Agenda item

Construction of A4 public house with restaurant facilities & associated managerial residential accommodation at first floor (full application) & A3 restaurant or A5 hot food takeaway (outline application).

 

The Service Manager, Planning and Economic Development, presented the report, which has been circulated prior to the meeting, and made Members aware of a letter of objection received by the department following publication of the report.

 

The Service Manager, Planning and Economic Development, also informed Members of a number of amendments to conditions for the consideration of the Committee.

 

RESOLVED to GRANT PLANNING PERMISSISON subject to the applicant entering into a Section 106 Agreement for the provision of contributions towards air quality monitoring with Gedling Borough Council and towards travel plan monitoring with the County Council as Highway Authority and subject to the following conditions:

 

Conditions

 

 1         Application for approval of reserved matters relating to the employment element (namely layout, appearance, scale and landscaping) shall be made not later than three years beginning with the date of this permission and the development shall be begun not later than two years from the final approval of the reserved matters or, in the case of approval of the reserved matters on different dates, the final approval of the last such matter to be approved.

 

 2         The development hereby approved for full planning permission relating to the construction of the retail element, an A1 retail unit with ancillary restaurant and concession units, service yard, car parking, landscaping and highway works must be begun not later than three years beginning with the date of this permission.

 

 3         This development hereby granted full planning permission shall be completed in accordance with drawing nos.A-PL-01 Rev B, A-PL-03 Rev A, A-PL-11 Rev D, A-PL-12 Rev A, A-PL-13 Rev A, A-PL-14 Rev A, A-PL-15 Rev A, A-PL-16 Rev A, A-PL-17 Rev A, A-PL-20 Rev A, A-PL-21 Rev A, and the landscaping details and notes detailed on drawing nos.GC.81800.001 Rev A, GC.81800.301 Rev A, GC.81800.302 Rev A, except where further details are required for approval by other conditions of this planning permission.

 

 4         Prior to the commencement of development of the retail elements(excluding any site clearance and remediation works as required by condition 8) a sample panel of materials to be used in the external elevations of the food store building, kiosk and carwash, shall be submitted to and approved in writing by the Borough Council.  Once approved the development shall be completed in accordance with the approved materials.

 

 5         The retail and employment elements shall be carried out in accordance with the measures set out under the Air Quality Mitigation Strategy dated 22nd July 2013.  A verification report to demonstrate compliance with the Air Quality Mitigation Strategy shall be submitted to and approved in writing by the Borough Council before the respective elements are first brought into use.

 

 6         The development hereby granted full planning permission shall be completed in accordance with the tree constraints and protection plans and notes drawing nos.GC.81800.201 and GC.81800.202.

 

 7         There shall be no vegetation clearance and demolition works during the main bird nesting period (March - August), unless otherwise prior agreed in writing with the Local Planning Authority.

 

 8         Prior to the commencement of development of the retail or employment element (excluding site clearance), an investigation and contamination risk assessment report relating to the respective element detailing those areas and / or contaminants not covered within the Ground Conditions Chapter of the submitted Environmental Statement shall be provided to the Local Planning Authority. If the information submitted with the application or within this additional report indicates that remediation is necessary, details of a remediation scheme for the respective element shall be submitted to and approved in writing by the local planning authority. The remediation scheme shall include all works to be undertaken, remediation objectives and remediation criteria, a timetable of works and site management procedures and shall be carried out in accordance with the approved details and timetable of works. Written notification of the commencement of the remediation scheme for the respective element shall be given to the Local Planning Authority at least 2 weeks before the start of the remediation works and a validation report that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the respective element. If during the course of development contamination not previously identified is found to be present at the site, no further development other than that agreed in writing with the local planning authority shall be carried out until an amendment to the remediation scheme giving details on how to deal with this contamination has been submitted to and approved in writing by the Local Planning Authority. The remediation measures shall thereafter be carried out in accordance with the approved amended details.

 

 9         Prior to the occupation of the retail or employment elements details of bat and bird boxes to be incorporated within the approved relevant element shall be submitted to and approved in writing by the Borough Council.  Once approved the bat and bird boxes shall be installed in accordance with the approved details prior to the relevant element being brought into use.

 

10        Prior to the commencement of development of the retail or employment elements(excluding any site clearance and remediation works as required by condition 8) drainage plans for the disposal of surface water and foul sewage relating to the respective element shall be submitted to and approved in writing by the Borough Council.  The drainage scheme shall be implemented in accordance with the approved details before the respective element is first brought into use.

 

11        The retail elements hereby approved shall not be brought into use until full details of the Local Employment Partnership, as outlined in Appendix 11 of the Planning and Retail Report submitted as part of this application, has been submitted to and approved in writing by the Local Planning Authority and evidence has been provided to demonstrate that the partnership has been established. In addition the details to be submitted shall also set out how the partnership shall be sustained throughout the life time of the development. The development shall thereafter operate in accordance with the approved Local Labour Agreement.

 

12        Prior to the occupation of the retail element details of the retail unit car park barrier, including a management plan for the car park barrier, shall be submitted to and approved in writing by the Borough Council.  The management plan shall include details of the times and respective days that the gates will be opened and closed as well as details of who will be responsible for ensuring the gates are opened and closed at these times.  Once approved the proposed car park barrier shall be installed prior to the retail unit first being brought into use and operated in accordance with these details at all times unless otherwise agreed in writing by the Borough Council.

 

13        Prior to the commencement of development of the retail and employment elements (excluding any site clearance and remediation works as required by condition 8), a Construction Management Plan for the respective element shall been submitted to and approved in writing by the Borough Council.  The Construction Management Plan shall demonstrate that the works can be carried out without affecting or causing any obstruction to Carlton Footpaths 22 and 23.  The respective element shall be completed in accordance with the approved relevant Construction Management Plan.

 

14        The development shall not be occupied until the following works have been provided in accordance with details that have been first agreed with the Local Highway Authority: a) A new signalised junction has been provided on to the Colwick Loop Road. b) Highway improvements have been provided at Colwick Loop Road / Road No1 junction.  c) Highway improvements have been provided at A612 / Burton Road / Shearing Hill junctions to the satisfaction of the Local Planning Authority.

 

15        The retail and employment elements shall not be brought into use until the access roads parking, turning and servicing areas relating to the respective element are surfaced in a hard bound material and delineated on site, to the satisfaction of the Local Planning Authority. The surfaced areas and any parking or turning areas shall then be maintained in such hard bound material for the life of the development.

 

16        The retail and employment elements shall not be brought into use until a scheme relating to the respective elements to regulate the discharge of surface water from the access roads, parking, turning and servicing areas to the public highway is submitted and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the respective element being brought into use.

 

17        The food store element hereby permitted shall not be brought into use until the cycle parking layout as indicated on drawing A-PL-04 / C has been provided and that area shall not thereafter be used for any purpose other than the parking of cycles.

 

18        The retail elements shall not be occupied until the off-site traffic management works comprising of a weight restriction on Mile End Road have been provided in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.

 

19        Prior to the commencement of development (excluding any site clearance and remediation works as required by condition 8) details of measures to prevent the deposit of debris upon the adjacent public highway as a result of the construction of any part of the retail or employment elements shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented in accordance with the agreed measures, and retained in situ until construction of the respective elements is available for use.

 

20        The retail or employment elements shall not be occupied until a Full Travel Plan for the respective element has been submitted to and approved in writing by the local planning authority. The Travel Plan shall set out proposals (including targets, a timetable and enforcement mechanism) to promote travel by sustainable modes which are acceptable to the local planning authority 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 unless otherwise agreed in writing by the local planning authority

 

21        The retail and employment elements shall be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures: a) As a minimum, proposed floor levels will be set with a freeboard of 600mm above existing ground levels. b) Other than in those areas where levelled or graded access is required to or from a building or to provide vehicular access into and between the respective elements, external finished ground levels will be no less than 300mm below the proposed floor level of the nearest building. c) Where local flooding occurs surface water runoff is to be routed away from the buildings along the footways and roadways to the drainage system.  The mitigation measures for each respective element shall be fully implemented prior to occupation of the respective element.

 

22        Prior to the commencement of development of the retail or employment elements (excluding any site clearance and remediation works as required by condition 8), a scheme to provide an evacuation plan for the respective element shall be submitted to, and approved in writing by, the local planning authority, in consultation with their emergency planner.  The approved scheme for the respective element shall be fully implemented and subsequently maintained.

 

23        Prior to the commencement of development of the retail and employment elements (excluding any site clearance and remediation works as required by condition 8) a scheme to provide flood resilience design for the respective element shall be submitted to, and approved in writing by, the local planning authority, in consultation with the Council's emergency planner.  The scheme for each element shall be fully implemented and subsequently maintained.

 

24        Prior to the commencement of development of the retail or employment elements (excluding any site clearance and remediation works as required by condition 8), a surface water drainage scheme for the respective element, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, shall be submitted to and approved in writing by the local planning authority. The respective scheme should demonstrate the surface water run-off generated up to and including the 1 in 100 year plus climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The respective scheme shall subsequently be implemented in accordance with the approved details before the respective element is brought into use. The scheme shall include: a)            The utilisation of sustainable drainage techniques, including rainwater harvesting for the supermarket and permeable paving within the retail element; b) Limitation of the runoff rate to a 20% betterment from the existing drainage conditions for the retail element (limiting discharge to 4.7l/s/ha (QBAR)); and a 10% betterment for the employment element (limiting discharge  to 5.3l/s/ha (QBAR));as detailed in a letter dated 16th September 2013 from Morgan Tucker.  c)            Water quality management incorporated within the design, with two forms of treatment prior to discharge from the site; d) Demonstration through hydraulic calculations that appropriate attenuation is to be provided to limit the rate of runoff from the site; e)         Confirmation of responsibility and management of the drainage features on construction of the scheme.

 

25        Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

 

26        Prior to the commencement of development of thepetrol filling station (excluding any site clearance and remediation works as required by condition 8) a scheme to install petrol storage tanks shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall include the full structural details of the installation, including details of: excavation, the tank(s), tank surround, associated pipework and monitoring/ leak detection system, along with: a)            Proposed method of petrol storage; b)     Justification for this method of storage; c) Groundwater levels for this specific part of the site; d) Site specific risk assessment outlining the volume, type of pollutants being stored and the hydrogeological situation. Where potential risks have been identified, the Local Planning Authority will require mitigation measures to be implemented to ensure that there is no release of hazardous substances into the Secondary Aquifer.

 

27        The schemes approved under conditions 21, 22, 23, 24 and 25 shall be fully implemented and subsequently maintained in that form.

 

28        Notwithstanding condition 3 above, prior to the commencement of development of each of the elements below (excluding any site clearance and remediation works as required by condition 8), details of each matter, together with timescales, shall be submitted to and approved in writing by the Local Planning Authority.

 

a) Electric charging points for customer vehicles.

b) Sprinkler tanks, including their colour and appearance.

c) The design, height and colour of the service yard enclosure and its gates.

d)  The appearance of the car wash (including materials and lighting).

e) The appearance of the covered walkway across the walkway (including materials and lighting).

f)  The materials and design of trolley storage areas, both within the car park and adjacent to the food store.

g) The details of the height, materials and design of the bollards/barriers around the food store building.

h) Plans for providing shelter to motorcycle parking.

g) The size, location and appearance of the proposed new bus stops on the site.

h) Boundary treatment of the perimeter of the site, and around the recycling area.

i) The appearance of the plant to be sited on the roof, and if required any screening or acoustic enclosure.

 

29        Prior to the commencement of development of the employment elements (excluding any site clearance and remediation works as required by condition 8) a viability assessment for additional renewable energy installations shall be submitted to the Local Planning Authority. If these prove viable, including those producing power only for the site's use, full details of the proposed installations shall be submitted for the approval of the Local Planning Authority and installed until technologically obsolete.

 

30        Prior to occupation of the food store, petrol station or car wash, a scheme detailing all external lighting, including details of the height of any lighting columns, the design of lamp assembly, the spread of light beyond the site boundaries and the hours of illumination, shall be submitted for the approval of the Local Planning Authority, and the approved details to be implemented and maintained in that form.

 

31        The floor area of the employment development shall not exceed 9895 sq. m. gross internal floor area, unless otherwise agreed by the Local Planning Authority.

Reasons

 

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

 

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

 

 3         For the avoidance of doubt.

 

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

 

 5         In order to assist in the protection of air quality.

 

 6         In the interests of good arboricultural practice.

 

 7         In order to protect and enhance habitats on the site in accordance with the aims of Paragraph 118 of the National Planning Policy Framework (2012).

 

 8         In order to assist in the protection of air quality.

 

 9         In order to enhance habitats on the site in accordance with the aims of Paragraph 118 of the National Planning Policy Framework (2012).

 

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

 

11        To ensure that the development meets some of the requirements for sustainable development.

 

12        In the interests of crime prevention.

 

13        In order to ensure Carlton Footpaths 22 and 23 are kept available for use both during and after the construction period and the users of the footpaths are not impeded or endangered in any way.

 

14        To ensure that the traffic accessing the development does not give rise to  highway danger, traffic problems and loss of residential amenity.

 

15        To ensure that an adequate level of off street parking is provided for the needs of the development.

 

16        To regulate the discharge of surface water from the site onto to the public highway to prevent traffic and highway problems

 

17        To ensure the provision of cycle parking in order to support use by non car borne customers and staff.

 

18        To prevent heavy goods vehicles travelling along residential roads to access the site, in the interests of residential amenity.

 

19        To prevent the deposit of debris on the highways around the site, in the interest of highway safety.

 

20        To enable, encourage and facilitate visitors to the site to use non-car means of transport

 

21        To reduce the risk of flooding to the proposed development.

 

22        To enable a safe means of egress from the site during an extreme flood event.

 

23        To reduce the impact of flooding on the development.

 

24        To prevent the increased risk of flooding, both on and off site and to manage surface water in a sustainable manner.

 

25        To ensure that there is no mobilisation/ migration of contamination into the underlying aquifer.

 

26        To ensure that there is no mobilisation/ migration of contamination into the underlying aquifer.

 

27        To ensure the development is implemented in a manner which does not increase the risk of flooding, both on and off site, to manage surface water in a sustainable manner and prevent contamination.

 

28        These detailed matters were not included on the submitted plans and require the approval of the Local Planning Authority in the interests of visual amenity.

 

29        To assist in satisfying energy demand from renewable energy sources.

 

30        To ensure that external illumination does not affect highway safety or residential amenity.

 

31        To define the consent

 

Reasons for Decision

 

The proposed development accords with the relevant policies of the Local Plan and the National Planning Policy Framework.

 

Notes to Applicant

 

Your attention is drawn to the attached comments of the Rights of Way Officer.

 

You are advised that further consents may be required for advertisements and signage, and you should contact the Borough Council prior to carrying out any such works.

 

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 the County Highway Authority for details.

 

The proposed off-site highway works referred to in condition 5 requires a Traffic Regulation Order before the development commences to provide off-site mitigating works. The developer should note that the Order can be made on behalf of the developer by Nottinghamshire County Council at the expense of the developer. This is a separate legal process and the Applicant should contact the County Highway Authority for details.

 

Washdown from the car wash should be discharged to foul sewer. This washdown should not be discharged via an oil separator as detergents in the washdown will render the separator ineffective. Car wash liquid waste is classed as trade effluent. Before discharging to a sewer you must always get a trade effluent consent or enter into a trade effluent agreement with your water and sewerage company or authority. If you are not able to discharge effluent to the foul sewer it will be classed as waste and you must then comply with your duty of care responsibilities. More information regarding the discharge of trade effluent can be found at www.netregs.gov.uk http://publications.environment-agency.gov.uk/pdf/PMHO0307BMDX-e-e.pdf

 

The hazardous substances consents for Esso Petroleum Company Ltd and Chevron Ltd are in the process of being revoked, however condition 32 has been attached to this permission on the advice of HSE.

 

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework.