Agenda item

RESOLVED that the allocation RESOLVED that the application be granted subject to the following conditions:

            RESOLVED that the allocation of the £230,000 section 106 monies be deferred to a future meeting of the Committee for further consideration.

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 the Site Location Plan and drawings numbered JBA 21-164 SK02, 30047BS PL003 and 30047BS PL012 received by the Local Planning Authority on 01.07.21, and drawings numbered 30047BS PL002, PL004 rev A, PL005 rev A, PL006 rev A, PL007 rev A, PL008 rev A, PL009 rev A, PL010 rev A, PL011 rev A, PL016 and PL017, received by the Local Planning Authority on 27.07.21.

Reason: For the avoidance of doubt.

3.

No development hereby approved shall take place until a Construction / Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include:

The means of access for construction traffic;

Parking provision for site operatives and visitors;

The loading and unloading of plant and materials;

The storage of plant and materials used in construction / demolition of the development;

A scheme for the recycling / disposal of waste resulting from construction / demolition works; and

Details of dust and noise suppression to be used during the construction phase.

The approved statement shall be adhered to throughout the construction period.

Reason: In the interests of the amenities of nearby residents and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

4.

No development hereby approved shall take place until details of any necessary piling or other penetrative foundation design have been submitted to and approved in writing by the Local Planning Authority, and shall include 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.

Reason: In the interests of the amenities of nearby residents and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

5.

No development hereby approved shall take place until a detailed remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options and proposals of the preferred options, and a timetable of works and site management procedures. The agreed remediation scheme shall be implemented in accordance with the approved timetable of works.

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

6.

No (part of the building hereby approved shall be first occupied or otherwise brought into use) above ground works shall take place until a landscaping scheme has been submitted to and approved by the Local Planning Authority.  This scheme shall include the following details:

(a) trees, hedges and shrubs to be retained and measures for their protection during the course of development
(b) numbers, types, sizes and positions of proposed trees and shrubs
(c) proposed boundary treatments
(d) proposed hard surfacing treatment
(e) proposed lighting details
(f) planting, seeding/turfing of other soft landscape areas

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

Reason: Limited details were submitted and to ensure that the details are satisfactory in the interests of the appearance of the area 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).

7.

No part of the building hereby approved shall be first occupied or otherwise brought into use until:

All necessary remedial measures have been completed in accordance with details approved in writing by the Local Planning Authority; and

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.

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination, development must be halted on that part of the site.

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

8.

No part of the building hereby approved shall be first occupied or otherwise brought into use until the mobility scooter store has been provided in accordance with the approved details.

Reason: To ensure a satisfactory standard of external appearance 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).

9.

No part of the development hereby permitted shall be brought into use until parking and turning areas as shown for indicative purposes on drawing 30047BS - PL 002 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 in accordance with Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

10.

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(s), 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.

Reason: To ensure the development presents a more pleasant appearance in the locality and in accordance with Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

11.

No construction or site preparation work in association with the development hereby approved shall be undertaken outside the hours of 08.00 – 18.00 Monday to Friday, 08.00 – 13.00 Saturdays and at no time on Sundays or Bank / Public holidays.

Reason: In the interests of public health and safety and in accordance with Policy 19 of the Broxtowe 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.

As this permission relates to the creation of new units, please contact the Council's Street Naming and Numbering team: 3015snn@broxtowe.gov.uk to ensure addresses 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.

3.

The development makes it necessary to undertake vehicular access works within Wilmot Lane which is unadopted highway.  As suggested the access to the development should be a dropped and tapered kerb arrangement measuring 5 metres wide and the existing pedestrian crossing is to be removed in this location.

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.