Agenda item

Application No. 2020/0827 - Arnold Market, Hallams Lane, Arnold

Minutes:

Construction of a two storey business enterprise building, providing business incubator and office units falling within use classes A1 (retail), A2 (professional and financial services), A3 (restaurant/café), A4 (drinking establishment), B1 (office/research/light industry), D1 (non-residential institutions) and D2 (leisure) and new market place/public realm area.of conditions 8 (trees) 3, 16 and 17 (highways) of outline permission 2018/1143 - for the demolition of existing buildings and structures and the erection of up to 84 no. dwellings and associated open space and infrastructure.

 

The Assistant Director – Planning and Regeneration apologised for an error in the second sentence in the description of the proposal on page 66 where reference was made to the proposed development at Flatts Lane, which Members considered had earlier under Agenda item 5.

 

He added that further to the publication of the report, an objection had been received from a member of the public in relation to the impact the development would have upon their exiting views of Arnold Town Centre and they had stated that they should be compensated. Loss of a view over adjoining land was not a material planning consideration and neither was the objectors desire to seek compensation.

 

The proposal would lead to a loss of view from the side widows of the first floor flat located adjacent to the site, however the proposal was not considered to be overbearing, given that rear elevation would be separated from the adjoining property by the proposed vehicular access. Paragraphs 7.8 and 7.9 of the report specifically assess the impact upon residential amenity having regard to the long established market use and the design of the rear elevation, which seeks to minimise overlooking. This section of the report concludes that the proposal would be policy compliant.

 

RESOLVED:

 

Grant full Planning Permission subject to the conditions listed for the reasons set out in the report.

 

  1. The development herby permitted shall commence before the expiration of 3 years from the date of this permission.

 

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

 

AMN-MA-00-00-DR-A-00101-S2-P01-Site Location Plan

AMN-MA-00-GF-DR-A-00103-S2-P01-Proposed Ground Floor Plan

AMN-MA-00-01-DR-A-00104-S2-P01-Proposed First Floor Plan

AMN-MA-00-02-DR-A-00105-S2-P01-Proposed Roof Plan

AMN-MA-00-ZZ-DR-A-00106-S2-P01-Proposed Elevations

AMN-MA-00-ZZ-DR-A-00107-S2-P01-Proposed Sections

AMN-MA-ZZ-ZZ-DR-L-40000-S2-P01-Landscape Masterplan

AMN-MA-ZZ-ZZ-DR-L-40010-S2-P01-Landscape Illustrative Plan

AMN-MA-ZZ-ZZ-DR-L-40030-S2-P01-Landscape Illustrative Section

AMN-MA-00-ZZ-RP-A-001-S2-P01 Design & Access Statement

200606 Energy Statement - Arnold Market

AMP-BWB-GEN-XX-RP-TR-0001-HS-S1-P2

 

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

 

3. Prior to the occupation of building(s) hereby permitted, details shall be submitted to and approved in writing by the Local Planning Authority as to the position within the development of one (1) Electric Vehicle Recharging Point; with appropriate cable and infrastructure provision to allow this to increase to two (2) points in total in future years. The Electric Vehicle Recharging Points shall be installed prior to occupation of any part of the development and shall be thereafter maintained in the location as approved for the lifetime of the development. All EV charging points shall meet relevant safety and accessibility requirements and be clearly marked with their purpose; which should be drawn to the attention of staff and visitors.

 

4. Prior to commencement of the development a Construction Emission Management Plan (CEMP) for minimising the emission of dust and other emissions to air during the site preparation and construction shall be submitted to and approved in writing by the Local Planning Authority.  The CEMP must be prepared with due regard to the guidance produced by the Council on the assessment of dust from demolition and construction and include a site specific dust risk assessment.  All works on site shall be undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Local Planning Authority.

 

5. No part of the development hereby permitted shall be brought into use until the access road, parking, turning and servicing areas are provided in accordance with the approved plans. The access road, parking, turning and servicing areas shall not be used for any purpose other than access, parking, turning, loading and unloading of vehicles, and shall thereafter be retained for the life of the development.

 

6. No part of the development hereby permitted shall be brought into use until the access road and parking areas have been surfaced in a bound material (not loose gravel). The surfaced access road and parking areas shall then be maintained in such bound material for the life of the development.

 

7. No part of the development hereby permitted shall be brought into use until the access road and parking areas are constructed with provision to prevent the unregulated discharge of surface water from the access road and parking areas to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

8. Prior to above ground works commencing, samples of materials for the external elevations of the building and public realm hardstanding shall be submitted to and approved in writing by the Local Planning Authority. The details as approved shall thereafter be implemented and retained thereafter.

 

9. The landscaping scheme as approved shall be carried out in the first planting season following completion of the development. Any trees, shrubs or plants that die within a period of five years from the completion of each development phase, or are removed and/or become seriously damaged or diseased in that period, shall be replaced (and if necessary continue to be replaced) in the first available planting season with others of similar size and species.

 

10. Prior to use of the building’s first floor the aluminium screens shown on the approved elevation drawing (AMN-MA-00-ZZ-DR-A-00106-S2-P01-Proposed Elevations) to the rear of the unit shall be in situ and shall be retained as such thereafter.

 

11. Prior to the occupation of each unit, details of any condenser and extraction units that are to be installed shall be submitted to and approved in writing by the Local Planning Authority.  Only the condenser and extraction units approved shall thereafter be erected on any unit of the building.

 

 

Reasons

 

1. To comply with the requirements of Section 91(1) of the Town and Country Planning Act 1990 (as amended).

 

2. For the avoidance of doubt

 

3. To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration the National Planning Policy Framework and policy LPD11 of the Councils Local Plan.

 

4. To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration the National Planning Policy Framework and policy LPD11 of the Councils Local Plan.

 

5. In the interests of highway safety and to comply with policy LPD61.

 

6. To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc) and in the interests of highway safety and to comply with policy LPD61.

 

7. To ensure surface water from the site is not deposited on the public highway causing dangers to road users and to comply with policy LPD61.

 

8. To ensure that the character of the area is respected and to comply with policy ACS10.

 

9. To ensure that the character of the area is respected and to comply with policy ACS10.

 

10. To ensure that the amenity of neighbouring properties is respected and to comply with policy LPD32.

 

11. To ensure that the amenity of neighbouring properties is respected and to comply with policy LPD32.

 

 

Notes to Applicant

 

The developer is encouraged to consider upgrading the EV charging facilities to incorporate mode 3 charging capability as this will help future proof the development and improve its sustainability. A suitable electrical socket can be provided to allow 'Mode 3' charging of an electric vehicle, allowing Smart charging of electric vehicles. All electrical circuits/installations shall comply with the electrical requirements of BS7671:2008 as well as conform to the IET code of practice on Electrical Vehicle Charging Equipment installation (2015).

 

Please note that the grant of planning permission does not override civil legal matters with regard to development on or over a boundary, including the Party Wall etc Act, advice on which should be sought from an independent source.

 

The applicant is advised that all planning permissions granted on or after 16th October 2015 may be subject to the Community Infrastructure Levy (CIL). Full details of CIL are available on the Council's website. The proposed development has been assessed and it is the Council's view that CIL IS PAYABLE on the development hereby approved as is detailed below.  Full details about the CIL Charge including, amount and process for payment will be set out in the Regulation 65 Liability Notice which will be sent to you as soon as possible after this decision notice has been issued.  If the development hereby approved is for a self-build dwelling, residential extension or residential annex you may be able to apply for relief from CIL.  Further details about CIL are available on the Council's website or from the Planning Portal: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

 

 

Supporting documents: