Agenda item

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.

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 Site Location Plan 1: 1250 1846 (P03), Roof Plan 1846 (P08), Coal Yard Customer Collection Canopy Elevation, 1846 (P09), Elevations Units 7 – 10 1846 (P06), Elevations Units 1 -6 & 15 – 20 1846 (P05), Elevations Units 11 – 14 1846 (P04) Elevations Units 21 & 22 1846 (P07) received by the Local Planning Authority 02 July 2020, Proposed Site Plan 1846 (P01A) and Proposed Site Access 1846 (P02A) received by the Local Planning Authority 11 December 2020.

Reason: For the avoidance of doubt.

3.

a) No part of the development hereby approved shall be commenced until an investigative survey of the site has been carried out and a report submitted to and approved in writing by the Local Planning Authority. The survey must have regard for any potential ground and water contamination, the potential for gas emissions and any associated risk to the public, buildings and/or the environment. The report shall include details of any necessary remedial measures to be taken to address any contamination or other identified problems.

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.

Reason:In the interest of public health and safety

4.

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

Reason: To protect existing residents from excessive plant noise.

5.

No development shall commence until details of any necessary piling or other penetrative foundation design 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 on accordance with the approved details.

Reason: To protect nearby occupants from excessive construction noise and vibration.

6.

No part of the development hereby permitted shall be brought into use until the site access arrangement as shown for indicative purposes only on drawing number MRW-BWB-GEN-XX-DR-TR-110 Revision P5 has been provided.

Reason: In the interest of highway safety.

7.

No part of the development hereby permitted shall take place until the measures to control two-way vehicular flows along the site access road as shown for indicative purposes on drawing numbers 1846 P01A and 1846 P02A have been provided. The method of controlling two-way vehicular flows along the site access road shall then be maintained in accordance with the approved details for the lifetime of the development.

Reason: In the interest of highway safety.

8.

The new driveway to the retained dwelling shall be surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary, and which shall be constructed with provision to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

Reason: In the interest of highway safety.

9.

No part of the development hereby permitted shall be brought into use until the parking and turning areas shown on drawing number 1846 P01 Revision A have been provided. The parking and turning areas shall be maintained in accordance with the approved details and shall not be used for any purpose other than the parking and turning of vehicles.

Reason: In the interest of highway safety.

10

No part of the development hereby permitted shall be occupied 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 which are acceptable to the local planning authority 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 that plan unless otherwise agreed in writing by the Local Planning Authority.

Reason: To promote sustainable travel.

11.

No development, including site clearance, shall commence until a

Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The plan should 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 (may be provided as part of 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 ecologist 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 in accordance with the approved details.

Reason: To ensure the impact on ecology is minimised during construction and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and the NPPF.

12.

No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority. This strategy will include the following components:

1. A preliminary risk assessment which has identified:

. all previous uses

. potential contaminants associated with those uses

. a conceptual model of the site indicating sources, pathways and receptors

. potentially unacceptable risks arising from contamination at the site

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.
    
3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
    
4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution in line with paragraph 170 of the National Planning Policy Framework.

13.

No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the local planning authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants. This is in line with paragraph 170 of the National Planning Policy Framework.

14.

The development hereby permitted shall not be commenced until such time as a scheme to install oil and petrol separators has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved. 

Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution in line with paragraph 170 of the National Planning Policy Framework.

15.

No development or site clearance shall commence until a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include:

(a)  Numbers, types, size and positions of trees and shrubs and existing trees to be retained;

(b)  Measures for the protection of retained trees;

(c)  A detailed plan which demonstrates biodiversity net gains across the site (based on the recommended Biodiversity Metric provided in the submitted Preliminary Ecological Appraisal) (ECUS March 2020);

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

(e)  Details of site boundary treatments;

(f)   A timetable for implementation of the scheme.

The landscaping scheme shall be carried out in accordance with the approved timetable and the tree protection measures shall be in place before any site clearance/development commences. If any trees or plants which, within a period of 5 years, die, are removed or have become seriously damaged or diseased they shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority.

Reason: In the interests of visual amenity and of enhancing biodiversity, in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policies 17 and 31 of the Part 2 Local Plan (2019).

16

The premises shall be used for Class E Business, B2 and B8 and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) 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: For the avoidance of doubt.

17.

The open areas of the site shall not be used for any form of storage of goods, merchandise or materials of any description without the prior written approval of the Local Planning Authority.

Reason: In the interests of visual amenity, in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policies 17 of the Part 2 Local Plan (2019).

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.

Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications.  Failure to obtain permission will result in trespass, with the potential for court action.  It is recommended that you check with us prior to commencing any works.  Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at:

https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property

3.

In order to carry out the off-site works required you will be undertaking work inthe 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

hdc.south@nottscc.gov.uk for details.

4.

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.]

5.

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