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Agenda item

Application No 2016/0414- Development Next To 64 Byron Street, Daybrook , Nottinghamshire.

Minutes:

Councillor Miller left the meeting.

 

(Revised Plans) The erection of 21 residential apartments on land to the Rear of Majestic Wines.

 

The Service Manager – Development Services, introduced the report and provided context to the revised recommendation, which was circulated to Members.

 

RESOLVED:

 

That the Borough Council GRANT FULL PLANNING PERMISSION, in accordance with the planning application ref 2016/044, subject to the provision of a Unilateral Undertaking given to the satisfaction of the Borough Council (such determination to be delegated to the Service Manager for Planning in consultation with the Director of Organisational Development and Democratic Services) for the provision of Affordable Housing; 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 constructed strictly in accordance with the following approved and revised plans submitted with the application drawing numbers: L001 revA (Site Plans) 17.10.16; L100 revJ(Proposed Site Layout) 24.10.16; P100 revB (Proposed Plans - Ground & First Floor) 14.09.16; P101 revB (Proposed Plans - Second Floor & Roof) 14.06.16; P110 rev D (Elevations) 07.11.16; P111 revC (Elevation Materials) 07.11.16; P112 rev E (Proposed Streetscene) 07.11.16; P113 revC (Block Elevations) 07.11.2016; P120 revB (Site Sections) 25.10.16; S110 revH (Proposed Site Layout) 28.10.16; S111 revC (Proposed Site Layout - Indicating Survey) 14.09.16; S112 revB (Proposed Site Layout - Site Visibility) 14.09.16; S113 revB (Site Plan - Vehicle Tracking) 14.09.16; S114 rev B (Site Plan - Constraints) 14.09.16; M100 rev A (Street Image - Existign and Proposed); Design and Access Statement 02.09.16; S115 (Site Constraints 2) 22.09.16; Tree Survey Report 18.10.16; 1542-001 (Tree Survey Report Plan) 18.10.16; S116 (Vision Splays) 24.10.16; S120 (Site Coordinates) 03.11.16; GEDA (Dust Management Plan) 07.11.16; (SK)1000 revD (Swept Path Analysis) 03.11.16; and (SK)1002 and revC (S184 Vehicle Access Detail) 03.11.16.

 

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 Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site. An assessment must be undertaken in accordance with good practice and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

 

4.         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.

 

5.         Within 3 months from the date of this permission drainage plans for the disposal of surface water and foul sewage shall be 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 and shall be retained for the life of the development, unless otherwise agreed in writing by the Local Planning Authority.

 

6.         No part of the development hereby permitted shall be brought into use until the accesses and dropped vehicular footway crossing/s are available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

 

7.         No part of the development hereby permitted shall be brought into use until the parking, turning and servicing areas are surfaced in a bound material with the parking bays clearly delineated in accordance with drawing number 'Vehicle Access Detail', drawing no. SK 1002 Rev B. The parking, turning and servicing 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, turning and loading and unloading of vehicles.

 

8.         No part of the development hereby permitted shall be brought into use until the existing site access on Byron Street which currently serves Majestic Wine that has been made redundant and is permanently closed and access crossings are reinstated as footway in accordance with details to be first submitted to, and approved in writing by, the Local Planning Authority.

 

9.         Within 3 months of the date of this permission, 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.       Within 3 months from the date of this permission 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, shrubs, and soft landscaping proposed to be planted. The details shall include the precise location of the proposed highway lime tree/s to be planted to the front of the application site. Once approved the landscape plan shall be implemented strictly in accordance with the approved details and shall be carried out in the first planting season following substantial completion of the development. 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.

 

 

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, in accordance with the aims of Section 11 of the National Planning Policy Framework and Policies ENV1 and ENV3 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2014).

 

4.         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).

 

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

 

6.         In the interests of Highway safety.

 

7.         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.

 

8.         In the interests of Highway safety.

 

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

 

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

 

The proposal makes it necessary to construct vehicular crossing/s and reinstatement of the redundant crossing over a footway of the public highway. These works shall be constructed to the satisfaction of the Highway Authority. You are, therefore, required to contact the County Council's Customer Services to arrange for these works on telephone 0300 500 80 80.to arrange for these works to be carried out.

 

Any essential maintenance to the tree marked TCL: 77.41 within the application site, shown on the site location plan reference: 10684/S110/G, shall be carried out in accordance with the relevant consent received from Nottinghamshire County Council as the Highway Authority at the expense of the applicant or their successors in title.

 

Severn Trent Water advise that although our statutory sewer records do not show any public sewers within the area you have specified, there may be sewers that have been recently adopted under the Transfer Of Sewer Regulations 2011. Public sewers have a statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which both protects the public sewer and the building.

 

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.

 

Your attention is drawn to an informal planning guidance document which has been produced to try and define what sustainable development means in the context of air quality, and how to decrease levels by incorporating mitigation measures into scheme design as standard. (see: http://gedling.gov.uk/planningbuildingcontrol/planningpolicy/emerginglocalplan/supplementaryplanningdocuments/). It is therefore requested commitment to incorporate provision for an EV (electrical vehicle) charging point per dwelling; to allow future residents to charge electrical/hybrid vehicles into the future. Reference can be made to guidance produced by IET 'Code of Practice for EV Charging Equipment Installation' for details of charging points and plugs specifications.

 

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 not payable on the development hereby approved as the development type proposed is zero rated in this location.

 

 

 

Supporting documents:

 


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