Agenda item

Demolition of an existing pub building, replaced with a three storey mixed use building consisting of 3 x A1 (Shops) or A5 (Hot Food Takeaway) retail units and 14 x 2-bed flats.

 

The Service Manager, Development Services introduced the application.

 

RESOLVED to GRANT PLANNING PERMISSION subject to the applicant entering into a Section 106 Agreement with the County Council for a contribution towards primary and secondary education 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 and implemented in accordance with the following approved plans and documents: Design and Access Statement (Means of Surfacing and Ventilation Extracts), received on 29th July 2017; Proposed GA Floor Plans and Roof Plan (20-006 Rev A), Proposed Elevations (20-007 Rev A), and Drainage Strategy Report, received on 9th February 2017; and Proposed Site Plan (70-003 Rev D), received on 20th February 2017.

 

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, excluding the demolition of the existing buildings, there shall be submitted to and approved in writing by the Borough Council an environmental noise assessment and details of a sound insulation scheme.  The environmental noise assessment shall include the imact of any transportation noise, and noise from people on the street, and shall be carried out whilst any premises and/or activities in the vicinity that are likely to have an adverse effect on noise levels are operating.  In addition, it shall include predicted noise levels for any plant and equipment which would form part of the development, octave band analysis and all assumptions made (e.g glazing and facade areas).  The sound insulation scheme shall include the specification and acoustic data sheets for glazed areas of the development and any complementary acoustical ventilation scheme and be designed to achieve the following internal noise levels: (1) Not exceeding 30 dB LAeq (1 hour) in bedrooms for any hour between 23.00 and 07.00; (2) Not exceeding 35 dB LAeq (1 hour) for bedrooms and living rooms for any hour between 07:00 and 23:00; (3) Not more than 45 dB LAmax (5 minutes) in bedrooms (measured with F time weighting) between the hours of 23.00 and 07.00.  Before the development hereby permitted is first occupied, verification that the approved sound insulation scheme has been implemented in accordance with the approved details and is fully operational shall be submitted to and be approved in writing by the Borough Council.  The sound insulation scheme shall thereafter be retained for the lifetime of the development, unless otherwise prior agreed in writing by the Borough Council.

 

5.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council cross-sections through the site showing details of the existing and proposed site levels in relation to adjacent properties, including finished floor levels.  The development shall be implemented in accordance with the approved details, 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 a Parking Management Plan, which shall demonstrate how bays 1 to 14 of the proposed resident's parking area will remain available for use by the occupants of the flats at all times.  The Plan 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.

 

7.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of cycle stands to serve the proposed retail units and flats.  The cycle stands 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.

 

8.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of a scheme to prevent the unregulated discharge of surface water from the access and egress routes, parking, turning and servicing areas onto the public highway.  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.

 

9.         Before development is commenced there shall be submitted to and approved in writing by the Borough Council details of all external plant, including extract units, air conditioning systems, flues, fans & vents.  The external plant 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.

 

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, to be provided on the proposed building or elsewhere within the site.  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 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.

 

12.       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, which shall include provision for pedestrian access from Southcliffe Road.  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.

 

13.       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 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.

 

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.       Before development is commenced there shall be submitted to and approved in writing by the Borough Council a bat activity survey of the existing building and any recommended mitigation measures.  Any mitigation measures shall be implemented in accordance with the approved details.

 

16.       The access and egress 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 specified in condition 2 above before the development is first brought into use and the parking, turning and servicing areas shall not be used for any purpose other than the parking, turning, loading and unloading of vehicles, for the lifetime of the development.

 

17.       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.

 

18.       The retail units hereby permitted shall only be used for purposes falling within Class A1 (Shops) or Class A5 (Hot Food Takeaways) of the Town and Country Planning (Use Classes) Order 1987, or any Order revoking and re-enacting that Order, as specified in the email from the applicant's agent on 16th February 2017.  Only two of the three retail units hereby permitted shall be used for purposes falling within Class A1 (Shops) at any time, unless otherwise prior agreed in writing by 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 and to allow a proportionate approach to minor material amendments.

 

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.         To protect the occupants of the proposed development, in accordance with the aims of Section 11 of the National Planning Policy Framework.

 

5.         To ensure a satisfactory development in accordance with the aims of 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).

 

6.         To ensure a satisfactory development and 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 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).

 

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

 

9.         To ensure that the details of external plant are satisfactory, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

10.       To ensure that the details of external lighting are satisfactory 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).

 

11.       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).

 

12.       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).

 

13.       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).

 

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 minimise any potential impacts on 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).

 

16.       In the interests of highway safety 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).

 

17.       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).

 

18.       For the avoidance of doubt and to ensure compliance with Policy 51 of the Local Planning Document Publication Draft (Part 2 Local Plan), May 2016.

 

Reasons for Decision

 

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

 

You must contact the Borough Council's Building Control Section with regard to any proposed demolition of buildings on the site at least 4 weeks prior to any site clearance commencing.

 

The environmental noise assessment shall be suitable and sufficient, where appropriate shall consider the impact of vibration, and shall be undertaken by a competent person having regard to BS 7445: 2003 Description and Measurement of Environmental Noise and any other appropriate British Standards.  The internal noise levels referred to are derived from BS 8233: 2014 Sound Insulation and Noise Reduction for Buildings.  The approved sound insulation scheme must be maintained and, in the case of mechanical ventilation, must be maintained, serviced and operated in accordance with manufacturer's recommendations.

 

The applicant's 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 the Borough Council might help decrease levels by incorporating mitigation measures into scheme design as standard.(See: http://www.gedling.gov.uk/planningbuildingcontrol/planningpolicy/emerginglocalplan/supplementaryplanningdocuments/ )The Borough Council would also ask that the developer considers the commitment to incorporate provision for an EV (electric vehicle) charging point(s); to allow employees and/or clients/visitors to charge electric/plug-in hybrid vehicles whilst on site.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 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 bats be found during demolition, work must stop immediately.  If the bats do not voluntarily fly out, the aperture shall 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 (08451 300228) or an appropriately qualified ecologist should be contacted immediately for further advice and any advice must be followed before any further demolition work takes place.

 

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.