Agenda item

Full planning application for: 1) erection of a building for use as a builders merchant (Sui Generis) with trade counters and ancillary kitchen joinery showroom for the display, sale and storage of building, timber and plumbing supplies, plant and tool hire, including outside display and storage including storage racking; and 2) erection of industrial and logistics units (Use Classes E(g)(iii), B2 and B8); together with access and servicing arrangements, parking and landscaping, boundary fencing and associated works.

 

Mark Garrity – Development Director, Chancerygate (The Applicant) spoke in support of the application.

 

The Principal Planning Officer introduced the report and provided an update in respect of the hazardous substance consent and confirmed that the Health and Safety Executive would not request that the application be called in for determination by the Secretary of State nor pursue the matter further, should planning permission be granted.

 

RESOLVED:

 

To GRANT PLANNING PERMISSION: subject to the following conditions:

 

Conditions

 

 1       The development must be begun not later than three years beginning with the date of this permission.

 

 2       The development hereby permitted shall be completed in accordance with the following drawing and details; received by the Local Planning Authority on 8 July 2022 unless otherwise stated:

 

-      21068-300 Revision P01 (Site Location Plan)

-      21068-302 Revision P09 (Proposed Site Plan) - received 26 October 2022

-      21068-310 Revision P02 (Unit 1 Proposed Elevations)

-      21068-311 Revision P01 (Unit 1 Proposed Floor Plan)

-      21068-312 Revision P02 (Unit 1 Proposed Roof Plan)

-      21068-320 Revision P02 (Unit 2 Proposed Elevations)

-      21068-321 Revision P02 (Unit 2 Proposed Floor Plan)

-      21068-322 Revision P02 (Unit 2 Proposed Roof Plan)

-      21068-330 Revision P01 (Unit 3 Proposed Elevations)

-      21068-331 Revision P01 (Unit 3 Proposed Floor Plan)

-      21068-332 Revision P01 (Unit 3 Proposed Roof Plan)

-      21068-340 Revision P02 (Unit 4 Proposed Elevations)

-      21068-341 Revision P02 (Unit 4 Proposed Floor Plan)

-      21068-342 Revision P02 (Unit 4 Proposed Roof Plan)

-      21068-350 Revision P03 (Unit 5 Proposed Elevations) - received 28 July 2022

-      21068-351 Revision P02 (Unit 5 Proposed Floor Plan)

-      21068-352 Revision P01 (Unit 5 Proposed Roof Plan)

-      21068-900 revision P03 (Proposed Site Section) - received 12 September 2022

-      853.29.02 (Planting Layout South)

-      853.19.05 (Planting Layout North) - received 16 November 2022

-      21068-801-P01 (Schedule of External Building Materials)

-      Construction and Emissions Management Plan - received 17 August 2022

 

 3       In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.  An assessment must be undertaken in accordance with the requirements above, and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

 

 4       Prior to the occupation of building(s) hereby permitted, Electric Vehicle Recharging Points (active) shall be installed in accordance with the details set out in drawing number 21068-302 Revision P09; with infrastructure installed for a further eighteen (18) in future years (passive). The Electric Vehicle Recharging Points shall be for the exclusive use of zero emission vehicles. 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 car park users.

 

 5       The development hereby approved shall be carried out in accordance with the Proposed Drainage Plan (21-034-CHA D01 Rev T3).

 

 6       The proposed Builder's Merchant shall not be brought into use until the parking/turning/servicing areas as shown on drawing 21068-302 Revision PO9 have been provided. The parking/turning/servicing areas shall be maintained in accordance with the approved details and shall not be used for any purpose other than the parking/turning/loading and unloading of vehicles.

 

 7       The proposed Builder's Merchant shall not be brought into use until the vehicular access from Road No.1 as shown on drawing 21068-302 Revision PO9 has been provided.

 

 8       The proposed industrial units shall not be brought into use until the parking/turning/servicing areas as shown on drawing 21068-302 Revision P09 have been provided. The parking/turning/servicing areas shall be maintained in accordance with the approved details and shall not be used for any purpose other than the parking/turning/loading and unloading of vehicles.

 

9        The proposed development shall not be brought into use until bus stop GEO336 as shown indicatively on drawing 21068-302 Revision P09 has been provided unless otherwise agreed with the Local Planning Authority.

 

10       The proposed development shall not be brought into use until the redundant vehicular crossing on Road No.1 has been reinstated to verge, and full height kerbs provided along the footway.

 

11       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any provision in any Statutory Instrument revoking or re-enacting that Order) the development hereby permitted shall not be used for any purposes other than the builders merchant and uses falling within use class E(g)(iii), B2 and B8.

 

12       The development shall be carried out in accordance with the Local Labour Agreement dated September 2022; received by the Local Planning Authority on 28 September 2022.

 

13       The development shall be carried out in accordance with the submitted flood risk assessment (ref 21-034-CHA Road No.3, Colwick, dated 13 June 2022 and document titled Addendum To Flood Risk Assessment, dated 25 August 2022, compiled by I&L Consulting Ltd) and the following mitigation measures it details:

 

-      Finished floor levels shall be set no lower than 20.95 metres above Ordnance Datum (AOD)

-      The proposed units shall be made to be floodable

-      There shall be a safe refuge areas on site and a safe access route off site (as per drawing document SK010 P1 - Proposed Safe Refuge Routes).

 

These mitigation measures shall be fully implemented prior to occupation and

subsequently in accordance with the scheme's timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

14       The landscaping scheme as approved (including the trees to be planted on the public highway) 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.

 

15       No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

 

1. A preliminary risk assessment which has identified:  all previous uses  potential contaminants associated with those uses  a conceptual model of the site indicating sources, pathways and receptors  potentially unacceptable risks arising from contamination at the site
2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.
3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the written consent of the Local Planning Authority. The scheme shall be implemented as approved.

 

16       Prior to any part of the permitted development being brought into use, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

17       No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the Local Planning Authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.

 

18       Piling or any other foundation designs using penetrative methods shall not be carried out other than with the written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reasons

 

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

 

 2       For the avoidance of doubt.

 

 3       In the interest of public health and safety.

 

 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       To ensure that the development has sufficient surface water management, is not at increased risk of flooding, and does not increase flood risk off-site.

 

 6       In the interest of highway amenity.

 

 7       In the interest of highway amenity.

 

 8       In the interest of highway amenity.

 

9        To promote sustainable travel.

 

10       In the interest of highway amenity.

 

11       To protect the vitality and viability of nearby local centres.

 

12       To enable local people to benefit from the development in accordance with LPD 48 of the Gedling Part 2 Local Plan (2018).

 

13       To reduce the risk of flooding to the proposed development and future occupants.

 

14       To ensure that the character of the area is respected and to comply with policies LPD18.

 

15       To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution in line with paragraph 174 of the National Planning Policy Framework.

 

16       To ensure that the site does not pose any further risk to the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete. This is in line with paragraph 174 of the National Planning Policy Framework.

 

17       To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants. This is in line with paragraph 174 of the National Planning Policy Framework

 

18       Piling can result in risks to water resources from, for example, mobilising contamination, drilling through different aquifers, and creating preferential pathways. Thus it should be demonstrated that any of these activities will not harm water resources in line with paragraph 174 of the NPPF. If Piling is proposed, a Piling Risk Assessment must be submitted, written in accordance with EA guidance document "Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination: Guidance on Pollution Prevention. National Groundwater & Contaminated Land Centre report NC/99/73".

 

Reasons for Decision

 

The application site is within an established industrial estate and will enhance employment use on offer. The built form would respect the character of the area and amenity of adjacent users. Highway safety would be respected and parking provision is considered to be acceptable. Subject to conditions the development would be acceptable in respect of flood risk and contamination. The application is, therefore, deemed to comply with policies 1, 4 and 10 of the Aligned Core Strategy; policies LPD 3, LPD 4, LPD 7, LPD 11, LPD 32, LPD 44, LPD 48, LPD 57 and LPD 61 of the Local Planning Document and guidance within the NPPF, Parking Provision for Residential and Non-Residential Developments Supplementary Planning Document (2022) and Low Carbon Planning Guidance for Gedling Borough (May 2021)..

 

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).

 

The development makes it necessary to construct/reinstate a vehicular crossing over a verge/footway of the public highway and provide public transport infrastructure. These works will take place on land that is subject to the provisions of the Highways Act 1980 (as amended), and is therefore land over which you have no control. Please contact licences@viaem.co.uk to ensure the necessary licences are in place prior to works commencing.

 

The development makes it necessary to plant trees in the public highway. You will therefore be required to obtain a cultivation licence under Section 142 of the Highways Act 1980 whereby you will be required to strim the area off to reduce competition for water/nutrients, and commit to a 3 year maintenance plan inclusive of watering.

 

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 not payable on the development hereby approved as the development type proposed is zero rated in this location.

 

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 on 0845 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. During the processing of the application regular discussions took place with the applicant to address any issues that occurred.

 

Any facilities for the storage of oils, fuels or chemicals shall be provided with secondary containment that is impermeable to both the oil, fuel or chemical and water, for example a bund, details of which shall be submitted to the local planning authority for approval. The minimum volume of the secondary containment should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank in the secondary containment the capacity of the containment should be at least the capacity of the largest tank plus 10% or 25% of the total tank capacity, whichever is greatest. All fill points, vents, gauges and sight gauge must be located within the secondary containment. The secondary containment shall have no opening used to drain the system. Associated above ground pipework should be protected from accidental damage. Below ground pipework should have no mechanical joints, except at inspection hatches and either leak detection equipment installed or regular leak checks. All fill points and tank vent pipe outlets should be detailed to discharge downwards into the bund.

 

The CLAIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Under the Code of Practice: o excavated materials that are recovered via a treatment operation can be re-used on-site providing they are treated to a standard such that they fit for purpose and unlikely to cause pollution o treated materials can be transferred between sites as part of a hub and cluster project o some naturally occurring clean material can be transferred directly between sites. 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. The Environment Agency recommends that developers should refer to: The Position statement on the Definition of Waste: Development Industry Code of Practice and; The Environmental regulations page on GOV.UK