Minutes:
Demolish existing buildings and develop a new private residential therapy and treatment centre, together with associated infrastructure and landscaping. (Variation of Conditions 21, 22 and 26 of planning permission 2024/0708 to enable alterations to ground levels under trees T32, T33 and T34 to facilitate the required gradient for the access drive and to remove tree T73 and Hedgerow H18 to allow the building of a previously approved wall.)
The Principal Planning Officer advised members of the committee that it was proposed to alter condition 22 to make the wording clearer.
The wording proposed was as follows:
“Prior to any works being carried out within the Root Protection Area of retained trees, the Tree Protection Fencing shown within the Tree Protection Plan (received by the Local Planning Authority 08.12.2025) shall be implemented and retained for the duration of the works.”
She then went on to introduce the report.
RESOLVED:
TO GRANT PLANNING PERMISSION subject to the following conditions:
1 The development must be begun not later than 2nd July 2028.
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 The development shall be undertaken in the materials identified on the submitted Elevation Plans and Material Details received by the Local Planning Authority on 25th July 2025 as part of discharge of condition application 2025/0581DOC.
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 The hard landscaping works shall be carried out in accordance with the submitted External Works Layout Plan and Hard Landscaping Plan, 480-L-D-111 Rev P01 received by the Local Planning Authority on 25th July 2025 as part of discharge of condition application 2025/0581DOC.
601186-HEX-XX-XX-D-C-9201 P01 Exceedance Plan, received 29th October 2025
601186-HEX-XX-XX-D-C-9210 P02 Drainage Details Sheet 1, received 2nd October 2025
601186-HEX-00-XX-T-C-9210 V01 Surface Water Maintenance and Management Plan, received 2nd October 2025
601186-HEX-XX-XX-D-C-9200 P02 Surface Water Drainage Layout, received 2nd October 2025
601186-HEX-XX-XX-D-C-9210 P02 Drainage Details Sheet 1, received 2nd October 2025
Surface Water Flow V01, received 2nd October 2025
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 Development shall be undertaken in accordance with the Construction Emission Management Plan received 30th September, approved as part of discharge of condition application reference number 2025/0730.
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 Statutory Metric Calculation Tool received by the Local Planning Authority 3rd October 2024.
12 The development shall not commence until a Habitat Management and Monitoring Plan in respect of any on-site biodiversity gain (the Onsite 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 Onsite 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,
has been submitted to, and approved in writing by, the Local Planning Authority.
13 Notice in writing shall be given to the Council when the Onsite HMMP works have started.
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 Onsite HMMP.
15 Development shall be undertaken in accordance with the approved ground Investigation Report “Hexa Consulting, Bestwood Lodge Drive, Ground Investigation Report, ref. 601186-HEX-XX-XX-RP-GE-000 Rev P03”, received by the LPA 24th September 2025 and approved as part of discharge of condition application reference number 2025/0581DOC.
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 Development shall be undertaken in accordance with the waste information, approved as part of discharge of condition application reference number 2025/0730. The approved documents are;-
CC86 – Healthcare Waste Policy and Procedure, received 30th September 2025
Site Waste Management Plan for Delamere – Bestwood Lodge, received 30th September 2025
Waste Management Summary, received 30th September 2025
Waste Management Strategy 23058-PP 0090-, received 30th September 2025
17 Development shall be undertaken in accordance with the approved badger survey information, approved as part of discharge of condition application reference number 2025/0581DOC. The approved documents are:
Pre-commencement badger survey
External Lighting Statement and Construction Ecological Management Plan
Confirmation of badger licence, received by the LPA 26th September 2026
Badger Plan, received by the LPA 25th September 2026
18 Development shall be undertaken in accordance with the approved wildlife friendly lighting information, approved as part of discharge of condition application reference number 2025/0581DOC. The approved documents are:
Delamere Health - External Lighting Statement (P02) as updated by applicant’s email of 2nd September 2025 stating "As discussed the standard method of installing columns is to put a sleeve into the ground that is 400mm diameter (dependant on size of column) to the depth of the column root and add a concrete base within the sleeve. The column is then placed into the sleeve and packed into position with sand. I have attached a generic column installation instruction, we do always recommend consulting a structural engineers to confirm details of installation because of the ground conditions on site"
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 shall be undertaken in accordance with the submitted Ecology Mitigation, submitted as part of discharge of condition application reference number 2025/0581DOC. The documents are;-
RSE_8328_Enhancement Plan_V1R2_Optimized
RSE_8328_R1_V1_CEMP
21 All retained trees, and hedges must be protected in accordance with the submitted tree survey reference RSE_8329_R1_V5_ARB (received by the Local Planning Authority 08.12.2025) and the approved protection shall be implemented prior to construction commencing and retained for its duration.
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.
Updated landscape proposals, received 2nd September 2025 including Delamere Maintenance Manual Rev A, 2025 05 07 Planting Schedule, 480-P-300 P03 Delamere Planting Plan A1.
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, with the exception of trees T32, T33 and T34 (as shown on Tree Protection Plan - Protection Plan RSE_8329_TPP Rev 6 (received by the Local Planning Authority 08.12.2025))
The levels of trees T32, T33 and T34 can be altered as per plans entitled “Vehicle Swept Path – Fre Appliance (shown in Appendix B of the submitted Transport Statement), Plan 601186-HEX-XX-XX-D-C-9150 P01 “Earthworks Analysis and Plan 601186-HEX-XX-XX-D-C-9100 POL “Proposed Levels Layout”.
Trees T32, T33 and T34 shall be subject to annual inspections for a period of 5 years from the commencement of works. Each inspection shall be carried out by a suitably qualified arboricultural professional holding a Professional Tree Inspection (PTI) certificate, and a written report shall be submitted to the Local Planning Authority (LPA) following each inspection. If any of the trees die, become severely damaged, or require removal during this period, replacement tree planting shall be undertaken in accordance with a scheme to be submitted to and approved in writing by the LPA.”
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:
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
Development shall thereafter be carried out in accordance with the approved details.
PBLS-BSP-ZZ-XX-RP-D-0001-TP2_Travel_Plan, received by the LPA 19th August 2025
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 completed.
30 Development shall be undertaken in accordance with the approved Site Levels Plan, received 25th July 2025, approved as part of discharge of condition application reference number 2025/0581DOC.
RSE_8328_ Enhancement Plan_V1R2_Optimized
RSE_8328_R1_V1_CEMP
32 Development shall be undertaken in accordance with the approved drainage systems for the infiltration of surface water to the ground as approved as part of discharge of condition application reference number 2025/0581DOC. The approved documents are;-
601186-HEX-XX-XX-D-C-9201 P01 Exceedance Plan, received 29th October 2025
601186-HEX-XX-XX-D-C-9210 P02 Drainage Details Sheet 1, received 2nd October 2025
601186-HEX-00-XX-T-C-9210 V01 Surface Water Maintenance and Management Plan, received 2nd October 2025
601186-HEX-XX-XX-D-C-9200 P02 Surface Water Drainage Layout, received 2nd October 2025
601186-HEX-XX-XX-D-C-9210 P02 Drainage Details Sheet 1, received 2nd October 2025
Surface Water Flow V01, received 2nd October 2025
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 Local Planning Authority 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.
10 To ensure that 10% BNG is achieved at the site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (as amended).
11 To ensure that 10% BNG is achieved at the site in accordance with Schedule 7A of the Town and Country Planning Act 1990 (as amended).
12 To ensure that 10% BNG is achieved at the site in accordance with 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 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 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.
Notes to Applicant
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.
Any new signage may require advertisement consent.
The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 39 of the National Planning Policy Framework (2024). 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
With regards to condition 10, the biodiversity gain plan must include:
(a) information about the steps taken or to be taken to minimise the 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
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
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.
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
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
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 –
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
There may be a gas pipeline close to the site. The applicant is advised to contact Cadent Gas for further information.
With regards to condition 33, if Piling is proposed, a site-specific Piling Risk Assessment must be submitted to LPA / EA prior to commencing piling on the site and it must be 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.
With regards to condition 32, It is anticipated that areas of the site will contain infilled materials, and it would not be appropriate for infiltration drainage (such as soakaways) to discharge into infilled materials, waste, or made ground.
Waste on site
Excavated materials that are recovered via a treatment operation can be re-used on-site under the CL:AIRE Definition of Waste: Development Industry Code of Practice. This voluntary Code of Practice provides a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste.
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
The Environment Agency recommends that developers should refer to our:
-Position statement on the Definition of Waste: Development Industry Code of Practice and;
- website at https://www.gov.uk/government/organisations/environment-agency for further guidance.
Waste to be taken off site
Contaminated soil that is, or must be disposed of, is waste. Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes:
o Duty of Care Regulations 1991
o Hazardous Waste (England and Wales) Regulations 2005
o Environmental Permitting (England and Wales) Regulations 2010
o The Waste (England and Wales) Regulations 2011
Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standards BS EN 14899:2005 'Characterisation of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with the EA as a hazardous waste producer.Refer to the website at https://www.gov.uk/government/organisations/environment-agency for more
With regards to the discharge of conditions 10 (BNG Gains Plan) and 12 (BNG Habitat Management and Monitoring Plan), please be aware that a Section 106 Legal Agreement may be required in order to secure the required details and monitoring fee, as part of the discharge if condition application.
With regards to condition 10, the biodiversity gain plan must include:
(a) information about the steps taken or to be taken to minimise the 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;
(f) any such other matters as the Secretary of State may by regulations specify; and
(g) timings for implementation.
Supporting documents: