Agenda item

1.

The development hereby permitted shall be carried out in accordance with Site Location Plan – LP01 Rev C, Block Plan - BP01 Rev A1 and Rainwater Collection and Storage unit received by the Local Planning Authority 23 July 2024.

Reason: For the avoidance of doubt.

2.

Within 3 months from the date of this permission, full details of the attenuation basin and associated works shall be submitted to and approved in writing. The attenuation basin shall then be maintained in accordance with the approved details for the life of the development.

Reason: To provide sufficient surface water management in accordance with Policy 1 of the Part 2 Local Plan 2019.

3.

The use of the site shall be limited to the activities contained within Class F2c and for no other purpose (including any other purpose in Class F of the Schedule to the Town and Country (Use Class) Order 2020, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: To ensure the site is used in accordance with the terms of the application only and to protect the openness of the Green Belt in accordance with Policy 8 of the Broxtowe Part 2 Local Plan (2019).

4.

The site shall not be used except between the hours of 10am - 3pm Monday to Friday, 10am to 4pm Saturdays and at no time on Sundays, Bank Holidays and other public holidays without the prior agreement in writing of the Local Planning Authority.

Reason: To protect nearby residents from excessive operational development, in accordance with the aims of policy 17 of the Part 2 Local Plan.

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 proposed development lies within an area that has been defined by the Mining Remediation 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 Mining Remediation 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 a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at:

Building on or within the influencing distance of mine entries - GOV.UK

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation 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. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority's website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property

What is a permit and how to get one? - GOV.UK (www.gov.uk)

In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.

If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements

If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority - GOV.UK

3.

It is strongly advised against having open fires (campfires, BBQ etc) on the ground at the site. The submitted report has highlighted that the made ground on site contains ash, clinker and coal fragments. Whilst no combustibility testing was carried out we would recommend that, as a precaution, open fires are not used at ground level.