Agenda item

Erection of a 51 no. apartment retirement living development (use Class C3), landscaping, car parking and all associated works.

 

James Hanna of McCarthy Stone, the applicant, spoke in support of the application.

 

The Principal Planning Officer introduced the report.

 

RESOLVED:

 

To Grant Planning Permission: Subject to the conditions listed for the reasons set out in the report:

 

Conditions

 

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

 

2.          The development authorised by this permission shall be carried out in complete accordance with the approved drawings and report specification listed below:

 

Plan Ref:  22024-1000 P2 – location plan received 11.10.2023

Plan Ref:  22024-1002 P2 – proposed site plan received 18.09.2023

Plan Ref:  22024-1007 P2 – boundary treatment received 18.09.2023

Plan Ref:  22024-1010 P1 – GF plan received 18.09.2023

Plan Ref:  22024-1012 P1 - roof plan received 18.09.2023

Plan Ref:  22024-1013 P1 – close boarded fence details received 18.09.2023

Plan Ref:  22024-2000 P2 – south & east elevations received 18.09.2023

Plan Ref:  22024-2001 P2 – north & west elevations received 18.09.2023

Plan Ref:  22024-2010 P2 - streetscene received 18.09.2023

Plan Ref:  22024-3000 P2 – site sections received 18.09.2023

Plan Ref:  22024-3010 P2 – daylight review received 18.09.2023

Plan Ref:  R-2684-1C – landscape masterplan received 18.09.2023

Plan Ref: 29688/104 Rev B – Proposed Kerbing Layout received 18.09.2023

Design and Access statement dated June 2023, received 15.09.2023

Phase I and II Site Appraisal ReF:  MRN-PPC-00-XX-R-G-0002 received 15.09.2023

Air Quality Assessment Ref:  R6140-R1-V3 received 18.09.2023

Preliminary Ecological Appraisal – Ref:  RT-MME-158919-03 Rev B received 18.09.2023

Flood Risk & Drainage Impact Assessment – Ref:  29688/DIA/WOB Rev 02 received 18.09.2023

 

3.          No apartment hereby approved shall be occupied until such time as all car parking, turning and servicing areas are provided in accordance with the approved plans. The parking, turning and servicing areas shall not be used for any purpose other than parking, turning, loading and unloading of vehicles, and shall thereafter be retained for the life of the development.

 

4.          Prior to the date of first occupation the development shall be provided with access to electric vehicle (EV) charge point(s) in line with Part S of the Building Regulations and as detailed on Plan Ref:  22024-1002 P2 – proposed site plan received 18.09.2023.  A minimum of two active charge points and, cable routes installed to at least one-fifth of the total number of parking spaces. 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 site users.  They shall be thereafter maintained in the location as approved for the lifetime of the development.

 

5.          The development hereby approved shall be undertaken in accordance with the submitted Flood Risk & Drainage Impact Assessment – Ref:  29688/DIA/WOB Rev 02 received 18.09.2023.

 

6.          Prior to the commencement of development hereby approved details of a Local Labour Agreement in relation to the construction phase of the development, and job creation once operational, shall be submitted to and approved in writing by the Local Planning Authority. The local labour agreement shall be implemented in accordance with the approved details thereafter.

 

7.          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.

8.          No development shall commence until such time as a Waste Audit has been submitted and approved in writing by the Local Planning Authority, which shall demonstrate in both construction and operational phases of a proposed development, waste will be minimised as far as possible and that such waste as is generated will be managed in an appropriate manner in accordance with the Waste Hierarchy. In particular, the waste audit could cover the following:

a.         the anticipated nature and volumes of waste that the development will generate;

b.         where appropriate, the steps to be taken to ensure the maximum amount of waste arising from development on previously developed land is incorporated within the new development;

c.          the steps to be taken to ensure effective segregation of wastes at source including, as appropriate, the provision of waste sorting, storage, recovery and recycling facilities; and

d.         any other steps to be taken to manage the waste that cannot be incorporated within the new development or that arises once development is complete

 

Thereafter, development shall proceed in accordance with the approved Waste Audit.

 

9.          The approved landscaping as detailed on the Soft Landscape Proposals (Plan Ref:  R-2684-1C – landscape masterplan received 18.09.2023 shall be carried out in the first planting season following the first occupation of the development.  If within a period of five years beginning with the date of the planting of any tree, hedge, shrub or seeded area, that tree, shrub, hedge or seeded area, or any tree, hedge, shrub or seeded area that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree, shrub or seeded area of the same species and size as that originally planted shall be planted at the same place.

 

10. The materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

11. Notwithstanding submitted details, prior to the use commencing, an updated Travel Plan shall be submitted to and approved in writing by the Local Planning Authority.  Development shall thereafter comply with the updated Travel Plan as approved.

 

12. Each Unit of the development hereby permitted shall be occupied only by:

a) at least one person over the age of 60 years;

b) persons living as part of a single household with such a person or persons;

c) persons who where living in the unit as part of a single household with such a person or persons who have since died.

 

13. Development shall not commence until a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) is submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. The agreed remediation scheme shall be implemented in accordance with the approved timetable of works. 

 

14. Prior to occupation of any building(s) a Verification Report (that demonstrates the effectiveness of the remediation carried out) must be submitted and approved in writing by the Local Planning Authority.

 

15. 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 good practice 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.

16. The development hereby permitted must not be occupied or first brought into use until full details and timings of the biodiversity enhancements and protection measures as set out in the submitted Preliminary Ecological Appraisal – Ref:  RT-MME-158919-03 Rev B received 18.09.2023 have been implemented. Thereafter, the approved biodiversity improvements must be retained and be appropriately maintained on the site throughout the lifetime of the development.

 

 

Reasons

 

1)    To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004.

 

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

 

3)    In the interest of highway safety and to comply with policy LPD61.

 

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

 

5)    To reduce the risk of flooding to the proposed development and future occupants and to comply with policy LPD4.

 

6)    To seek to ensure that the construction of the site employs wherever possible local people ad assists economic growth in the area and to accord with Policy LPD 48.

 

7)    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.

 

8)    To accord with Policy WCS2 ‘Waste awareness, prevention and re-use’ of the Waste Core Strategy and paragraph 049 of the Planning Practice Guidance.

 

9)    To ensure a satisfactory form of development and appropriate landscaping of the site and to comply policy LPD19.

 

10) To ensure that the character of the area is respected and to comply with policies ASC10 and LPD26.

 

11) To ensure that the development encourages forms of travel other than the private motor vehicle and to comply with guidance within the NPPF.

 

12)In order to support the considerations of the viability assessment which effectively reduced the level of financial obligations required from this development based on the demographic of the proposed occupiers and given the lower level of parking provided, and subsequently to prevent the sale of these units on the open market to any individual and to comply with policies LPD36, LPD37 and LPD57.

 

13) To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 189 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

14) To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 189 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

15) To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 189 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

16) To ensure the development contributes to the enhancement of biodiversity on the site having regard to Policy 18 - Protecting and Enhancing Biodiversity of the adopted Local Plan and Chapter 15 (Conserving and enhancing the natural environment) of the National Planning Policy Framework (2023).

 

 

Informatives

In accordance with the requirements of Article 31 of the Town and Country Planning (Development Management Procedure) (England) (Order) 2010, as amended, and the National Planning Policy Framework 2023, the Council has worked in a positive and proactive way in determining the application and has granted planning permission.

 

Works to the public highway are subject to the approval of the Highway Authority. For the new accesses works to be carried out to the satisfaction of the Highway Authority, you should contact Via (in partnership with Nottinghamshire County Council) on 0300 500 8080 or at Licences@viaem.co.uk to arrange for these works to take place.

 

The applicants should consult Severn Trent Water Limited who should be satisfied that the sewerage and sewage disposal systems serving the development have sufficient capacity to accommodate additional flows, generated as a result of the development, without causing pollution.

 

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

 

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) and The Electric Vehicles (Smart Charge Points) Regulations 2021.