Agenda item

Revised Plans: Demolition of existing pub and redevelopment of the site to create 41 no residential units (12 no. 1-bed flats, 23 no. 2-bed units and 6 no. 3-bed units).

 

The Service Manager, Planning and Economic Development, introduced the report and discussed the revised plan, parking and affordable housing provision on the site.

 

RESOLVED toGRANT PLANNING PERMISSION, subject to the applicant entering into a Section 106 Agreement with the Borough Council as local planning authority, the County Council as education authority and the National Health Service for the provision of, or financial contributions towards Affordable Housing, Educational Facilities, Healthcare and Open Space; and subject to the following conditions:

 

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 approved plans drawing no's: 7595 70-001 (Site Plan as Existing), 7595 70-002 REV F (Site Plan as Proposed), 7595 20-000 Rev A (Block Elevations as Proposed), 7595 20-001 Rev A (Block Elevations as Proposed), 7595 20-002 Rev A (Block Elevations as Proposed), A-7595-20-006 (Apartment Elevations), 795 00-000 Rev A (Typical Unit Floor Plans as Proposed), and 7595 20-004C (Street Elevations).

 

3.       The development hereby permitted shall be completed in accordance with the Arboricultural Implications Assessment and Arboricultural Method Statement: Appendix 3, dated April 2014.

 

4.       No part of the development hereby permitted shall be brought into use until the private car parking areas are surfaced in a bound material with the parking bays clearly delineated in accordance with drawing number 7595 70-002 REV F. The parking areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking of cars.

 

5.       No development shall commence on any part of the application site until a new access junction has been provided onto Cavendish Road as shown on drawing number 70-002-RevD to the satisfaction of the Local Planning Authority.

 

6.       No part of the development hereby permitted shall be brought into use until the visibility splays are provided in accordance with the approved plans. The area within the visibility splays referred to in this condition shall thereafter be kept free of all obstructions.

 

7.       No part of the development hereby permitted shall be brought into use until all drives and parking areas are surfaced in a bound material (not loose gravel). The surfaced drives and parking areas shall then be maintained in such bound material for the life of the development.

 

8.       No part of the development hereby permitted shall take place until details of the new road (shown on plan no. 7595 70-002 REV F (Site Plan as Proposed)) have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross sectional gradients, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. The development shall be implemented in accordance with these details to the satisfaction of the Local Planning Authority.

 

9.       No part of the development hereby permitted shall be brought into use until the access driveways and parking areas are constructed with provision to prevent the unregulated discharge of surface water from the driveways and parking areas to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

10.     No development hereby permitted shall commence until wheel washing facilities have been installed on the site in accordance with details first submitted to and approved in writing by the LPA. The wheel washing facilities shall be maintained in working order at all times and shall be used by any vehicle carrying mud, dirt or other debris on its wheels before leaving the site so that no mud, dirt or other debris is discharged or carried on to a public road.

 

11.     The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

 

12.     Before development is commenced there shall be submitted to and approved by the Borough Council precise details of the bricks and tiles to be used in the external elevations of the proposed development.  Once approved the development shall be carried out in accordance with these details.

 

13.     Before development is commenced there shall be submitted to and approved in writing by the Borough Council precise details of the means of enclosure of the site and precise details of the materials and structure of the retaining walls. Thereafter the means of enclosure shall be erected and retained in accordance with the approved details.

 

14.     Before development is first commenced full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. Once approved the works shall be carried in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme of works that has been prior agreed in writing with the Local Planning Authority.

 

15.     The hard and soft landscaping details to be submitted in relation to condition 14 above shall include the following; proposed finished levels or contours of the site; hard surfacing materials for car parking areas, and other vehicular and pedestrian access and circulation areas; minor artefacts and structures such as column lighting and bollard style luminaries to communal car parking areas; planting plans; written specifications; schedules of plants (noting species, plant sizes and proposed numbers/densities) and a schedule of landscape maintenance for a minimum period of five years from the date that the soft landscape works are completed.

 

Reasons

 

1.       In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.       For the avoidance of doubt.

 

3.       To ensure the adequate and safe tree retention on site in the interests of good Arboricultural practise.

 

4.       To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area.

 

5.       To ensure the development is constructed to adoptable standards

 

6.       To maintain the visibility splays throughout the life of the development and in the interests of general Highway safety.

 

7.       To reduce the possibility of deleterious material being deposited on the public highway (loose stones etc).

 

8.       To ensure the development is constructed to adoptable standards.

 

9.       To ensure surface water from the site is not deposited on the public highway causing dangers to road users.

 

10.     In the interests of Highway safety.

 

11.     To ensure the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

 

12.     To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

13.     To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

14.     To ensure that the details of the development are acceptable , in accordance with the aims of Policy 10 of the Aligned Core Strategy and Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

15.     To ensure that the final form of the development complies with policies ENV1, H7 and H16 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

Reasons for Decision

 

In the opinion of the Borough Council the proposed development is visually acceptable, results in no significant impact on neighbouring properties, the area in general and is acceptable from a highway safety viewpoint. The proposal therefore accords with Policy 10 of the Aligned Core Strategy (2014) and H7, H16 and ENV1 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014)

 

Notes to Applicant

 

Planning Statement - The Borough Council has undertaken negotiations during the consideration of the application and during Pre Application discussions to address adverse impacts identified by officers to address concerns in connection with the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and favourable recommendation. The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework (March 2012).

 

The attached permission is for development which will involve building up to, or close to, the boundary of the site.  Your attention is drawn to the fact that if you should need access to neighbouring land in another ownership in order to facilitate the construction of the building and its future maintenance you are advised to obtain permission from the owner of the land for such access before beginning your development.

 

Notwithstanding any planning permission if any highway forming part of the development is to be adopted by the Highways Authority the new roads and any highway drainage will be required to comply with the Nottinghamshire County Council's current highway design guidance and specification for roadworks, the 6CsDG.

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The Highway Authority should be contacted with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980.  A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the Highway Authority is contacted as early as possible.

 

In order to carry out the off-site works required you will be undertaking work in the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which you have no control. In order to undertake the works you will need to enter into an agreement under Section 278 of the Act. Please contact the County Council for details.

 

It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring.

 

This consent will require approval under Section 19 of the Nottinghamshire County Council Act 1985 and where the new streets are to be adopted an Agreement pursuant to Section 38 of the Highways Act 1980 will be required. Please contact Nottinghamshire County Council to ensure that approvals and agreements are secured before commencement of works.

 

It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site

 

I bring your attention to Carlton Parish Unregistered Footpath that passes through the site from Cavendish Road to Westdale Lane. The availability of the footpath should not be affected or obstructed in any way by the proposed development at this location unless subject to appropriate diversion or closure orders.

 

It is noted that suitable habitat for slow worms exist on site. Should any slow worms be found during works to clear the site, work must stop immediately until a suitably qualified ecologist has attended the site to ensure that potential impacts on this protected species are properly considered and to enable any required mitigation to be incorporated into the development. Slow Worms are protected under Schedule 5, Section 9 (1 and 5) of the Wildlife and Countryside ACT 1981 and the Countryside and Rights of Way act 2000 against deliberate or reckless killing and injuring and sale.

 

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0845 762   6848. Further information is also available on The Coal Authority website at www.coal.decc.gov.uk.Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com.

 

Should any bat/s be found during demolition, work must stop immediately. If the bat/s does not voluntarily fly out, the aperture is to be carefully covered over to provide protection from the elements whilst leaving a small gap for the bat to escape should it so desire. The Bat Conservation Trust should be contacted immediately on (0845) 1300228 for further advice and they will provide a licensed bat worker to evaluate the situation and give advice. Failure to comply is an offence under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010 which makes it an offence to kill, injure or disturb a bat or to destroy any place used for rest or shelter by a bat (even if bats are not in residence at the time). The Countryside and Rights of Way Act 2000 strengthens the protection afforded to bats covering 'reckless' damage or disturbance to a bat roost.