Agenda item

1.

The development to which this approval relates shall be begun no later than 7 July 2026.

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 plans:

·       Site Location Plan

·       Utility Survey 45652_T_UG Rev. 0

·       Topographical Survey 45652_T Rev. 0

·       Existing Site Plan 0101 Rev. P02

·       Existing Building 0016 Rev. P01

(All received by the Local Planning Authority 19/01/23)

·       Proposed Floor Plans 0010 Rev. P07

·       Proposed Roof Level Plan 0012 Rev. P05

·       Proposed Elevations 0015 Rev. P09

(All received by the Local Planning Authority 11/10/24).

·       Full Size APG and 7v7 Pitch 00 Rev 04

·       Site Section 13

·       Proposed MUGA Drainage Strategy 12 Rev 01

(Received by the Local Planning Authority 24/12/24).

Reason: For the avoidance of doubt.

3.

The development to which this relates shall be carried out in accordance with materials as approved by the Local Planning Authority 23/10/24.

Reason: To ensure the satisfactory appearance of the development in accordance with Policy 10 - Design and Enhancing Local Identity 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.

4.

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 Policy 19 - Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Part 2 Local Plan 2019.

5.

The development to which this relates shall be carried out in accordance with landscaping details as approved by the Local Planning Authority 08/08/24.

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.

6.

The development to which this relates shall be carried out in accordance with the Landscape and Ecological Management Plan as approved by the Local Planning Authority 08/08/24.

Reason: In the interests of securing an environmental net gain and habitat protection in accordance with Policy 17 - Biodiversity of the Broxtowe Aligned Core Strategy Part 1 Local Plan 2014 and Policy 31 - Biodiversity Assets of the Broxtowe Part 2 Local Plan 2019.

7.

The development to which this relates shall be carried out in accordance with the Construction / Demolition Method Statement as approved by the Local Planning Authority 08/08/24.

To protect the amenity of neighbouring residents in accordance with Policy 10 - Design and Enhancing Local Identity 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.

8.

The development to which this relates shall be carried out in accordance with the cricket club relocation plan as approved by the Local Planning Authority 15/04/24.

Reason: To ensure suitable relocation of the cricket club is secured in accordance with the aims within Part 8 - Promoting healthy and safe communities of the of the National Planning Policy Framework 2021.

9.

No part of the development shall be brought into use until a detailed renewable energy and sustainability management plan has been submitted to and approved by the Local Planning Authority. Details should include the siting, design and required maintenance of any renewable energy structures.   

Reason: In the interests of sustainability in accordance with Policy 1 - Climate Change of the Aligned Core Strategy Part 1 Local Plan 2014 and Part 14 - Meeting the challenge of climate change, flooding and coastal change of the NPPF 2024.

10.

Prior to development being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing.  This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

Reason: In the interest of public health and safety in accordance with Policy 19 - Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Part 2 Local Plan 2019

11.

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 installation of the any ventilation and filtration equipment. Equipment shall be installed and in full working order to the satisfaction of the Local Planning Authority prior to the commencement of use.

Reason: In the interest of public health and safety in accordance with Policy 19 - Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Part 2 Local Plan 2019.

12.

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 Full Size APG and 7v7 Pitch 00 Rev 04. 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: To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

13.

No part of the development shall be brought into use until illustrative details of the siting and design of the bin and cycle storage facilities has 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: To ensure the satisfactory appearance of the development in accordance with Policy 10 - Design and Enhancing Local Identity 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.

14.

No part of the development shall be brought into use until a scheme detailing the developments adherence to Secured by Design principles has been submitted to and approved in writing by the Local Planning Authority. All measures detailed in the scheme shall thereafter be implemented and within an agreed timeframe which shall be set out in the submitted details.

Reason: To reduce the potential for crime in accordance with Part 8 - Promoting healthy and safe communities of the National Planning Policy Framework 2024.

15.

No part of the development shall be brought into use until a Noise Management Plan has been submitted in writing and approved in writing by the Local Planning Authority detailing measures that will be implemented to ensure that any noise associated with the development does not cause detriment to amenity or a nuisance to those living in the vicinity. The Noise Management Plan shall be complied with for the lifetime of the development.

The Noise Management Plan must include:

• the design measures which will ensure that the surrounding fence meets the ‘best practical means’ to reduce impact noise,
• repair and maintenance measures to ensure that these design measures are maintained,
• proposed measures to manage the behaviour of clients using the MUGA,
• proposed measures to prevent unauthorised use of the MUGA outside the permitted hours of use, and
• proposed local community engagement measures to ensure that the impact of the development on residents is mitigated through effective communication and community liaison. 

Reason: To protect nearby occupiers from noise 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.

16.

The lighting scheme for the new development shall be designed and operated to ensure that light intrusion into neighbouring residential windows shall not exceed 5 Ev (lux) measured as vertical luminance.

Reason: To protect nearby residents and road users from excessive light pollution 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.

17.

The floodlit MUGA shall only be used at the following times: Monday to Sunday 08.30-21.00 only.

Reason: To protect nearby residents and road users from excessive operational noise and light pollution 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.

18.

The pavilion building shall not be used except between 08.00 - 22.00 Monday to Sundays without the prior agreement in writing of the Local Planning Authority.

Reason: To protect existing residents from noise 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.

19.

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 occupiers from excessive construction noise 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.

20.

The hereby permitted development shall be carried out in accordance with the recommendations contained within Section 6.3 of the Sustainable FRA and Drainage Strategy by Tunstall Smith King dated May 2023.

Reason: In the interests of flood risk in accordance with Policy 1 - Climate Change of the Aligned Core Strategy Part 1 Local Plan 2014 and Part 14 - Meeting the challenge of climate change, flooding and coastal change of the NPPF 2024.

21.

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 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 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 satisfactory appearance of the development in accordance with Policy 10 - Design and Enhancing Local Identity 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.

NOTES TO APPLICANT

1.

The Council has acted positively and proactively in the determination of this application by working to determine it within the statutory 13-week determination timescale.

2.

The applicant is advised that the proposed will require a Food Registration. Please contact the Councils Environmental Health Department on Tel 0115 9173485.

3.

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 councils Food and Occupational Safety Section on tel :01159173485.

4.

The applicant is advised that the proposed may require a Premises Licence. Please contact the Councils Licensing Department on Tel 0115 9173485.