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 drawings:

Received by the Local Planning Authority on 9 May 2024:

·       Site Location Plan, Proposed Site Plan and Block Plan ref: 02 Rev N

·       Proposed Floor Plans and Elevations ref: 06 Rev G

·       Proposed Elevations ref: 07 Ref H

Received by the Local Planning Authority on 13 May 2024:

·       Proposed Elevations, Floor Plans and Roof Plan ref: 06 Rev H

Reason:For theavoidance ofdoubt.

   3.

No above ground works shall be carried out until samples and details of the materials to be used in the facing walls and roofs 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: Insufficient details were submitted and the development cannot proceed satisfactorily without the outstanding matters being agreed and no such details were submitted with the application. To ensure the satisfactory standard of external appearance in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

   4.

No above ground works shall be carried out until a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:

(a)   numbers, types, sizes and positions of proposed trees and shrubs;

(b) details of planting, seeding/ turfing of other soft landscape areas and hardscape areas;

(c) details of the site boundary treatments and curtilage boundary treatments; and

(d)  a timetable for implementation of the scheme.

The landscaping scheme shall be carried out in accordance with the approved timetable. If any trees or plants, which, within a period of 5 years, die, are removed or have become seriously damaged or diseased they shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority.

Reason: Insufficient information was submitted and to ensure the development presents a satisfactory standard of external appearance to the area 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).

    5.

No dwelling shall not be first occupied until:

(i)   a dropped vehicular footway crossing serving the parking spaces is available for use and constructed in accordance with the Highway Authority specification;

(ii) the parking area is surfaced in a bound material and each space has been clearly delineated as shown on the drawing: 02 Rev M and constructed to prevent the unregulated discharge of surface water onto the highway. This area shall be maintained for the life of the development.

Reason: In the interests of highway safety to mitigate the impact of the development on the highway network and in accordance with the aims of Policy 14 of the Broxtowe Aligned Core Strategy (2014).

   6.

The development hereby approved shall be carried out in accordance with the Construction Phase Plan by Swish Architecture & Planning Rev A dated August 2023 received by the Local Planning Authority on 24 August 2023.  The approved statement shall be adhered to throughout the construction period.

Reason: In order to mitigate the impact of the development on the tram and ensure the tram remains fully operational throughout and after the development and to protect the amenity of neighbouring residents and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policies 10 and 14 of the Aligned Core strategy (2014).

   7.

The development hereby approved shall be carried out in accordance with the Noise Assessment by NoiseAssess ref: 12851.02v1 dated September 2022 received by the Local Planning Authority on 24 August 2023. 

Reason: To protect future occupiers from excessive environmental noise and in accordance with the aims of Policy 19 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core strategy (2014).

   8.

The development shall be constructed in accordance with the submitted Flood Risk Assessment prepared by Swish Architecture & Planning received by the Local Planning Authority on 11 July 2023.  The finished floor levels shall be set no lower than 27.55 metres Above Ordnance Datum (AOD).   These mitigation measures shall be completed prior to occupation and maintained thereafter throughout the lifetime of the development.

Reason: To reduce the risk of flooding and in accordance with the aims of Policy 1 of the Broxtowe Aligned Core Strategy (2014) and Policy 1 of the Part 2 Local Plan (2019).

   9.

No construction 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 and in accordance with the aims of Policy 19 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core strategy (2014).

 10.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), the dwellings hereby permitted must not be used within Class C3.

Reason: To ensure compliance with Policy 15 of the Broxtowe Part 2 Local Plan (2019) and Policy 8 of the Aligned Core Strategy (2014).

NOTE TO APPLICANT

1.

The Council has acted positively and proactively in the determinationof this applicationby workingto determineit within the agreed determination timescale.

   2.

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.

   3.

Burning waste on site is strictly prohibited.

   4.

The removal of the conifer trees should be avoided between nesting   season (March until August).  If any nesting birds are found within the trees, works to the trees should cease immediately and a licensed ecologist be consulted.

   5.

The proposal makes it necessary to construct a vehicular crossing over a footway of the public highway. These works shall be constructed to the satisfaction of the Highway Authority. You are, therefore, required to contact the County Council’s Customer Services to arrange for these works on telephone 0300 500 80 80.to arrange for these works to be carried out.

   6.

  A NET Permit to Work may be required. Please visit:  

  https://www.thetram.net/building-work-near-the-tram before      development commences and apply for a permit should the     development breach any  of these requirements.

   7.

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:www.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