Agenda item

Application No. 2015/0824- Development Site On Former School, Ashwell Street, Netherfield, Nottinghamshire.

Minutes:

Construction of a new medical centre and pharmacy including associated parking, cycle shelters and landscaping on land previously used as a school.

 

David Evans, the applicant, spoke in favour of the application.

 

Emily Roberts, a local resident, spoke against the application.

 

RESOLVED 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 permitted shall be constructed and implemented in accordance with the following approved plans and documents: Proposed Site Plan (003 Rev A); Proposed Ground Floor Plan (004); Proposed First and Second Floor Plans (005), received on 21st July 2015; Proposed Elevations (006 Rev A), received on 29th July 2015; Indicative Proposed Highway Works (03 Rev A), received on 11th September 2015; Framework Travel Plan (A2459, Rev A), received on 25th September 2015; and Flood Risk Assessment (V5), received on 1st October 2015.

 

3.       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 Borough Council and development must be halted immediately on that part of the site until such time that the Borough Council has given written approval for works to recommence on site.  Once contamination has been reported to the Borough Council, an assessment of contamination must be undertaken.  This assessment shall include a survey of the extent, scale and nature of contamination and an assessment of the potential risks to human health, property, adjoining land, controlled waters, ecological systems, archaeological sites and ancient monuments.  The assessment shall be undertaken by a competent person and shall assess any contamination of the site whether or not it originates on site.  Where remediation is necessary, a written remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Borough Council.  The remediation scheme shall be implemented as approved.

 

4.       Before development is commenced a Traffic Regulation Order application to provide No Waiting at Any Time on Knight Street, as shown for indicative purposes on drawing number 03 Rev A, shall be submitted to and approved in writing by the Nottinghamshire County Council as Highway Authority.

 

5.       Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of a Dust Management Plan.  The plan shall be produced in accordance with 'The Control of Dust and Emissions from Construction and Demolition' (Best Practice Guidance).  The plan shall be implemented in accordance with the approved details and shall be retained for the duration of the construction period, unless otherwise prior agreed in writing by the Borough Council.

 

6.       Before development is commenced, there shall be submitted to and approved in writing by the Borough Council details of wheel washing facilities to be installed on the site.  The approved wheel washing facilities shall be maintained in working order at all times during the construction period 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.

 

7.       Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of the materials to be used in the external elevations of the proposed building.  Thereafter the development shall be carried out in accordance with approved materials, unless otherwise prior agreed in writing by the Borough Council.

 

8.       Before development is commenced there shall be submitted to and approved writing by the Borough Council details of the means of surfacing of the access and exit routes, car parking areas, turning and servicing areas and other unbuilt on portions of the site.  The access and exit routes, car parking areas, turning and servicing areas and other unbuilt on portions of the site shall be provided and completed in accordance with the approved details before the development is first brought into use and the parking, turning and servicing areas shall not be used for any other purpose other than the parking, turning, loading and unloading of vehicles.

 

9.       Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of the proposed means of enclosure of the site.  The means of enclosure shall be implemented in accordance with the approved details before the development is first brought into use and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

10.     Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of all external lighting, including levels of illumination and a lux plot of the estimated luminance, to be provided on the proposed building or elsewhere within the site.  Any security lighting/floodlighting to be installed, shall be designed, located and installed so as not to cause a nuisance to users of the highway.  The external lighting shall be provided in accordance with the approved details before the development is first brought into use and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

11.     Before development is commenced there shall be submitted to and approved in writing by the Borough Council drainage plans for the proposed means of disposal of surface water and foul sewage.  The scheme shall be implemented in accordance with the approved details before the development is first brought into use and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

12.     Before development is commenced there shall be submitted to and approved by the Borough Council a landscape plan of the site showing the position, type and planting size of all trees, hedges, shrubs or seeded areas proposed to be planted.  The landscape plan shall incorporate the recommendations made in section 4.1 and 4.2 of the EMEC report.  The approved landscape plan shall be carried out in the first planting season following the substantial completion of the development.  If within a period of five years beginning with the date of the planting of any tree, hedge, shrub or seeded area, that tree, shrub, hedge or seeded area, or any tree, hedge, shrub or seeded area that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Borough Council seriously damaged or defective, another tree, shrub or seeded area of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Borough Council.

 

13.     Before development is commenced, there shall be submitted to and approved in writing by the Borough Council details of a scheme for the incorporation of bird, bat and invertebrate boxes within the development.  The scheme shall incorporate the recommendations made in section 4.2 of the EMEC report.  The scheme shall be implemented in accordance with the approved details before the development is first brought into use and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

14.     Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of a Local Employment Agreement to cover the construction of the development hereby permitted.  The Local Employment Agreement shall be implemented in accordance with the approved details, unless otherwise prior agreed in writing by the Borough Council.

 

15.     The internal finished floor levels shall be set no lower than 22.62 metres Above Ordnance Datum (AOD).  These mitigation measures shall be fully implemented prior to occupation of the development and subsequently in accordance with the timing/phasing arrangements embodied within the Flood Risk Assessment.  These mitigation measures shall be retained as approved for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

16.     Before the development hereby permitted is first brought into use, the individual parking spaces shall be clearly marked out on site in accordance with the approved plan.  The parking spaces shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

17.     No part of the development hereby permitted shall be brought into use until the cycle parking layout as indicated on drawing number 003 Rev A has been provided and that area shall not thereafter be used for any purpose other than the parking of cycles.  The cycle parking layout shall be retained as approved for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

18.     No part of the development hereby permitted shall be brought into use until the improvement works at Meadow Road/Knight Street/Ashwell Street and Moor Street, as shown for indicative purposes only on the Indicative Proposed Highway Works drawing number 03 Rev A, have been undertaken.  The improvement works shall be retained as approved for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

19.     The development hereby permitted shall not be occupied or be brought into use until the owner or the occupier of the site has appointed and thereafter continue to employ or engage a Travel Plan Coordinator who shall be responsible for the implementation, delivery, monitoring and promotion of the sustainable transport initiatives set out in the Framework Travel Plan (A2459, Revision A), dated 25th September 2015, and whose details shall be provided and continue to be provided thereafter to the Borough Council.

 

20.     The Travel Plan Coordinator shall within 6 months of occupation of the development produce or procure a finalised Travel Plan, that sets out final targets with respect to the adoption of measures to reduce single occupancy car travel consistent with the Framework Travel Plan (A2459, Revision A), dated 25th September 2015, to be approved in writing by the Borough Council.  The finalised Travel Plan shall be implemented in accordance with the approved timetable and be updated consistent with future travel initiatives, including implementation dates, to the satisfaction of the Borough Council.

 

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 that practicable and effective measures are taken to treat, contain or control any contamination and to protect controlled waters in accordance with the aims of Section 11 of the National Planning Policy Framework and Policies ENV1 and ENV3 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

4.       In the interests of highway safety in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

5.       To protect the residential amenity of the area in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

6.       To reduce the possibility of deleterious material being deposited on the public highway in the interests of highway safety, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

7.       To ensure that the materials to be used in the external elevations of the proposed building are satisfactory, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

8.       To ensure that the means of surfacing of the development are satisfactory and to ensure a satisfactory development, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

9.       To protect the residential amenity of the area, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

10.     In the interests of highway safety and to protect the residential amenity of the area, in accordance with the aims of Section 11 of the National Planning Policy Framework, Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014) and Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

11.     To ensure the development is provided with a satisfactory means of drainage and to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution, in accordance with Section 11 of the National Planning Policy Framework and Policy 1 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

12.     To ensure that the landscaping of the proposed development accords with Policy 10 of the Aligned Core Strategy for Gedling Borough (September 2014) and Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

13.     To enhance biodiversity in accordance with Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

14.     To seek to ensure that the construction of the site provides appropriate employment and training opportunities, in accordance with Policy 4 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

15.     To reduce the risk of flooding to the proposed development and future occupants, in accordance with Section 10 of the National Planning Policy Framework and Policy 1 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

16.     In the interests of highway safety in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

17.     To promote sustainable transport, in accordance with the aims of Section 4 of the National Planning Policy Framework and Policy 14 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

18.     In the interests of highway safety in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

19.     To encourage the use of other modes of transport as an alternative to motorised transport, in accordance with the aims of Section 4 of the National Planning Policy Framework and Policy 14 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

20.     To encourage the use of other modes of transport as an alternative to motorised transport, in accordance with the aims of Section 4 of the National Planning Policy Framework and Policy 14 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

 

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 PAYABLE on the development hereby approved as is detailed below.  Full details about the CIL Charge including, amount and process for payment will be set out in the Regulation 65 Liability Notice which will be sent to you as soon as possible after this decision notice has been issued.  If the development hereby approved is for a self-build dwelling, residential extension or residential annex you may be able to apply for relief from CIL.  Further details about CIL are available on the Council's website or from the Planning Portal: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

 

It is recommended that the occupants of the site sign up to the Environment Agency Flood Line Warnings Direct via https://fwd.environment-agency.gov.uk/app/olr/register or by calling the Flood line on 0845 988 1188 to facilitate evacuation the event of an extreme flood event.

 

In order to carry out the off-site works required above, 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 Highway Authority on 0115 977 3949 for details.

 

Regarding the bus stop improvements required above, please contact Nottinghamshire County Council's Public Transport Section at: PTDC@nottscc.gov.uk for further details to provide a bus shelter, lighting and real time information. The estimated costings for the bus stop on  Knight Street ref. GE0154 - Bus Shelter £2,750, Solar Lighting £2,200, Real Time Displays with Associated Electrical Connections £6,600 and Raised Kerb £1,650 (prices subject to change).  Any costs associated with the relocation of the stop would need to be met by the developer.

 

The Travel Plan coordinator and Final Travel Plan details required above should be discussed with Transport Strategy at Nottinghamshire County Council.  Please contact: transport.strategy@nottscc.gov.uk.

 

To ensure that the appropriate application is submitted to provide No Waiting at Any Time restrictions, as required above, please contact: tmconsultation@nottscc.gov.uk for further 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.

 

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.

 

The Borough Council has worked positively and proactively with the applicant, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework, based on seeking solutions to problems arising in relation to dealing with the planning application. This has been achieved by providing details of issues raised in consultation responses; requesting clarification, additional information or drawings in response to issues raised; and providing updates on the application's progress.

 

 

 

 

Supporting documents: