Agenda item

Hybrid planning application comprising: full application

to construct cinema (Class D2) and commercial units

(Class A1 - A5) with ancillary uses (plant, bin stores etc.)

and public realm.  Outline application for mixed use

development to include residential dwellings (Class C3)

with car parking, commercial units (Class A1 - A5) and

assembly and leisure units (Class D2) with associated

ancillary areas (plant and bin stores etc.) (with all

matters reserved)

Land South East of B & M, Styring Street and

Station Road, Beeston

 

Hybrid planning application comprising: full application to construct cinema (Class D2) and commercial units (Class A1 - A5) with ancillary uses (plant, bin stores etc.) and public realm.  Outline application for mixed use development to include residential dwellings (Class C3) with car parking, commercial units (Class A1 - A5) and assembly and leisure units (Class D2) with associated ancillary areas (plant and bin stores etc.) (with all matters reserved)

Land South East of B & M, Styring Street and Station Road, Beeston

 

The application had been brought before the Committee for determination as the Council is the landowner. 

 

The Committee considered the late items for this application which comprised of the conclusions of a desk based archaeological assessment and comments from Nottinghamshire County Council as the Highway Authority and the Council’s conservation advisor, along with an addition to paragraph 6.6.4 of the report. 

 

Mr Brigden, objecting, addressed the Committee prior to the general debate.

 

The Committee discussed the application with reference to the opportunity for Beeston to improve the leisure offering of the town centre to encourage the night time economy.  It was noted that there was cross party support for the project. 

 

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

 

Conditions in respect of outline element

 

1.   Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

2.   The development hereby permitted shall be commenced before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

3.   No development shall commence until a phasing plan for the whole outline site has been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented in accordance with the approved phasing plan.

 

4.   No phase of development shall be commenced until detailed drawings and particulars showing the following for that respective phase have been submitted to and approved in writing by the Local Planning Authority:

     

(a)      the layout, scale, and external appearance of all buildings;

(b)      the means of access and parking and servicing provision within the site;

(c)      the particulars of the materials to be used in the facing of the external surfaces of all buildings;     

(d)      cross sections through the site showing the finished floor levels of the new buildings in relation to adjacent land and buildings.  These details shall be related to a known datum point;

(e)      landscaping.

 

      The development shall be carried out strictly in accordance with the approved details.

 

5.   No development shall be commenced in respect of any phase until a landscaping scheme for that respective phase of development has been submitted to and approved in writing by the Local Planning Authority.  Each scheme shall include the following details:

 

          (a)    numbers, types, sizes and positions of proposed trees and shrubs;

          (b)    proposed hard surfacing treatment;

          (c)    planting, seeding/turfing of other soft landscape areas;

          (d)    a timetable for implementation of the scheme. 

 

The approved schemes shall be carried out strictly in accordance with the approved details.

 

6.   No phase of development shall commence until plans showing provision for bin storage for that respective phase have been submitted to and agreed in writing by the Local Planning Authority.  No building shall be occupied until its respective bin storage has been provided. 

 

7.   The development shall be designed in accordance with the Beeston Town Centre Regeneration Design Code (Phase 2), August 2018.

 

8.   No development shall commence until detailed measures for protecting the proposed residential occupants from environmental noise have been submitted to and approved in writing by the Local Planning Authority.  Any approved measures shall be completed before any respective dwelling which requires noise mitigation is first occupied, unless an alternative period is agreed in writing by the Authority.

 

9.   a) No development shall commence until a remediation method statement has been submitted to and approved in writing by the Local Planning Authority.  The report shall include details of any necessary remedial measures to be taken to address any contamination or other identified problems as detailed in GeoMatters Geo-Environmental Assessment report (ref GML17254/2/2 Aug 2018).

 

          b) 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.

 

Conditions in respect of full element

 

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

 

11. No development above slab level shall commence until samples/details of the proposed external facing materials, including the lighting strips and detailed drawings of the lighting strips, have been submitted to and agreed in writing by the Local Planning Authority and the development shall be constructed only in accordance with those details.

     

12. No development above slab level shall commence until a landscaping scheme has been submitted to and approved by the Local Planning Authority.  This scheme shall include the following details:

 

      (a) numbers, types, sizes and positions of proposed trees and shrubs,

      (b) proposed hard surfacing treatment,

      (c)  proposed lighting details

      (d) planting, seeding/turfing of other soft landscape areas,

      (e) proposed retaining walls or similar structures     

      (f)   a timetable for implementation.

     

      The approved scheme shall be carried out strictly in accordance with the approved details.

 

13. No commercial unit shall be first occupied until cycle parking facilities have been provided in accordance with details which shall first have been submitted to and agreed in writing by the Local Planning Authority.  These facilities shall thereafter be retained in the agreed form for the lifetime of the development.

 

14. No commercial unit shall be first occupied until the lay-by beside Station Road has been provided in accordance with details which shall first have been submitted to and agreed in writing by the Local Planning Authority.  The lay-by shall be retained for the lifetime of the development in accordance with the agreed details.

 

15. No ventilation and/or filtration equipment shall be installed unless details have first been submitted to and approved in writing by the Local Planning Authority. Any equipment shall be in full working order prior to the commencement of the respective use.  The equipment shall be effectively operated and maintained in accordance with manufacturer’s instructions for as long as the proposed use continues. 

 

16. Outdoor seating areas directly associated with commercial uses shall not be used by customers except between the hours of 08:00-23:30 and outside these hours, chairs, tables and other furniture for the purpose of or associated with facilitating outdoor seating, shall be removed from the seating areas.

 

Conditions in respect of whole scheme

 

17. The development hereby permitted shall be carried out in accordance with drawings numbered: BTCR-LDA-XX-ZZ-M3-A-08 004 'Proposed Site Plan',  BTCR-LDA-XX-ZZ-M3-A-08 200 'Proposed Sections', BTCR-LDA-XX-ZZ-M3-A-08 002 'Red Line - Outline Site', BTCR-LDA-XX-ZZ-M3-A-08 106 'Proposed Roof Level', BTCR-LDA-XX-01-M3-A-08 102 'Proposed Plan - Level 01', BTCR-LDA-XX-02-M3-A-08 103 'Proposed Plan - Level 02' and BTCR-LDA-XX-03-M3-A-08 104 'Proposed Plan - Level 03' received by the Local Planning Authority on 21 May 2018; BTCR-LDA-XX-ZZ-M3-A-08 000 'Red Line Overall Development' received by the Local Planning Authority on 22 May 2018 and BTCR-LDA-XX-00-M3-A1-08 005 'Proposed Block Plan' received by the Local Planning Authority on 30 May 2018; 2116_PL_01 'Overall landscape masterplan' received by the Local Planning Authority on 20 August 2018 and BTCR-LDA-XX-00-M3-A1-08 100 Rev C 'Proposed plan level 00', BTCR-LDA-XX-ZZ-M3-A1-08 300 Rev B 'Proposed Elevations - North and South Elevations' and BTCR-LDA-XX-ZZ-M3-A1-08 301 Rev B 'Proposed Elevations - East & West Elevations' received by the Local Planning Authority on 30 August 2018.

 

18. No phase of development shall commence until details of any piling or other penetrative foundation design for that respective phase have been 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 implemented in accordance with the approved details.

 

19. No external construction or site preparation work in association with this permission shall be undertaken outside the hours of 07:30-18.00 Monday to Friday, 08:00-13:00 on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority. 

 

20. No amplification equipment shall be used externally and no live music shall be played externally at the site between 23.00 and 08.00 hours on any day.

 

21. No fixed plant, machinery or equipment shall be installed within the site until a noise report, including details of the acoustic specification of such fixed plant, machinery or equipment has been submitted to and agreed in writing by the Local Planning Authority.  The plant/machinery/equipment shall be installed in accordance with the agreed details and thereafter maintained in the agreed form for the lifetime of the development.

 

22. The rating level resulting from the cumulative use of any plant, machinery or equipment shall not exceed the existing background level when measured according to British Standard BS4142:2014, at a point one metre external to the nearest noise sensitive receptor.

 

23.   The approved landscaping for each phase of development shall be carried out not later than the first planting season following the substantial completion of each respective phase or first occupation of the building(s) within the respective phase, whichever is the sooner, and any trees or plants which, within a period of 10 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.

 

24. No development shall take place until details of a methodology for an archaeological watching brief (in accordance with section 7 of the Archaeological Desk Based Assessment, August 2018) have been submitted to and approved in writing by the Local Planning Authority.  The approved watching brief shall be implemented in full accordance with the agreed details.

 

25. No part of the development hereby permitted shall be brought into use until a  Travel Plan has been submitted to and approved in writing by the Local Planning Authority.  The Travel Plan shall set out proposals (including targets, a timetable and enforcement mechanism) to promote travel by sustainable modes and shall include arrangements for monitoring of progress of the proposals.  The Travel Plan shall be implemented in accordance with the timetable set out in the plan.  

 

 

Reasons

 

1. & 2. To comply with S92 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

 

3.   To secure an orderly form of development.

 

4.   The application was submitted in outline only so no such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences to ensure that the details are satisfactory and in accordance with the aims of the NPPF and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

5.   Insufficient details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory, in the interests of the appearance of the area and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014). 

 

6.   Insufficient details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure sufficient provision is made for bin storage on the site in the interests of highway safety and residential amenity and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

7.   To ensure a high quality form of development and in accordance with the aims of the NPPF and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

8.   Insufficient details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to protect future occupiers from excessive environmental noise and in accordance with the aims of Policy E34 of the Broxtowe Local Plan 2004.

 

9.   Insufficient details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing in the interests of public health and safety.

 

10. To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

 

11. Insufficient details were submitted with the application and to ensure the details are satisfactory and to ensure the development presents a satisfactory standard of external appearance, in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

12. Insufficient details were submitted with the application, to ensure the details are satisfactory and to ensure the development presents a satisfactory standard of external appearance, in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

13. In the interests of supporting sustainable modes of transport and in accordance with the aims of Policy T11 of the Broxtowe Local Plan (2004) and in accordance with the aims of Policy 14 of the Broxtowe Aligned Core Strategy (2014).

 

14. In the interests of highway safety to ensure sufficient provision is made for servicing and in accordance with the aims of Policy T11 of the Broxtowe Local Plan (2004) and in accordance with the aims of Policy 14 of the Broxtowe Aligned Core Strategy (2014).

 

15. To suppress and disperse odour created from food preparation operations in order to protect nearby residents from excessive odour and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

16. To protect nearby residents from excessive operational noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

17. For the avoidance of doubt.

 

18. To protect nearby occupants from excessive construction noise and vibration and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

19. To protect nearby occupants from excessive construction noise and vibration and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

20. To protect nearby occupants from excessive operational noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

21. To protect nearby occupants from excessive operational noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

22. To protect nearby occupants from excessive operational noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

23. To ensure the development presents a more pleasant appearance in the locality and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

24. Insufficient details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure any below-ground archaeological remains are monitored and recorded, and in accordance with the aims of the National Planning Policy Framework (2018). 

 

25. In the interests of highway safety and the environment to encourage use of more sustainable modes of transport than the car and in accordance with the aims of Policy 14 of the Broxtowe Aligned Core Strategy (2014).

 

 

Notes to Applicant

 

1.   The Council has acted positively and proactively in the determination of this application by communicating with the agent throughout the course of the application.

 

2.   In order to carry out off-site works, 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.  The applicant is advised to contact the County Council Highways team for details on Tel: 0115 9772210.

 

3.   The applicant is advised to contact Western Power before works commence on site in relation to substations on site.

 

4.   It is not permitted for any vehicles to obstruct the tramway at any time and consideration should be given to erecting a warning sign at the construction site exit point to warn of overhead lines. Please contact the Nottingham Express Transit (NET) Project Office for further information (0115 876 4095).

 

5.   The applicant is advised to contact the Council's Waste and Recycling Section (0115 917 7777) to discuss waste and refuse collection requirements.

 

6.   Ventilation and filtration equipment may require planning permission.

 

7.       Media screens will require advertisement consent.