Agenda item

The erection of industrial and warehouse units (Use Classes E(g)(iii), B2 and B8) together with access and servicing arrangements, parking, landscaping, boundary fencing and associated works.

 

George Dickens of Chancery Gate, the applicant, spoke in support of the application.

 

The Development Manager informed members of a proposed amendment to condition 7 of the report, in relation to the relocation of the bus stop and in terms of its timing, as follows:

 

“The proposed industrial units shall not be brought into use until an application has been submitted to Nottinghamshire County for bus-stop GEO336 to be re-located, as shown on drawing 21068-602 P05”.

 

He then went on to introduce the report.

 

Members resolved to add an additional condition in respect of security for the site when it was not in operation, through the submission and approval of a ‘site management plan’.  Based on Members’ observations, The Development Manager provided the wording for an additional condition 19 and the associated reason, as follows:

 

Condition 19 - “Prior to the occupation of buildings hereby permitted a 'site management plan' identifying means of security for the site shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter, the approved site management plan shall be adhered to”.

 

Reason – “To ensure the site is secure and does not encourage anti-social behaviour and to comply with guidance within the NPPF”.

 

 

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 drawings:

 

- Unit 19 Site Access Junction Visibility - J32-5783-PS-103 - Revision B;

- Internal Vehicle Tracking 16.5M Max Legal - J32-5783-PS-113;

- Road No.1 Site Access Junction Visibility - J32-5783-PS-101 - Revision B;

- Planning Layout - North - 853.19.08 Revision A;

- Planting Layout - South - 853.29.09 Revision A;

- Proposed Site Plan - 21068-302 P-05;

- Unit 19 - Proposed Elevations - 21068-0721 P-03;

- Units 1-6 - Proposed Elevations - 21068-0321 P-03;

- Units 7-11 - Proposed Elevations - 21068-0421 P-03;

- Units 12-15 - Proposed Elevations - 21068-0521 P-03;

- Units 16-18 - Proposed Elevations - 21068-0621 P-03;

- Units 1-6 - Proposed Floor Plans - 21068-0310 P-03;

- Proposed Cycle Storage - 21068-305 P-01;

- Unit 19 - Proposed Roof Plan - 21068-0711 P-03;

- Units 16-18 - Proposed Roof Plan - 21068-0611 P-03;

- Unit 19 - Proposed Sections - 21068-0731 P-03;

- Location Plan - 21068-0300 P-01;

- Units 7-11 - Proposed Floor Plans - 21068-0410 P-03;

- Units 12-15 - Proposed Floor Plans - 21068-0510 P-03;

- Units 16-18 - Proposed Floor Plans - 21068-0610 P-03;

- Unit 19 - Proposed Floor Plan - 21068-0710 P-03;

- Units 1-6 - Proposed Roof Plan - 21068-0311 P-03;

- Units 7-11 - Proposed Roof Plan - 21068-0411 P-03;

- Units 12-15 - Proposed Roof Plan - 21068-0511 P-03;

- Units 1-6 - Proposed GA Sections - 21068-0331 P-03;

- Units 7-11 - Proposed GA Sections - 21068-0431 P-03;

- Units 12-15 - Proposed Sections - 21068-0531 P-03;

- Units 16-18 - Proposed Sections - 21068-0631 P-03; and

- Proposed Site Sections - 21068-900 P-00.

 

 3       The proposed industrial units shall not be brought into use until the parking/turning/servicing areas as shown on drawing 21068-302 P05 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.

 

 4       The proposed industrial units shall not be brought into use until the vehicular access points as shown on drawing 21068-302 P05 have been provided to the satisfaction of the Highway Authority.

 

 5       The proposed industrial units shall not be brought into use until the redundant vehicular crossing serving the site on Road No.1 has been permanently closed and reinstated to verge/footway to the satisfaction of the Highway Authority.

 

 6       The proposed industrial units shall not be brought into use until the site access arrangements have been constructed with provision to prevent the discharge of surface water from the access points to the public highway. The provision to prevent the discharge of surface water from the access points shall be retained for the lifetime of the development.

 

 7       The proposed industrial units shall not be brought into use until bus-stop GEO336 as shown on drawing 21068-602 P05 has been provided.

 

 8       The development shall be carried out in accordance with the submitted flood risk assessment (ref 21-034-CHA Road No.3, Colwick, dated 21st December 2023) 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 on site and a safe access route (as per drawing document SK010-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.

 

 9       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.

 

10       If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.

 

11       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.

 

12       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.

 

13       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 a minimum of twenty three (23) Electric Vehicle Recharging Points (active); with infrastructure installed for Units 1-17 to benefit each from an extra point in future years (passive).The Electric Vehicle Recharging Points shall be in a prominent position on the site and 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.

 

14       The development hereby permitted shall be undertaken in strict accordance with the protection measures set out in the submitted Arboricultural Implications Report dated January 2024.

 

15       No part of the development hereby approved shall commence until a detailed surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy 21-034- CHA Road No.3, Colwick, 21st December 2023, I and L Consulting Ltd., has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development. The scheme to be submitted shall:- Demonstrate that the development will use SuDS throughout the site as a primary means of surface water management and that design is in accordance with CIRIA C753 and NPPF Paragraph 169.- Limit the discharge generated by all rainfall events up to the 100 year plus 40% (climate change) critical rain storm to QBar rates for the developable area.- Provide detailed design (plans, network details, calculations and supporting summary documentation) in support of any surface water drainage scheme, including details on any attenuation system, the outfall arrangements and any private drainage assets. Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 30 year and 1 in 100 year plus climate change return periods.- No surcharge shown in a 1 in 1 year.- No flooding shown in a 1 in 30 year.- For all exceedance to be contained within the site boundary without flooding properties in a 100 year plus 40% storm.- Evidence to demonstrate the viability (e.g Condition, Capacity and positive onward connection) of any receiving watercourse to accept and convey all surface water from the site.- Details of STW approval for connections to existing network and any adoption of site drainage infrastructure.- Evidence of approval for drainage infrastructure crossing third party land where applicable.- Provide a surface water management plan demonstrating how surface water flows will be managed during construction to ensure no increase in flood risk off site.- Evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development to ensure long term effectiveness.

 

16       The development shall be carried out in accordance with the Local Labour Agreement dated January 2024; received by the Local Planning Authority on 9 February 2024.

 

17       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.

 

18       The development hereby approved shall be carried out using materials as set out in the submitted materials schedule.

 

19.      Prior to the occupation of buildings hereby permitted a 'site management plan' identifying means of security for the site shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter, the approved site management plan shall be adhered to.

 

 

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 highway safety in accordance with Policy LPD 61 of the Gedling Local Planning Document 2018.

 

 4       In the interest of highway safety in accordance with Policy LPD 61 of the Gedling Local Planning Document 2018.

 

 5       In the interest of highway safety in accordance with Policy LPD 61 of the Gedling Local Planning Document 2018.

 

 6       In the interest of highway safety in accordance with Policy LPD 61 of the Gedling Local Planning Document 2018.

 

 7       To promote sustainable travel.

 

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

 

 9       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 180 of the NPPF.

 

10       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 from previously unidentified contamination sources at the development site. This is in line with paragraph 180 of the NPPF.

 

11       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 180 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".

 

12       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 180 of the NPPF.

 

13       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.

 

14       To ensure that there is no unacceptable adverse impact on trees as a result of the development hereby permitted.

 

15       A detailed surface water management plan is required to ensure that the development is in accordance with NPPF and local planning policies. It should be ensured that all major developments have sufficient surface water management, are not at increased risk of flooding and do not increase flood risk off-site.

 

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

 

17       To ensure that the character of the area is respected and to comply with policies LPD18 and LPD19.

 

18       In the interests of visual amenity and in accordance with Policy 10 of the Aligned Core Strategy and Policy 43 of the Gedling Local Planning Document 2018.

 

19       To ensure the site is secure and does not encourage anti-social behaviour and to comply with guidance within the NPPF.

 

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.

 

Notes to Applicant

 

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 and that payment has been made to compensate for the loss of the Highway Trees prior to works commencing.

 

We recommend that consideration is given to the issues below. Where necessary, the advice of relevant experts should be sought.

Adequacy of rescue or evacuation arrangements

Details and adequacy of an emergency plan.   

Provision of and adequacy of a temporary refuge.      

Details and adequacy of flood proofing and other building level resistance and resilience measures. We strongly recommend that the LPA ensures that the resilience measures proposed are adequate in protecting the units to at least 300mm above the breach height of 22.28mAOD.

Details and calculations relating to the structural stability of buildings during a flood

Whether insurance can be gained or not

Provision of an adequate means of surface water disposal such that flood risk on and off-site isn't increased

 

In making our response, we have considered the risks posed to controlled waters.

 

The Local Authority's Environmental Health Officer must be contacted with regards to other risks, such as those posed to human health.  This is particularly relevant given that the risk assessment reports were written with different planning proposals in mind.

 

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 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.