Agenda item

Full planning application for the erection of a leisure and community centre (Use Class E and F2) with associated access, parking, landscaping and drainage.

 

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.

 

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

 

2. This permission shall be read in accordance with the application form and following list of approved drawings received by the Local Planning Authority:

Floor Plan Level 00 (ref: 25026-GT3-00-00-DR-A-08-0002- P4)

 

Existing Site Plan (ref: 25026-GT3-00-XX-DR-A-08-0901-P1)

 

Site Location Plan (ref: 25026-GT3-00-XX-DR-A-08-0902- P1)

 

 Floor Plan Level 01 (ref: 25026-GT3-00-01-DR-A-08-0003- P4)

 

 Basement Plan Level B1 (ref: 25026-GT3-00-B1-DR-A-08-0001-P2)

 

Roof Plan (ref: 25026-GT3-00-R1-DR-A-08-0004-P4)

 

Proposed Site Plan (ref: 25026-GT3-00-XX-DR-A-08-0903- P1)

 

Proposed Elevations - Sheet 1 of 2 (ref: 25026-GT3-00-ZZ-DR-A-08-0051- P5)

 

Proposed Elevations - Sheet 2 of 2 (ref: 25026-GT3-00-ZZ-DR-A-08-0052- P5)

 

Proposed Sections - Sheet 1 of 2 (ref: 25026-GT3-00-ZZ-DR-A-08-0101-P1)

 

Proposed Sections - Sheet 2 of 2 (ref: 25026-GT3-00-ZZ-DR-A-08-0102-P1)

 

Proposed Site Location Plan (ref: 25026-GT3-00-ZZ-DR-A-08-0904-P1)

 

Landscape Plan (ref: 26003-CO-LP-0-01-REV-3)

 

Site Wide Landscape Plan (ref: 26003-CO-LP-0-02-REV-1)

 

Site Sections (ref: 26003-CO-LP-0-05-REV-1)

 

Landscape Plans Indicative Levels (ref: 26003-CO-LP-0-11-REV-1)

 

Reports:

 

Planning Statement, prepared by DPP (ref: R001)

Design and Access Statement, prepared by GT3 (ref: 25026-GT3-02-XX-RP-A-0003- P1)

 

Air Quality Assessment (ref: AQ103465)

 

Construction Environmental Management Plan (21/07/2026 V3)

 

Biodiversity Net Gain Metric V3 (ref: 2762a V3)

 

Biodiversity Net Gain Condition Assessment (ref: 2762a V2)

 

Biodiveristy Net Gain Report V2 (ref: 2762a)

 

Preliminary Ecological Appraisal, Daytime Bat Walkover and Baseline Biodiversity Impact Assessment

 

Combined Preliminary Risk Assessment and Ground Investigation Report (ref: 700324-HEX-XX-XX-RP-GE-0001- P01)

 

Recycling Bin 770l Dimension Drawings

 

Recycling Bin 1100l Dimension Drawings

 

Noise Impact Assessment (ref: ADT 3976/ENIA)

 

Aboricultural Report with Arboricultural Impact Assessment and Arboricultural Method Statement (ref: 2762)

 

Transport Assessment with Travel Plan in Appendix G (ref: 260617-SK225101_TA01(-02))

 

Flood Risk Assessment and Drainage Strategy (ref: 700324-HEX-XX-XX-T-C-0003-P03)

 

Statement of Community Involvement

 

Waste Management and Recycling Plan (ref: 25026-GT3-00-XX-ST-A- P2)

 

Transport Note (ref: 260903_SK225101_TN02(-00) (1))

 

NPPF update letter (ref: L004

 

Highway Works GA 260914 (ref: SK225101-021)

 

Reason: For the avoidance of doubt.

3. Prior to the occupation of building(s) hereby permitted, details shall be submitted to and approved in writing by the Local Planning Authority as to the position within the development of a minimum of two (2) Electric Vehicle Recharging bays (active) for customers; with infrastructure installed for a further eight (8) bays in future years (passive).

 

The Electric Vehicle Recharging Points shall be in a prominent position on the site and shall be for the exclusive use of zero emission vehicles. The Electric Vehicle Recharging Points shall be installed prior to occupation of any part of the development and shall be thereafter maintained in the location as approved for the lifetime of the development.

 

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 car park users.

 

Reason:  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.

 

4. Prior to commencement of the development a Construction Dust and Emissions Management Plan (CDEMP) 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 CDEMP 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 CDEMP unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: 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.

 

5. The proposed development shall not be brought into use until the parking/turning/servicing areas as shown on drawing 25026 - GT3 - 00 - XX - DR - A - 08-0903 - RevP1 have been provided. The parking/turning areas shall be maintained in accordance with the approved plan, and shall not be used for any purpose other than the parking and turning of vehicles.

 

Reason: In the interest of highway safety in accordance with policy LPD61 of the Local Planning Document (2018).

 

6. No part of the development hereby permitted shall take place 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:
   1. the parking of vehicles of site operatives and visitors
   2. loading and unloading of plant and materials
   3. storage of plant and materials used in constructing the development
   4. the erection and maintenance of security hoarding including decorative displays where appropriate
   5. wheel washing facilities
   6. measures to control the emission of dust and dirt during construction
   7. a scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: In the interest of highway safety in accordance with policy LPD61 of the Local Planning Document (2018).

 

7. The proposed development shall not be brought into use until the off-site highway works as shown for indicative purposes only on drawing SK225191-021 have been provided.

 

Reason: In the interest of highway safety in accordance with policy LPD61 of the Local Planning Document (2018).

 

8. The updated Travel Plan (ref: 260915/SK225101/TP01(-02)), received on the 15 September 2026, is acceptable.  The approved Travel Plan shall be implemented, monitored and reviewed in accordance with the approved details throughout the monitoring period set out within the Travel Plan.

 

Reason: To promote sustainable travel and to comply with guidance within the NPPF.

 

9. 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.

 

Reason: To ensure a satisfactory development in accordance with the aims of Policy 10 of the Gedling Borough Council Aligned Core Strategy (September 2014).

 

10. 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.

 

Reason: To ensure a satisfactory standard of landscaping in the interests of amenity in accordance with policy LPD19 of the Local Planning Document (2018).

 

11. An updated Construction Environmental Management Plan (CEMP) or a Construction Ecological Management Plan (CEcMP), including all avoidance and mitigation recommendations set out within the Preliminary Ecological Appraisal, Daytime Bat Walkover and Baseline Biodiversity Impact Assessment report, shall be provided to and approved by the Local Planning Authority (LPA) prior to the commencement of works. Works shall then be conducted in accordance with the approved mitigation measures.

 

Reason: To protect and maintain biodiversity in accordance with relevant wildlife legislation, Chapter 19 of the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

 

12. An Invasive Species Management Plan, including measures to control and prevent the spread of invasive species identified within the Preliminary Ecological Appraisal, Daytime Bat Walkover and Baseline Biodiversity Impact Assessment report, shall be provided to and approved by the Local Planning Authority (LPA) prior to the commencement of works. Works shall then be conducted in accordance with the approved plan.

 

Reason: To protect and maintain biodiversity in accordance with relevant wildlife legislation, Chapter 19 of the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

 

13. A Landscape Ecological Management Plan (LEMP), including all compensation and enhancement recommendations set out within the Preliminary Ecological Appraisal, Daytime Bat Walkover and Baseline Biodiversity Impact Assessment report, shall be provided to and approved by the LPA prior to the commencement of works. The details as approved shall be implemented.

 

Reason: To conserve and enhance the site for biodiversity in accordance with Chapter 19 of the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

 

14. Details of a post-construction wildlife sensitive lighting scheme, compliant with Bats and Artificial Lighting at Night (Bat Conservation Trust and Institute of Lighting Professionals, 2023), shall be provided to and approved by the LPA prior to the commencement of works. The details as approved shall be implemented.

 

Reason: To protect and maintain biodiversity in accordance with relevant wildlife legislation, Chapter 19 of the National Planning Policy Framework, Aligned Core Strategy Policy 17 and Local Plan Policy LPD 18.

 

15. 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.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

 

16. The Biodiversity Gain Plan shall be prepared in accordance with the Biodiversity Net Gain Assessment, received 29/09/2026 and the Statutory Metric Calculation Tool, received by the Local Planning Authority 29/09/2026.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

 

17. 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 Bio-diversity 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.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

 

18. Notice in writing shall be given to the Council when the on-site HMMP works have started.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

 

19. No occupation of the development shall take place until:

(a) the habitat creation and enhancement works set out in the approved on-site HMMP have been completed; and

(b) a completion report, evidencing the completed habitat enhancements, has been submitted to, and approved in writing by the Local Planning Authority.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990

 

20. The created and/or enhanced habitat specified in the approved on-site HMMP shall be managed and maintained in accordance with the approved on-site HMMP.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990

 

21. Monitoring reports shall be submitted to local planning authority in writing in accordance with the methodology and frequency specified in the approved on-site HMMP.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990

 

22. Prior to the commencement of development, a Local Labour Agreement shall be submitted to and approved in writing by the Local Planning Authority.  The details as approved shall be implemented.

 

Reason: To comply with policy LPD48.

 

23    Development shall proceed in accordance with the approved Arboricultural Report, Arboricultural Method Statement and Tree Protection Plan as received on the 21^st July 2026.  The tree protection fencing shall be in situ prior to the development hereby approved commencing and retained for the lifetime of the development.

 

Reason: To ensure trees are protected and to comply with guidance within the NPPF.

 

24    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 700324-HEX-XX-XX-T-C-0003, July 2026, HEXA., 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 Sustainable Drainage Systems (SuDS) as a primary means of surface water management. Design should be in accordance with CIRIA C753, Policy F8 of the National Planning Policy Framework (2026) and the National Standards for Sustainable Drainage Systems (SuDS) 2025, applying a ‘SuDS approach’, so that:

o   The surface water drainage system should incorporate attenuation at multiple points across the development, rather than a single attenuation feature located prior to the point of discharge, unless justification is provided.

o   At least the first 5mm of rainfall for the majority of rainfall events does not result in runoff from the site to surface waters or piped drainage systems.

o   Surface water and groundwater is protected by managing the quality of the surface water runoff to adequately address water quality risks from the development. Benefits are maximised for amenity through the creation of multi-functional places and landscapes.

o   Benefits are maximised for biodiversity throughout the development lifecycle.

o   There would be a need to include above ground SUDS features e.g. rainwater garden or rainwater garden planters, over and above mitigation identified in the submitted drainage strategy.

Evidence shall be provided that the approach to managing runoff from ‘everyday’ rainfall has been developed alongside and in support of the management of runoff quality and the delivery of amenity and biodiversity benefits.

Note: The LLFA does not consider oversized pipes or box culverts as sustainable drainage.

?       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 details of a proven outfall from site in accordance with the drainage hierarchy. The following options should be considered in order of preference, as stated in the National Standards for Sustainable Drainage Systems (SuDS) 2025:

o   Priority 1: collected for non-potable use

o   Priority 2: infiltrated to ground

o   Priority 3: discharged to an above ground surface water body

o   Priority 4: discharged to a surface water sewer, or another piped surface water drainage system

o   Priority 5: discharged to a combined sewer

?       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.

Reason: 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.

Informatives:

 

1.      The developer is encouraged to consider upgrading the EV charging facilities to incorporate mode 3 charging capability as this will help future proof the development and improve its sustainability. A suitable electrical socket can be provided to allow ‘Mode 3’ charging of an electric vehicle, allowing Smart charging of electric vehicles.

2.      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).

3.      Sustainable Drainage Systems (SuDS) involve a range of techniques and can be implemented on all sites. SuDS are a requirement for all major development as set out within paragraph 181 and 182 of the NPPF.

4.      The LLFA does not consider oversized pipes or box culverts as SuDS. Should infiltration not be feasible at the site, alternative SuDS should be used, with a preference for above ground solutions.

5.      Surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management. SuDS are an approach to managing surface water run-off which seeks to mimic natural drainage systems and retain water on-site as opposed to traditional drainage approaches which involve piping water off-site as quickly as possible.

6.      The proposed development requires you to undertake works within the public highway which is land subject to the provisions of the Highways Act 1980 and therefore land over which you have no control. In order to undertake these works, you will be required to obtain a licence. Please contact licences@viaem.co.uk for further details.

7.      With regards to condition 16, 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.

8.   With regards to the discharge of conditions 16 (BNG Gains Plan) and 17 (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.

9.   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 the development of land in England is deemed to have been granted subject to the condition "(the 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 require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply. 

In summary: Biodiversity gain plans are required to be submitted to, and approved by, the planning authority before development may be begun (the overall plan), and before each phase of development may be begun (phase plans).]

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).

4.5   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 1990

If 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 Lead Flood Authority need to be re-consulted with any changes to the submitted and approved details of any FRA or Drainage Strategy which has been provided. Any deviation from the principles agreed in the approved documents may lead to us objecting to the discharge of conditions. We will provide you with bespoke comments within 21 days of receiving a formal consultation.