Agenda item

Demolition of club and erection of restaurant with drive through facility, car park and amended access.

 

Mr Peach, the Senior Acquisitions Manger for the applicant, spoke in support of the proposed development.

 

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 shall be built in accordance with the details as contained within the Planning Statement, the Design and Access Statement, The Flood Risk Assessment, the Transport Statement and the plan drawing numbers XXX/2013/A110D, XXXX/2013/A102B, XXXX/2014/A100E and the ordnance survey plan received on the 8th June 2013.

 

3.         Before development is commenced there shall be submitted to and approved in writing precise details and samples of the materials to be used in the construction of the building. Once these details are approved the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

4.         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 and shrubs proposed to be planted and including where appropriate details of existing trees to be felled and retained. The approved landscape scheme shall be carried out in the first planting season following the substantial completion of the development and 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.

 

5.         Before development is commenced there shall be submitted to and approved in writing precise details of the lighting columns proposed to be erected at the site. This shall include details of how the lights are to be angled and shielded. The lighting scheme shall be implemented in accordance with the approved details prior to the development being first brought into use and shall then be retained thereafter at all times.

 

6.         Before development is commenced there shall be submitted to and approved in writing precise details of a suitable barrier, gate or collapsible bollards to be erected to the entrance to the site including precise details of where these will be positioned. Once these details are approved the agreed barrier, gate or collapsible bollards shall be erected to the entrance of the site prior to the site being first brought into use and retained thereafter at all times in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

7.         The agreed barrier, gate or collapsible bollards as approved under condition 6 shall be utilised when the building is unattended in order to prevent vehicles entering and leaving the site.

 

8.         Before development is commenced there shall be submitted to and approved in writing precise details of the proposed solar panels to be installed on the building including details of the siting, number, design and size of the proposed solar panels and a timescale for the implementation of the works to be undertaken. Once these details are approved the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

9.         Before development is commenced there shall be submitted to and approved in writing precise details of any air conditioning units, condensers, extraction units and ducting to be installed to the building. This shall include full specification details together with details of the siting of the units. Once these details are approved the development shall be carried out in accordance with the approved details prior to the development being first brought into use unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

 

10.       No part of the development hereby permitted shall be brought into use until the site access arrangements including road markings and a 'turn left' sign as shown on plan reference XXXX/2014/A001 Revision E have been provided. Once these access arrangements have been provided these shall be retained thereafter at all times unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

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11.       Prior to the development hereby approved first being brought into use, individual parking spaces and internal road marking shall be clearly marked out on site in accordance with the approved plan reference XXXX2014/A001 Revision E. The car parking spaces shall be kept available for parking in association with the development thereafter.

 

12.       No part of the development hereby permitted shall be brought into use until the access, parking and turning areas are surfaced in a hard bound material (not loose gravel). The surfaced access, parking and turning areas shall then be maintained in such hard bound material for the life of the development.

 

13.       No part of the development hereby permitted shall be brought into use until such time as details of guard railing or similar to be erected on the central reserve of Victoria Way between the roundabout and the traffic signalised junction (A612 Colwick Loop Road) have been submitted to and approved in writing by the Local Planning Authority. The erection of such guard railing or similar shall then be carried out in accordance with the approved details to the satisfaction of the Highway Authority.

 

14.       No part of the development hereby permitted shall be brought into use until the cycle parking as shown on plan reference XXXX/2014/A001 Revision E has been provided and that the cycle parking area shall be retained therafter at all times.

 

15.       The development shall be carried out in accordance with the approved Flood Risk Assessment (FRA) May 2013/ NTW/2160/FRA Rev C/ Beth Kendrick BWB consulting and Proposed Site Plan/April 2013/Drawing No. XXXX/2014/A001 and the following mitigation measures detailed within the FRA:Finished floor levels are set no lower than 21.00m Above Ordnance Datum (AOD). The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

 

16.       Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall demonstrate:

            The utilisation of holding sustainable drainage techniques;
The limitation of surface water run-off to equivalent rates with a betterment of 20%;
The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and
Responsibility for the future maintenance of drainage features.

 

17.       The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been 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.

 

18.       Unless otherwise agreed by the Local Planning Authority, development must not commence until the following has been complied with: a) Site Characterisation An assessment of the nature and extent of any potential contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must 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. b) Submission of Remediation Scheme Where required, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) should be submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. c) In the event that remediation is required to render the development suitable for use, the approved remediation scheme shall be implemented in accordance with the approved timetable of works specified within the approved remediation scheme. d) 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 the requirements above, 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.

 

19.       The building hereby approved shall only be used for A3 Uses and for no other purpose under The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 or any equivalent provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

 

Reasons

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10.       In the interests of highway safety.

 

11.       In the interests of highway safety.

 

12.       In the interests of Highway safety.

 

13.       In the interests of highway safety.

 

14.       In the interests of highway safety.

 

15.       To reduce the risk of flooding to the proposed development and future occupants.

 

16.       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.

 

17.       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 minimise the risk of pollution.

 

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

 

19.       To ensure the vitality and viability of the designated shopping areas are protected in accordance with Policy S11 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2008).

 

Reasons for Decision

 

In the opinion of the Borough Council there are no sequentially better sites within the centres that are suitable, available or achievable and there will be no significant impact on the vitality or viability of existing centres.  The proposal results in no significant impact on neighbouring properties, the area in general or highway safety. The proposal therefore accords with the policies as set out within the National Planning policy Framework, policies ENV1, S11, and C4 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2008).  The mitigation measures detailed in the Flood Risk Assessment will ensure the completed development raises no flood risk issues.

 

Notes to Applicant

 

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.

 

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.

 

Your attention is drawn to the attached comments from Nottinghamshire County Council's Rights of Way Team.

 

The applicant needs to ensure that during the construction period there will be no mud, debris will be transported to the adjacent roads. 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.

 

Your attention is drawn to the attached comments from the Environment Agency.

 

In order to carry out the off-site works (access/exit to the site including signing, road marking, provision of tactile paving and erection guard railing), you will be undertaking work in the public highway which is the 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 these works you will need to enter into an agreement under Section 278 of the Act. Please contact Paul Ghattaora on 0115 9772117 for details at an early stage.