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 the following plans received by the Local Planning Authority on 15 August 2024:

·       Site Location Plan,

·       Proposed Site Plan (Drawing Reference CW24.021),

·       Proposed Trestle elevations (Drawing Reference CW24.021),

·       Proposed Side Elevation (Drawing Reference CW24.021),),

·       Proposed Front Elevations Plan (Drawing Reference CW24.021),),

And in accordance with the following plans received by the Local Planning Authority on 20 August 2024:

·       Proposed Fencing Elevations (Drawing Number: CW24.021),

·       Proposed Boundary Plan (Drawing Number: CW24.021).

Reason: For the avoidance of doubt

3.

The Headstock towers and fencing shall be constructed using materials as specified in the application form and approved drawings received by the Local Planning Authority on 30 March 2023, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory standard of external appearance and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

4.

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:

a.    a Biodiversity Gain Plan has been submitted to the planning authority, and

b.    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 Small Sites Metric and Biodiversity Net Gain Supplementary Note received by the Local Planning Authority on 6 October 2024, both documents dated 4 October 2024 and prepared by Dave Haslem MSc. Ecologist.

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 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 in operation 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 site in accordance with the relevant paragraphs of Schedule 7A of the Town and Country Planning Act 1990, and Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 31 of the Aligned Core Strategy (2014), and Policy GI 3 of the Awsworth Neighbourhood Plan, and in accordance with the National Planning Policy Framework December 2023.

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.