Agenda item

RESOLVED that planning permission be granted subject to the following reasons.

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 drawings proposed block plan 2766 (08) C02 Rev D received 12 May 2022, proposed elevations and floor plans for the apartments 2766 (08) C04 Rev B, proposed elevations and floor plans for the semi-detached dwellings 2766 (08) C03 Rev B, Ecology survey and pre development arboricultural report received 4 March 2022 and Solar panel details received 21 April 2022, Ecology survey and pre development arboricultural report received 4 March 2022 and Delta Simons, Geo-Environmental Assessment, ref. 21-0672.01, dated Sept 2021 received 25 May 2022. 

Reason: For the avoidance of doubt.

3.

(a)        No building to be erected pursuant to this permission shall be occupied or brought into use until:

i. All the necessary remedial measures for the building have been completed in accordance with the approved details, unless an alternative has first been approved in writing by the Local Planning Authority; and

ii. It has been certified to the satisfaction of the Local Planning Authority, through the submission of a verification report that the necessary remedial measures for the building have been implemented in full.

The development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development

Reason: commencing to ensure the details are satisfactory, in the interests of public health and safety and in accordance with the aims of Policy 19 of the Part 2 Local Plan (2019) and Policy 10 of Broxtowe Aligned Core Strategy (2014).

4.

No above ground works shall commence until samples of external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved details.

Reason: and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

5.

No above ground works shall take place until a landscaping scheme showing biodiversity net gain has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include the following details:

a. numbers, types, sizes and positions of proposed trees and

shrubs;

b. details of boundary treatments;

c. planting, seeding/turfing of other soft landscape areas and

d. timetable for implementation.

The approved scheme shall be carried out strictly in accordance with the approved details and shall be carried out not later than the first planting season following the substantial completion of the development 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: No such details were submitted with the application, to ensure the development presents a satisfactory standard of external appearance to the area, to ensure a sufficient standard of neighbour amenity and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 the Broxtowe Aligned Core Strategy (2014).

6.

The first floor window in the east elevation shall be obscurely glazed to Pilkington Level 4 or 5 (or such equivalent glazing which shall first have been agreed in writing by the Local Planning Authority) and retained in this form for the lifetime of the development.

Reason: In the interests of privacy and amenity for nearby residents and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) Policy 10 of the Broxtowe Aligned Core Strategy (2014).

7.

No construction or site preparation work in association with this permission shall be undertaken outside the hours of 08:00-18:00 Monday to Friday, 08:00-13:00 on Saturdays and at no time on Sundays or Bank Holidays.

Reason: In the interests of the amenities of nearby residents and in accordance with the aims of Policy 19 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

8.

No development within the full planning permission phase hereby approved shall take place until a Construction/Demolition Method Statement has been submitted to and approved in writing by the Borough Council.  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;

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

A report identifying any asbestos and documenting its safe removal

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 Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

9.

No part of the development hereby permitted shall be brought into use until the parking bays/ areas are surfaced in a bound material with the parking bays clearly delineated in accordance with drawing number 2766(08) B01 Rev B.  The parking bays/ areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking of vehicles.

Reason: To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) Policy 10 of the Broxtowe Aligned Core Strategy (2014).

10.

Occupation of the herby approved dwellings shall not take place until the site access has been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary, and which shall be drained to prevent the discharge of surface water from the access 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 in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) Policy 10 of the Broxtowe Aligned Core Strategy (2014).

11.

The parking bays shall not be brought into use until a dropped vehicular footway crossing is available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

Reason: In the interest of highway safety in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) Policy 10 of the Broxtowe Aligned Core Strategy (2014).

12.

The demolition of the garages and construction of the dwellings and apartments, shall be carried out in accordance with the mitigation measures as detailed in sections 5.17, 5.18 and 5.21 of the Ecological Assessment dated 29.06.21 unless otherwise approved in writing by the Local Planning Authority.

To ensure that any protected species which may be present on site are not adversely affected, in accordance with the NPPF (2019) section 15, Policy 31 of the Broxtowe Part 2 Local Plan (2019) and Policy 17 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 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.

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.

Developer to purchase the first time provision of bins. Notice served in due course.

2.Each property would be allocated the following:

1 x 240 litre bin for residual waste

1 x 240 litre bin for recycling waste

1 x 37 litre bag for glass

3.Bins need to be presented at the edge of adopted highway for emptying.

4.The size of a 240 litre bins is 1074mm (h) x 580mm (w) x 734mm (d)

6.

The development makes it necessary to construct and reinstate vehicular crossings over a verge of the public highway. These works shall be constructed to the satisfaction of the Highway Authority.  Works will be subject to a design check and site inspection for which a fee will apply. The application process can be found at:

http://www.nottinghamshire.gov.uk/transport/licences-permits/temporary-activities