Agenda item

Variation of Conditions 2 (approved drawings) and 19 (implementation of approved footway and highway works) of Planning Permission no: 2012/0616 for Proposed Crematorium for Gedling to remove provision of footway on the south side of Catfoot Lane and pedestrian island on the B684 Mapperley Plains and to provide 2 no. central refuge islands on the B684 Mapperley Plains.

 

The Service Manager – Development Services introduced the report and provided context on existing highway constraints and drainage issues which concluded that it was not possible to incorporate a safe pedestrian footway. 

 

After discussion and on the requisition of two Members the motion to grant planning permission was put to a named vote and the motion was carried.

 

For the Motion:
Councillor B Collis	Councillor D Ellis
Councillor M Lawrence	Councillor B Miller
Councillor M Paling	Councillor J Truscott
Councillor H Wheeler	Councillor P Wilkinson
Councillor J Creamer	Councillor M Weisz
Against the Motion:
Councillor C Barnfather	Councillor C Powell
Councillor A Bexon	Councillor P Stirland

 

 

RESOLVED:

 

TO GRANT PLANNING PERMISSION subject to the following conditions:

1.         The development must be begun not later than three years from 9th July 2015.

 

2.         The development hereby approved shall be built in accordance with the approved Elevations (04 Rev 4), Floor Plan (05), Floral Tribute Plans and Elevations (06) and Sections (M052.D.LS02) drawings, deposited on 23rd May 2012; Proposed Access Detail drawings (SCP/11100/D01 APPENDIX 4 Rev B, in relation to the site access only), received on 31st July 2012; Site Layout drawing (GD01_P(0)001 REV A), received on 6th October 2014; the submitted S278 Method Statement, received on 26th October 2016; and the Plan B - Improvement Works drawing (J13-086 3525 Rev F) and the Highway Construction Details drawing (J13-086 3355 Rev C), received on 2nd December 2016.

 

3.         The development shall be carried out in accordance with the details of the materials approved under application no: 2014/0236DOC, unless otherwise prior agreed in writing by the Borough Council.

 

4.         The development shall be carried out in accordance with the details of the means of enclosure approved under application no: 2014/0236DOC, unless otherwise prior agreed in writing by the Borough Council.

 

5.         The development shall be carried out in accordance with the details of any proposed alterations to the existing ground levels of the site, other than those shown on Sections drawing (M052.D.LS02), approved under application no: 2014/0236DOC, unless otherwise prior agreed in writing by the Borough Council.

 

6.         The access road, driveways, car parking areas, turning and servicing areas and other unbuilt on portions of the site shall be provided and completed in accordance with the details of the means of surfacing approved under application no: 2014/0236DOC 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.

 

7.         The access gates shall be provided in accordance with the details approved under application no: 2014/0236DOC 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.

 

8.         The means of surfacing and/or enclosure of the remaining land on the northern and eastern part of the site, beyond the new hedgerows, shall be provided in accordance with the details approved under application no: 2014/0236DOC and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

9.         The surface water drainage scheme shall be implemented in accordance with the details approved under application no: 2014/0236DOC before the development is completed and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

10.       The external plant shall be provided in accordance with the details approved under application no: 2014/0236DOC 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.       The external lighting shall be provided in accordance with the details approved under application no: 2014/0236DOC 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.       The cycle stands shall be provided in accordance with the details approved under application no: 2014/0236DOC 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.

 

13.       The landscape plan approved under application no: 2014/0236DOC 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.

 

14.       The ecological enhancement plan approved under application no: 2014/0236DOC shall be implemented in accordance with the approved details and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

15.       The landscape and ecological management plan shall be implemented in accordance with the details approved under application no: 2014/0236DOC and shall be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

16.       The scheme for the protection of the existing hedgerows and hedgerow trees shall be implemented in accordance with the details approved under application no: 2014/09236DOC and shall be retained until all construction works have been completed.

 

17.       The recommendations in the updated badger survey with regards to best practice during construction shall be implemented in accordance with the details approved under application no: 2014/09236DOC.

 

18.       No part of the development hereby permitted shall be brought into use until the visibility splays shown on drawing no: SCP/11100/D01 APPENDIX 4 Rev B have been provided.  The area within the visibility splays referred to in this condition shall thereafter be kept free of all obstructions, structures or erections exceeding 0.90 metres in height.

 

19.       Within 6 months of the grant of this planning permission, the highway improvement works incorporating two central refuges at the Mapperley Plains/Catfoot Lane junction shall  be carried out and completed in accordance with the Plan B - Improvement Works drawing (J13-086 3525 Rev F), the Highway Construction Details drawing (J13-086 3355 Rev C), and the S278 Method Statement, or in accordance with any minor variation to these details as may be sought by the Highway Authority through the resolution of the required S278 agreement, which shall be prior agreed in writing by the Borough Council.

 

20.       No part of the development hereby permitted shall become operational until a Travel Plan has been submitted to and approved in writing by the Borough Council.  The Travel Plan shall set out proposals (including targets, a timetable and enforcement mechanism) to reduce the traffic and environmental impacts of the development and shall include arrangements for monitoring of progress of the proposals.  The Travel Plan shall be implemented in accordance with the timetable set out in that plan and shall subsist for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

21.       No vegetation clearance or ground works shall take place on site during the bird nesting season (1st March to 31st August inclusive in any given year), unless pre-commencement checks for nesting birds have been undertaken by an appropriately qualified ecologist and the outcome reported to the Borough Council.  If any nesting birds are found to be present, details of any proposed mitigation measures shall be submitted to and approved in writing by the Borough Council before the development commences.  The mitigation measures shall be implemented in accordance with the approved details before development commences.

 

Reasons for Decision

 

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

 

2.         For the avoidance of doubt and to allow a proportionate approach to minor material amendments.

 

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

 

4.         To ensure that the means of enclosure are provided in accordance with the approved details, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

5.         To ensure that the alterations to the existing ground levels of the site are provided in accordance with the approved details, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

6.         To ensure that the means of surfacing of the development is provided in accordance with the approved details,  to ensure a satisfactory development in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

7.         To ensure that the proposed access gates are provided in accordance with the approved details, in the interests of highway safety and 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 and/or enclosure of the remaining land on the northern and eastern part of the site is provided in accordance with the approved details, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

9.         To ensure that the surface water drainage scheme is provided in accordance with the approved details; to prevent the increased risk of flooding; to improve and protect water quality; to improve habitat and amenity; and to ensure the future maintenance of the sustainable drainage structures, in accordance with the aims of Section 10 of the National Planning Policy Framework, Policies ENV1 and ENV40 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014) and Policy 1 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

10.       To ensure that the external plant is provided in accordance with the approved details, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

11.       To ensure that the external lighting is provided in accordance with the approved details, in the interests of visual amenity 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).

 

12.       To ensure that cycle stands are provided in accordance with the approved details, in accordance with the aims of Section 4 of the National Planning Policy Framework, Policy ENV1 of the Gedling Borough replacement Local Plan (Certain Policies Saved 2014).

 

13.       To ensure the landscape plan is implemented for the whole site in accordance with the approved details, in the interests of visual amenity and to enhance biodiversity, in accordance with the aims of Section 11 of the National Planning Policy Framework, Policies 10 and 17 of the Aligned Core Strategy for Gedling Borough (September 2014) and Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

14.       To ensure the ecological enhancements are implemented in accordance with the approved details to enhance biodiversity, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

15.       To ensure the landscape and ecological management plan is implemented in accordance with the approved details to maximise the value of new habitats and enhance biodiversity, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

16.       To ensure the scheme for the protection of the existing hedgerows and hedgerow trees is implemented in accordance with the approved details, to minimise any potential impacts on biodiversity and the landscape in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

17.       To ensure the recommendations in the updated badger survey are implemented to minimise any potential impacts on biodiversity, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

18.       To ensure that visibility splays are provided 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 ensure that the vehicular access and highway improvement works at the Mapperley Plains/Catfoot Lane junction are provided 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).

 

20.       To ensure the traffic and environmental impacts of the development are mitigated 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).

 

21.       To minimise any potential impacts on biodiversity in accordance with the aims of Section 11 of the National Planning Policy Framework and Policy 17 of the Aligned Core Strategy for Gedling Borough (September 2014).

 

Notes to Applicant

 

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 hdcsouth@nottscc.gov.uk  for details.

 

The Environment Agency advises that condition 9 should not be altered without its prior notification to ensure that the above requirements can be incorporated into an acceptable drainage scheme that reduces the risk of flooding.

 

The Environment Agency does not consider oversized pipes or box culverts as sustainable drainage.  Should infiltration not be feasible at the site, alternative above ground sustainable drainage should be used.

 

The Environment Agency advises that surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management.  Sustainable Drainage Systems (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.

 

The Environment Agency advises that there should be no siting of the package sewage treatment plant within 50 metres or upslope of any well, spring or borehole used for private water supply.  It should be noted that the private treatment plants may require a separate permit from the Environment Agency.  This would be additional to planning permission.

 

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.