Agenda item

Construct new dwelling

1, The Forge, Trowell, Nottinghamshire NG9 3PT

Construct new dwelling

1 The Forge Trowell, Nottinghamshire, NG9 3PT

Councillor D D Pringle requested that this proposal come before Committee.

There were no late items and no public speakers.

Having considered all of the evidence before it, the Committee debated the item with particular reference to the conditions contained within the report.

RESOLVED that planning permission be granted subject to the following conditions:

1.     The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

2.     The development hereby permitted shall be carried out in accordance with the proposed elevations and floor plans DB/DH/21/36/11 Rev B, roof, block plan, fencing plan DB/DH/21/36/10 Rev B, covering letter and site plan, Noise Assessment 11384.01.V1 and Geoenvironmental Assessment dated September 2024 received by the Local Planning Authority 8 April 2025.

3.     The hereby approved development shall be constructed using Russell Lothian interlocking roof tiles, Ibstock Beamish Blend bricks as specified in the covering letter received by the Local Planning Authority 8 April 2025, unless otherwise in accordance with details submitted to and agreed in writing by the Local Planning Authority

4.     No building to be constructed pursuant to this permission shall be occupied or brought into use until:

(i)               All necessary remedial measures, described in section 9.1 of the Geoenvironmetal assessment, have been completed in accordance with the details approved in writing by the local planning authority

(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 aver ended the site free from risk to human health from the contaminants identified.

5.     No development shall take place (including ground works and vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (to include consideration of lighting) (may be provided as a set of method statements). d) The location and timing of sensitive works to avoid harm to biodiversity features.

e) The times during construction when specialist ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

6.     Prior to any construction above foundations level, a scheme of biodiversity enhancement shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include, as a minimum, the incorporation of integrated (inbuilt) features within the new building for roosting bats, bees and nesting swifts. The enhancement scheme shall be implemented in accordance with the agreed details as construction proceeds and completed prior to the first occupation of the development.”

7.     The hereby approved dwelling shall not be occupied or brought into use until all the recommendation have been implemented in accordance with the Noise Assessment ref 1138.01.v1.

8.     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.

9.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no enlargement improvement or alterations to the dwelling, roof additions or other alterations (falling within Class A, AA, B, C, D, E and Class F) shall be undertaken.

Reasons:

1.     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.     For the avoidance of doubt.

3.     To ensure the development presents a satisfactory standard of external appearance, 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.     In the interests of public health and safety and in accordance with Policy 19 of the Broxtowe Local Plan (2019).

5.     In the interests of protecting existing environmental features and habitats during the construction period, in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and Policy 17 of the Broxtowe Aligned Core Strategy (2014).

6.     To minimise the impact of the development on protected species within the site and in accordance with Policy 31 of the Part 2 Local Plan (2019) and Policy 17 of the Broxtowe Aligned Core Strategy (2014).

7.     In the interests of public health and safety and in accordance with Policy 19 of the Broxtowe Part 2 Local Plan (2019).

8.     No such details were submitted and in accordance with the aims of Policy 17 of the Broxtowe Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

9.     In the interests of privacy and amenity for nearby residents 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).

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 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, 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. [Where the development site may be accessed by a significant number of vehicles or may be particularly susceptible to material 'tracking' off site onto the highway, details of wheel-washing facilities must be provided to and approved by the Highway Authority.

3.     As this permission relates to the creation of a new unit, please contact the Council's Street Naming and Numbering team: 3015snn@broxtowe.gov.uk to ensure an address is 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.

4.     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.

5.     The developer is to purchase the first time provision of bins. The Developer should contact BBC Environmental Health for details of bin provision. As per the guidance in BS5906 the bins must be within 10m of the collection point, the collection point being the adopted highway. Bins need to be presented at the edge of adopted highway for emptying.

6.     The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848.