Agenda item

                                                                        Councillor Najuk left the meeting.

 

Demolition of existing buildings and erection of a 51 no. apartment retirement living development (Use Class C3), landscaping, car parking and associated works.

 

Carole Ball, a local resident, spoke against the application.

 

Matthew Serginson, Development Director of McCarthy & Stone Retirement Lifestyle Ltd (The Applicant), spoke in support of the application.

 

The Development Manager introduced the report.

 

RESOLVED to:

 

Grant Planning Permission:  Subject to the owner(s) entering into a planning obligation secured through a Section 106 legal agreement with the Borough Council as the Local Planning Authority and the County Council to secure an affordable housing contribution, a contribution towards bus stop infrastructure and travel plan monitoring, a healthcare contribution and a Local Labour Agreement; and the conditions listed for the reasons set out within 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:

 

0100 P03 – Site Location Plan
0101 P02 – Existing Site Plan
0102 P08 – Proposed Site Plan
0104 P03 – Ground Floor Plan
0105 P02 – Upper Floors Plan
0106 P02 – Roof Plan
0107 P05 – Boundary Treatment Plan
0108 P02 – Buggy and Bin Store
0120 P06 – North and West Elevations
0121 P04 – South and East Elevations
0122 P06 – Streetscenes
0130 P04 – Site Sections
0140 P03 - Design and Access Statement

Existing Drainage Plan P01
Existing Impermeable Area Plan P01
Proposed Foul Water Drainage Plan P02
Proposed Surface Water Drainage Plan P02
Proposed Impermeable Area Plan P02
Proposed Cut and Fill Layout P01
Proposed Levels Layout P04
R/2778/1B – Landscape Masterplan
Site Access Plan P05
Swept Path Plan P04

Travel Plan (pb associates, 2024)
Air Quality Assessment (NoiseAir, 2024)
Arboricultural Impact Assessment Middlemarch, 2024)
Arboricultural Method Statement (Middlemarch, 2024)
Biodiversity Statement and Metric assessment (Middlemarch, 2024)
Preliminary Ecological Appraisal (Middlemarch, 2024)
Energy Statement (Focus, 2024)
Flood Risk and Drainage Impact Assessment (GGP Consult, 2024)
Phase I Site Appraisal (Patrick Parsons, 2024)
Phase II Site Appraisal (Patrick Parsons, 2024)
Preliminary Arboricultural Assessment (Middlemarch, 2024)
Preliminary Bat Roost Assessment (Middlemarch, 2024)
Transport Statement (pb associates, 2024)
Planning Statement (Planning Potential 2024)
Preliminary Bat Roost Assessment, Ground Level Tree Assessment and Aerial Inspection Survey (Rev A) (Middlemarch, 2024)

 

3.          Occupation of the proposed development shall not take place until the parking layout as shown for indicative purposes on drawing EVS2964-BSA-ARC-00-DR-A-0102 has been provided. The parking layout shall be maintained in accordance with the approved details for the lifetime of the development.

 

4.          Occupation of the proposed development shall not take place until the existing site access has been permanently closed and the crossing has been reinstated to footway with full height kerbs.

 

5.          Occupation of the proposed development shall not take place until the site access is fronted by a dropped kerb vehicular crossing.

 

6.          Occupation of the proposed development shall not take place until the site access has been constructed with provision to prevent the discharge of surface water from the access to the public highway. The provision to prevent the discharge of surface water from the access to the public highway shall be retained for the lifetime of the development.

 

7.    No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

·       the parking of vehicles of site operatives and visitors

·       loading and unloading of plant and materials

·       storage of plant and materials used in constructing the development

·       the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

·       wheel washing facilities

·       measures to control the emission of dust and dirt during construction

·       a scheme for recycling/disposing of waste resulting from demolition and construction works

 

8.          No part of the development hereby permitted shall be occupied until a Travel Plan 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.

 

9.          Prior to first occupation the agreed eleven (11) EV charging points should be operational and available for residents and staff. 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 new residents in their new home welcome pack / travel planning advice.

 

10.      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.

 

11. Unless otherwise agreed by the Local Planning Authority, development must 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. 

12.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.

 

13. 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.

 

14. Development may not be begun unless:

a)    a biodiversity gain plan has been submitted to the planning authority; and

b)    The planning authority has approved the plan.

Development shall thereafter be carried out in accordance with the approved biodiversity gain plan, in accordance with the timings agreed by the biodiversity gain plan.

 

15. The development shall not commence until a Habitat Management and Monitoring Plan (the HMMP), prepared in accordance with the approved Biodiversity Gain Plan and including:

a)      a non-technical summary;

b)      the roles and responsibilities of the people or organisation(s) delivering the HMMP;

c)      the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

d)      the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and

e)      the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority,

has been submitted to, and approved in writing by, the Local Planning Authority. Development shall thereafter be carried out in accordance with the approved details.

 

16.The development hereby approved shall be carried out in strict accordance with the recommendations set out in the Preliminary Ecological Appraisal (PEA) report (Middlemarch, 2024a), recommendations R3-R6 within the Preliminary Bat Roost Assessment report – Rev A (Middlemarch, 2024b), and the mitigation strategy and recommendations within the Bat Surveys & Mitigation Strategy report(Middlemarch, 2024c).

17. Prior to the commencement of development, in accordance with the recommendations of the submitted Preliminary Ecological Appraisal (Middlemarch, 2024) a Construction Ecological Management Plan shall be submitted to and approved in writing by the Local Planning Authority, the development shall be carried out in accordance with the approved details thereafter.

 

18. Prior to the commencement of development, in accordance with the recommendations of the submitted Preliminary Ecological Appraisal (Middlemarch, 2024) a Landscape and Ecology Management Plan shall be submitted to and approved in writing by the Local Planning Authority, the development shall be carried out in accordance with the approved details thereafter.

 

19. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first use of the site or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

20. 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 30097/DIA/WOB 19th July 2014, GGP Consult, 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.

o    No surcharge shown in a 1 in 1 year.

o    No flooding shown in a 1 in 30 year.

o    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.

 

 

21. 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.

 

22. 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.

 

23.Samples of all materials to be used in the construction of the external surfaces of the proposed development shall be submitted to and approved in writing by the Local Planning Authority before any work to any external surface is carried out. The development shall thereafter be constructed in accordance with the approved details.

24.The development hereby approved shall be carried out in accordance with the recommendations set out in the part 3 of the submitted Arboricultural Method Statement (Middlemarch, 2024).

 

25.        Prior to demolition of the existing building on site details of a programme of historic building recording (including elevations, floor plans and internal features in the form of measured drawings and photographs and any relevant elements of architectural/historical analysis) shall first be submitted to and approved in writing by the local planning authority. Recording shall thereafter be carried out prior to the demolition, in accordance with the approved details. The recording shall be presented in format as agreed in the approved programme, and a copy lodged with the Local Planning Authority and Nottinghamshire Historic Environment Record.

 

 

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 in accordance with policy LPD61.

 

4)    In the interest of highway safety in accordance with policy LPD61.

5)    To ensure drivers can cross the footway in a safe and controlled manner in accordance with policy LPD61.

 

6)    In the interest of highway safety in accordance with policy LPD61.

 

7)    In the interest of highway safety in accordance with policy LPD61.

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

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 of the Councils Local Plan.

 

10) 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.

 

11) To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 196 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

 

12) To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 196 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

 

13) To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 196 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

14) To ensure that 10% BNG is achieved at the site in accordance with The Environment Act (2021) - Biodiversity Net Gain and Schedule 7A of the Town and Country Planning Act 1990 (as amended).

 

15) To ensure that 10% BNG is achieved at the site in accordance with The Environment Act (2021) - Biodiversity Net Gain and Schedule 7A of the Town and Country Planning Act 1990 (as amended).

 

16) In the interest of preserving protected habitats and species in accordance with policy LPD18 of the Local Planning Document (2018).

 

17)In the interest of preserving biodiversity in accordance with policy LPD18 of the Local Planning Document (2018).

18) In the interest of preserving biodiversity in accordance with policy LPD18 of the Local Planning Document (2018).

 

19) To ensure a satisfactory standard of landscaping in the interests of amenity in accordance with policy 10 of the Aligned Core Strategy LPD19 of the Local Planning Document (2018)

 

20)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.

 

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

22) 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.

 

23) To ensure that the character of the area is respected and to comply with policies ACS10 and LPD40.

 

24) To protect the retained trees throughout the development in accordance with policy LPD19 of the Local Planning Document (2018).

 

25) To ensure and safeguard the recording and inspection of matters of archaeological and historical importance associated with the building, in accordance with Policy LPD 26 and 31

 

 

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 2024, the Council has worked in a positive and proactive way in determining the application and has granted planning permission.

 

The development makes it necessary to construct/reinstate a vehicular crossing of 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 are required to obtain a licence. Please contact licences@viaem.co.uk for further details.

 

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.

 

Please note that this grant of planning permission does not override the need to comply with the Wildlife and Countryside Act or need to ensure protected species are not detrimentally impacted.