Minutes:
Demolition of existing care home and construction of a 3-storey building to incorporate 22 flats providing supported accommodation, staff office, and communal hub, and the erection of 8 semi-detached dwellings including access, parking and turning.
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, parks and public open space enhancements, bus stop infrastructure, 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:
Design and Access Statement
Phase 1 Geo-Environmental Desk Study (GI Associates)
Existing Tree Survey Report (Paul Hicking Associates)
Drainage Strategy (BSP Consulting)
Flood Risk Statement (BSP Consulting)
Levels Strategy (BSP Consulting)
Swept Path Analysis (BSP Consulting)
Protected Species Survey (Paul Hicking Associates)
Emergence Survey (Thompson Ecology)
Technical Note (Thompson Ecology)
47492_T – Topographical Survey
2339-01 – Tree Survey and Root Protection Areas
2759/P 100 – Site Location Plan
2759/P 102D – Proposed Site Plan
2759/P 103 – Proposed Site Section
2759/P 200A – Plots 1-4
2759/P 201A – Plots 5-6
2759/P 202A – Plots 7-8
2759/P 203C GF Plans – Flats
2759/P 204C FF Plans – Flats
2759/P 205C SF Plans – Flats
2759/P 206B Elevations – Flats
3. Prior to occupation, details of the proposed arrangements and plan for future management and maintenance of the private road including associated drainage should be submitted to and approved in writing by the Local Planning Authority. The private road and drainage shall thereafter be maintained in accordance with the approved management and maintenance details, until such time that a private Management and Maintenance Company has been established.
4. The access into the site shall remain hard surfaced in a bound material. The surfaced drive shall then be maintained in such hard-bound material for the life of the development.
5. 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 LCDD-BSP-XX-XX-T-W-0001-P01_Drainage_Strategy, 25th October 2023, BSP Consulting., 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.
6. From the date of first occupation every property built on the site shall be provided with access to electric vehicle (EV) charge point(s) in line with Part S of the Building Regulations. 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.
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.
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. Prior to commencement of development, a Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.
10. 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.
11. Prior to the commencement of development, a scheme of landscaping showing the location, species and size of specimens to be planted shall be submitted to and approved in writing by the Local Planning Authority.
12. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) 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.
13. Prior to the commencement of development, the following shall be complied with:
A) 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.
B) 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.
14.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.
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 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.
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) To ensure that the road infrastructure is maintained to an appropriate standard in accordance with policy LPD61 of the Local Planning Document (2018).
4) To reduce the possibility of deleterious material being deposited on the public highway in the interest of highway safety in accordance with policy LPD61 of the Local Planning Document (2018).
5) 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.
6) 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.
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 protect the retained trees throughout the
development in accordance with policy LPD19 of the Local Planning
Document (2018).
10) To ensure that the character of the area is respected and to comply with policies ACS10 and LPD40.
11) 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)
12) 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)
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 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.
15) 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.
Informatives
In accordance with the requirements of Article 31 of the Town and Country Planning (Development Management Procedure) (England) (Order) 2015, 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.
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.
The submitted Tree Protection Plan and Arboricultrual Impact Assessment required by condition 10 shall detail include the following:
a) Location and installation of services/ utilities/ drainage.
b) Details of construction within the RPA or anything that may impact on the retained trees.
c) A full specification for the installation of boundary treatment works.
d) A full specification for the construction of any new roads, parking areas and driveways, including details of the no-dig specification and extent of the areas of the roads, parking areas and driveways to be constructed using a no-dig specification. Details shall include relevant sections through them.
e) Detailed levels and cross-sections to show that the raised levels of surfacing, where the installation of no-dig surfacing within Root Protection Areas is proposed, demonstrating that they can be accommodated where they meet with any adjacent building damp proof courses.
f) A specification for protective fencing to safeguard trees during both demolition and construction phases and a plan indicating the alignment of the protective fencing.
g) A specification for scaffolding and ground protection within tree protection zones.
h) Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area.
i) Details of site access, temporary parking, on site welfare facilities, loading, unloading and storage of equipment, materials, fuels and waste as well concrete mixing and use of fires
j) Boundary treatments within the RPA
k) Methodology and detailed assessment of root pruning
l) Arboricultural supervision and inspection by a suitably qualified tree specialist
m) Reporting of inspection and supervision
n) Methods to improve the rooting environment for retained and proposed trees and landscaping
Supporting documents: