Agenda item
Application no. 2024/0708 - Nottinghamshire Fire And Rescue Headquarters, Bestwood Lodge Drive
- Meeting of Planning Committee, Wednesday 12 February 2025 6.00 pm (Item 50.)
- View the declarations of interest for item 50.
- View the background to item 50.
Minutes:
Councillor Najuk re-joined the meeting.
Full planning application to demolish existing buildings and develop a new private residential therapy and treatment centre, together with associated infrastructure and landscaping.
Martin Preston - CEO of Delamere Health (The Applicant), spoke in support of the application.
The Principal Planning Officer provided an update in respect of the wording of conditions 5, 15, 20, 27, 30 and 32 the wording of which should be altered from ‘ no development should be commenced until certain further details are submitted to and approved in writing by the local planning authority’, to ‘no development other than demolition and remediation shall be commenced until certain further details are submitted’.
They added that an additional condition was recommended to secure a construction ecological management plan at the request of the Council’s Ecological Officer.
They concluded that there had been a late consultation response by The Environment Agency, who had requested that conditions be attached to the grant of any planning permission, not regarding flooding but regarding land contamination, and recommended that these conditions be attached should planning permission be granted.
They then went on to introduce the report.
RESOLVED:
To GRANT PLANNING PERMISSION subject to the signing of a Legal Agreement with the Borough Council as the Local Planning Authority and the County Council to secure Travel Plan monitoring and a local labour agreement, and the following updated 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 submitted documents;-
Existing Plans, received 18th November 2024
Proposed Elevation Plans, 23rd October 2024
Proposed Floor Plans, received 3rd October 2024
Proposed Site Plan, received 3rd October 2024
Site Location Plan, received 3rd October 2024
Application Form, received 3rd October 2024
Drawing no. PBLS-BSP-ZZ-ZZ-DR-D-0001 Rev P02, received 23rd January 2025
3 No above ground construction works shall commence until samples of the proposed external facing materials to be used in the construction of the development have been submitted to, and approved in writing by, the Local Planning Authority and the development shall only be undertaken in accordance with the materials so approved and shall be retained as such thereafter.
4 The development shall not be occupied until a detailed scheme for the boundary treatment of the site, including position, design and materials, and to include all boundaries, cycle storage area and bin storage area, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before the development is first brought into use.
5 No development (other than demolition and remediation) shall be commenced until full details of hard landscape works have been submitted to and approved in writing by the local planning authority. The scheme as approved shall be carried prior to the first occupation of the development.
6 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 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 175.
? 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.
? Details of the proposed Swales and Soakaways are required prior to the discharge of condition stage.
7 From 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. A minimum of three (3) active chargepoints and, cable routes installed to at least one-fifth of the remaining 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.
8 No part of the development hereby permitted shall be brought into use until the cycle parking store as indicated on the submitted site plan, has been provided and that area shall not thereafter be used for any purpose other than the parking of cycles.
9 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. The CEMP should include detailed plans for all relevant mitigation recommendations set out within the EcIA report. All works on site shall be undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Local Planning Authority.
10 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.
11 The Biodiversity Gain Plan shall be prepared in accordance with the Ecological Impact Assessment, received 3rd October 2024 and the BNG Metric, received by the Local Planning Authority 3rd October 2024.
12 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.
13 Notice in writing shall be given to the Council when the:
(a) HMMP has been implemented; and
(b) habitat creation and enhancement works as set out in the HMMP have been completed.
14 Monitoring reports shall be submitted to and approved in writing by local planning authority in accordance with the methodology and frequency specified in the approved HMMP.
15 a) Development (other than demolition) must not commence until the following has been complied with:
Site Characterisation
An assessment of the nature and extent of any potential contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include; a survey of the extent, scale and nature of contamination and; an assessment of the potential risks to: human health, property, adjoining land, controlled waters, ecological systems, archaeological sites and ancient monuments.
Submission of Remediation Scheme
Where required, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) should be 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.
b) In the event that remediation is required to render the development suitable for use, the agreed remediation scheme shall be implemented in accordance with the approved timetable of works. 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.
c) 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.
16 No development shall commence until a Waste Audit 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. Specific guidance on what should be covered within a waste audit is provided within paragraph 049 of the National Planning Practice Guidance.
17 Development shall not commence until a pre-commencement badger survey has been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be undertaken in accordance with the approved details.
18 Development shall not commence until precise details of wildlife friendly lighting both during and post-development have been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be carried out in accordance with the approved details.
19 If protected species are encountered during development then works should halt, the scheme ecologist should be consulted and the Local Planning Authority informed. Works should not re-commence until any required mitigation measures to ensure no adverse impact to that species have been submitted to the Local Planning Authority and approved in writing. Development shall then re-commence in accordance with the approved details.
20 Development (other than demolition and remediation) shall not commence until an ecological enhancement plan, including enhancement recommendations made within the EcIA report, such as installation of a variety of bat and bird boxes on retained site trees within the site 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.
21 All retained trees, and hedges must be protected in accordance with the submitted tree survey and implemented before and during construction phases.
22 If the tree protection fencing layout is altered from what is shown within the Tree Protection Plan - site location plan Tree Protection Plan RSE_8329_TPP then the Council’s Arboricultural Officer must be notified and must agree in writing to any such alterations prior to any works being carried out within the root protection area of retained trees. Development shall thereafter be carried out in accordance with the approved details.
23 No development shall take place until a date for the Council’s Arboricultural Officer to inspect the installed tree protection fencing in accordance with tree survey as part of the pre-development preparations has been agreed in writing by the Local Planning Authority.
24 Any structures built on the site should comply with current building regulations and NHBC Chapter 4.2 - Building near Trees (2022) 6. Foundation depths for buildings near or adjacent to trees should consider the potential size of the trees at maturity and their subsequent water demand. The soil types throughout the site should be fully investigated and appropriate measures taken. If trees are removed across the site, the potential for soil heave should be assessed and foundations designed accordingly.
25 No development shall be commenced until the following details have been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be carried out in accordance with the approved details.
1. a scaled plan showing all existing vegetation and landscape features to be retained and trees and plants to be planted
2. a schedule detailing sizes and numbers/densities of all proposed trees/plants
3. specifications for operations associated with plant establishment and maintenance that are compliant with best practise
4. a written five-year maintenance programme following planting. Any new tree(s) that die(s), are/is removed or become(s) severely damaged or diseased shall be replaced and any new planting (other than trees) which dies, is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Replacement planting shall be in accordance with the approved details.
26 There shall be no excavation or raising or lowering of levels within the prescribed root protection area of retained trees.
27 Development shall not commence (other than demolition and remediation) until precise details of the following have been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be carried out in accordance with the approved details.
Samples and details of the finish of all lighting
Parking delineation
Details of the cycle store
Details of the external pavilion
Location and details of any plant required
28 The proposed development hereby permitted shall not be brought into use 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.
29 The proposed development hereby permitted shall not be brought into use until the highway works as shown on drawing number PBLS-BSP-ZZ-ZZ-DR-D-0001 Rev P02, received by the Local Planning Authority, 23rd January 2025, have been provided.
30 No part of the development shall be commenced (other than demolition and remediation) until details of the existing and proposed ground and finished floor levels of the site and approved building[s] have been submitted to and approved in writing by the local planning authority. The development shall be carried out thereafter in accordance with the approved details.
31 No development (other than demolition and remediation) shall be commenced until a Construction Ecological Management Plan to protect retained habitats and protected or priority species during the planned works has been submitted to and agreed in writing by the Local Planning Authority. The CEMP should include detailed plans for all relevant mitigation recommendations set out within the EcIA report. Development shall thereafter commence in accordance with the approved details.
32 No drainage systems for the infiltration of surface water to the ground are permitted unless precise details have been submitted to and agreed in writing by the Local Planning Authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall thereafter be carried out in accordance with the approved details.
33 No piling or any other foundation designs using penetrative methods shall be carried out unless precise details have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. A site-specific piling risk assessment must be provided for review and approval by LPA / EA prior to commencing piling activities on the site.
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 interests of visual amenity and heritage.
4 In the interests of visual amenity and heritage.
5 In the interests of visual amenity and heritage.
6 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.
7 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.
8 To ensure that adequate cycle provision has been provided.
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 and in the interest of biodiversity.
10 To ensure that 10% BNG is achieved at the site in accordance withThe Environment Act (2021) – Biodiversity Net Gain and Schedule 7A of the Town and Country Planning Act 1990 (as amended).
13 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).
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 the development is safe and suitable for use, thereby taking into consideration the National Planning Policy Framework and Policy LPD7 of the Councils Local Plan.
16 To minimise the creation of waste.
17 In the interests of biodiversity and in order to comply with Policies ACS17 LPD18.
18 In the interests of biodiversity and in order to comply with Policies ACS17 LPD18.
19 In the interests of biodiversity and in order to comply with Policies ACS17 LPD18.
20 In the interests of biodiversity and in order to comply with Policies ACS17 LPD18.
21 In the interests of visual amenity and biodiversity.
22 In the interests of visual amenity and biodiversity.
23 In the interests of visual amenity and biodiversity.
24 In the interests of visual amenity and biodiversity.
25 In the interests of visual amenity and biodiversity.
26 In the interests of visual amenity and biodiversity.
27 In the interests of visual amenity and heritage.
28 To promote sustainable travel.
29 To promote sustainable travel, in the general interest of highway safety.
30 In the interests of visual amenity and in order to preserve the openness of the Green Belt.
31 In the interests of biodiversity and in order to comply with Policies ACS17 LPD18.
32 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.
33 To ensure that any proposed penetrative foundation solutions do not harm groundwater resources in line with paragraph 180 of the National Planning Policy.
Informatives
1 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.
2 An informative should be added advising the applicant that any new signage may require advertisement consent.
3 The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2023). Negotiations have taken place during the determination of the application to address adverse impacts identified by officers. Amendments have subsequently been made to the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.
4 With regards to condition 10, the biodiversity gain plan must include :
(a) information about the steps taken or to be taken to minimise the
(b) adverse effect of the development on the biodiversity of the onsite habitat and any other habitat;
(b) the pre-development biodiversity value of the onsite habitat;
(c) the post-development biodiversity value of the onsite habitat;
(d) any registered offsite biodiversity gain allocated to the development and the biodiversity and the biodiversity value of that gain in relation to the development;
(e) any biodiversity credits purchased for the development; and
(f) any such other matters as the Secretary of State may by regulations specify.
(g) timings for implementation
5 With regards to condition 7, 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
6 A claim for a bridleway has been made along the track that the applicant proposes to use for access. The applicant is strongly advised to contact countryside.access@nottscc.gov.uk for further information regarding the status of the claim and the impact that this may have on the proposal. If the claim for a bridleway is successful, this will need to be accommodated within the development.
7 It is recommended that the Secured by Design standard is adopted as part of this property redevelopment. Nottinghamshire Police Designing Out Crime Officers will be available to provide ongoing guidance to the developer in the adoption of the SBD standards, Further information can be found at;-
https://www.securedbydesign.com/images/COMMERCIAL_GUIDE_2023_v4.pdf
8 The developer is encouraged to consider site security during construction and review the relevant guide;-
https://www.securedbydesign.com/images/CONSTRUCTION_SITE_SECURITY_GUIDE_A4_8pp.pdf
9 The proposed development lies within an area that has been defined by the Mining Remediation Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place.
Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at:
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property
What is a permit and how to get one? - GOV.UK (www.gov.uk)
In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.
If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here – https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements
If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority - GOV.UK
10 There may be a gas pipeline close to the site. The applicant is advised to contact Cadent Gas for further information.
Supporting documents:
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