Agenda item

To GRANT PLANNING PERMISSION 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 approved shall be carried out in accordance with the approved plans (drg. nos.G11/CP1/HSA03A and G13/CP1/HSA06A) deposited on the 23rd May 2013, revised plans (drg nos. G13/CP1/HSA09A, G13/CP1/HSA11A)  and landscaping plans in relation to planting areas 1, 2,3 and 4 deposited on the 25th June 2013.

3.         The proposed lighting and CCTV hereby approved shall be implemented and maintained in accordance with the details indicated on drg. nos. G13/CP1/HSA03A and G13/CP1/HSA06A and specifications deposited on the 23rd May 2013 unless otherwise agreed in writing by the Borough Council.

4.         The landscaping scheme hereby approved shall be carried out in accordance with the details of planting areas 1-4 and drg. no. G13/CP1/HSA11A deposited on the 25th June 2013 in the first planting season following the substantial completion of the development and any planting material which becomes diseased or dies within five years of the completion of the development shall be replaced in the next planting season by the applicants or their successors in title.

5.         No part of the development hereby permitted shall be brought into use until the boundary wall hereby approved is erected in accordance with details indicated on the revised plan drg. no. G11/CP1/HSA03A deposited on the 23rd May 2013, thereafter the boundary wall shall be retained in accordance with the approved details for the lifetime of the development.

6.         No development shall commence on any part of the application site until such time details of construction and surfacing materials to be used has been submitted to and approved in writing by the Borough Council. Works shall be completed in accordance with the approved details.

7.         No part of the development hereby permitted shall be brought into use until access/exit arrangements including modification to the existing one (as shown on plan reference G11/CP1/HSA03A deposited on the 27th November 2012) are available for use and constructed in accordance with the Highway Authority specifications to the satisfaction of the Borough Council. The access/exit arrangements shall be maintained as such for the lifetime of the development.

8.         No part of the development hereby permitted shall be brought into use until the access ways within the car parking layout, parking and turning areas as shown on the approved plans are surfaced in a hard bound material (not loose gravel). The access ways, parking and turning areas shall then be maintained in such hard bound material for the life of the development.

9.         Prior to the development hereby approved first being brought into use, individual parking spaces shall be clearly marked out on site in accordance with the approved revised plan reference G11/CP1/HSA03A deposited on the 23rd May 2013. The parking spaces shall be kept available for parking in association with the development thereafter.

10.       No development shall commence on any part of the application site until a pedestrian refuge in the close proximity of the site together with associated road markings and length of Grey anti-skid surfacing from the access point back to the Cross Street 'slip road' on High Street have been provided in accordance with details first submitted to and approved in writing by the Borough Council.

11.       Pedestrian visibility splays of 2.0 metres x 2.0 metres shall be provided on each side of the vehicle access and exit points. These measurements are taken from edge of and along the highway boundary. The areas of land forward of these splays shall be maintained free of all obstructions at all times.

12.       No part of the development hereby approved shall be brought into use until pedestrian footways have been provided within the hatched area adjacent to the entrance and exit points of the car park in accordance with details to be submitted to and approved in writing by the Borough Council. The pedestrian footways shall thereafter be retained for the lifetime of the development in accordance with the approved details.

13.       No part of the development hereby permitted shall be brought into use until the access ways, parking and turning areas are constructed with provision to prevent the unregulated discharge of surface water from the access way, parking and turning areas to the public highway in accordance with details first submitted to and approved in writing by the Borough Council. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

Reasons

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

2.         For the avoidance of doubt.

3.         For the avoidance of doubt.

4.         To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved) 2008.

5.         To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved) 2008.

6.         To ensure a satisfactory development, in accordance with the aims of policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved) 2008.

7.         In the interests of highway safety.

8.         In the interests of highway safety.

9.         In the interests of highway safety.

10.       In the interests of highway safety.

11.       In the interests of highway safety.

12.       In the interests of pedestrian safety.

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

Reasons for Decision

In the opinion of the Borough Council, the proposed development is appropriate in this location and would have no undue impacts on neighbouring amenity or the street scene.  There are no Highway safety implications.  The proposal therefore complies with the National Planning Policy Framework (2012) and Policies ENV1, S4, S6 and T10 of the Gedling Borough Replacement Local Plan (Certain Policies Saved) 2008.

Notes to Applicant

Please note that although the Plan reference G11/CP1/HSA03A indicates that access arrangements are indicative only, The Borough Council in determining this application have taken this to be the proposed access arrangements.

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.

You are advised that planning permission does not override any private legal matters which may affect the application site, over which the Borough Council has no jurisdiction (e.g. covenants imposed by former owners, rights of light, etc.).

You must ensure that during the construction period there will be no mud or debris transported onto the adjacent roads. 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.

In order to carry out alterations to the existing vehicular access and to construct a new access at a different location on High Street the applicant will be undertaking work in the public highway, on land over which you have no control. In order to undertake the works the applicant will need to enter into an agreement under Section 278 of the Act. Please contact Nottinghamshire County Council (Paul Ghattaora on telephone number 0115 9772117) at an early stage. You should also contact Paul Ghattaora at an early stage to discuss the appropriate process with regards to any other works within the public highway such as provision of new pedestrian crossing (pedestrian refuge) on High Street together with associated road markings, implementation of anti-skid surface which is normally carried out by our specialised team.

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.