Agenda item

Application Number 2018/0471 - Land at Ashwell Street, Netherfield

Minutes:

Construction of a new medical centre and pharmacy including associated car and cycle parking facilities, sub-station and landscaping.

 

Caitriona Kennedy, the applicant, spoke in support of the application.

 

RESOLVED:

 

To grant planning permission subject the following conditions:

 

Conditions

 

 1         The development must be begun not later than three years beginning with the date of this permission.

 

 2         This permission shall be read in accordance with the following plans submitted to the Local Planning Authority; drawing numbers 1442-99, 1442-200 Revision J, 1442-205 Revision A and 1442-300 Revision A received on 8th May 2018 and drawing 1442-100 Revision H received on 23rd July 2018 and the emails from the Agent received on 25th and 27th July 2018 confirming the appearance of the bin store and VRF enclosure screens and the height of the VRF enclosure screen.

 

 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 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 Local Planning Authority, 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 Local Planning Authority.  The remediation scheme and verification reporting shall be implemented as approved.

 

 4         Before development is commenced there shall be submitted to and approved in writing by the Local Planning Authority details of a Dust Management Plan.  The plan shall be produced in accordance with 'The Control of Dust and Emissions from Construction and Demolition' (Best Practice Guidance).  The plan shall be implemented in accordance with the approved details and shall be retained for the duration of the construction period.

 

 5         Prior to the erection of any external lighting there shall be submitted to and approved in writing by the Local Planning Authority details of all such lighting, including levels of illumination and a lux plot of the estimated luminance, to be provided on the proposed building or elsewhere within the site.  Any security lighting/floodlighting to be installed, shall be designed, located and installed so as not to cause a nuisance to users of the highway or adjacent properties. The external lighting shall be provided in accordance with the approved details and shall be retained for the lifetime of the development.

 

 6         Prior to the first occupation of the building hereby approved there shall be submitted to and approved by the Local Planning Authority 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 occupation of the building.  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 Local Planning Authority.

 

 7         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.

 

 8         The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) 2 May 2018, Ref: 21/0073/FRA, Clancy Consulting Limited, and the following mitigation measures detailed within the FRA:

 

            o          Finished floor levels are set no lower than 22.2m above Ordnance Datum (AOD).

 

 9         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 1442-100 Rev H. 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.

 

10        Notwithstanding the details submitted, the development shall not be brought into use until a Travel Plan has been implemented in accordance with a scheme and timescale which shall be first submitted to, and approved in writing by, the Local Planning Authority. The Travel Plan shall thereafter continue to be implemented as approved.

 

11        Prior to the commencement of development there shall be submitted to and approved in writing by the Local Planning Authority drainage plans for the proposed means of disposal of surface water.  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.

 

12        The development hereby approved shall not be brought into use until the off-site highway improvement works as indicated on drawing 20139-SK-0003 (Transport Statement Appendix D), with the exception of the bus stop works, have been implemented in full in accordance with precise details that have first been submitted to and approved in writing by the Local Planning Authority.

 

13        The development shall not be brought into use until the entry and exit markings to the new vehicular accesses have been marked out in accordance with precise details that have first been submitted to and approved in writing by the Local Planning Authority.

 

14        No part of the development hereby permitted shall be brought into use until the cycle parking layout as indicated on drawing 1442-100 Rev H has been provided and that area shall not thereafter be used for any purpose other than the parking of cycles.

 

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 define the terms of this permission.

 

 3         To ensure that practicable and effective measures are taken to treat, contain or control any contamination and to protect controlled waters.

 

 4         In the interests of residential amenity.

 

 5         In the interests of residential amenity.

 

 6         In the interests of visual amenity.

 

 7         To seek to ensure that the construction of the site provides appropriate employment and training opportunities.

 

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

 

 9         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.

 

10        In the interests of promoting sustainable travel.

 

11        To ensure the development is provided with a satisfactory means of drainage and to reduce the risk of creating or exacerbating a flooding problem.

 

12        In the interests of highway safety.

 

13        In the interests of highway safety.

 

14        To promote sustainable transport.

 

Reasons for Decision

 

The proposed development would not cause harm to the vitality and viability of the Netherfield local centre, would be of an acceptable design and appearance, would not cause undue harm to residential amenity, would not be detrimental to the surrounding highway network or highway safety and             would be acceptable in flood risk terms. The proposal would therefore meet with the objectives of the National Planning Policy Framework 2018, the Aligned Core Strategy Policies A, 1, 6, 10 and 12 and Local Planning Document Policies LPD 3, 32, 48, 49, 50, 57 and 61.

 

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

 

The Local Planning Authority has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework. During the processing of the application the plans have been amended to address concerns with respect to the impact that the development would have upon visual amenity.

 

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 ww.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

 

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 Daniel Sullivan 01159 773991 for details.

 

The Travel Plan coordinator and Final Travel Plan details should be discussed with Transport Strategy at Nottinghamshire County Council contact transport.strategy@nottscc.gov.uk .

 

To ensure that the appropriate application is submitted to provide No Waiting at Any Time restrictions, please contact mike.barnett@viaem.co.uk for further details

 

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.       

 

 

 

 

Supporting documents: