Agenda item

1.

The development hereby approved shall be begun before the

expiration of 3 years from the date of this permission.

Reason: To comply with the requirements of Section 91 of the

Town and Country Planning Act 1990 as amended.

2.

This permission shall be read in accordance with the following

plans:

·       1001 P03 Landscape Plan

(Received by the Local Planning Authority 24/01/25)

·       1000 P07 Location Plan

·       1001 P05 Existing Site Pan

·       1002 P05 Existing Detailed Site Plan

·       1010 P01 Masterplan

·       1011 P07 Proposed Site Plan

·       1012 P06 Proposed Detailed Site Plan

·       1015 P04 Proposed Site Sections

 (Received by the Local Planning Authority 22/01/25)

·       32 Proposed Sub Station

(Received by the Local Planning Authority 10/01/25)

·       20 P02 Unit 1 GA Plan

·       25 P02 Unit 2 GA Plan

·       22 P05 Unit 1 Elevations

·       27 P04 Unit 2 Elevations

(Received by the Local Planning Authority 16/10/24)

·       21 P01 Unit 1 Roof Plan

·       23 P02 Unit 1 3D View

·       26 P01 Unit 2 Roof Plan

·       28 P01 Unit 2 3D Views

·       30 Cycle Shelter

·       31 Bin Store 1

·       D53703/JB/A External Lighting Plan

(Received by the Local Planning Authority 03/10/24)

Reason: To ensure that the development takes the form envisaged by the Local Planning Authority when determining the application.

3.

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 HSP2024-C4713-C&S-FRAS1-2499, September 2024, hsp consulting., 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 40% (climate change) critical rain storm to QBar rates for the developable area.

·       Provide detailed design (plans, network details, calculations and supporting summary documentation) in support of any surface water drainage scheme, including details of 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 years and 1 in 100 years plus climate change return periods.

- No surcharge shown in a 1 in 1 year.

- No flooding shown in a 1 in 30 years.

- 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: To ensure the proposed development has sufficient surface water management in accordance with Policy 1 - Climate Change of the Broxtowe Aligned Core Strategy Part 1 Local Plan 2014, Policy 1: Flood Risk of the Broxtowe Part 2 Local Plan 2019 and Part 14 - Meeting the challenge of climate change, flooding and coastal change of the NPPF 2024.

4.

No development 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 / site clearance; 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: To protect the amenity of neighbouring residents in accordance with Policy 17 - Place-making, Design and Amenity, Policy 19 – Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Part 2 Local Plan 2019 and Policy BED 3: Design Principles of the Awsworth Neighbourhood Plan 2021.

5.

Statutory Biodiversity – Deemed Condition

Biodiversity Net Gain (BNG) of 10% for developments is a mandatory requirement in England under the Environment Act 2021. 

The effect of the relevant paragraphs of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition (the biodiversity gain condition) that development may not begin unless:

1. a Biodiversity Gain Plan has been submitted to the planning authority, and
2. the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Broxtowe Borough Council.

Key Requirements:

A Biodiversity Gain Plan (BGP) must be submitted to the Local Planning Authority, in writing no earlier than the day after planning permission has been granted and should be in accordance with the BNG Metric received by the Local Planning Authority on 21 January 2024, prepared by Charlotte Mercer Principal Ecologist M.Sc. B.Sc. (Hons).

The biodiversity gain plan must include:

(a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;

(b) the pre-development biodiversity value of the onsite habitat;

(c) the post-development biodiversity value of the onsite habitat;

(d) any registered offsite biodiversity gain allocated to the development and the biodiversity value of that gain in relation to the development;

(e) any biodiversity credits purchased for the development; and

(f) any such other matters as the Secretary of State may by regulations specify.

When calculating the post-development biodiversity value of a habitat, the planning authority can only take into account an increase in biodiversity value post development where it is satisfied that the habitat creation or enhancements delivering the increase will be maintained for at least 30 years after the development is completed. This must be secured either by a planning condition, planning obligation, or conservation covenant

Template available here;

https://www.gov.uk/government/publications/biodiversity-gain-plan

The development shall not commence until a Habitat and Monitoring Management Plan (HMMP) has been submitted to ensure that the development meets all the requirements of the Biodiversity Gain Plan (BGP). 

The Habitat Management and Monitoring Plan (the HMMP) must include:

(a) a non-technical summary;

(b) the roles and responsibilities of the people or organisation(s) delivering the HMMP;

(c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

(d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and

(e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,

Template available here;

https://publications.naturalengland.org.uk/publication/5813530037846016

Notice in writing shall be given to the Council when the:

(a) HMMP has been implemented; and

(b) habitat creation and enhancement works as set out in the HMMP have been completed.

No part of the development hereby approved shall be occupied until:

(a) the habitat creation and enhancement works set out in the approved HMMP have been completed; and

(b) a completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the Local Planning Authority

The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.

Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved HMMP.

Reason: To ensure the development delivers a biodiversity net gain on or off site in accordance with the relevant paragraphs of Schedule 7A of the Town and Country Planning Act 1990. 

6.

No development above slab level shall commence until written and illustrative details of the number, siting, and design of the electric vehicle charging points have been submitted to and approved in writing by the Local Planning Authority. No commercial unit shall be occupied until the electric vehicle charging points have been provided in accordance with the approved details.

Reason: To future proof the development and in the interests of air quality in accordance with Policy 1 - Climate Change of the Broxtowe Aligned Core Strategy Part 1 Local Plan 2014, Policy 17 - Place-making, Design and Amenity and Policy 20: Air Quality of the Broxtowe Part 2 Local Plan 2019.

7.

No part of the development hereby permitted shall be brought into use until the parking, turning and servicing areas are surfaced in a bound material with the parking bays clearly delineated in accordance with drawing number 207 56 THP XX XX DR A 1012 P06 (received 22/01/25). The parking, turning and servicing areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking, turning and loading and unloading of vehicles.

Reason: In the interests of highway safety in accordance with Policy 17 - Place-making and Design and Amenity of the Broxtowe Part 2 Local Plan (2019) and Policy TT 2: Car Parking of the Awsworth Neighbourhood Plan 2021.

8.

No part of the development hereby permitted shall be brought into use until the highway works as shown for indicative purposes only on drawing number 207 56 THP XX XX DR A 1012 P06 (received 22/01/25) have been provided to the satisfaction of the Local Planning Authority.

Reason: In the interests of highway safety in accordance with Policy 17 - Place-making and Design and Amenity of the Broxtowe Part 2 Local Plan (2019) and TT 1: Traffic Management of the Awsworth Neighbourhood Plan 2021.

9.

The approved landscaping shall be carried out in accordance with the approved drawing 1001 P03 Landscape Plan (received 24/01/25) not later than the first planting season following the substantial completion of the development or occupation of the building, 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.

Reason: To ensure that the details are satisfactory in the interests of the appearance of the area and in accordance with Policy 10 - Design and Enhancing Local Identity of the of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan (2019).

10.

The development hereby approved must be carried out in accordance with the precautionary working measures, ecological enhancement measures and an Ecological Clerk of Works ECoW is used to undertake checking surveys for species prior to the commencement of works contained within Section 4.0 Potential Impacts and Recommendations of the submitted Ecological Appraisal produced by AES-LTD (Received by the Local Planning Authority 03/10/24).

Reason: In the interests of securing biodiversity enhancements and the protection of protected species in accordance with Policy 17 - Biodiversity of the Broxtowe Aligned Core Strategy Part 1 Local Plan 2014, Policy 31 - Biodiversity Assets of the Broxtowe Part 2 Local Plan 2019 and Policy GI 3: Biodiversity of the Awsworth Neighbourhood Plan 2021.

11.

The development hereby approved must be carried out in accordance with the tree protection measures contained within Appendix 3 of the submitted BS 5837:2012 Arboricultural Report, Impact Assessment and Method Statement produced by Treefellas Arboriculture Limited (Received by the Local Planning Authority 03/10/24).

Reason: To ensure protection during construction works of trees and hedgerows which are to be retained on or near the site in order to ensure that the character and amenity of the area is not impaired, in order to comply with Policy 17 - Biodiversity of the Broxtowe Aligned Core Strategy Part 1 Local Plan 2014, Policy 31 - Biodiversity Assets of the Broxtowe Part 2 Local Plan 2019 and Policy GI 5 Local Woodlands, Tree Belts & Hedgerows of the Awsworth Neighbourhood Plan 2021.

12.

The premises shall not operate except between 07.30-22.00 hours daily.

Reason: To protect the immediate residents from excessive operational noise in accordance with Policy 17 - Place-making, Design and Amenity, Policy 19 – Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Part 2 Local Plan 2019 and Policy BED 3: Design Principles of the Awsworth Neighbourhood Plan 2021.

13.

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 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 in accordance with Policy 17 - Place-making, Design and Amenity, Policy 19 – Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Part 2 Local Plan 2019 and Policy BED 3: Design Principles of the Awsworth Neighbourhood Plan 2021.

14.

No materials produced as a result of the site’s operational activities, development or clearance shall be burned on site. All reasonable steps, including damping down site roads, shall be taken to minimise dust and litter emissions whilst the activities are in operation.

Reason: To protect nearby residents from excessive air pollution in accordance with Policy 17 - Place-making, Design and Amenity, Policy 19 – Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Part 2 Local Plan 2019 and Policy BED 3: Design Principles of the Awsworth Neighbourhood Plan 2021.

15.

In the event that contamination is found at any time when carrying out the approved development 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 the requirements of the Local Planning Authority, 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: In the interest of public health and safety in accordance with Policy 17 - Place-making, Design and Amenity and Policy 19 – Pollution, Hazardous Substances and Ground Conditions 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.

If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0800 288 4242. Further information is available on the Coal Authority website at:

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

3.

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.

4.

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 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.