Agenda item

Section 73 application for amendments to planning permission 2020/0237 (as amended by Non Material Amendment 2020/1099NMA) relating to alterations to the approved Sainsburys store, car park and service yard at land south of Colwick Loop Road, Colwick.

 

The Principal Planning Officer introduced the report.

 

RESOLVED:

 

That the application be granted permission, subject to the conditions outlined below:

 

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

 

A-PL-011-M Proposed Site Plan

A-PL-012-F Proposed Food Store Plan

A-PL-013-G Proposed Roof Plan

A-PL-014-F Proposed Elevations

A-PL-015-D Existing and Proposed Site Sections

A-PL-016-D Proposed Recycling Centre

A-PL-017-D Proposed Service Yard Plan

A-PL-020-E Proposed Petrol Filling Station Plan

A-PL-021-D Proposed Petrol Filling Station elevations

A-PL-023 P01 Sprinkler Tank

A-PL-024 P02 Roof Plant

A-PL-025 P01 Trolley Shelters, Walkways & Bollards

A-PL-026 P03 Boundary Treatment & Service Yard Gates

A-PL-029 P02 Motorcycle Shelter

 

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

 

2.         Development shall commence in accordance with the materials as detailed on drawings 2019-273/A-PL-031 rev P03 and 2019-273/A-PL-027 rev P02.

 

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 D and GC.81800.202 rev D.

 

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 bat and bird boxes  shall be installed in accordance with the details set out in the approved Biodiversity Management Plan prior to the relevant element being brought into use.

 

8.         The drainage scheme for the disposal of surface water and foul sewage for each element of the development, shall be implemented before each respective element of the development is first brought into use, in accordance with the following approved documents:

 

Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9950 P3
Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9951 P5
Surfacing Type Plan XA-0013_0057-FHT-Z07-XX-DR-C-9952 P4
Micro Drainage Details 1 in 1yr, 1 in 30yr and 1 in 100yr plus 40
FRA - dated October 2020, issue 5

 

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.      The management of the car park shall be carried out in accordance with A-PL-011-M Proposed Site Plan.

 

11.      Development shall proceed in accordance with the Construction Management Plan as approved under reference 2020/1136DOC.

 

12.      The development shall not be occupied until highway improvements have been provided at A612 / Burton Road / Shearing Hill junctions, as outlined on drawing numbers TP2051026/03 and TP2051026/104 unless otherwise agreed in writing with 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 approved scheme to regulate the discharge of surface water from the access roads, parking, turning and servicing areas to the public highway, shall be implemented prior to the respective element being brought into use., in accordance with the following documents:

Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9950 P3
Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9951 P5
Surfacing Type Plan XA-0013_0057-FHT-Z07-XX-DR-C-9952 P4
Micro Drainage Details 1 in 1yr, 1 in 30yr and 1 in 100yr plus 40
FRA - dated October 2020, issue 5

 

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. M (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 development hereby approved shall not be occupied until the off-site traffic management works comprising of a weight restriction on Mile End Road, as approved under discharge of condition application 2021/0039, have been implemented.

 

17.      The means to prevent the deposit of debris upon the adjacent public highway as a result of the construction hereby approved shall be completed in accordance with the details as approved under discharge of condition application 2002/1136DOC.

 

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.      Development shall proceed in accordance with the evacuation plan as approved under reference 2020/0934DOC. 

 

21.      Development shall proceed in accordance with the approved flood resilience details as follows:

Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9950 P3
Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9951 P5
Surfacing Type Plan XA-0013_0057-FHT-Z07-XX-DR-C-9952 P4
Micro Drainage Details 1 in 1yr, 1 in 30yr and 1 in 100yr plus 40
FRA - dated October 2020, issue 5

 

22.      The surface water scheme for the development, which is based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, shall be implemented prior to each respective element being brought into use, in accordance with the following details:

 

Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9950 P3
Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9951 P5
Surfacing Type Plan XA-0013_0057-FHT-Z07-XX-DR-C-9952 P4
Micro Drainage Details 1 in 1yr, 1 in 30yr and 1 in 100yr plus 40
FRA - dated October 2020, issue 5

 

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.      Development shall proceed in accordance with the details as approved under reference 2020/1007DOC in respect of details with regard to the petrol filling station.

 

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

 

26.      Development shall proceed in accordance with the details as approved and listed at Conditions 1 and 2 of this permission, in respect of the following matters: 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.
j) Boundary treatment of the perimeter of the site, and around the recycling area.
k) The appearance of the plant to be sited on the roof.

 

The above matters shall be maintained in accordance with these details at all times unless otherwise agreed in writing by the Local Planning Authority.

Not later than 6 months from the date of this decision notice details of the size, location and appearance of the proposed new bus stops on the site shall be submitted to and approved in writing by the Local Planning Authority.

 

27.       Development shall proceed in accordance with the lighting scheme as identified on drawing XA-0013-0057-MPE-Z07-GF-DR-E-207-4 rev P1 and be maintained in that form thereafter.

 

28.      Development shall proceed in accordance with the Biodiversity Management Plan as approved under reference 2020/1070DOC.

 

29.      Development shall proceed in accordance with the two additional invertebrate surveys as approved under reference 2020/1013DOC.

 

30.      The landscaping shall be implemented in accordance with the Landscape Masterplan GC.81800.001 E and Detailed Planting Plans GC.81800.301 H and GC.81800.302 H. 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.

 

Reasons

 

1.         For the avoidance of doubt.

 

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

 

3.         In order to assist in the protection of air quality.

 

4.         In the interests of good arboricultural practice.

 

5.         To ensure that the ecological impacts from the development are fully explored and to comply with guidance within the NPPF.

 

6.         In order to assist in the protection of air quality.

 

7.         To ensure that the ecological impacts from the development are fully explored and to comply with guidance within the NPPF.

 

8.         To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

 

9.         To ensure that the development meets some of the requirements for sustainable development.

 

10.       In the interests of crime prevention.

 

11.       In order to ensure Carlton Footpaths 22 and 23 are kept available for use both during and after the construction period and the users of the footpaths are not impeded or endangered in any way.

 

12.       To ensure that the traffic accessing the development does not give rise to highway danger, traffic problems and loss of residential amenity.

 

13.       To ensure that an adequate level of off street parking is provided for the needs of the development.

 

14.       To regulate the discharge of surface water from the site onto to the public highway to prevent traffic and highway problems

 

15.       To ensure the provision of cycle parking in order to support use by non car borne customers and staff.

 

16.       To prevent heavy goods vehicles travelling along residential roads to access the site, in the interests of residential amenity.

 

17.       To prevent the deposit of debris on the highways around the site, in the interest of highway safety.

 

18.       To enable, encourage and facilitate visitors to the site to use non-car means of transport

 

19.       To reduce the risk of flooding to the proposed development.

 

20.       To enable a safe means of egress from the site during an extreme flood event.

 

21.       To reduce the impact of flooding on the development.

 

22.       To prevent the increased risk of flooding, both on and off site and to manage surface water in a sustainable manner.

 

23.       To ensure that there is no mobilisation/ migration of contamination into the underlying aquifer.

 

24.       To ensure that there is no mobilisation/ migration of contamination into the underlying aquifer.

 

25.       To ensure the development is implemented in a manner which does not increase the risk of flooding, both on and off site, to manage surface water in a sustainable manner and prevent contamination.

 

26.       These detailed matters were not included on the submitted plans and require the approval of the Local Planning Authority in the interests of visual amenity.

 

27.       To ensure external illumination does not affect highway safety or residential amenity.

 

28.       To ensure that the ecological impacts from the development are fully explored and to comply with guidance within the NPPF.

 

 

29.       To ensure that the ecological impacts from the development are fully explored and to comply with guidance within the NPPF.

 

30.       To ensure that the character of the area is respected and that the site will have ecological benefits and to comply with guidance within the NPPF.

 

Notes to Applicant

 

Your attention is drawn to the attached comments of the Rights of Way Officer.

 

You are advised that further consents may be required for advertisements and signage, and you should contact the Borough Council prior to carrying out any such works.

 

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework.

 

The proposed off-site highway works are likely to require a Traffic Regulation Order before the development commences to provide off-site mitigating works. The developer should note that the Order can be made on behalf of the developer by Nottinghamshire County Council at the expense of the developer. This is a separate legal process and the Applicant should contact the County Highway Authority for details.

 

Washdown from the car wash should be discharged to foul sewer. This washdown should not be discharged via an oil separator as detergents in the washdown will render the separator ineffective. Car wash liquid waste is classed as trade effluent. Before discharging to a sewer you must always get a trade effluent consent or enter into a trade effluent agreement with your water and sewerage company or authority. If you are not able to discharge effluent to the foul sewer it will be classed as waste and you must then comply with your duty of care responsibilities. More information regarding the discharge of trade effluent can be found at www.netregs.gov.uk http://publications.environment-agency.gov.uk/pdf/PMHO0307BMDX-e-e.pdf

 

In order to carry out the off-site works required 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. Please contact the County Highway Authority for details.