Agenda item

Change of use from dance school and offices to 11 flats including external alterations.

 

Dr James Kitchin of the Trentside Medical Group, an adjoining business, spoke against the application.

 

The Development Manager 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 herby permitted shall commence before the expiration of 3 years from the date of this permission.

 

 2       This permission shall be undertaken in accordance with the submitted application form and following list of approved drawings:

 

2504(08)003 Rev.B – proposed plans and elevations

2504(08)004 Rev.A – proposed block site plan

 

 3       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.

 

4        Prior to the occupation of the development hereby permitted, the parking shown on plan: 2504(08)004 Rev.A shall be provided and shall be retained thereafter in perpetuity.

 

5        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.

 

6        Prior to the commencement of development a Local Labour Agreement (LLA) shall be submitted to and approved in writing by the Local Planning Authority.  Development shall thereafter be completed in accordance with the approved LLA.

 

7        Prior to the change of use occurring, details of the cycle and bin storage shall be submitted to and approved in writing by the Local Planning Authority.  Development shall thereafter commence in accordance with the details as approved.

 

Reasons

 

 1       To comply with the requirements of Section 91(1) of the Town and Country Planning Act 1990 (as amended).

 

 2       For the avoidance of doubt.

 

 

3        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.

 

4        To ensure that there is sufficient parking provision for the development, in accordance with Policy LPD 57 of the Gedling Local Planning Document 2018.

 

5        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.

 

6        To comply with policy LPD48.

 

7        To ensure that the character of the area is respected and to comply with policy ASC10.

 

Notes to Applicant

 

The Borough Council has worked positively and proactively with the applicant in accordance with the National Planning Policy Framework.

 

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 at www.gedling.gov.uk.  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 gross internal area of new build is less 100 square metres

 

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.

 

Biodiversity Net Gain The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for development of land in England is deemed to have been granted subject to the condition (biodiversity gain condition) that development may not begin unless:(a) a Biodiversity Gain Plan has been submitted to the planning authority, and(b) the planning authority has approved the plan. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan, if one is required in respect of this permission would be Gedling Borough Council. There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below. Based on the information available this permission is considered to be one which will not require the approval of a biodiversity gain plan before development is begun because one or more of the statutory exemptions or transitional arrangements in the list below is considered to apply. The development impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

 

Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.

1. The application for planning permission was made before 12 February 2024.

2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.

3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and (i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024; or(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.

4. The permission which has been granted is for development which is exempt being: 4.1  Development which is not 'major development' (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:

i)        the application for planning permission was made before 2 April 2024; 

ii)        planning permission is granted which has effect before 2 April 2024; or

iii)       planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).

4.2  Development below the de minimis threshold, meaning development which:

i)        does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and

ii)        impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

4.3      Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.

4.4      Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).

4.5        Self and Custom Build Development, meaning development which:

i)        consists of no more than 9 dwellings;

ii)        is carried out on a site which has an area no larger than 0.5 hectares; and

iii)       consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).

4.6   Development forming part of, or ancillary to, the high speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.* "original planning permission means the permission to which the section 73 planning permission relates" means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.

Irreplaceable habitat. If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans. The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat. The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits. The effect of section 73D of the Town and Country Planning Act 1990If planning  permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission ("the earlier Biodiversity Gain Plan") there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted. Those circumstances are that the conditions subject to which the section 73 permission is granted: i)         do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and ii)      in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.

 

The grant of planning permission does not override other legislation, including the Wildlife and Countryside Act.  Therefore, should protected species be impacted during the development hereby approved, including bats, there would be a need to cease work and receive guidance from a suitably qualified ecologist on mitigation that may be required. 

 

Please note that there are certain permitted development rights in respect of installing solar panels as outlined in Section 2, part 14, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).