planning Authority.

Reason: To protect nearby residents from excessive operational noise, in accordance with the aims of Policy 10 of the 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 determination timescale.

2.

The proposed development lies within an area that has been defined by the Coal Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place.

Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at:

ww.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain a Coal Authority Permit for such activities is trespass, with the potential for court action.

If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at:

www.gov.uk/government/organisations/the-coal-authority

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 to contact the Environmental Health department on 0115 9173485 to ensure the internal Kitchen layout and toilet provisions comply with current guidance for Food and Health and Safety regulations for the proposed activities. You can register your food business 28 days prior to opening at

https://register.food.gov.uk/new/broxtowe

5.

The applicant is advised to contact the Licensing department on 0115 9173485 to ensure the activity complies with current guidance for Licensing regulations for the proposed activities.

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.

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.