Agenda item

Section 73 application for amendments to planning permission 2013/0500 (as amended by 2016/1177NMA) relating to alterations to the approved Sainsbury's store and service yard at land south of Colwick Loop Road.

 

A written representation from Bruno Moore of Sainsbury’s Supermarkets Ltd (The Applicant) was read by Alec Dubberley, Service Manager – Democratic Services.

 

The Assistant Director of Planning and Regeneration introduced the report and advised Members that the travel plan and air quality obligations had been discharged and that full payments had been received by the County Council and the Borough Council.  He therefore recommended that the recommendation was amended as follows:

 

To grant planning permission, subject to the conditions outlined in the report.

 

RESOLVED:

 

To Grant planning permission, subject to the conditions outlined in the report.

 

Conditions

 

1. This permission shall be read in accordance with the application form and following list of approved drawings:

 

o Location Plan A-PL-001 Rev. C

o Existing site plan A-PL-003 Rev. B

o Proposed site plan A-PL-011 Rev. E

o Proposed foodstore plan A-PL-012 Rev. B

o Proposed foodstore roof plan A-PL-013 Rev. B

o Proposed elevations A-PL-014 Rev. B

o Existing & proposed site sections A-PL-015 Rev. B

o Proposed recycling centre details A-PL-016 Rev. B

o Proposed service yard plan A-PL-017 Rev. B

o Proposed petrol filling station plan A-PL-020 Rev. B

o Proposed petrol filling station elevations A-PL-021 Rev. B

o Masterplan GC.81800.001 Rev. B

o Tree constraints plan Sheet 1 of 2 GC.81800.201 Rev. A

o Tree constraints plan Sheet 2 of 2 GC.81800.202 Rev. A

o Detailed Planting Plan 1 of 2 GC.81800.301 Rev. E

o Detailed Planting Plan 2 of 2 GC.81800.301 Rev. E

 

The development shall thereafter be undertaken in accordance with these plans/details.

 

2. Prior to the commencement of development of the retail elements (excluding already implemented highway works, any site clearance and remediation works as required by condition 6) a sample panel of materials to be used in the external elevations of the food store building, kiosk and carwash, shall be submitted to and approved in writing by the Borough Council.  Once approved the development shall be completed in accordance with the approved materials.

 

3. The retail and employment elements shall be carried out in accordance with the measures set out under the Air Quality Mitigation Strategy dated 22nd July 2013.  A verification report to demonstrate compliance with the Air Quality Mitigation Strategy shall be submitted to and approved in writing by the Borough Council before the respective elements are first brought into use.

 

4. The development hereby granted full planning permission shall be completed in accordance with the tree constraints and protection plans and notes drawing nos.GC.81800.201 rev A and GC.81800.202 rev A.

 

5. There shall be no vegetation clearance and demolition works during the main bird nesting period (March - August), unless otherwise prior agreed in writing with the Local Planning Authority.

 

6. Development shall proceed in accordance with remediation details as approved under discharge of condition application 2015/0484DOC.  Prior to occupation of the development hereby approved a verification report shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that the remediation works as approved have been successfully completed.

 

7. Prior to the occupation of the retail or employment elements details of bat and bird boxes to be incorporated within the approved relevant element shall be submitted to and approved in writing by the Borough Council.  Once approved the bat and bird boxes shall be installed in accordance with the approved details prior to the relevant element being brought into use.

 

8. Prior to the commencement of development of the retail or employment elements (excluding already implemented highway works, any site clearance and remediation works as required by condition 6) drainage plans for the disposal of surface water and foul sewage relating to the respective element shall be submitted to and approved in writing by the Borough Council.  The drainage scheme shall be implemented in accordance with the approved details before the respective element is first brought into use.

 

9. The retail elements hereby approved shall not be brought into use until full details of the Local Employment Partnership, as outlined in Appendix 11 of the Planning and Retail Report submitted as part of this application, has been submitted to and approved in writing by the Local Planning Authority and evidence has been provided to demonstrate that the partnership has been established. In addition the details to be submitted shall also set out how the partnership shall be sustained throughout the life time of the development. The development shall thereafter operate in accordance with the approved Local Labour Agreement.

 

10. Prior to the occupation of the retail element details of the retail unit car park barrier, including a management plan for the car park barrier, shall be submitted to and approved in writing by the Borough Council.  The management plan shall include details of the times and respective days that the gates will be opened and closed as well as details of who will be responsible for ensuring the gates are opened and closed at these times.  Once approved the proposed car park barrier shall be installed prior to the retail unit first being brought into use and operated in accordance with these details at all times unless otherwise agreed in writing by the Borough Council.

 

11. Prior to the commencement of development of the retail and employment elements (excluding already implemented highway works, any site clearance and remediation works as required by condition 6), a Construction Management Plan for the respective element shall been submitted to and approved in writing by the Borough Council.  The Construction Management Plan shall demonstrate that the works can be carried out without affecting or causing any obstruction to Carlton Footpaths 22 and 23.  The respective element shall be completed in accordance with the approved relevant Construction Management Plan.

 

12. The development shall not be occupied until the following works have been provided in accordance with details that have been first agreed with the Local Highway Authority: a) A new signalised junction has been provided on to the Colwick Loop Road. b) Highway improvements have been provided at Colwick Loop Road / Road No1 junction.  c) Highway improvements have been provided at A612 / Burton Road / Shearing Hill junctions to the satisfaction of the Local Planning Authority.

 

13. The retail and employment elements shall not be brought into use until the access roads parking, turning and servicing areas relating to the respective element are surfaced in a hard bound material and delineated on site, to the satisfaction of the Local Planning Authority. The surfaced areas and any parking or turning areas shall then be maintained in such hard bound material for the life of the development.

 

14. The retail and employment elements shall not be brought into use until a scheme relating to the respective elements to regulate the discharge of surface water from the access roads, parking, turning and servicing areas to the public highway is submitted and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the respective element being brought into use.

 

15. The food store element hereby permitted shall not be brought into use until the cycle parking layout as indicated on drawing A-PL-011 Rev. E (Proposed site plan) has been provided and that area shall not thereafter be used for any purpose other than the parking of cycles.

 

16. The retail elements shall not be occupied until the off-site traffic management works comprising of a weight restriction on Mile End Road have been provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.

 

17. Details of measures to prevent the deposit of debris upon the adjacent public highway as a result of the construction of any part of the retail or employment elements shall be submitted to and approved in writing by the LPA prior to commencing work on the respective element. The approved measures shall be implemented in accordance with the agreed measures, and retained in situ until construction of the respective elements is available for use.

 

18. The retail or employment elements shall not be occupied until a Full Travel Plan for the respective element 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

 

19. The retail and employment elements shall be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures: a) As a minimum, proposed floor levels will be set with a freeboard of 600mm above existing ground levels. b) Other than in those areas where levelled or graded access is required to or from a building or to provide vehicular access into and between the respective elements, external finished ground levels will be no less than 300mm below the proposed floor level of the nearest building. c) Where local flooding occurs surface water runoff is to be routed away from the buildings along the footways and roadways to the drainage system.  The mitigation measures for each respective element shall be fully implemented prior to occupation of the respective element.

 

20. Prior to the commencement of development of the retail or employment elements (excluding already implemented highway works, any site clearance and remediation works as required by condition 6), a scheme to provide an evacuation plan for the respective element shall be submitted to, and approved in writing by, the local planning authority, in consultation with their emergency planner.  The approved scheme for the respective element shall be fully implemented and subsequently maintained.

 

21. Prior to the commencement of development of the retail and employment elements (excluding already implemented highway works, any site clearance and remediation works as required by condition 6) a scheme to provide flood resilience design for the respective element shall be submitted to, and approved in writing by, the local planning authority, in consultation with the Council's emergency planner.  The scheme for each element shall be fully implemented and subsequently maintained.

 

22. Prior to the commencement of development of the retail or employment elements (excluding already implemented highway works, any site clearance and remediation works as required by condition 6), a surface water drainage scheme for the respective element, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, shall be submitted to and approved in writing by the local planning authority. The respective scheme should demonstrate the surface water run-off generated up to and including the 1 in 100 year plus climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The respective scheme shall subsequently be implemented in accordance with the approved details before the respective element is brought into use. The scheme shall include: a) The utilisation of sustainable drainage techniques, including rainwater harvesting for the supermarket and permeable paving within the retail element; b) Limitation of the runoff rate to a 20% betterment from the existing drainage conditions for the retail element (limiting discharge to 4.7l/s/ha (QBAR)); and a 10% betterment for the employment element (limiting discharge  to 5.3l/s/ha (QBAR));as detailed in a letter dated 16th September 2013 from Morgan Tucker.  c) Water quality management incorporated within the design, with two forms of treatment prior to discharge from the site; d) Demonstration through hydraulic calculations that appropriate attenuation is to be provided to limit the rate of runoff from the site; e) Confirmation of responsibility and management of the drainage features on construction of the scheme.

 

23. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express 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.

 

24. Prior to the commencement of development of the petrol filling station (excluding already implemented highway works, any site clearance and remediation works as required by condition 6) a scheme to install petrol storage tanks shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall include the full structural details of the installation, including details of: excavation, the tank(s), tank surround, associated pipework and monitoring/ leak detection system, along with: a) Proposed method of petrol storage; b) Justification for this method of storage; c) Groundwater levels for this specific part of the site; d) Site specific risk assessment outlining the volume, type of pollutants being stored and the hydrogeological situation. Where potential risks have been identified, the Local Planning Authority will require mitigation measures to be implemented to ensure that there is no release of hazardous substances into the Secondary Aquifer.

 

25. The schemes approved under conditions 19, 20, 21, 22 and 23 shall be fully implemented and subsequently maintained in that form.

 

26. Notwithstanding condition 1 above, prior to the commencement of development of the retail elements (excluding already implemented highway works, any site clearance and remediation works as required by condition 6), details of the following matters shall be  submitted to and approved in writing by the Local Planning Authority.  Once approved the matters shall be maintained in accordance with these details at all times unless otherwise agreed in writing by the Local Planning Authority. a) Electric charging points for customer vehicles. b) Sprinkler tanks, including their colour and appearance. c) The design, height and colour of the service yard enclosure and its gates. d)  The appearance of the car wash (including materials and lighting). e) The appearance of the covered walkway across the walkway (including materials and lighting). f)  The materials and design of trolley storage areas, both within the car park and adjacent to the food store. g) The details of the height, materials and design of the bollards/barriers around the food store building. h) Plans for providing shelter to motorcycle parking. g) The size, location and appearance of the proposed new bus stops on the site. h) Boundary treatment of the perimeter of the site, and around the recycling area. i) The appearance of the plant to be sited on the roof, and if required any screening or acoustic enclosure.

27. Prior to occupation of the food store, petrol station or car wash, a scheme detailing all external lighting, including details of the height of any lighting columns, the design of lamp assembly, the spread of light beyond the site boundaries and the hours of illumination, shall be submitted for the approval of the Local Planning Authority, and the approved details to be implemented and maintained in that form.

 

28. Prior to commencement of above ground works, details of a Biodiversity Management Plan, to accord with the details outlined in the ecological appraisal dated July 2020, shall be submitted to and approved in writing by the Local Planning Authority.  The details as approved shall thereafter be implemented.

 

29. Prior to commencement of above ground works, two additional invertebrate surveys shall be completed and the subsequent reports shall be submitted to and approved in writing by the Local Planning Authority.  Any mitigation contained in the approved report shall be implemented.

 

30. Notwithstanding condition 1 above, prior to above grounds works commencing, additional landscape drawings shall be submitted to and approved in writing by the Local Planning Authority and they shall look to enhance the ecological benefits of the site.  The approved landscaping shall be completed during the first planting season following the commencement of the development, or such longer period as may be agreed in writing by the Local Planning Authority.  Any trees/shrubs which, within a period of five years of being planted die, are removed or become seriously damaged or diseased shall be replaced in the current or next planting season with others of similar size and species.