Agenda item

1.

The development hereby approved shall be begun before the expiration of 3 years from the date of this permission.

2.

This permission shall be read in accordance with the following plans:

·       AUG-TOTON-GRID-104-S Site Access Sheet 1 & 2

·       AUG-TOTON-GRID-104-S 100MW 2H Site + 30MW 2H Site Layout Sheet 1 & 2

·       AUG-TOTON-GRID-106-B Land Regs Borders

·       AUG-TOTON-GRID-107-D Tree Survey

·       AUG-TOTON-GRID-108-E Proposed Footpaths and Bridal Ways Sheet 1 & 2

·       AUG-TOTON-GRID-109-E Topo Sheet 1

·       AUG-TOTON-GRID-109-E Topo Sheet 2

·       AUG-TOTON-GRID-109-E Topo Sheet 3

·       AUG-TOTON-GRID-111-D Existing Site Plan

·       AUG-TOTON-GRID-113-C Site Cross Sections

·       AUG-TOTON-GRID-114-B Indicative Cable Route

·       AUG-TOTON-GRID-115-B Prominent Area of Special Protection Overlay

·       AUG-TOTON-GRID-301-B Std Battery Container

·       AUG-TOTON-GRID-302-B Invertor

·       AUG-TOTON-GRID-302-B TX

·       AUG-TOTON-GRID-303-A Switchgear container

·       AUG-TOTON-GRID-304-A Aux. Transformer

·       AUG-TOTON-GRID-305-A Fence Panel & Gate Sheet 1 & 2

·       AUG-TOTON-GRID-306-A Substation elevation

·       AUG-TOTON-GRID-307-D DNO control room Sheet 1

·       AUG-TOTON-GRID-308-A 33kV S/S

·       AUG-TOTON-GRID-309-A 20 FT Container – Storage pump

·       AUG-TOTON-GRID-401-A Boundary Comparison

·       AUG-TOTON-GRID-402-C Fire hydrant coverage

·       AUG-TOTON-GRID-403-B Water connection layout

(All received by the Local Planning Authority 31/01/24)

·       AUG- TOTON GRID-117-A – Cabling Sheet 1 & 2

(Received by the Local Planning Authority 28/03/24)

·       AUG-TOTON-GRID-307-D DNO control room Sheet 2

(Received by the Local Planning Authority 17/05/24)

Reason: For the avoidance of doubt.

3.

The planning permission hereby granted shall be for a temporary period only, to expire 30 years after the date of the first import of electricity to the development. Written confirmation of the first import date shall be provided to the local planning authority within one month after the first import date.

Reason: In the interests of preserving the Green Belt in the longer term and in the interests of visual amenity to secure the restoration of the land upon removal/extinguishment of the buildings and use for which permission has been justified on the basis of a special temporary need and in order to comply with Policy 3 – The Green Belt and Policy 10 - Design and Enhancing Local Identity of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 8 - Development in the Green Belt and Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

4.

No development shall commence until samples/details of the proposed external facing materials have been submitted to and agreed 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.

5.

No development shall take place until a detailed drainage strategy has been submitted to and approved by the Local Planning Authority in consultation with National Highways. The drainage strategy should include the detailed design of the soakaway and mechanism for discharging surface water to the A52 highway ditch via the soakaway. Thereafter, the agreed drainage should be installed prior to the installation of the battery storage site and be maintained in accordance with the strategy in perpetuity.

Reason: In the interests of reducing flood risk in accordance with Policy 1 Climate Change of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 1 – Flood Risk of the Broxtowe Part 2 Local Plan 2019.

6.

No development shall commence until a detailed cabling plan has been submitted to and agreed in writing by the Local Planning Authority in consultation with National Highways and Nottinghamshire County Council Highway Authority. The cabling plan shall include the exact layout including cross sections of the proposed cabling. The development shall be constructed only in accordance with the approved details.

Reason: In the interest of highway safety in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

7.

Prior to the commencement of development, an Arboricultural Method Statement and tree protection measures, to BS5837, shall be submitted to and approved in writing by the Local Planning Authority. This should demonstrate how all existing boundary trees and hedgerows to be retained will be protected during the construction period. The development shall thereafter be carried out only in accordance with the approved details.

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 are not impaired, in order to comply with Policy 17 – Biodiversity of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 31 - Biodiversity Assets of the Broxtowe Part 2 Local Plan 2019.

8.

No development shall take place until a landscaping scheme has been submitted to and approved by the Local Planning Authority in consultation with National Highways. This scheme shall include the following details:

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

(b) proposed boundary treatments

(c) proposed hard surfacing treatment

(d) proposed lighting details

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

(f) proposed retaining walls or similar structures

The approved scheme shall be carried out strictly in accordance with 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 highway safety in accordance with Policy 10 - Design and Enhancing Local Identity and Policy 17 – Biodiversity of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 17 - Place-making, Design and Amenity and Policy 31 - Biodiversity Assets of the Broxtowe Part 2 Local Plan 2019.

9.

No development shall take place until an excavation works plan shall be submitted to and approved in writing by the Local Planning Authorityin consultation with National Highways. This should include details of any excavation works within 10 metres of the A52 boundary undertaken in accordance with Chapter CD122 of the Design Manual for Roads and Bridges (DMRB). The approved scheme shall be carried out strictly in accordance with the agreed details.

Reason: In the interests of highway safety to ensure the integrity and stability of the A52 is not compromised 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 and Policy 19 - Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Local Plan Part 2.

10.

No development shall take place until temporary traffic management measures have been provided at the Chilwell Lane / Common Lane junction, in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interest of highway safety in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

11.

No development shall take place until a dilapidation survey along Common Lane has been submitted to the Local Planning Authority. The survey shall establish the existing condition of Common Lane before construction works take place. Within 3 months after construction works have been completed a survey shall be submitted confirming the condition of Common Lane. Arrangements will then be made to repair any damage caused by construction vehicles as soon as practicable.

Reason: In the interest of highway safety in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

12.

No development 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) construction, delivery and site preparation working hours

h) contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

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

Reason: To protect the amenity of neighbouring residents and in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Local Plan Part 2.

13.

No external lighting shall be installed on site until the details of the lighting, columns, including their number, type and locations, the intensity of illumination and predicted lighting contours and the details of when the lighting would be operational have been first submitted to and approved in writing by the Local Planning Authority in consultation with National Highways. The scheme shall ensure the lighting remains off at all times unless necessary for access, service and maintenance. Any external lighting that is installed shall accord with the details so approved.

Reason: In the interests of the living conditions of nearby residential properties, highway safety and biodiversity in accordance with Policy 10 - Design and Enhancing Local Identity and Policy 17 – Biodiversity of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 17 - Place-making, Design and Amenity and Policy 31 - Biodiversity Assets of the Broxtowe Part 2 Local Plan 2019.

14.

Prior to the commencement of the development, a detailed Landscape and Ecological Management Plan shall be submitted to and approved and by the Local Planning Authority. The Landscape and Ecological Management Plan shall include biodiversity enhancement measures and habitat creation. The development shall be implemented in accordance with the approved plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of securing an environmental net gain 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.

15.

Prior to the commencement of the development, a detailed Construction and Environmental Management Plan shall be submitted to and approved by the Local Planning Authority. The Construction and Environmental Management Plan shall contain mitigation measures to ensure the protection of wildlife on the site and shall be implemented in accordance with the approved plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of protecting existing environmental features and habitats during the construction period 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.

16.

Due to the presence of badger activity locally, prior to the commencement of development, including preparatory site clearance, a detailed badger survey of the site and a 30-metre buffer of the site boundary should be undertaken by a qualified ecologist. The results and any appropriate mitigation/licensing requirements shall be submitted to the Local Planning Authority for approval.

Reason: In the interests of protecting existing environmental features and habitats during the construction period 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.

17.

Prior to the commencement of the development, a footpath management plan shall be submitted to approved and by the Local Planning Authority. The development shall be implemented in accordance with the approved plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to ensure any new footpaths are maintained in perpetuity 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.

18.

Prior to the commencement of the development, a Construction Traffic Management Plan (CTMP) setting out the peak hourly traffic generation over the construction period for all vehicle movements and the routing of this traffic shall be submitted to approved and by the Local Planning Authority in consultation with National Highways. The development shall be implemented in accordance with the approved plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of highway safety in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

19.

The rating level of sound emitted from any fixed plant and/or machinery associated with the development shall not exceed background sound levels at the nearest sound sensitive property during the day and at night (taken as a 15 minute LA90).

Where access to the nearest sound-sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound-sensitive property.

Reason: To protect the amenity of neighbouring residents and in accordance with Policy 19 - Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Local Plan Part 2.

20.

A ‘statement of good practice’ shall be signed upon completion by a competent ecologist, and be submitted to the Local Planning Authority, confirming that the specified habitat creation and precautionary working measures have been implemented in accordance with the submitted Ecological Impact Assessment (SLR, 2024).

Reason: In the interests of securing ecological enhancements and protection of existing environmental features and habitats during the construction period 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.

21.

Any construction traffic using Common Lane associated with the proposed development shall not take place within between the hours of 08.20 to 8.50 and 15.20 to 15.50 Monday to Friday during school term time.

Reason: In the interest of highway safety in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

22.

Vehicular access to and from the A52 shall be for emergency vehicles only for the lifetime of the development.

Reason:In the interest of highway safety in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

23.

The development hereby permitted shall be carried out in accordance with Battery Storage Safety Management Plan V3 (26/01/24) for the lifetime of the development.

Reason: In the interests of fire safety 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.

24.

The development hereby permitted shall be carried out in accordance with noise mitigation measures contained within the Noise Assessment by Ian Sharland Limited (14/01/24) and retained in perpetuity.

Reason: To protect the amenity of neighbouring residents and in accordance with Policy 19 - Pollution, Hazardous Substances and Ground Conditions of the Broxtowe Local Plan Part 2.

25.

The development hereby permitted shall be carried out in accordance with the access widening details contained within the Transport Statement and Access Strategy (28/03/24) as shown on drawing VN222321-D100-A retained in perpetuity.   

Reason: In the interest of highway safety in accordance with Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

26.

The hereby permitted underground cabling and any associated works shall only be carried out outside of the bird breeding season March to September inclusive.

Reason: In the interests of protecting any nested birds during the construction period 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.

27.

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. This is with the exception of the area identified on the approved landscaping strategy as ‘advance planting’ which is to be planted prior to the commencement of any works.

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.

28.

No later than 12 months prior to the expiry of the planning permission, or within 18 months of the cessation of the operation of the site, or within 24 months following the disconnection of the BESS from the local distribution network, whichever is the sooner, a decommissioning scheme shall be submitted to and approved by the local planning authority. The decommissioning scheme shall include a programme and a scheme of work and shall be implemented in accordance with the approved details. The operator shall notify the local planning authority in writing within five working days following the cessation of the operation of the battery facility. All buildings, structures and associated infrastructure of the BESS facility shall be removed within 12 months of the approval of the decommissioning scheme, and the land restored, in accordance with the approved details.

Reason: In the interests of preserving the Green Belt in the longer term and in the interests of visual amenity to secure the restoration of the land upon removal/extinguishment of the buildings and use for which permission has been justified on the basis of a special temporary need and in order to comply with Policy 3 – The Green Belt and Policy 10 - Design and Enhancing Local Identity of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 8 - Development in the Green Belt 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 agreed determination timescale.

2.

The development makes it necessary to undertake works on 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 apply for a licence for which there will be additional design checking and supervision fees. Please contact licences@viaem.co.uk for details.

A representative from Via East Midlands must take part in the survey of Common Lane to agree its condition. Please contact highwayssouth.dm@viaem.co.uk for details.

4.

Nottinghamshire County Council PROW:

·        If the route is to be fenced, ensure that the appropriate width is given to the path and that the fence is low level and open aspect to meet good design principles.

• If a structure is to be built adjacent to the public footpath, the width of the right of way is not to be encroached upon.
• Structures cannot be constructed on the line of the right of way without the prior authorisation of the Rights of way team. It should be noted that structures can only be authorised under certain criteria and such permission is not guaranteed
• Should scaffold be required on or over the RoW then the applicant should apply for a license and ensure that the scaffold is constructed so as to allow the public use without interruption.
• licences@viaem.co.uk  
• If this is not possible then an application to temporarily close the path for the duration should also be applied for (6 weeks’ notice is required), email countryside.access@nottscc.gov.uk
• If a skip is required and is sited on a highway, which includes a RoW then the company supplying the skip must apply for a permit.  http://www.nottinghamshire.gov.uk/transport/licences-and-permits/skip-permit
• and also ensure that the RoW can still be accessed appropriately by the users permitted by its status i.e. equestrians if a on bridleway, motorised vehicles if on a byway open to all traffic.