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 25 July 2022:

·       Site Location Plan ref: M028-STN-XX-DR-M2-A-02 Rev A

·       Twin Garage ref: M028-STE-XX-DR-M2-A-G_01 Rev A

·       Single Garage ref: M028-STE-XX-DR-M2-A-G_02 Rev A

·       Arboricultural Method Statement page ‘Tree Retention Plan’ ref: 9864-T-02 Rev H

Received by the Local Planning Authority on 3 November 2022:

• Refuse Tracking Layout ref: 13 Rev C

Received by the Local Planning Authority on 14 November 2022:

• Planning Layout with dimensions ref: M028-STN-XX-DR-M2-A-08 Rev C
• Planning Layout ref: M028-STN-XX-DR-M2-A-01 Rev AA
• Planning Layout (aerial) ref: M028-STN-XX-DR-M2-A-01 Rev AA
• Cross Sections ref: M028-STN-XX-DR-M2-A-05 Rev D
• Boundary Treatment Plan ref: M028-STN-XX-DR-M2-A-06 Rev G
• Access Track Details ref: M028-STN-XX-DR-M2-A-07 Rev D

Received by the Local Planning Authority on 15 November 2022:

• Street Scenes ref: M028-STN-XX-DR-M2-A-04 Rev G

Received by the Local Planning Authority on 16 November 2022:

• Planting Plan 09864-FPCR-XX-XX-DR-L-0001 rev P09

Received by the Local Planning Authority on 18 November 2022

• Broughton-M028-STN-BRO-DET-AS-PLUS-DR-A-01
• Coniston-M028-STN-CON-DET_AS-PLUS-DR-A-01
• Coniston-Weaver-Semi-M028-STN-CONWEA-SEMI-AS-PLUS-DR-A-01
• Coniston-Weaver-SEMI-M028-STN-CONWEA-SEMI-AS-PLUS-DR-A-02
• Darwell-M028-STN-DAR-semi-AS-REN-DR-A-01
• Darwell-M028-STN-DAR-semi-AS-REN-DR-A_02
• Harland-M028-STN-HAR-semi-AS-PLUS-DR-A-01
• Harland-M028-STN-HAR-semi-AS-PLUS-DR-A-03
• Harland-M028-STN-HAR-Ter-AS-PLUS-DR-A-02
• Harland-M028-STN-HAR-Ter-AS-PLUS-DR-A-04
• Kentmere-M028-STN-KEN-Semi-AS-Plus-DR-A-01
• Kentmere-M028-STN-KEN-Semi-AS-Plus-DR-A-02
• Killington-M028-STN-KIL-DET-AS-STA-DR-A-01
• Leadmill-M028-STN-LEA-APA-AS-PLUS-DR-A-01
• Leadmill M028-STN-LEA-APA-AS-PLUS-DR-A-02
• Oldbury M028-STN-OLD-DET-AS-REN-DR-A-01 
• Roundhill M028-STN-ROU-SEMI-AS-PLUS-DR-A-01 Rev A
• Roundhill M028-STN-ROU-SEMI-AS-PLUS-DR-A-02 Rev A
• Sherbourne-M028-STN-SHE-DET-AS-PLUS-DR-A-01
• Sherbourne-M028-STN-SHE-DET-AS-Ren-DR-A-01
• Stanford-M028-STN-STA-END-AS-STA-DR-A-01
• Stanford-M028-STN-STA-END-AS-STA-DR-A-02
• Thirlmere-M028-STN-THI-DET-AS-REN-DR-A-01
• Thirlmere-M028-STN-THI-DET-AS-STA-DR-A-01
• Weaver – M028-STN-WEA-DET-AS-PLUS-DR-A-01
• Weaver – M028-STN-WEA-DET-AS-REN-DR-A-01
• Whitewater M028-STN-WHI-DET-AS-PLUS-DR-A-01

Received by the Local Planning Authority on 22 November 2022:

• Materials Plan ref: M028-STN-XX-DR-M2-A-03 Rev L

Reason: For the avoidance of doubt.

3.

No development shall commence until a Construction Method Statement (CMS) has been submitted to and approved in writing by the local planning authority. The CMS shall be adhered to throughout the construction period. The CMS shall provide for:

(a)   site access for construction vehicles

(b) the parking of vehicles of site operatives and visitors

(c)   loading and unloading of plant and materials

(d)   storage of plant and materials used in constructing the development

(e)   the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

(f)    wheel washing facilities

(g)   measures to control the emission of dust and dirt during construction

(h)   agreed construction hours

(i)    communication strategy for recording, investigation and dealing with complaints with a suitable point of contact

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 remedial stabilisation works to address land instability arising from shallow coal mining legacy have been carried out in full in order to ensure that the site is made safe and stable for the development proposed. The remedial works shall be carried out in accordance with authoritative UK guidance

Prior to the occupation of the development a signed statement or declaration prepared by a suitably competent person confirming that the site has been made safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the completion of the remedial works and any mitigation measures necessary to address the risks posed by past coal mining activity.

Reason: The undertaking of intrusive site investigations, prior to the commencement of development, is considered to be necessary

to ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigation measures to be identified and

carried out before building works commence on site. This is in order to ensure the safety and stability of the development and in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local

Plan (2019).

5.

No development 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)   pipes over 200mm in diameter capped off at night to prevent animals entering

b)   netting and cutting tools not to be left in the works area where they might entangle or injure animals

c)   No stockpiles of vegetation should be left overnight and if they are left then they should be dismantled by hand prior to removal

d)   construction lighting proposals

The development shall be constructed in accordance with the agreed CEMP.

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.

6.

No development shall commence until evidence has been provided to demonstrate that an application to reduce the speed limit along Coventry Lane to 40mph has been made.

Reason: No such details were provided and the development cannot proceed satisfactorily without such details being provided before development commences in the interests of highway safety

and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 14 of the Broxtowe Aligned Core Strategy (2014).

7.

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: To ensure that the development does not contribute to, or

is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution and in accordance with the

aims of Policies 1 & 19 of the Broxtowe Part 2 Local Plan (2019) and Policy of the Broxtowe Aligned Core Strategy (2014).

8.

Development shall not commence until a Construction Methodology Statement has been submitted to and approved in writing by the Local Planning Authority. The construction methodology statement shall evidence consultation with Network Rail. The development shall be carried out in strict accordance with the approved construction methodology statement unless otherwise agreed in writing by the Local Planning Authority.

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

9.

Development shall not commence until details of a suitable trespass proof fence, including details of the gated access, adjacent to Network Rail’s boundary have been submitted to and agreed in writing by the Local Planning Authority. 

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

10.

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

a)    All necessary remedial measures stated within condition 8 have been completed in accordance with details approved in writing by the local planning authority; and

b)   A verification report based on the information provided in accordance with condition 8 has been submitted and agreed in writing by the Local Planning Authority that demonstrates that the 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 and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

11.

No buildings pursuant to this permission shall be first occupied until:

·       the off-site highway works as shown for indicative purposes on drawing S278 104 Rev B, S278 103 Rev B, S278 102 Rev B, S278 101 Rev B, S278 100 Rev E have been provided and;

·       respective driveways are drained 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 interests of highway safety, and in accordance with the aims of aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 14 of the Broxtowe Aligned Core Strategy (2014).

12.

Prior to the occupation of the first dwelling hereby approved, the ecological mitigation and enhancements shown on drawing 9864-E-09 received by the Local Planning Authority on 11 November 2022 shall be completed in full.

Reason: In the interests of residential amenity and in accordance with the aims of Policy 31 of the Broxtowe Part 2 Local Plan (2019) and Policy 17 of the Broxtowe Aligned Core Strategy (2014).

13.

Prior to the occupation of the first dwelling hereby approved, details of site boundary treatments, curtilage boundary treatments, seating and bin stores have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until its own boundary treatment has been erected in accordance with the agreed details.

Reason: In the interests of residential amenity, railway safety and

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 Broxtowe Aligned Core Strategy (2014).

14.

Prior to the occupation of the first dwelling hereby approved, details of any external lighting should be submitted to and approved in writing by the Local Planning Authority.  The development should be built in accordance with the approved details.

Reason: To safeguard the operations of the railway and in accordance with the aims and in accordance with the aims of Policies 17 & 19 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

15.

Prior to the occupation of the first dwelling hereby approved, the mitigation measures in respect of fenestration on pages 19-22 of the Noise Risk Assessment & Acoustic Design Statement dated 8 July 2022 received by the Local Planning Authority on 23 August 2022 shall be completed in full.

Reason: In the interests of residential amenity and in accordance with the aims of Policies 17 & 19 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

16.

The development hereby permitted shall be carried out in accordance with the Flood Risk Assessment & Drainage Strategy dated July 2022 received by the Local Planning Authority on 25 July 2022.

Reason: To reduce the risk of flooding and in accordance with the aims of Policy 1 of the Broxtowe Part 2 Local Plan (2019) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

17.

The development hereby permitted shall be carried out in accordance with the ‘Tree Protection Measures’ in Section 7.0 of the Arboricultural Assessment Rev F by FPCR dated July 2022.

Reason: In the interests of ecology and in accordance with the aims of the NPPF, Policies 17 & 31 of the Broxtowe Part 2 Local Plan (2019) and Policies 10 & 17 of the Broxtowe Aligned Core Strategy (2014).

18.

If any trees or plants within the approved landscaping scheme, die or are removed or have become seriously damaged or diseased, within a period of 5 years, 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: In the interests of ecology and in accordance with the aims of the NPPF, Policies 17 and 31 of the Broxtowe Part 2 Local Plan (2019) and Policies 10 and 17 of the Broxtowe Aligned Core Strategy (2014).

19.

If no development has commenced within 12 months of the date of this planning permission, no development shall take place until a badger survey has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with any recommendations contained within the updated survey.

Reason: To minimise the impact of the development on protected species within the site and in accordance with Policy 17 of the Broxtowe Aligned Core Strategy (2014) and Policy 31 of the Broxtowe Part 2 Local Plan (2019).

20.

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the prior written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. For areas where penetrative foundations are permitted, a methodology for reducing noise and vibration impact on neighbouring buildings and residents shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of the piling activity. The activity shall be carried out in accordance with the approved details.

Reason: To protect groundwater from contamination and nearby buildings and residents from noise and vibration, in accordance with the aims of Policy 19 of the Broxtowe Part 2 Local Plan (2019).

21.

No infiltration of surface water drainage into the ground via SUDS

or soakaway on land affected by contamination is permitted without the consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

Reason: To protect groundwater from contamination and in accordance with the aims of Policies 1 & 19 of the Broxtowe Part 2 Local Plan (2019) and Policy 1 of the Broxtowe Aligned Core Strategy (2014).

22.

If development has not commenced on site by 1April 2023, a further bat survey is required to be carried out on Tree 7 (T7) and submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out in accordance with the mitigation measures if any are required.

Reason: To ensure the protection of bat species on site and in accordance with Policy 31 of 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.

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.

3.

Due to the proximity of the site to residential properties it is recommended that contractors limit noisy works to between 08.00 and 18.00 hours Monday to Friday, 08.00 and 13.00 hours on Saturdays and no noisy works on Sundays and Bank Holidays.

4.

Burning of commercial waste is a prosecutable offence.  All waste should be removed by an appropriately licensed carrier.

5.

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 hdc.south@nottscc.gov.uk

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.

The Highway Authority considers it prudent that as part of the proposed off-site highway works, a Traffic Regulation Order is undertaken to provide a safer highway environment. The Order can

be made on behalf of the developer by Via East Midlands at the expense of the developer. This is a separate legal process and the Applicant should contact the Highway Improvements Team on 0115 804 2100 for details.

8.

Vegetation clearance should be avoided during the bird breeding season of March-August inclusive.

9.

Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the buildings.

10.

The applicant is advised to contact Network Rail prior to commencing any works on land adjacent to the railway line, email:

assetprotectionline@networkrail.co.uk

11.

All roads, paths or ways providing access to any part of the railway undertaker’s land shall be kept open at all times during and after the development.

12.

Excavated materials that are recovered via a treatment operation can be re-used on-site under the Development Industry Code of Practice. Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays. You should refer to the Environment Agency’s Position statement on the Definition of Waste: Development Industry Code of Practice and

https://www.gov.uk/government/organisations/environmentagency

13.

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-onyour-property

14.

Contaminated soil that is, or must be disposed of, is waste. Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes:

·       Duty of Care Regulations 1991

·       Hazardous Waste (England and Wales) Regulations 2005

·       Environmental Permitting (England and Wales) Regulations 2010

The Waste (England and Wales) Regulations 2011

15.

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.