Agenda item

New access road linking the new Hawthorne Primary school to Moor Road, Bestwood.

The Service Manager – Development Services introduced the report.

RESOLVED that subject to no further material planning considerations being raised following the expiry of the Statutory Press Notice Consultation period - The Borough Council GRANTS 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 hereby approved shall be constructed in accordance with the details within the Application Form, Drawings, and Submission Documents received on 9th June 2018 drawing no's: Planning Statement dated 8th June 2018; RT-MME-126954-01 (Arboricultural Survey - Middlemarch Environmental); N1100/2 - GA_104 (School Access Road); N1100/2 - GA_105 (Site Location Plan); and N1100/2 - GA_107_A (Proposed Vegetation Alterations).

 3         The new link road cannot be utilised unless or until; a suitable access arrangement as shown for indicative purposes on drawing number 13152-010  has been provided to the satisfaction of the Local Planning Authority.

 4         No part of the New Access Road hereby permitted shall be provided until details of the new road have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross sectional gradients, visibility splays, traffic regulation orders, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. The access road shall be implemented in accordance with these details to the satisfaction of the Local Planning Authority.

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 an adequate form of access arrangement is provided in the interests of highway safety

 4         To ensure the new link road is constructed to adoptable standards.

Reasons for Decision

The development has been considered in accordance with the National Planning Policy Framework, the Aligned Core Strategy for Gedling Borough (September 2014) The Gedling Borough Replacement Local Plan (Certain Policies Saved 2014), and the Local Planning Document Part 2 where appropriate.  In the opinion of the Borough Council, the proposed development largely accords with the relevant policies of these frameworks and plans.  Where the development conflicts with the Development Plan, it is the opinion of the Borough Council that other material considerations indicate that permission should be granted.  The benefits of granting the proposal outweigh any adverse impact of departing from the Development Plan.

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

The link road should be designed to Nottinghamshire County Councils Highway Design guidance link http://www.nottinghamshire.gov.uk/transport/roads/highway-design-guide  and an appropriate agreement entered into with the Highway Authority to enable construction of the highway

An application is to be made for a Traffic Regulation Order to reduce the speed limit on Moor Road from 40mph to 30mph to facilitate the access arrangement to the link road which is to be undertaken at the applicants' expense. All correspondence with the Highway Authority should be addressed to: - NCC (Highways Development Control) (Floor 3), Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford.

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.

It is strongly recommended that the developer contact the Highway Authority at an early stage to clarify the codes etc. with which compliance will be required in the particular circumstance, and it is essential that design calculations and detailed construction drawings for the proposed works are submitted to and approved by the County Council (or District Council) in writing before any work commences on site.

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.

The applicant should note that notwithstanding any planning permission that if any highway forming part of the development is to be adopted by the Highways Authority. The new roads and any highway drainage will be required to comply with the Nottinghamshire County Council's current highway design guidance and specification for roadworks.

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 meeting the applicant to discuss issues raised, 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.

Date Recommended: 28th June 2018