Agenda item

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:

Received by the Local Planning Authority on 19 July 2022:

Proposed Ground Floor Plan ref: CBP Z3 GF DR A 3001 S4 P03

Y Block Proposed First Floor Plan ref: CBP Z3 01 DR A 3101 S4 P03

Y Block Proposed Second Floor Plan ref: CBP Z3 02 DR A 3201 S4 P04

Y Block Proposed Third Floor Plan ref: CBP Z3 03 DR A 3300 S4 P04

Y Block Roof Plan ref: CBP Z3 RL DR A 3401 S4 P02

Y Block Proposed Elevations 2 ref: CBP Z3 XX DR A 4006 S4 P03

Site Plan ref:CBP Z3 SI DR A 1100 FP P11

Site Sections ref: CBP Z3 SI DR A 6101 FP P03

House Elevations ref: CBP Z3 XX DR A 3020 S4 P05

Apartments Ground Floor Plan ref: CBP Z3 GF DR A 3010 S4 P04

Apartments First Floor Plan ref: CBP Z3 01 DR A 3110 S4 P04

Received by the Local Planning Authority on 11 August 2022:

Y Block Proposed Elevations 1 ref:CBP Z3 XX DR A 4005 S4 P05

Received by the Local Planning Authority on 12 September 2022:

Bungalow Plans ref: CBP Z3 XX DR A 3021 S4 P02

Received by the Local Planning Authority on 14 September 2022:

Apartments Second Floor Plan ref: CBP Z3 02 DR A 3210 S4 P05

Apartments Roof Plan ref: CBP Z3 RP DR A 3310 S4 P05

Apartments Proposed Elevations ref: CBP Z3 XX DR A 4010 S4 P06

Reason: For the avoidance of doubt.

3.

No development shall commence until a Demolition and Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The approved Demolition and Construction Method Statement shall be adhered to throughout the construction period.  The Demolition and Construction Method Statement shall provide for:

a)       The means of access for construction traffic;

b)       access and egress arrangements with specific regard to preventing any damage or disruption to the operating procedures of the adjacent Nottingham Express Transit route.

c)       parking provision for site operatives and visitors;

d)       the loading and unloading of plant and materials;

e)       the storage of plant and materials used in construction/

          demolition the development;

f)        a scheme for the recycling/disposal of waste resulting from

          construction/ demolition works; and

g)       details of dust and noise suppression to be used during the

          construction phase.

h)       a report identifying any asbestos and documenting its safe removal.

Reason: 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, in the interests of highway safety, to minimise disturbance to neighbour amenity and in accordance with the aims of aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

4.

No development shall commence until a Landscape and Ecological Management Plan (LEMP) mapping the ecological enhancements on site has been submitted to and approved in writing by the Local Planning Authority.  Enhancements must include the provision of bird and bat boxes. The enhancements shall be constructed only in accordance with the approved details and prior to the first occupation of the first dwelling.

Reason: To ensure the impact on ecology is minimised during construction and in accordance with the aims of Policy 31 of the

Part 2 Local Plan (2019).

5.

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: No such details were submitted with the application and in the interests of the appearance of the development and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

6.

No above ground works shall take place until a landscaping scheme 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 existing/proposed trees, shrubs and hedgerows and measure for their protection during construction. No development shall commence until the agreed protection measures are in place

b)       details of boundary treatments;

c)       proposed bin and cycle stores;

d)       proposed hard surfacing treatment;

e)       planting, seeding/turfing of other soft landscape areas; and

f)        timetable for implementation of the scheme.

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 and to ensure the development presents a satisfactory standard of external appearance to the area 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).

7.

Prior to the first occupation of the development hereby approved, a detailed lighting strategy shall be submitted and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved details and maintained for the lifetime of the development.

Reason: To minimise light pollution to Chilwell Cottage Grove

Conservation Area and in accordance with the aims of Policies 10

and 11 of the Broxtowe Aligned Core Strategy (2014) and Policies

17 and 31 of the Broxtowe Part 2 Local Plan (2019).

8.

Prior to the first occupation of the first dwelling hereby approved, the development shall be constructed in accordance with the submitted Flood Risk Assessment by HSP Consulting Engineers Ltd ref: HSP2021-C3450-C&S-FRAS1-318 dated September 2021 received by the Local Planning authority on 19 July 2022.

Reason: To reduce the risk of flooding and in accordance with the

aims of Policy 1 of the Part 2 Local Plan (2019) and Policy 1 of the

Broxtowe Aligned Core Strategy (2014).

9.

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 immediately 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.
 
An assessment must be undertaken in accordance with good practice and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure contamination is managed appropriately and safely on site and in accordance with Policy 19 of the Part 2 Local Plan (2019).

10.

The recommendations as stated on page 9 of the Bat Building Review document by RammSanderson ref: RSE_:4979L1_V1 dated 19 April 2021 received by the Local Planning Authority on 19 July 2022 shall be implemented in full.

Reason: To ensure the impact on bats is minimised during construction and in accordance with the aims of Policy 31 of the

Broxtowe Part 2 Local Plan (2019) and the NPPF.

11.

The windows in the north east elevation serving apartments 37 and 58 on drawings 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 neighbour amenity and in accordance with Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

12.

The 1.8m high roof terrace screens serving apartment 15 on drawing ref: CBP Z3 XX DR A 4010 S4 P06 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 neighbour amenity and in accordance with Policy 17 of the Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

13.

No construction or site preparation work in association with this permission shall be undertaken outside of the hours of 08:00-18.00 Monday to Friday, 08:00-13:00 Saturdays and at no time on Sundays or Bank Holidays.

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

NOTE TO APPLICANT

1.

The Council has acted positively and proactively in the determination of this application by working to determine it within the 13 week determination timescale.

3.

This permission has been granted contemporaneously with an

Agreement under Section 106 of the Town and Country Planning

Act 1990, and reference should be made thereto.

4.

Burning waste on site is prohibited.

5.

The future owners/occupiers of the proposed dwelling should sign up to the Environment Agency's Flood Warning Direct Service.

6.

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 of the 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.

7.

Due to the presence of gas apparatus on site, you are required to

contact Cadent's Plant Protection Team for approval before 

carrying out any works, plantprotection@cadentgas.com or tel:

0800 688 588.

8.

Vegetation clearance should be avoided during the bird breeding

season of March-August inclusive.

9.

All workers / contractors should be made aware of the potential of protected species being found on site and care should be taken during works to avoid harm. If protected species are found during works, work should cease until a suitable qualified ecologist has been consulted.

10.

The recommendations are stated on page 9 of the RammSanderson Bat Building Review document should be carried out in full.

11.

The Councils Environmental Health Pollution team will need to be notified of the arrival on site of the Mobile Crushing plant for them to carry out inspection of the crushing equipment in line with the operational permit issued under the Pollution Prevention and Control Act 1999 Environmental Permitting (England and Wales) Regulations 2010 (as amended).

12.

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

13.

The proposed access and layout does not meet adoptable highway

standards and therefore, all roads, paths, street lighting, footways

and waste management must be maintained at the expense of the

applicant/land owner.

14.

Cadent Gas Ltd own and operate the gas infrastructure within the area of the development. There may be a legal interest (easements and other rights) in the land that restrict activity in proximity to Cadent assets in private land. The applicant must ensure that the proposed works do not infringe on legal rights of access and or restrictive covenants that exist.  The applicant should apply online to have apparatus diverted in advance of any works, by visiting cadentgas.com/diversions.  Prior to carrying out works, including the construction of access points, please register on www.linesearchbeforeudig.co.uk