Agenda item

Demolition of existing building and the creation of residential apartments and ground floor commercial units.

 

Michael Zucker, the applicant, spoke in support of the application.

 

The Principal Planning Officer introduced the report.

 

                                                            Councillor Lawrence joined the meeting.

 

RESOLVED:

 

To Grant full planning permission subject to the conditions listed and for the reasons set out in the report.

 

Conditions

 

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

 

2.    This permission shall be read in accordance with the application form and            following list of approved drawings deposited on the 15th March 2022:-

 

Existing Elevations drg. no. Ex EL 1

Existing Ground Floor Plan drg. no. EX GP

Existing Block Plan drg. no. Rev A

Location Plan drg. no. Loc Pl Rev A

Proposed Block Plan drg. no. Blcpl Rev A

Proposed Site Plan drg. no. Pr BP Rev E

Proposed Ground Floor Plan drg. no. Prgf Rev D

Proposed First Floor Plan drg. no. Prff Rev A

Proposed Second Floor drg. no. prsf Rev A

Proposed Elevations Sheet 2 drg. no. Pr El 2 Rev B; and Proposed Elevations sheet 1 drg. no. Pr El 1 Rev B received on the 12th April 2022; and

 

Correspondence dated 14th November 2022 with regards to proposed uses.  

 

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

 

3.    Prior to above ground works commencing details/samples of materials to be used in the external appearance of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved plans.

 

4.    No part of the development hereby permitted shall be brought into use until the parking, turning and servicing areas are surfaced in a bound material with the parking bays clearly delineated in accordance with drawing 'Proposed Block Plan' Loc P1. The parking, turning and servicing areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking, turning and loading and unloading of vehicles.

 

5.    No part of the development hereby permitted shall be brought into use until the bin store has been constructed and positioned in accordance with drawing

Proposed Block Plan drg. no. Blcpl Rev A

 

6.    The new doors and windows on the street frontage shall open inwards only. The approved doors and windows shall then be retained for the life of the development.

 

7.    Prior to the occupation of any unit for hot food takeaway use (Sui generis) or the preparation of hot food (Café Class E b)) precise details of the means of ventilation and extraction including appropriate mitigation measures shall be submitted and approved in writing by the Local planning Authority. The means of ventilation and extraction and any mitigation measures shall be maintained in good working order for the lifetime of the hot food take away or preparation of hot food for a café.

 

8.    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, thereafter, be undertaken in accordance with the approved CEMP.

 

9.    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.

 

The Electric Vehicle Recharging Point shall be in a prominent position on the site and shall be for the exclusive use of zero emission vehicles. The Electric

Vehicle Recharging Point 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 residents.

 

10.The ground floor commercial units hereby approved shall be used for Class E and of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) nor for any other use falling within Sui Generis other than Hot Food Takeaway.

 

11.There shall only be one Hot Food Takeaway on the site at any one time

 

Reasons

 

1.    In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004

 

2.    For the avoidance of doubt and to define the permission.

 

3.    In the interests of visual amenity in accordance with Policy 10 of the ACS.

 

4.    To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area.

 

5.    To enable the bins to be collected by the refuse team on collection day.

 

6.    In the interests of Highway and pedestrian safety.

 

7.    To safeguard the amenity of the occupiers of nearby properties in accordance with Policy LPD 32 of the LPD.

 

8.    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.

 

9.    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.

 

10.For avoidance of doubt and to define the permission.

 

11.The use of the site for 2 no. Sui Generis uses would require further assessment.

 

Reasons for Decision

 

The principle of the development is supported given that it would result in the enhancement of the character and appearance of this section of Front Street and High Street to the rear as well as enhancing the vitality and viability of Arnold

Secondary Shopping Area and the town centre. The layout, design and appearance of the building is considered acceptable. This together with the proposed upper floor residential units would not be detrimental to the amenity of neighbouring buildings nor to highway safety. It is therefore considered that the proposal is a sustainable form of development which is appropriate for its context and in accordance with Sections 4, 7, 9, 11 and 12 of the (NPPF 2021), Policy A, Policy 2, Policy 6, Policy 10 of the Aligned Core Strategy (2014) and Policies LPD 4, LPD 11, LPD 32, LPD 33, LPD 35, LPD 49, LPD 50, LPD 51, LPD 57 and LPD 61 of the Local Planning Document( 2018)

 

Notes to Applicant

 

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

 

The proposed development will include the demolition of the existing buildings which could contain asbestos materials. The Control of Asbestos Regulations 2012 (CAR2012) require that suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present before demolition or other work is carried out. CAR 2012 requires that a suitable written plan of work must be prepared before any work is carried out and the work must be carried out in accordance with that plan. If asbestos is not managed appropriately then the site may require a detailed site investigation and could become contaminated land as defined in Part 2A of the Environmental Protection Act 1990

 

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).

 

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on0845 762 6848. Further information is also available on The Coal Authority website at www.coal.decc.gov.uk.Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

 

The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework.

Negotiations have taken place during the consideration of the application to address adverse impacts identified by officers and/or address concerns raised by letters of representation submitted in connection with the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.