Agenda item

Minor material amendment to planning reference 19/00047/MMA to alter the highway access

Land North of Common Lane and West of Common Farm, Common Lane, Watnall

 

Minor material amendment to planning reference 19/00047/MMA to alter the highway access

Land north of Common Lane and west of Common Farm, Common Lane, Watnall

 

This item was moved from 5.10 in the agenda to accommodate public speakers in attendance for other applications.

 

The application, called in by Councillor J M Owen, was a minor material amendment that sought to amend the position of the approved junction on Main Road serving the development.

 

There were no late items or public speakers.

 

Members debated the application and the following comments were amongst those noted:

 

·       The application was controversial when it was first submitted as the pedestrian refuge had been lost at a very tight junction. The pedestrian refuge should be returned.

·       Representation would have to be made to the County Council to replace the refuge, these could be made by members of the Planning Committee who were also representatives of the County Council.

·       The recommendation should include reference to the inclusion of a pedestrian refuge in the middle of the road toward the north of the site.

 

RESOLVED that planning permission be granted subject to the inclusion of a pedestrian refuge and the following conditions:

 

1.          The development hereby permitted shall be commenced before the expiration of three years from the date of permission reference 18/00176/FUL, namely before 24^th July 2021.

 

2.          Application for approval of reserved matters in respect of phase 2 must be made no later than the expiration of five years beginning with the date on which this permission is granted, and the development of phase 2 must not begin later than five years from the final approval of the reserved matters for phase 2 or, in the case of approval on different dates, five years from the final approval of the last such matters to be approved.

 

3.          Phase 2 of the development hereby permitted shall not be commenced until approval of the details for appearance, layout, landscaping and scale for phase 2 (the reserved matters) has been obtained from the Local Planning Authority.

 

4.          The development hereby permitted shall be carried out in accordance with drawing numbers:

 

·       Location Plan

·       170926-031-09 Site Layout

·       170926-034-02 Layout

·       170926-035-01 Roof

·       170926-036.03 Elevations 1 of 2

·       170926-037-02 Elevations 2 of 2

·       8232-L-01e Landscaping

·       8232-L-02e Landscaping

·       8232-L-03e Landscaping

·       SK01 Rev P3 Access Junction Layout.

 

5.       The development shall be carried out in accordance with the materials detailed at page 8 of the design and access statement January 2018.

 

6.       The approved landscaping scheme shall be carried out no later than the first planting season following the substantial completion of phase 1 or occupation of the building, whichever is the sooner and any trees or plants which within a 5 year period, 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.

 

7.       Prior to the first occupation of the unit, the boundary treatment shall be carried out in compliance with the approved details and shall be retained in this form for the life of the development.

 

8.       Development shall be carried out in accordance with the full drainage strategy approved 9th July 2019 prior to the first use of the building hereby approved and shall thereafter be so maintained.

 

9.       The hedge protection measures approved 9th July 2019 shall be maintained throughout the construction phase.

 

10.   Before the development is occupied, details of all external lighting shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the first use of the building hereby approved.

 

11.   Deliveries by commercial vehicles shall only be made to or from the site between 0700- and 2100-hours Monday to Saturday and 0900 and 1800 hours on Sundays, bank holidays and other public holidays, unless the prior agreement in writing from the local planning authority has been obtained.

 

12.   The total rating level resulting from the use of any plant, machinery or equipment hereby installed pursuant to this permission, shall not exceed the existing day time or night time background sound levels when measured according to British Standard BS4142:2014 at a point one metre external to the nearest noise sensitive premises.

 

13.   Development shall be carried out in accordance with the waste audit for the construction phase approved 9th July 2017.

 

14.   The building hereby approved shall be first occupied by Aero Fabrications.

 

15.   No part of the development shall be brought in use until the new right turn facility and zebra crossing have been provided on main road, as shown on drawing referenced SK01 REV P3, to the satisfaction of the Local Planning Authority.

 

16.   No part of the development hereby permitted shall be brought into use until the parking/turning/servicing areas are provided in accordance with the approved plan.  The parking/turning/servicing areas shall not be used for any purpose other than parking/turning/loading and unloading of vehicles.

 

17.   No part of the development hereby permitted shall be brought into use until the parking/turning/servicing areas are constructed with provision to prevent the unregulated discharge of surface water from the parking/turning/servicing areas to the public highway in accordance with details first submitted to and approved in writing by the local planning authority. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

18.   The development shall be carried out in accordance with The Approved Travel Plan (document no. 170926-044.01).

 

19.   The travel plan coordinator shall within 6 months of occupation, produce or procure a detailed travel plan that sets out final targets with respect to the number of vehicles using the site and the adoption of measures to reduce single occupancy car travel consistent with the interim travel plan to be approved by the Local Planning Authority. The travel plan shall be implemented in accordance with the approved timetable and be updated consistent with future travel initiatives, including implementation dates, to the satisfaction of the Local Planning Authority.

 

20.   The travel plan coordinator shall submit reports in accordance with the Standard Assessment Methodology (SAM) or similar to be approved and to the local planning authority in accordance with the travel plan monitoring periods. The monitoring reports submitted to the local planning authority shall summarise the data collected over the monitoring period and propose revised initiatives and measures where travel plan targets are not being met, including implementation dates, to be approved in writing by the Local Planning Authority.

 

21.   The routeing of construction traffic, including proposed construction site access arrangements, shall be carried out in accordance with the details approved 9th July 2019 and no other access points for construction traffic shall be used unless otherwise agreed in writing by The Local Planning Authority.

 

22.   Development shall take place in accordance with the wheel-washing facilities as approved 9th July 2019. These facilities shall be provided prior to development commencing and shall be maintained on site during the period of construction.  All commercial vehicles shall have their wheels washed before entering the public highway.

 

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.       To enable the Local Planning Authority to control the development in detail and in order that the development is commenced in a timely manner, as set out in Section 92 of the Town and Country Planning Act 1990 (as amended).

 

3.       To enable the Local Planning Authority to control the development in detail and in order that the development is commenced in a timely manner, as set out in Section 92 of the Town and Country Planning Act 1990 (as amended).

 

4.       For the avoidance of doubt.

 

5.       To ensure a satisfactory external appearance in accordance with Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Draft Local Plan Part 2.

 

6.       To ensure a satisfactory external appearance and to integrate the development into the surroundings in accordance with Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Draft Local Plan Part 2.

 

7.       No such details were submitted with the application and to ensure a satisfactory form of boundary treatment in accordance with Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Draft Local Plan Part 2.

 

8.       To ensure adequate justification is provided not to use infiltration as the primary form of drainage in accordance with the aims and objectives of Policy 1 of the Aligned Core Strategy (2014).

 

9.       To ensure adequate protection for retained hedges.

 

10.   In order to ensure a satisfactory external appearance and to protect residential amenity in accordance with Policy 10 of the Aligned Core Strategy (2014).

 

11.   To protect the residential amenities of nearby residents from excessive delivery noise.

 

12.   To protect existing residents from excessive plant noise.

 

13.   In order to reduce waste during the operational phase in accordance with Policy 1 of the Aligned Core Strategy (2014).

 

14.   Permission is granted only due to the very special circumstances of the applicant in accordance with Policy E8 of the Local Plan (2004) and Policy 3 of the Aligned Core Strategy (2014).

 

15.   In the interest of highway safety, to ensure adequate pedestrian and vehicular access is provided to serve the development in accordance with Policy 14 of the Aligned Core Strategy (2014).

 

16.   In the interest of highway safety, to ensure adequate parking and turning provision is provided to the proposed development.

 

17.   To ensure surface water from the site is not deposited on the public highway causing dangers to road users.

 

18.   To promote sustainable travel in accordance with Policy 14 of the Aligned Core Strategy (2014).

 

19.   To promote sustainable travel in accordance with Policy 14 of the Aligned Core Strategy (2014).

 

20.   To promote sustainable travel in accordance with Policy 14 of the Aligned Core Strategy (2014).

 

21.   In the interest of highway safety and to protect the amenity of residential areas.

 

22.   To reduce the possibility of deleterious material (loose stones etc.) being deposited on the public highway.

 

Notes to Applicant

 

1.     The Council has acted positively and proactively in the determination of this application in line with the guidance contained within paragraphs 186 and 187 of the National Planning Policy Framework, by securing revised plans where required.

 

2.     Greasley footpath 18 abuts the site. This footpath shall not be encroached upon and shall remain open, unobstructed and be kept on its legal alignment at all times.  Vehicles shall not be parked on the public right of way or materials unloaded or stored on the public right of way so as to obstruct the path. The safety of the public using the path shall be observed at all times. Structures cannot be constructed on the line of the right of way without the prior authorisation of the Nottinghamshire County Council Rights of Way Team. It should be noted that structures can only be authorised under certain criteria and such permission is not guaranteed.

 

3.     No clearance of vegetation shall be conducted during the bird breeding season (march to august inclusive), except under the guidance of a suitably qualified and experienced ecologist.

 

4.     The lighting scheme shall take account of artificial lighting and wildlife interim guidance: recommendations to help minimise the impact of artificial lighting in order to ensure the lighting scheme is bat sensitive.

 

5.     Where possible consideration should be given to the provision of a range of birds and bat boxes across the site. These may be positioned on suitable retained trees or on new buildings.

 

6.     In order to carry out the off-site works required, you will be undertaking work in 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 enter into an agreement under section 278 of the Act. Please contact the County Highway Authority for details.