Agenda item

1.

The development hereby approved shall be carried out in accordance with drawing numbers ADC1044/005 revision D and drawing ADC1044/007 revision A received by the Local Planning Authority on 7 October and 29 January 2020 respectively. No more than 20 occupations of the proposed development shall take place until site access arrangements shown on drawing ADC1044/005 revision D have been provided.

Reason: For the avoidance of doubt and in the interest of highway safety.

2.

Following the written approval of the Local Planning Authority dated 31 May 2023 of the Site Investigation findings, the remedial works identified, shall be implemented for each dwelling in full accordance with the approved details prior to the occupation of each dwelling.

Reason: The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigation measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

3.

The hereby approved development shall be carried out in accordance with the approved Construction Method Statement (February 2023 REV B) unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of highway safety.

4.

The hereby approved detailed Surface Water Drainage Scheme shall be carried out in accordance with the following approved

details dated 01 August 2023 unless otherwise agreed in writing by the Local Planning Authority.

Reason: A detailed surface water management plan is required to ensure that the development prevents an increase in flood risk, improves and protects water quality and sufficient surface water management in accordance with the aims of the NPPF and Policy 1 of the Broxtowe Part 2 Local Plan 2019.

5.

The hereby approved development shall be carried out in accordance with the approved details of appropriate gas prevention measures.  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: The application was submitted in outline only so no such details were provided. The development cannot proceed safely without such details being provided before development commences to ensure that the details are satisfactory, in the interests of public health and safety and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

6.

The herby approved development shall be carried out in accordance with the approved Environmental Noise Assessment (210879, February 2022), unless otherwise agreed in writing.

b)       All noise mitigation measures shall be designed and installed in accordance with the approved mitigation scheme and completed under the supervision of an acoustic engineer. All works shall be completed before any permitted dwelling is occupied.

Reason: The application was submitted in outline only so no such details were provided. The development cannot proceed satisfactorily without such details being provided. In the interests of public health and safety and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

7.

Details of any necessary piling or other penetrative foundation design shall be submitted to and approved in writing by the Local Planning Authority including details of any mitigation measures to minimise the effects of noise and vibration on surrounding occupiers. The development shall be constructed in accordance with the approved details.

Reason: The application was submitted in outline only so no such details were provided. The development cannot proceed satisfactorily without such details being provided before development commences in the interests of public health and safety so as to protect occupants from excessive construction noise and vibration and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

8.

The hereby approved development shall be carried out in accordance with the submitted Construction Environmental Management Plan dated October 2022, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the impact on ecology is minimised during construction and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

9.

The hereby approved development shall be carried out in accordance with the submitted Biodiversity Enhancement and Management Plan dated October 2022, unless otherwise agreed in writing by the Local Planning Authority.

Reason; To ensure the impact on ecology is minimised during construction and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

10.

Any historic or archaeological features which are revealed when carrying out the development hereby permitted shall be retained in-situ and reported to the Local Planning Authority in writing within 5 working days. Works shall be halted in the area affected until provision has been made for the retention and/or recording and any associated reporting, publication and archiving commensurate to the archaeological work undertaken in accordance with details submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure appropriate investigation and recording/mitigation of any below ground archaeology in accordance with Paragraph 199 of the NPPF.

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.

This permission has been granted contemporaneously with an Agreement under Section 106 of the Town and Country Planning

Act 1990, and reference should be made thereto.

3.

The submitted plans are for indicative purposes only in relation to access and this decision does not approve the layout, form or design of any of the dwellings, landscaping or any other matters.

4.

The developer will need to purchase first time bins. Notice will be served in due course. Properties will be allocated the following:

1x 240l bin for residual waste

1x 240l bin for dry recycling

1x 37l bag for glass recycling.

5.

The applicant should note that notwithstanding any planning permission that if any highway forming part of the development is to be adopted by the Highways Authority, the new roads and any highway drainage will be required to comply with the Nottinghamshire County Council’s current highway design guidance and specification for roadworks.

a)             The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

b)             It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site.

6.

The deposit of mud or other items on the public highway, and/or the discharge of water onto the public highway are offences under Sections 149 and 151 of the Highways Act 1980.  The applicant, any contractors, and the owner / occupier of the land must therefore ensure that nothing is deposited on the highway, nor that any soil or refuse etc is washed onto the highway, from the site.  Failure to prevent this may force the Highway Authority to take both practical and legal action (which may include prosecution) against the applicant / contractors / the owner or occupier of the land. 

7.

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.

8.

Many buildings still contain asbestos. In order to comply with the Control of Asbestos Regulations 2012, an assessment is required to determine whether the building has asbestos containing materials (ACMs). This must be carried out before any structural work on a building occurs. For properties or parts of properties that need upgrading, refurbishing or demolition, a ‘Refurbishment/Demolition Survey is required. Copies of reports relating to asbestos identification and management should be sent to the Council’s Environmental Health Team at health@broxtowe.gov.uk

9.

You will need to contact the Council’s Environmental Health Team on 01159173714 to notify them of the arrival on site of any Mobile Crushing plant for them to carry out an inspection of the crushing equipment in line with the operational permit issued under the Pollution Prevention and Control Act 1999 Environmental Permitting (England and Wales) Regulations 2010 (as amended)

10.

Vegetation clearance should be avoided during the bird breeding season of March-August inclusive.

11.

Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications.  Failure to obtain permission will result in trespass, with the potential for court action.  It is recommended that you check with us prior to commencing any works.  Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at:

https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property

12.

Severn Trent Water advises that there is a public sewer located within the application site. Public sewers have statutory protection by virtue of the Water Industry Act 1991 as amended by the Water Act 2003 and you may not build close to, directly over or divert a public sewer without consent. You are advised to contact Severn Trent Water to discuss your proposals. Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development. If the applicant proposes to divert the sewer, the applicant will be required to make a formal application to the Company under Section 185 of the Water Industry Act 1991. They may obtain copies of our current guidance notes and application form from either our website (www.stwater.co.uk) or by contacting our Developer Services Team (Tel: 0800 707 6600).

13.

Searches have identified that there are gas apparatus within the vicinity of your site which may be affected by the proposals. Please contact Cadent Gas at plantprotection@cadentgas.com to discuss your proposals further. Further guidance can be found on both the Cadent Gas and National Grid websites and you are encouraged to investigate these matters prior to the commencement of development.

14.

As part of the detailed design of the scheme, consideration should be given to the potential for providing an indication of the former activity within the site and its links with the Bennerley Viaduct.