Skip to additional navigation Skip to content

Council and Democracy

Agenda item

Planning Applications

The report of the Executive Manager – Communities is attached.

Minutes:

The Committee considered the written report of the Executive Manager - Communities relating to the following applications, which had been circulated previously.

 

As ward Councillors for Cotgrave Councillor Richard Butler and Councillor Leo Healy withdrew from the meeting and did not take part in the following discussion. The Vice-Chairman took the Chair.

 

19/02209/FUL – Construction of 4 no replacement retail units following demolition of the existing run of retail units approved under prior approval 19/01047/DEMOL, with associated access, parking and hard and soft landscaping – Cotgrave Shopping Centre, Candleby Lane, Cotgrave, Nottinghamshire.

 

In accordance with the Council’s public speaking protocol Councillor Richard Butler (ward Councillor) addressed the committee on behalf of an objector.

 

DECISION

 

GRANT PLANNING PERMISSION FOR THE REASONS SET OUT IN THE REPORT SUBJECT TO THE FOLLOWING CODNITIONS.

 

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

 

[To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004].

 

 2.        The development hereby permitted shall be carried out strictly in accordance with the following approved plans:

 

3522 01C SITE LOCATION PLAN

3522 02L-SITE BLOCK PLAN

3522 03J-PROPOSED FLOOR PLANS

3522 05D PROPOSED ELEVATIONS

3522 06 PROPOSED CGIS 1

3522 07 PROPOSED CGIS 2

3522 12 Proposed Context Elevations

COTG-A-2001 B

Proposed External Levels CGP4-BSP-ZZ-XX-DR-C-210 P4

Swept Path Analysis CGP4-BSP-ZZ-XX-DR-C-SK03 P2

Proposed drainage layout CGP4-BSP-ZZ-XX-DR-C-240 P4

Design and access statement, Tree report, Historic Environment Desk-Based Assessment, Cotgrave Shopping Precinct,

Phase 2 Ecological Appraisal, Drainage Strategy,Car Parking Appraisal, Transport Statement

 

            [For the avoidance of doubt, in the interest of amenity; and to comply with Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

 3.        No part of the development hereby permitted shall be brought into use unless or until enhancements to the two bus stops on Candleby Lane (RU0338 and RU0835 ) have been made to the satisfaction of the Local Planning Authority, and shall include a real time bus stop pole & display including associated electrical connections, enforceable bus stop clearway and lighting in shelter at stop RU0338 and a real time bus stop pole & display including associated electrical connection, raised boarding kerb and enforceable bus stop clearway at stop RU0835.

 

            [To encourage the use of buses as an alternative to the car; and to comply with policy 1 of the Local Plan Part 2: Land and Planning Policies)

 

 4.        No part of the development hereby permitted shall be brought into use until the widened vehicle access onto Candleby Lane shown indicatively on drawing 02 Revision L is available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

 

            [In the interest of highway safety; and to comply with policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

 5.        No part of the development hereby permitted shall be brought into use until the proposed parking, turning and improved servicing arrangements as shown for indicative purposes on drawing number 02 Revision L have been provided and constructed with provision to prevent the discharge of surface water from the parking area to the public highway. The provision to prevent the discharge of surface water to the public highway shall be retained for the life of the development.

 

            [In the interest of highway safety; and to comply with policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

 6.        Before the use of the buildings is commenced, an insulation scheme to effectively reduce the transmission of noise to adjacent properties, shall be submitted to and approved by the Local Planning Authority. The sound insulation scheme shall have regard to BS 8233: 2014 Sound Insulation and Noise Reduction for Buildings, and BS4142:2014, stating all assumptions made. The approved scheme shall be installed prior to the use commencing and be retained for the life of the development.

 

            [In the interest of the amenities of nearby residential properties and to comply with policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

 7.        If external lighting is to be installed, it must be designed, located and installed so as not to cause a nuisance to neighbouring residents. The details of any such lighting shall be submitted to and approved by the Local Planning Authority, together with a lux plot of the estimated illuminance. The lighting shall be implemented in accordance with the approved scheme and shall be retained as such thereafter.

 

            [In the interest of residential amenity and to comply with policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

 8.        Prior to the commencement of any on site works, a method statement detailing techniques for the control of noise, dust and vibration during demolition and construction shall be submitted to and approved by the Local Planning Authority. The works shall be carried out in accordance with the approved method statement.

 

            [In the interest of highway safety; and to comply with policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  This condition needs to be discharged before work commences on site to ensure that the mitigation measures are fully incorporated into any working practices during the demolition/construction phase of development].

 

 9.        A minimum of 6 replacement trees, of a species and details of which have been submitted to and approved in writing by the Borough Council shall be planted in position(s) previously agreed in writing by the Borough Council, during the first planting season after the felling of the tree(s) to be removed.  Any tree(s) within a period of 5 years from the completion of the planting which die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Borough Council gives written consent to any variation.

 

            [In the interest of amenity and landscape value; and to comply with policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

10.      No operations shall commence on site until the existing trees and/or hedges which are to be retained have been protected in accordance with details to be approved in writing by the Borough Council and that protection shall be retained for the duration of the construction period.  No materials, machinery or vehicles are to be stored or temporary buildings erected within the perimeter of the fence, nor is any excavation work to be undertaken within the confines of the fence without the written approval of the Borough Council.  No changes of ground level shall be made within the protected area without the written approval of the Borough Council.

 

            [In the interest of amenity and landscape value; and to comply with policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies. This condition needs to be discharged before work commences on site to ensure that the tree protection measures are erected prior to the construction phase of the development].

 

11.      The opening hours of all 4 units hereby approved shall be limited to Monday to Saturday: 8am-8pm and Sundays: 10am-4pm.

 

            [In the interest of amenity; and to comply with Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

12.      Deliveries to all 4 units hereby approved shall be limited to

 

Monday to Friday:7am to 8pm

Saturday:7am to 8pm

Sunday: No deliveries

 

            [In the interest of amenity; and to comply with Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

13.      Units annotated as 1-3 on the approved plans shall be used for A1 Retail purposes only. Unit 4 Shall be used for either A1 Retail and/ or A3 cafe only.

 

            [For the avoidance of doubt and to comply with Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

14.      Details of any external seating shall be submitted to the Local Planning Authority prior to an area being used for any such purposes.  The seating shall thereafter be installed and retained in accordance with the approved details.

 

            [For the avoidance of doubt, in the interest of amenity; and to comply with Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

15.      No development shall take place until the applicants, or their agents or successors in title, have secured the implementation of a programme for a watching brief to be carried out during construction or excavation work on the site, by a professional archaeologist or archaeological organisation and the details of such a scheme have been submitted to and approved in writing by the Local Planning Authority.  Thereafter, the scheme shall be fully implemented during the relevant stages of the construction phase.

 

            [To record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance and the impact and to make this evidence (and any archive generated) publicly accessible and to comply with NPPF 16 (Conserving and enhancing the historic environment), policy 11 (Historic Environment) of the Rushcliffe Local Plan Part 1: Core Strategy and policies 28 (Historic Environment: Conserving and Enhancing Heritage Assets) and 29 (Development Affecting Archaeological Sites) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  This condition needs to be discharged before development commences on site to ensure that measures are in place to record any finds of archaeological importance that may be found during excavations on site].

           

 

Notes to Applicant

 

Please be advised that all applications approved on or after the 7th October 2019 may be subject to the Community Infrastructure Levy (CIL). The Borough Council considers that the approved development is CIL chargeable. Further information about CIL can be found on the Borough Council's website at https://www.rushcliffe.gov.uk/planningandgrowth/cil/

 

It is an offence under S148 and S151 if the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring.

 

The above proposals involve works within the public highway, that is land over which you have no control. The Highway Authority will therefore require you have any the relevant legal agreements / licenses in place to cover the design and construction of the works prior to their commence . Please contact Mr Jan Witko Tel. 0115 9774364 at an early stage to how best this can be achieved.

 

Councillor Richard Butler and Councillor Leo Healy rejoined the committee at this point. Councillor Richard Butler resumed his place as the Chairman.

 

19/01287/FUL - Residential development of 167 new homes on land south of Packman Dyke together with associated infrastructure, including ground remodelling for flood compensation works, landscaping and public open space, and vehicular access via Wilford Road. Watercourse realignment, ground remodelling and other sustainable drainage measures, landscaping and public open space on land north of Packman Dyke - Land North East Of Marl Close, Wilford Road, Ruddington, Nottinghamshire.

 

Updates

 

Representations were received from officers making a correction to the number of residents objecting to an application and from the Environmental Health officer in relation to noise and air quality were received after the agenda was published and was circulated to the Committee before the meeting.

 

In accordance with the Council’s public speaking protocol Steve Harley (agent of applicant) and Councillor Mike Gaunt (ward Councillor) addressed the committee.

 

 

 

DECISION

 

THE EXECUTIVE MANAGER – COMMUNITIES BE AUTHORISED TO GRANT PLANNING PERMISSION SUBJECT TO THE PRIOR SIGNING OF A SECTION 106 AGREEMENT AND THE FOLLOWING CONDITION(S)

 

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

 

[To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004].

 

2.         The development hereby approved shall be implemented in accordance with the following plans and documents:

 

a.         Site Layout and house types as set out on that plan and submitted with the application.  MI133-SL-001W - received 22 January 2020;

            b.         Surface Materials  MI133-SL-003G - received 22 January 2020;

            c.         Materials Layout  MI133-SL-002H - received 22 January 2020;

            d.         Means of Enclosure MI133-SL-004E - received 31 October 2019;

e.         Site Access DesignWOE14515-SA-03-001-AO7                                  received 4 December 2019;

            f           Misc. Engineering Refuse Vehicle Tracking MI133-EN-035A -                                   received 12 December 2019;

g.         Flood Risk Assessment      WM11065 - FRA & DS V3.0 - received 31 October 2019;

h.         Combined Report Ground conditions 15 May 2019;

i.          Report of Community and Stakeholder Engagement 15 May 2019;

j.          Landscape Masterplan DEF_063C.002 Rev C - received 24 January 2020;

k.         Arboricultural Assessment- received 15 May 2019;

l.          Geophysical Survey - received 15 May 2019;   

m.        Landscape and Visual Impact Appraisal - received 15 May 2019;

n.         Design and Access Statement - received 15 May 2019;

o.         Planning Statement, Oxalis Planning 15 May 2019;

p.         Transport Assessment Addendum - received 15 May 2019;

q.         Framework Travel Plan - received 15 May 2019;

s.         The biodiversity Metric - received 3 October 2019

t.          Ecological Mitigation measures DEF_063C.003 - received 3 October 2019

 

[For the avoidance of doubt and to comply with Policy 1 (Development Requirements) and Policy 6.1 (Housing Allocation – Land West of Wilford Road, Ruddington) of the Rushcliffe Borough Local Plan Part 2: Land and Planning Policies, in the interests of amenity, and to accord Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy].

 

3.         No development hereby permitted shall take place until an appropriate agreement under Section 278 of the Highways Act 1980 has been entered into with Highways England to facilitate improvements to A52 junctions in accordance with the provisions of the A52/A606 Improvement Package Developer Contributions Strategy Memorandum of Understanding May 2019.

 

[To ensure that the A52 trunk road continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10 (2) of the Highways Act 1980, in the interest of road safety. The agreement is a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development and to avoid abortive works by the applicant(s)].

 

4.         No development shall take place until the details of a Construction Management Plan is submitted and approved in writing by the Local Planning Authority. The Statement shall have regard to the CEMP and LEMP approved under conditions 12 and provide for:

 

·                     Access and parking of vehicles of site operatives and visitors;

·                      Loading and unloading of plant and materials;

·                     Storage of plant and materials used in constructing the development;

·                     The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

·                     Measures to control the emission of noise, dust, dirt and vibration during construction;

·                     A scheme for recycling/disposing of waste resulting from construction works;

·                     Hours of operation (including demolition, construction and deliveries);

·                     A scheme to treat and remove suspended solids from surface water run-off during construction;

·                     An earthworks strategy to provide for the management and protection of soils including handling, stripping and stockpiling and reuse;

·                     The siting and appearance of contractors compounds including heights of stored materials, boundaries and lighting together with measures for the restoration of the disturbed land and noise mitigation;

·                     Scheme for temporary signage and other traffic management measures, including routing and access arrangements. The agreed access shall be provided before development commences; and

·                     The routing of deliveries and construction vehicles to/from the site, to limit where practicable approach to the site from the west along Bunny Lane, and any temporary access points.

 

The development shall thereafter be carried out in full accordance with the approved Construction Method Statement throughout the construction period.

 

[In order to prevent inadequate parking, turning and manoeuvring for vehicles; inadequate materials storage and to ensure adequate recycling of materials in the interests of highway safety, visual amenity and environmental management to comply with Policies 6.1 (Housing Allocation – Land West of Wilford Road, Ruddington) and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies. This is a pre commencement condition to ensure that the amenity of existing occupiers are protected during construction and to ensure regard is had to the existing on-site wildlife].

 

5.         No development shall take place, excluding topsoil strip, earthworks to form flood compensation area, development platform, realigned watercourse, balancing ponds and foul sewer diversion, survey works in connection with ecology and archaeology, until the technical approval under S38 (or equivalent) has been agreed with Nottinghamshire County Council for the construction of the roads and associated works within the site. The development shall thereafter be implemented in accordance with the approved details and no dwelling shall be occupied until the roads necessary to serve that property have been constructed to base level.

           

[To ensure the development is constructed to highway adoptable standards and to ensure compliance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development and to avoid abortive works by the applicant(s)].

 

6.         The development shall not be brought into use unless or until the following works have been provided in accordance with plans previously submitted to and approved in writing by the Local Planning Authority:

 

i.              The proposed new site access junction on Wilford Road as shown indicatively on Drawing no. WIE-SA-03-001-A07.

ii.            The proposed Village Gateway on Wilford Road as shown indicatively on Drawing No. WIE-SA-03-001-A07.

iii.           The proposed footway/cycleway improvements on Wilford Road as shown indicatively on Drawing No. WIE-SA-03-001-A07.

 

Thereafter the approved works shall be implemented, retained and maintained in accordance with the approved details for the lifetime of the development.

 

[To ensure a suitable form of access is provided, in the interest of highway safety residents and to ensure compliance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

7.         No dwelling shall be occupied until the driveway and parking areas associated with that plot has been surfaced in a bound material, and constructed with provision to prevent the unregulated discharge of surface water from the driveways and parking areas to the public highway.  The surfaced drives and parking areas and provision to prevent the unregulated discharge of surface water shall then be maintained in such bound material for the life of the development.

 

            [In the interests of highway safety residents and to ensure compliance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

8.         Prior to first occupation the owner or the occupier of the site shall appoint and thereafter continue to employ or engage a travel plan coordinator who shall be responsible for the implementation delivery monitoring and promotion of the sustainable transport initiatives set out in the (WIE14515-101-R-4-3-3-Framework Travel Plan) whose details shall be provided and continue to be provided thereafter to the Local Planning Authority.

           

[To promote sustainable travel in accordance with the aims of Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

9.         The travel plan coordinator shall, within 6 months of the first occupation, produce or procure a Detailed Travel Plan that sets out final targets with respect the number of vehicles using the site and the adoption of measures to reduce single occupancy car travel consistent with the Interim Travel Plan to be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall be implemented in accordance with the approved timetable and be updated consistent with future travel initiatives including implementation dates to the satisfaction of the Local Planning Authority.

           

[To promote sustainable travel in accordance with the aims of Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy].

 

10.      The travel plan coordinator shall submit reports in accordance with the Standard Assessment Methodology (SAM) or similar to be approved and to the Local Planning Authority in accordance with the Travel Plan Framework monitoring periods. The monitoring reports submitted to the Local Planning Authority shall summarise the data collected over the monitoring period and propose revised initiatives and measures where travel plan targets are not being met including implementation dates to be approved in writing by the Local Planning Authority and which shall inform individual Travel Plans.

 

           

[To promote sustainable travel in accordance with the aims of Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

11.       Prior to the commencement of the development hereby permitted a scheme of on plot (excluding private rear gardens) and public open space landscaping shall be submitted to and approved in writing by the Local Planning Authority.  The landscaping scheme shall include:

 

a.         planting plans;

b.         written specifications including cultivation and other operations associated with tree, plant and grass establishment;

c.         a schedule of plants noting species, plant sizes and proposed numbers/densities;

d.         existing landscape features such as trees, hedges and ponds to be retained accurately plotted (where appropriate);

e.         existing landscape features such as trees, hedges and ponds to be removed accurately plotted (where appropriate);

f.          existing and proposed finished levels (to include details of grading and contouring of earthworks and details showing the relationship of proposed mounding to existing vegetation and surrounding landform where appropriate);

g.         a timetable/ phasing for implementation and completion of the landscaping scheme;

h.         a Landscape Management Plan, including long term design objectives, management responsibilities;

i.          details of how the landscape proposals comply and compliment with the ecological requirements under condition 12.

j.          Details of the footpath/cyclepath connections within the wider site area.

 

Thereafter the approved scheme shall be carried out in accordance with the approved details and implemented and completed in accordance with the approved timetable.  If within a period of five years from the date of the soft planting pursuant to this condition that soft planting is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced by planting to be agreed with Local Planning Authority. This replacement planting shall be undertaken before the end of the first available planting season (October to March inclusive for bare root plants), following the removal, uprooting, destruction or death of the original trees or plants.

 

[To ensure satisfactory landscape treatment of the site which will enhance the character and appearance of the site and the area in accordance with the aims of Policy 10 (Design and Enhancing Local Identity), and Policy 16 (Green Infrastructure, landscape, Parks and Open Space) of the Local Plan Part 1 Rushcliffe: Core Strategy and Policies 1 (Development Requirements) and 6.1 (Housing Allocation – Land West of Wilford Road, Ruddington) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development, due to the need to ensure adequate mitigation is in place before any intrusive site works take place and to avoid otherwise abortive works by the applicant(s)].

 

12.      No development shall take place until a Landscape & Ecology Management Plan (LEMP) is submitted to and approved in writing by the local planning authority. The LEMP shall have full regard to the mitigation and enhancements together with the summary and conclusions of the Ecological Assessment dated and shall include:

 

-           Details of habitat creations and enhancement of hedgerows;

-           Bird and bat boxes shall be integrated into the building fabric (the former targeting house sparrow, starling and swift) into the fabric of a proportion (circa 20%) of the proposed dwellings/their garages;

-           Ongoing management of the SUDS and landscaped areas for the benefit of wildlife and biodiversity;

-           The plan will detail the formal management agreement, aftercare and monitoring of the retained and newly created habitats on the site and shall their the ongoing maintenance; and

-           A pre-commencement walkover survey for badgers/grass snakes by an appropriate ecologist.

 

The development shall thereafter be undertaken in accordance with the approved LEMP.

 

[To ensure the appropriate wildlife protection is provided during development, and ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with paragraphs 174-175 of the NPPF and Policy 17 (Biodiversity) of the Rushcliffe Local Plan Part 1: Core Strategy and to comply with Policies 1 (Development Requirement) and 38 (Non-Designated Biodiversity Assets and the Wider Ecological Network) of the Rushcliffe Borough Local Plan Part 2: Land and Planning Policies. This is a pre-commencement condition due to the need to ensure adequate mitigation is in place before any intrusive site works take place]. 

 

13.      Prior to the commencement of any development on site, a grass snake translocation strategy shall be produced and submitted to the Local Planning Authority for approval. Any approved scheme shall be implemented in full thereafter.

           

[To ensure that a process is in place to take proper account of Grass snakes which have been identified on site which are a protected under the Wildlife and Countryside Act 1981 and it is an offence to injure or kill them, and to comply with Policy 38 (Non-Designated Biodiversity Assets and the Wider Ecological Network) of the Rushcliffe Borough Local Plan Part 2: Land and Planning Policies.  This is a pre-commencement condition due to the need to ensure adequate mitigation is in place before any intrusive site works take place]. 

 

14.     No part of the development hereby approved shall commence until a detailed surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy WM11065 - FRA & DS V3.0, Wardell Armstrong, has been submitted to and approved in writing by the Local Planning Authority. The scheme to be submitted shall provide justification for the use or not of infiltration, including the results of soakaway testing, in accordance with BRE 365.  The scheme shall thereafter be implemented in accordance with the approved details prior to completion of the development.

 

[To ensure that the developments has sufficient surface water management, and does not increased risk of flooding onsite nor does it increase the flood risk off-site in accordance with the NPPF and to comply with Policies 1 (Development Requirements) 17 (Managing Flood Risk) and 18 (Surface Water Management) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development, due to the need to ensure adequate mitigation is in place before any intrusive site works take place and to avoid otherwise abortive works by the applicant(s)].

 

15.       The development shall be carried out in accordance with the submitted flood risk assessment (ref Flood Risk Assessment and Drainage Strategy V3.0, August 2019, Wardell Armstrong) and the following mitigation measures it details:

 

a.         Finished floor levels shall be set no lower than the levels shown on drawing WM11065-113 on page 105 of the FRA. 

b.         Construction shall be phased as described in section 4.5.1 of the FRA.

c.         Compensatory storage shall be provided as described in section 4.3 of the FRA. These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements.

 

Thereafter the measures detailed above shall be implemented, retained and maintained throughout the lifetime of the development. 

 

[To reduce the risk of flooding to the proposed development and future occupants, to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided, and to prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site in accordance with Policies 1 (Development Requirements), 6.1 (Housing Allocation – Land West of Wilford Road, Ruddington), 17 (Managing Flood Risk) and 18 (Surface Water Management) of the Rushcliffe Local Plan Part 2: Land and Planning Policies]. 

 

16.       No development shall be carried out until a Phasing Plan, including details of phasing for the approved development, has been submitted to and approved in writing by the local planning authority. The phasing plan shall include details of:

 

a.         the timing of the provision of infrastructure to serve the proposed development (including road improvements and drainage facilities) in relation to the provision of any new residential units;

b.         the timing of biodiversity, SUDS and landscaping features;

c.         the timing and provision of internal footpaths/cyclepaths;

d.         The development shall be carried out in accordance with the approved phasing plan unless otherwise agreed in writing by the local planning authority.

 

The development shall thereafter be carried out in accordance with the approved phasing plan.

 

[To ensure the proposed development is constructed in such a way to ensure that any new units provided are adequately served by infrastructure and recreation facilities and to promote biodiversity on the site, in accordance with Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy. This is a pre-commencement condition to enable consideration to be given in a coordinated manner to all the key components of the scheme]

 

17.      No development shall take place until the details of the means of protection of existing hedgerows and trees whilst construction works are being undertaken have been submitted to the Local Planning Authority.  All existing trees and/or hedges which are to be retained are to be protected in accordance with the approved measures and that protection shall be retained for the duration of the construction period. No materials, machinery or vehicles shall be stored or temporary buildings erected within the perimeter of the fence, nor shall any excavation work be undertaken within the confines of the fence without the written approval of the Local Planning Authority. No changes of ground level shall be made within the protected area without the written approval of the Local Planning Authority.

 

            [To ensure existing trees and hedgerows are adequately protected during the development and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies This is a pre commencement condition to ensure protection during construction works of trees, hedges and hedgerows which are to be retained on or near the site in order to ensure that the character and amenity of the area are not impaired.]

 

18.       No removal of hedgerows, trees or shrubs shall take place between 1st March and 30th September inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

 

            [To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with paragraph 174 and 175 of the NPPF and Policy 17 of the Local Plan Part 1: Rushcliffe Core Strategy.]

 

19.      Prior to installation of any lighting, full details shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include a lux plot of the estimated illumination along with details of the heights, locations, design and finish of the lighting. The installations shall be designed, located and installed so as not to cause a nuisance to neighbouring residents, and to avoid significant impacts on foraging commuting bats. The lighting shall thereafter be installed, retained and maintained in accordance with the approved details.

 

            [To ensure that the proposed development contributes to the conservation and enhancement of biodiversity within the site and for the wider area in accordance with paragraphs 174-175 of the NPPF and Policies 10 (Design and Enhancing Local Identity) and 17 (Biodiversity) of the Rushcliffe Local Plan Part 1: Core Strategy and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

20.       The development hereby permitted shall not commence until drainage plans for the disposal of foul sewage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be implemented in accordance with the approved details before the development is first brought into use.

 

            [To ensure that adequate drainage facilities are provided in connection with the development as well as to reduce the risk of creating or exacerbating a flooding problem in accordance with Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy and to comply with Policies 1 (Development Requirements), 17 (Managing Flood Risk) and 20 (Managing Water Quality) of the Rushcliffe Local Plan Part 2: Land and Planning Policies. This is a pre commencement condition to ensure that flood risk and sewage capacity requirements are mitigated and the measures can be incorporated in to the build phase].

 

21.       No development shall commence until details of the finished floor and ground levels in relation to a fixed datum point, existing site levels and adjoining land levels has been submitted and approved in writing by the Local planning Authority.  Such details shall have regard to the drainage strategy for the site. Thereafter the development shall be undertaken in accordance with the approved details

 

            [To ensure a satisfactory development in the interests of amenity, accessibility and highway safety and to comply with Policy 1 (Development Requirements) of the Local Plan Part 2: Land and Planning Policies. This is a pre commencement condition to ensure that the development is undertaken with agreed levels from the outset and to avoid otherwise abortive works by the applicant(s)].

 

22.       The existing soils and any soil or forming materials brought to site for use in garden areas, soft landscaping, filling and level raising shall be tested for contamination and suitability for use on site. Contamination testing should take place within UKAS and MCERTS accredited laboratories, certificates shall be submitted to and approved in writing by the Local Planning Authority prior to any soil or soil forming material being imported onto the site. Details of the source and type of the imported materials and the estimated amount to be used on the site are also required to be submitted. Only the approved material shall be used.

 

            [To make sure that the site, when developed is free from contamination, in the interests of public health and safety and to comply with Policy 1 (Development Requirements) of the Rushcliffe Borough Local Plan Part 2: Land and Planning Policies].  

 

23.      No development shall take place until an Employment and Skills Strategy for the construction phase of the approved development shall be produced in consultation with the Economic Growth team and submitted to and approved in writing by the Borough Council. This strategy will be based on the relevant Citb framework and will provide opportunities for people in the locality to include employment, apprenticeships and training, and curriculum support in schools and colleges. The strategy will be implemented by the developer throughout the duration of the construction in accordance with the approved details and in partnership with relevant stakeholders.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and satisfy Policies 1 (Presumption in Favour of Sustainable Development) and 5 (Employment Provision and Economic Development) of the Rushcliffe Local Plan Part 1: Core Strategy.  These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].                                                                                                                                                                                                                                                                                                                                                                                                                                                 

 

24.       Prior to the occupation of each dwelling submitted as part of the planning application each dwelling shall be provided with ducting to enable the connection to high speed fibre optic Broadband.

 

            [To assist in reducing travel demand by enabling working from home initiatives in accordance with the aims of Policy 19 (Developer Contributions) of the Rushcliffe Local Part 1 - Core Strategy].

 

25.      No dwelling shall be occupied until a standard 32 amp single phase socket for the charging of electric vehicles has been fitted at an appropriate position in accordance with details previously submitted to and approved in writing by the  Local Planning Authority.  Thereafter the charging points shall be installed, maintained and operated in accordance with the approved scheme for the lifetime of the development.

 

                [In order to address the causes and impacts of climate change and to enable the use of non-carbon based technology in accordance with the guidance contained within the National Planning Policy Framework, Policies 1 (Presumption in Favour of Sustainable Development), 2 (Climate Change) and 10 (Design and Enhancing Local Identity) of the Rushcliffe Borough Local Plan Part 1: Core Strategy of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

26.      With the exception of habitat creation and landscaping, there shall be no other groundworks undertaken within the highlighted area on the western boundary of the site as depicted as areas 1 and 2 on plan ref: DWG 03a Interpretation – North of the Geophysical Survey Report dated 18th April 2019. If during the undertaking of the works set out in this condition, any items of archaeological interest are found, the developer shall inform the Borough Council immediately.

 

            [That part of the site shows up as considerable activity which may contain archaeological remains and the condition is required to ensure compliance with Policy 29 (Development Affecting Archaeological Sites) of the Local Plan Part 2: Land and Planning Policies].

 

27.       The dwellings hereby approved shall be designed and constructed to meet the higher Optional Technical Housing Standard for water consumption of no more than 110 litres per person per day.

 

[To promote a reduction in water consumption and to comply with criteria 3 of Policy 12 (Housing Standards) of the Local Plan Part 2: Land and Planning Policies].

 

 

 

Notes to Applicant

 

The Local Lead Floor Authority should be re-consulted with any changes to the submitted and approved details of any FRA or Drainage Strategy which has been provided. Any deviation from the principles agreed in the approved documents may lead to us objecting to the discharge of conditions. Who will provide you with bespoke comments within 21 days of receiving a formal consultation.

           

Work affecting an ordinary watercourse requires consent from the lead local flood authority which in this instance is Nottinghamshire County Council. It is best to discuss proposals for any works with them at an early stage.

 

This permission is subject to an Agreement made under the provisions of Section 106 of the Town & Country Planning Act 1990 (as substituted by the Planning & Compensation Act 1992) relating to provision of on-site affordable housing and contributions towards essential infrastructure. Any payments will increase subject to the provisions set out in the Agreement.

 

You are advised to ensure disturbance to neighbours is kept to a minimum during construction by restricting working hours to Monday to Friday 7.00am to 7.00pm, Saturday 8.00am to 5.00pm and by not working on Sundays or Bank Holidays. If you intend to work outside these hours you are requested to contact the Environmental Health Officer on 0115 9148322.

 

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 make every effort to prevent it occurring.

 

Section 38 Agreement (Highways Act 1980) - The applicant should note that, notwithstanding any planning permission, 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.  Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

 

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.

 

Section 278 Agreement (Highways Act 1980) - 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 Jan Witko on telephone number 0115 9774364.

 

In order to satisfy the requirements of conditions 5 and 6 the Highway Authority will need to undertake a full technical design check of the your detailed design drawings. Discharge of any conditions relating to highway layouts will not be recommended until this process is complete and full technical approval of the highways drawings has been granted. We therefore strongly recommend technical approval for your drawings is obtained from the Highway Authority prior to any formal reserved matters submission.

 

Travel Plan - Advice regarding travel plans can be obtained from the Travel Plans Officer on telephone 0115 9774323.  Correspondence with the Highway Authority should be addressed to:

 

Highway Development Control Section

Highways South

Nottinghamshire County Council

County Hall

West Bridgford

Nottingham, NG2 7QP

In respect of any conditions relating to drainage:

 

The developer must produce a comprehensive drainage strategy for the site.This strategy must include how surface water is to be dealt with. In particular showing how no surface water will be allowed to enter the foul or combined system through any means.

 

 

Where a sustainable drainage scheme is to be provided, the submitted details shall:

 

i)          Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and / or surface waters; and

ii)         Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

The strategy shall also demonstrate how any land drainage issues will be resolved.

 

A hydraulic modelling study may be required to determine if the proposed flows can be accommodated within the existing system and if not, to identify what improvements may be required. If the surface water is drained sustainably, this will only apply to the foul drainage.

 

Severn Trent may need to undertake a more comprehensive study of the catchment to determine if capital improvements are required.

 

If Severn Trent needs to undertake capital improvements, a reasonable amount of time will need to be determined to allow these works to be completed before any additional flows are connected.

 

Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent and you are advised to contact Severn Trent Water to discuss your proposals. Severn Trent will seek to assist you obtaining a solution which protects both the public sewer and the building.

 

In respect of ecology:

 

a.            Mature trees should be retained where possible.

b.            The hedgerows should be largely retained and enhanced.

b.            Hedgerow's should be buffered with a flower rich grassland strip.

c.            New wildlife habitats should be created where appropriate, including wildflower rich neutral and / or wet grassland and / or wetlands and ponds should be created and hedgehog corridors.

d.            Artificial wild bird nest sites should be installed within buildings (including for swifts and sparrow terraces) and roost / nest boxes on retained trees (including for tree sparrows).

e.            Good practise construction methods should be adopted including:

f.             Advising all workers of the potential for protected species. If protected species are found during works, work should cease until a suitable qualified ecologist has been consulted.

g.            No works or storage of materials or vehicle movements should be carried out adjacent to the Packmans Dyke.

h.            If protected species are found during works, work should cease until a suitable qualified ecologist has been consulted.

i.             Best practice should be followed during building work to ensure trenches dug during work activities that are left overnight should be left with a sloping end ramp to allow animals that may fall in to escape. Also, any pipes over 200mm in diameter should be capped off at night to prevent animals entering. No stockpiles of vegetation should be left overnight and if they are, they should be dismantled by hand prior to removal. Night working should be avoided.

j.             Your attention is draft to the requirements of condition 17 limiting the period when any trees or hedgerows should be removed.  Every effort should be made to ensure that any trees or hedgerows are not removed during the bird nesting season and the practice of netting trees or hedgerows to prevent birds nesting should be avoided where practicable.

 

The Borough Council and Nottinghamshire County Council are keen to encourage the provision of superfast broadband within all new developments. With regard to the condition relating to broadband, it is recommended that, prior to development commencing on site, you discuss the installation of this with providers such as Virgin and Openreach Contact details: Openreach: Nicholas Flint 01442208100 nick.flint@openreach.co.uk Virgin: Daniel Murray 07813920812 daniel.murray@virginmedia.co.uk

 

This permission does not give any legal right for any work on, over or under land or buildings outside the application site ownership or affecting neighbouring property, including buildings, walls, fences and vegetation within that property. If any such work is anticipated, the consent of the adjoining landowner must first be obtained. The responsibility for meeting any claims for damage to such features lies with the applicant.

 

The Borough Council is charging developers for the first time provision of wheeled refuse containers for household and recycling wastes. Only containers supplied by Rushcliffe Borough Council will be emptied, refuse containers will need to be provided prior to the occupation of any dwellings. Please contact the Borough Council (Tel: 0115 981 9911) and ask for the Recycling Officer to arrange for payment and delivery of the bins.

 

Consideration should be given to energy efficiency, alternative energy generation, water efficiency, sustainable travel (including electric car charging points and cycle storage and improved cycle connectivity and green travel), management of waste during and post construction and the use of recycled materials and sustainable building methods.

 

Swifts are now on the Amber List of Conservation Concern. One reason for this is that their nest sites are being destroyed. The provision of new nest sites is urgently required and if you feel you can help by providing a nest box or similar in your development, the following website gives advice on how this can be done: http://swift-conservation.org/Nestboxes%26Attraction.htm Advice and information locally can be obtained by emailing : carol.w.collins@talk21.com

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980.

 

 

19/01983/REM - Reserved matters application for outline permission 18/00300/OUT to seek approval of the access, appearance, landscaping, layout and scale for the development of 175 new dwellings – Land North of Asher Lane, Ruddington, Nottinghamshire.

 

Updates

 

Representations were received from an objector, a consultee to the report and a planning officer who provided an additional condition to the report were received after the agenda was published and was circulated to the Committee before the meeting.

 

In accordance with the Council’s public speaking protocol Tom Collins (agent of applicant) and Councillor Jen Walker (ward Councillor) addressed the committee.

 

DECISION

 

APPROVAL OF RESERVED MATTERS BE GRANTED FOR THE ACCESS, SCALE, APPEARANCE, LAYOUT AND LANDSCAPING OF THE DEVELOPMENT SUBJECT TO THE FOLLOWING CONDITION(S)

 

1.             The development shall be carried out in accordance with the following approved plans:

 

·                     Planning Layout – Drawing Number ASH-SL-001 Rev H

·                     External Materials – Drawing Number MUST_EX_001 Rev A

·                     House Type Brochure – Rev A

·                     Landscape Strategy Plan – Drawing Number 9160_L_01 Rev A

·                     Section 278 Layout General Arrangement – Drawing Number 1703-301 Rev A

·                     Engineering Layout North Plan (detailing levels) – Drawing Number PA/1703-102 Rev D

·                     Engineering Layout South Plan (detailing levels) – Drawing Number PA/1703-103 Rev D

 

[To ensure an acceptable development in accordance with Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

2.            Prior to the construction of any dwelling proceeding above foundation level, a scheme for the provision of electric vehicle charging points shall be submitted to and approved by the Borough Council. The scheme shall provide details of the provision of electric vehicle charging points to serve each dwelling on the site. If any plots are to be without provision then it must be demonstrated why the positioning of such apparatus to the external fabric of the dwelling or garage, or the provision of a standalone vehicle charging point would be technically unfeasible or would have an adverse visual appearance on the street-scene. Thereafter, no dwelling shall be occupied until such time as it has been serviced with the appropriate electric vehicle charging infrastructure, where practicable, in accordance with the agreed scheme and the apparatus shall be retained for the lifetime of the development.

 

[To comply with and to comply with policy 41 (Air Quality) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

3.            No building shall proceed above foundation level until such time that a landscaping scheme, to include those details specified below, has been submitted to and agreed in writing by the Borough Council:

 

(a)       the treatment proposed for all ground surfaces, including hard areas;

(b)       full details of tree planting;

(c)       planting schedules, noting the species, sizes, numbers and densities of plants;

(d)       finished levels or contours;

(e)       functional services above and below ground;

(f)        all existing trees, hedges and other landscape features, indicating clearly those to be removed; and,

(g)       the phasing and timescales for planting to take place

 

The approved landscaping scheme shall be carried out in accordance with the approved details and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Borough Council gives written consent to any variation.

 

[To make sure that a satisfactory landscaping scheme for the development is implemented in the interests of the appearance of the area and to comply with policy 16 (Green Infrastructure, Landscape, Parks and Open Space) of the Rushcliffe Local Plan Part 1: Core Strategy].

 

4.            No development shall take place, excluding topsoil strip, earthworks to form balancing ponds and foul sewer diversion, survey works in connection with ecology and archaeology, until the technical approval under S38 (or equivalent) has been agreed with Nottinghamshire County Council for the construction of the roads and associated works within the site. The development shall thereafter be implemented in accordance with the approved details and no dwelling shall be occupied until the roads necessary to serve that property have been constructed to base level.

 

 

[To ensure an adequate form of development in the interests of highway safety and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

5.            The boundary treatment/means of enclosure, as detailed on the ‘External Materials’ plan, drawing number MUST_EX_001 Rev A, shall be erected prior to the occupation of the respective dwelling(s).  In addition, details of the timing of the provision and ongoing maintenance of the timber knee rail shown on the plan shall form part of the open space scheme required pursuant to the Section 106 agreement.  The means of enclosure shall be erected pursuant to the approved details and thereafter retained for the lifetime of the development.

 

[To ensure an acceptable appearance to the development and to comply with Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Local Plan Part 2: Land and Planning Policies].

 

6.            The flat roof area over the single storey element on the rear of the Welbury house type shall not at any time be enclosed or used as a balcony/roof terrace.

 

[To safeguard the amenities of neighbouring properties and to comply with Policy 1 (Development Requirements) of the Local Plan Part 2: Land and Planning Policies].

 

7.            The dwellings hereby approved shall be designed and constructed to meet the higher Optional Technical Housing Standard for water consumption of no more than 110 litres per person per day.

 

[To promote a reduction in water consumption and to comply with criteria 3 of Policy 12 (Housing Standards) of the Local Plan Part 2: Land and Planning Policies].

 

8.            Prior to the occupation, each dwelling shall be provided with ducting to enable the connection to high speed fibre optic Broadband.

 

[To assist in reducing travel demand by enabling working from home initiatives in accordance with the aims of Policy 24 of the Rushcliffe Local Part 1 - Core Strategy].    

 

9.            Prior to the installation of any lighting to private drives or security lighting/floodlighting details of any such lighting shall be submitted to and approved in writing by the Borough Council, together with a lux plot of the estimated illuminance.  The lighting shall be installed only in accordance with the approved details.

 

[To avoid unacceptable upward glare/light spillage in the interests of the amenities of the area and to comply with and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

10.         No dwelling shall be occupied until the access road and reconfigured junction with Musters Road and Western Fields has been constructed in accordance with the approved plan, Section 278 General Arrangement – Drawing Number 1703-301 Rev A.

 

[In the interest of highway safety and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

11.         No dwelling shall be occupied until the vehicle access, parking, manoeuvring and turning areas for that dwelling have been constructed in accordance with the approved drawings, and are available for use.

 

[To ensure a suitable access is provided in the interests of highway safety and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

12.         No dwelling shall be occupied until the driveway and parking areas associated with that plot have been surfaced in a bound material for a minimum distance of 5 metres behind the highway boundary, and which shall be drained to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

 

[To ensure a suitable access is provided in the interests of highway safety and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

13.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order (England) 2015, Schedule 2, Part 1, the garages contained within the housing plots hereby approved shall be kept available for the parking of motor vehicles at all times and the garages shall not be altered, reduced in size or converted to additional living accommodation without planning permission first having been obtained from the Local Planning Authority.

 

[To ensure the parking provision for each plot is made available at all times for the parking of vehicles to prevent increased on street parking which would cause a detriment to highway safety and to comply with Policy 1 (Development Requirements) of the Local Plan Part 2: Land and Planning Policies].

 

14.         No building shall proceed above foundation level until such time that a scheme detailing the methods to manage and control the use of the 'emergency access' off Asher Lane, as shown on the approved Planning Layout ASH-SL-001 Rev H, has been submitted to and approved in writing by the Borough Council. The approved scheme shall be implemented prior to the first dwelling being occupied, or such other timescale to be agreed with the Borough Council, and shall thereafter be retained and operate throughout the lifetime of the development.

 

[To prevent vehicles accessing the site via Asher Lane (other than in an emergency), in the interests of highway safety, and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

15.         The dwellings and garages shall be constructed using the materials detailed in the submission and on the approved plan, External Materials - Drawing Number MUST_EX_001 Rev A and no additional or alternative materials shall be used.

 

            [To ensure the appearance of the development is satisfactory and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

 

 

 

Notes to Applicant

 

East Midlands Airport advise that:

 

         Any Tall Equipment and Cranes used on site may require a permit from EMA Safeguarding, applications via the EMA Safeguarding Website below.

         Any renewable energy sources to be used on site must seek prior approval from EMA Safeguarding.

         A pre-start meeting to be arranged with EMA Safeguarding prior to construction starts.

 

Email ops.safety@eastmidlandsairport.com with reference number 2019-S29.  Web: https://www.eastmidlandsairport.com/about-us/operational-documents/safeguarding/

 

You are advised that the site is in close proximity to flight paths for East Midlands Airport and that the burning of material on site should be resisted to avoid significant smoke which might interfere with aircraft on approach to the airport or cause a danger to aircraft engines.

 

You are advised to ensure disturbance to neighbours is kept to a minimum during construction by restricting working hours to Monday to Friday 7.00am to 7.00pm, Saturday 8.00am to 5.00pm and by not working on Sundays or Bank Holidays. If you intend to work outside these hours you are requested to contact the Environmental Health Officer on 0115 9148322.

 

The Borough Council is charging developers for the first time provision of wheeled refuse containers for household and recycling wastes. Only containers supplied by Rushcliffe Borough Council will be emptied, refuse containers will need to be provided prior to the occupation of any dwellings.  Please contact the Borough Council (Tel: 0115 981 9911) and ask for the Recycling Officer to arrange for payment and delivery of the bins.

 

Condition 7 requires the new dwellings to meet the higher 'Optional Technical Housing Standard' for water consumption of no more than 110 litres per person per day. The developer must inform their chosen Building Control Body of this requirement as a condition of their planning permission.  Guidance of this process and the associated requirements can be found in Approved Document G under requirement G2, with the requirements laid out under regulations 36 and 37 of the Building regulations 2010.

 

This Authority is charging for the discharge of conditions in accordance with revised fee regulations which came into force on 6 April 2008. Application forms to discharge conditions can be found on the Rushcliffe Borough Council website.

 

Consideration should be given to energy efficiency, alternative energy generation, water efficiency, sustainable travel (including electric car charging points and cycle storage and improved cycle connectivity and green travel), management of waste during and post construction and the use of recycled materials and sustainable building methods.

 

The Borough Council and Nottinghamshire County Council are keen to encourage the provision of superfast broadband within all new developments. With regard to the condition relating to broadband, it is recommended that, prior to development commencing on site, you discuss the installation of this with providers such as Virgin and Openreach Contact details: Openreach: Nicholas Flint 01442208100 nick.flint@openreach.co.uk Virgin: Daniel Murray 07813920812 daniel.murray@virginmedia.co.uk

 

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.

 

 

Section 38 Agreement (Highways Act 1980) - 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.  Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact the Highway Authority as early as possible.

 

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 Borough Council) in writing before any work commences on site.

 

Section 278 Agreement (Highways Act 1980) - 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 Jan Witko on telephone number 0115 9774364.

 

 

 

19/01871/VAR - Variation of conditions 2, 3, 4, 5, 6, 8, 10, 11, 12, 13, 15, 16, 21, 22, 24, 26, 29, and 43, and removal of condition 41 of 16/02864/VAR to relocate village centre and memorial, remove bus gate, replace play areas with 'hierarchy of play space', removal of TPO trees, relocation of public art focal point, removal of references to 'green squares/squares' and to focal building in village centre, revision to swales/ponds, retention of bridleway in existing alignment, retention of north west car park, and revised access to allotments. – Land at Former RAF Newton, Wellington Avenue, Newton, Nottinghamshire.

 

Updates

 

Representations were received from Saxondale Parish Council and the applicant after the agenda was published and was circulated to the Committee before the meeting.

 

In accordance with the Council’s public speaking protocol Sarah Allsop (applicant), Margaret Goulder (objector) and Councillor David Simms (ward Councillor) addressed the committee.

 

DECISION

 

THE EXECUTIVE MANAGER – COMMUNITIES BE AUTHORISED TO GRANT PLANNING PERMISSION, SUBJECT TO THE PRIOR SIGNING OF A DEED OF VARIATION TO THE S106 AGREEMENT, AND THE FOLLOWING CONDITIONS:        

 

1.         Application for approval of the final reserved matters shall be made to the local planning authority not later than 28th July 2022 and the development must be begun not later than the expiration of two years from the final approval of reserved matters, or in the case of approval of reserved matters on different dates, the final approval of the last such matter to be approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 10 and 22 of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

2.         No development shall take place until a Phasing Programme for the whole site has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Phasing Programme shown on the Phasing Plan P18-2350_08 Rev G received on 12 November 2019 and shall include the phasing of the highways works.

 

The development shall thereafter be implemented in accordance with the details approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies] and Policy 10 and 22 of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

3.         No development of an individual phase of development shall take place until a Statement of Design Principles for that specific phase of the site as agreed under Condition 2 has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019 and the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and shall include site specific architectural principles; sustainability features; range, type and quality of materials; focal point for the development (where relevant); the village centre features; variations in block form, street layout and elevational treatment. The development shall thereafter be implemented in accordance with the details approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies] and Policy 22 of the Local Plan Part 1:- Rushcliffe Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

4.         No development shall take place until a Public Transport Strategy for the site has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019 and the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and shall include bus routes through the site with bus stops within 400m of any building; bus layover space near to the Community/village hall.

 

The development shall thereafter be implemented in accordance with the details approved and for any phase the part of the development to which the particular item or facility relates shall not be occupied until each one has been completed for that phase in accordance with the approved details.

 

            [To promote the use of public transport facilities and services in accordance with Policies 10, 14 and 22 of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

5.         No development of an individual phase shall take place until a Surface Water Drainage Scheme for that phase based on sustainable drainage principles in the context of an assessment of the hydrological and hydrogeological context of the site has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and Flood Risk Assessment and Drainage Strategy Rev B received 20th June 2011 under 10/02105/OUT and shall include:

 

-           The utilisation of holding sustainable drainage techniques;

-           The limitation of surface water run-off to equivalent green field rates;

-           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 ongoing maintenance of drainage features;

-           The use of long term storage should be considered in the detailed design stage of the drainage scheme;

-           Detailed design details of the proposed balancing pond and swales, including cross-sections and plans; and

-           Proposals to ensure that there is no surface/storm water runoff onto adjacent land.

 

The development shall thereafter be implemented in accordance with the details approved and the part of the development to which the particular item or facility relates shall not be occupied until each one has been completed in accordance with the approved details.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 18 (Surface Water Management) of the Rushcliffe Local Plan Part 2: Land and Planning Policies] and Policy 10 and 22 of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

6.         No development on an individual phase shall take place until an Energy/low carbon Strategy for that phase has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and shall show how renewable energy/energy efficiency and climate change proofing, and the provision of public electric charging points within the village centre and commercial areas, together with a phasing plan showing the implementation of the proposals in each phase, are to be incorporated into the proposed development.

 

The development shall thereafter be implemented in accordance with the details approved and the phasing plan.

 

            [To achieve improved energy conservation and the protection of environmental resources in accordance with national planning guidance as set out in the NPPF and in accordance with Policy 1 (Delivering Sustainable Development) of the Rushcliffe Borough Non-Statutory Local Plan and Policies 2 (Climate Change) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

7.         No residential development shall take place until an Employment and Skills Strategy for the construction phase of the approved development has been submitted to and approved in writing by the Borough Council and no development of the commercial elements of the approved development shall take place until an Employment and Skills Strategy for the construction and operational phases of this form of development has been submitted to and approved in writing by the Borough Council. These strategies shall provide for the recruitment of people in the locality and apprenticeships for young persons and shall include the date by which the Employment and Skills Strategy is to be implemented by the developer.

 

The development shall thereafter be implemented in accordance with the terms of these strategies.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and satisfy Policy 22 of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

8.         No development of an individual phase of development shall take place until an Ecology Management Plan for that specific phase of the site as agreed under condition 2 above has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November and shall include updated ecological surveys, measures to be taken to establish the existence of any protected species prior to site clearance, mitigation measures; bat boxes/barn; bird and barn owl nesting boxes) management, maintenance and monitoring schedules. Further updates shall be submitted if the development of part of any particular phase does not commence within 24 months of approval of the details approved pursuant to this condition.

 

The development shall thereafter be implemented in accordance with the details and timetable approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and satisfy Policy 22 of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

9.         No development shall take place until an Affordable Housing Scheme for the site has been submitted to and approved in writing by the Borough Council which will allow for the provision of a minimum of 5% affordable housing across the site as a whole and include the proposed affordable housing types, sizes and tenures for each phase of the site with a minimum of 5% affordable housing in each phase. The development shall thereafter be implemented in accordance with the details approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the distribution of affordable housing assists in the creation of an inclusive and mixed community in accordance with the National Planning Policy Framework and Policy 22 of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development]

 

10.       No development shall take place until an On-site Leisure Scheme for the site has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and Phasing Plan (Drawing Number P18-2350_08 Rev H received on 22 January 2020) and shall include a minimum provision for allotments - 0.85ha; 1.6ha of non-equipped play areas; 0.54ha equipped play areas; details of the proposed play equipment; 2.2ha formal playing pitches (priority use football/cricket); community orchards, green infrastructure, open space and lay-by for a youth bus identifying in which phase(s) the specific elements of the on-site leisure provision will be made, and shall include proposals for the ongoing management and maintenance of the site thereafter.

 

The development shall thereafter be implemented in accordance with the details approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

11.       Prior to the commencement of the 50th dwelling a Community/village Hall Scheme including its estimated construction cost for the site shall have been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and the Community Hall Plan (Drawing Number: 10548-01 Rev A) submitted under 10/02105/OUT and shall include ensuring the provision of the Hall before the commencement of construction of the 250th dwelling. The development shall thereafter be implemented in accordance with the details approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

12.       No development shall take place until a Primary School Scheme for the site has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and the illustrative Primary School Plan (Drawing Number: 110548-0010) submitted under 10/02105/OUT and shall ensure the provision of a serviced site in Phase one of the development. The development shall thereafter be implemented in accordance with the details approved.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

13.       No development shall take place until a Highways Delivery Scheme for the site has been submitted to and approved in writing by the Borough Council. This shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and shall provide for the delivery of the following works:

 

a)         The provision of informal pedestrian crossing arrangements (dropped kerbs) on both sides of the Kirkhill railway level crossing including tactile paving;

 

b)         The A6097 Kirk Hill signal controlled junction has been improved as shown for indicative purposes only in the Transport Assessment December 2010 Appendix 9;

 

c)         Either:

 

(i)      Improvement to Bridleway 23, Footpath 2; or

(ii)     The provision of suitable connections to Bridleway 23, Footpath 2 on the eastern side of the old A46 (B687) and to the residential development site known as Roman's Quarter:

 

as shall be agreed with the LPA.

 

Should the Applicant/Developer require either:

 

(i)      the use of any third party land; or

 

(ii)     any third party landowner to agree or grant rights /permissions/licenses over their land

 

to enable the construction of improvements to Bridleway 23, Footpath 2 or future maintenance thereof the requirement to improve Bridleway 23, Footpath 2 shall cease and the Applicant/Developer shall provide connections to Bridleway 23, Footpath 2 on the eastern side of the old A46 (B687) and to the residential development site known as Roman's Quarter.

 

Such works shall be completed within 6 months of the completion of the construction of the new pedestrian/cycle bridge over the A46 and the adoption thereof or such later timescale as previously agreed with the Local Planning Authority.;

 

d)         The pedestrian/cycle bridge/link across the A46/B687 in accordance with the approved details;

 

e)         A school safety zone including appropriate signage, lining, traffic calming, parking restrictions, and pedestrian crossing arrangements; and

 

f)          The provision of a main residential/commercial access road within the site including roundabouts (or other features to be agreed), pedestrian/cycle crossing and traffic calming measures.

 

The development shall thereafter be implemented in accordance with the approved details.

 

            [In the interest of highway safety and to ensure a satisfactory development in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

14.       No development on new commercial land falling within use classes B2 and B8 as defined in the Town and Country Planning Use Classes (Amended) Order 2005 (or in any provision equivalent to the Class in any statutory instrument revoking and re-enacting that Order with or without modification) shall be occupied, until the Newton link road has been widened to generally 7.3m with appropriate additional widening on bends.

 

            [In the interest of highway safety and to ensure a satisfactory development in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

15.       The proposed development shall be implemented in accordance with the Structures Retention Scheme (dated 26 April 2019) discharged under application reference 19/01054/DISCON that provides details for the retention of the control tower, the measures for its protection/enhancement/ongoing maintenance and the provision of a memorial in accordance with the approved scheme.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development retains a sense of place and link with the history of the site and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy].

 

16.       No development of an individual phase of development shall take place until a Contaminated Land Investigation and Risk Assessment Report undertaken by competent persons to assess the nature and extent of any contamination on the site, whether or not it originates on the site for that specific phase of the site as agreed under condition 2 has been submitted to and approved in writing by the Borough Council and shall include:

 

a)         The outcome of further assessments of the contamination hotspots referred to in the Geodyne Combined Phase 1 Desk Study and Baseline Ground Investigation Report submitted on the 7th October 2011.

b)         A revised ground gas risk assessment shall be submitted for completion of the gas monitoring programme to confirm if gas protection methods are required on the site.

c)         Further testing shall be carried out on the existing topsoil to determine suitability for retention on site.

d)         A full radiological risk assessment and a survey report and remediation method statement.

e)         An unexploded ordnance search.

 

            [To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development]

 

17.       No development of an individual phase of development shall take place until a Detailed Remediation Scheme, to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment for that specific phase of the site as agreed under condition 2 above has been submitted to and approved in writing by the Borough Council. This include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

            [To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development]

 

18.       No development of an individual phase of development shall take place until a Construction Method Statement for that specific phase of the site as agreed under condition 2 has been submitted to and approved in writing by the Borough Council and shall include the:

 

a)         measures for ensuring the means of exit from the site for demolition and construction traffic is restricted to the new Newton link road (with no exit onto Wellington Avenue) and best practicable measures for ensuring that the majority of such traffic entering the site does so by way of the new Newton link road and not by way of Wellington Avenue;

b)         parking provision for site operatives and visitors;

c)         storage of plant and materials used in constructing the development;

d)         wheel washing facilities (including full details of its specification and siting);

e)         measures to control the emission of dust and dirt during construction;

f)          scheme for recycling/disposing of waste resulting from construction works;

g)         siting and appearance of contractor's compounds including heights of stored materials, boundaries and lighting together with measures for the restoration of the disturbed land and noise mitigation;

h)         proposals for topsoil handling, stripping, stockpiling, re spreading and after use;

i)          procedures for the developers to monitor and enforce compliance with the principles and detailed requirements of the Statement.

 

The development shall thereafter be implemented in accordance with the details approved.

 

            [In the interests of highway safety, to maximise the retention of agricultural soils on site and to protect the amenities of the area and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

19.       No development of an individual phase of development shall take place until a Waste Disposal Strategy for that specific phase of the site as agreed under condition 2 above has been submitted to and approved in writing by the Borough Council and shall include arrangements for maintenance and servicing including refuse collection/bin storage and incorporating a waste and recycling storage plan and a phasing plan for implementation. The recycling site shall be an area of no less than 15m x 15m within the village centre, the subsurface of which shall not have any utilities or services and include acoustic fencing on the perimeter of the site. The development shall thereafter be implemented in accordance with the details approved.

 

            [To ensure that the development provides adequate facilities for waste collection and promotes recycling in accordance with Policies 1 (Development Requirements) 17 (Managing Flood Risk) and 18 (Surface Water Management) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development]

 

20.       No development shall take place on any individual phase until details of the access, appearance, landscaping, layout, and scale ("the reserved matters") for that specific phase of the development have been submitted to and approved in writing by the Borough Council. The development shall be carried out in accordance with the approved details.

 

            [To comply with the requirements of section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

21.       Each reserved matters application shall be accompanied by the following details, and this shall substantially accord with the Design and Access Statement (Ref: P18-2350_27 Rev G November 2019) received on the 12 November 2019, the Illustrative Master plan (Drawing Number: P18-2350_06 Rev L) received on 12 November 2019 and details approved under the above conditions:

 

a)         A detailed layout plan of the phase in context with the whole site.

b)         The siting, design and external appearance of the proposed buildings.

c)         The means of access; car parking and provision for service vehicles.

d)         Facing, roofing and hard surfacing materials.

e)         Plans, sections and cross sections of any roads or access/ service roads or pedestrian routes within the application site, and this shall include details of bridges, culverts, drainage, sewerage and public utilities.

f)          The layout and marking of car parking, servicing, manouvering areas and cycling storage for each building.

g)         The means of enclosure to be erected on site.

h)         The finished ground levels for the site and floor levels of the buildings relative to existing levels and adjoining land and in relation to the ground levels or contours proposed in any adjacent landscaping scheme.

i)          Plant and equipment and other structures.

j)          Recycling and bin storage facilities including an area for 3 wheeled bins for each dwelling and community bin storage for apartments and commercial areas.

k)         Details of the means of foul and surface water drainage together with a programme of implementation and means to ensure there is no run off onto Wellington Avenue.

l)          The detailed design of all junctions, which shall include details of visibility splays.

m)        Drainage and rainwater run off systems including SuDS which shall accompany any road layout submission and detail maintenance/ management arrangements.

n)         The siting and appearance of contractors compounds including heights of stored materials, boundaries and lighting together with measures for the restoration of the disturbed land and noise mitigation.

o)         The number and location of the affordable dwellings to be provided together with the mix of dwellings in terms of the number of bedrooms and the proportion of houses and flats, broken down between social rented, affordable rented and intermediate units for each phase.

p)         Detailed plans of the layout of the play areas, equipment, open space and other green infrastructure.

q)         Detailed plans and information relating to the opening up of culverted water courses.

r)          Each reserved matters application for residential development shall be accompanied by a statement assessing the development against the Building for Life Standards. The development shall thereafter be carried out in full accordance within the approved scheme.

s)         Each reserved matters application for a non-residential use (excluding the Community Hall and Local Centre Units) shall be accompanied by a statement detailing how each nonresidential building shall achieve a minimum of BREEAM Very Good (or the equivalent level of such national measure of sustainability for employment building design that replaces BREEAM).

 

The development shall thereafter be implemented in accordance with the details approved and for any phase the part of the development to which the particular item or facility relates shall not be occupied until each one has been completed for that phase in accordance with the approved details.

 

            [To comply with the requirement of Section 92 of the Town and Country Planning Act 1990 (as amended) and to ensure the development will be satisfactory and in the interests of visual amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

22.       No development of any phase shall begin until reserved matters submissions on landscaping have been submitted to and approved in writing by the Borough Council. The submissions shall include full details of both hard and soft landscape works for that phase and a programme for their implementation. Hard landscaping details shall include proposed finished levels or contours, means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas, surfacing materials, minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs and lighting) and proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines). Soft landscaping details shall include proposed contours, planting plans (including woodland planting and the community orchard), written specifications (including cultivation and other operations associated with plant and grass establishment) and schedules of plants/trees, including species use of plants/trees, numbers and densities. Only native species appropriate to the local area and of native genetic origin shall be used in areas of 'natural' planting around the boundaries of the site in habitat creation areas, and in green corridors through the site. The works shall be carried out as approved. Any tree (s) or planting which die, are removed or become seriously damaged or diseased within 5 years of completion of the development within that phase shall be replaced in the next planting season with others of a similar size and species.

 

            [In the interests of amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Borough Non-Statutory Replacement Local Plan and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development]

 

23.       No work shall be carried out and no plant, equipment or materials brought on to the site, in any phase, until there has been submitted to and approved in writing by the Borough Council for that phase:

 

a)         a plan showing the location of, and numbering, each existing hedge and tree within the phase (including trees and hedges on the route of construction traffic), plus trees on adjoining land whose crowns overhang the site, and identifying all trees and hedges which are to be retained;

b)         details of the species, trunk diameter, height and general health and stability of each tree to be retained;

c)         details of any proposed lopping or topping of any tree to be retained;

d)         details of any proposed alterations in ground levels and of any excavations proposed within the crown spread of any tree to be retained;

e)         details of the position and specification of fencing or other measures for the protection before and during the course of development of any tree or hedge to be retained.

 

The development shall thereafter be undertaken in accordance with the approved details.

 

            [To ensure existing trees and hedgerows are adequately protected during the development and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development].

 

24.       Development shall not begin on any phase until the existing trees and hedges in that part of the site which are to be retained have been protected in accordance with the details approved pursuant to condition 24 above. Protection shall be retained for the whole of the construction period of that phase. No materials, machinery or vehicles shall be stored, no buildings erected and no excavation works undertaken within the protected areas. No changes to ground levels shall be made within the protected areas without the prior written agreement of the Borough Council.

 

            [In the interests of amenity and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy. These details are a pre-commencement requirement due to the need to design an appropriate scheme for the site to ensure a comprehensive development]

 

25.       The maximum heights (to ridge) of any building shall not exceed a maximum of 3 storeys for B1 (office space); 13.5metres (Commercial); and 10.5metres (residential).

 

            [To protect the visual amenities of the area and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

26.       No residential unit shall be occupied until the access, servicing and car parking facilities associated with that unit has been provided in accordance with details submitted to and approved in writing by the Borough Council and these facilities shall be retained for the lifetime of the development.

 

            [In the interest of highway safety and to ensure a satisfactory development in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

27.       No residential unit or occupier of any business unit hereby permitted shall be occupied until a Travel Plan Framework relating to that type of development has been submitted to and approved in writing by the Borough Council. This shall set out proposals (including targets, a timetable and enforcement mechanism) to promote travel by appropriate sustainable modes as agreed with the Borough Council and shall include arrangements for monitoring of progress of the proposals. The approved Travel Plan / Plans shall be implemented in accordance with the timetable set out in that plan.

 

            [To promote sustainable travel in accordance with the aims of Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

28.       No residential unit or business unit hereby permitted shall be occupied or brought into use until the owners/occupiers of the site have appointed and thereafter continue to employ or engage, a site-wide travel plan coordinator who shall be responsible for the implementation, delivery, monitoring and promotion of the sustainable transport initiatives set out in the Travel Plan Framework approved under Condition 28 for the lifetime of the Travel Plan. The details of the site-wide travel plan coordinator shall be provided and continue to be provided to the Local Planning Authority for the duration of the approved Travel Plan monitoring period.

 

            [To promote sustainable travel in accordance with the aims of Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

29.       The site-wide travel plan coordinator shall submit reports to and update the TRICS database in accordance with the Standard Assessment Methodology (SAM) or similar to be approved and to the Local Planning Authority in accordance with the Travel Plan Framework monitoring periods. The monitoring reports submitted to the Local Planning Authority shall summarise the data collected over the monitoring period and propose revised initiatives and measures where travel plan targets are not being met including implementation dates to be approved in writing by the Local Planning Authority and which shall inform individual Travel Plans.

 

            [To promote sustainable travel in accordance with the aims of Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

30.       Prior to the occupation of any business employing more than 20 employees, the owner and the occupier of each business unit, shall work with the site wide travel plan coordinator and within 5 months of occupation produce a detailed travel plan that sets out preliminary model split information and final targets with respect the number of vehicles using the site and the adoption of measures to reduce single occupancy car travel consistent with the approved Framework Travel Plan. The Travel Plan shall be implemented in accordance with the approved timetable and be updated consistent with future site-wide travel initiatives including implementation dates to the satisfaction of the Local Planning Authority.

 

            [To promote sustainable travel in accordance with the aims of Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

31.       No dwelling shall be occupied until a standard 32 amp single phase socket for the charging of electric vehicles has been fitted at an appropriate position in accordance with details previously submitted to and approved in writing by the Borough Council.

 

            [To enable the use of non-carbon based technology in accordance with the guidance contained within the National Planning Policy Framework, Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

32.       Notwithstanding the provisions of the Town and Country Planning Use Classes (Amended) Order 2005 (or in any provision equivalent to the Class in any statutory instrument revoking and re-enacting that Order with or without modification), any non-residential buildings falling within Classes B2 and B8 constructed pursuant to this outline planning permission shall only be used for B2 and B8 purposes. There shall be no subsequent change of use to one falling within Class B1(a) without the benefit of obtaining planning permission. Any such an application shall be supported with a Transport Assessment.

 

            [To clarify the extent of the permission, to limit traffic generation and to ensure that adequate parking facilities are provided in connection with the development and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

33.       No new non-residential unit shall be occupied until a scheme has been submitted to and agreed in writing by the Borough Council to cover the following:

 

a)         hours of operation of those premises,

b)         details of delivery handling equipment and industrial processes to be undertaken,

c)         details of externally mounted plant, equipment, tools and machinery or internally mounted plant, equipment, power tools and machinery which vents externally,

d)         associated structural planting and external and internal buffer zones to mitigate any noise generated

e)         hours of deliveries taken at or dispatched from and waste collection.

 

The units shall thereafter be used, and any plant /equipment shall be installed, and retained in accordance with the approved scheme.

 

            [To ensure a satisfactory development and to protect the amenities of the area in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

34.       Deliveries to and distribution associated with the existing B8 uses (hangars 1 -5) including plant and equipment, shall only take place between the hours of 08:00 - 18:00 Monday to Friday, 09:00- 13:00 Saturday and not at all on Sundays and Bank Holidays.

 

            [To protect the amenities of neighbouring residential properties and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

35.       No goods or materials shall be stored or displayed for sale and no work shall be undertaken on the open area of any B1, B2 and B8 units on the site without the prior written approval of the Borough Council.

 

            [To protect the amenities of the area and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

36.       No security lighting or floodlighting shall be installed, on the employment premises or associated open areas, until full details have been submitted to and approved in writing by the Borough Council. Such details shall include a lux plot of the estimated illumination. The installations shall be designed, located and installed so as not to cause a nuisance to neighbouring residents, and to avoid significant impacts on foraging commuting bats. The development shall take place in accordance with the approved scheme and shall thereafter be retained in accordance with the approved details.

 

            [To protect the amenities of the area and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

37.       No part of the non-residential development shall be brought into use until the access, servicing and car parking facilities associated with that part of the development have been provided in accordance with details which shall first have been submitted to and approved in writing by the Borough Council and these facilities shall be retained for the lifetime of the development.

 

            [In the interest of highway safety; and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

38.       The approved Detailed Remediation Scheme must be carried out in accordance with its terms prior to the commencement of any development other than that required to carry out remediation in that phase. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a written verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and is subject to the approval in writing of the Borough Council. No new buildings shall be occupied until the verification report relevant to that building has been approved by the Borough Council.

 

            [To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

39.       If, during the development, contamination not previously identified is found to be present at the site then no further development in that phase shall be carried out until the developer has submitted, and obtained written approval from the Borough Council for, an amendment to the Detailed Remediation Scheme detailing how this unsuspected contamination shall be dealt with, and the development shall be carried out in accordance with the approved scheme.

 

            [To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

40.       Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there are multiple tankages, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of the interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and sight glasses must be located within the bund or have a separate secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund.

 

            [To prevent pollution of the existing water environment and to comply with Policies 1 (Development Requirements) 17 (Managing Flood Risk) and 18 (Surface Water Management) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

41.       This permission shall relate to the details submitted under 10/02105/OUT as originally submitted on the 3rd February 2011 and revised under 15/00583/VAR and 16/02864/VAR as amended by the following additional/revised plans and documents (such plans and documents may be subject to revision to accord with the above conditions):

 

a)         Illustrative Masterplan (P18-2350_06 Rev L, Pegasus Group)

b)         Phasing Plan (P18-2350_08 Rev H, Pegasus Group)

c)         Illustrative Landscape Masterplan (P18-2350_23 Rev G, Pegasus Group)

d)         Illustrative Landscape Sections A-G (P18-2350_24 Rev D, Pegasus Group)

e)         On-Site Leisure Provision (P18-2350_25 E, Pegasus Group)

f)          TPO'd Tree Removal, Retention and Replacement Plan (P18-2350_28 Rev E, Pegasus Group)

g)         Nottinghamshire Rapid Health Impact Assessment Matrix (Rev A, 07.11.2019)

h)         Phase I & II Geo-Environmental Investigation (GML19112/2/0, Geo-Matters Ltd)

i)          Transport Assessment (SKP/TM 21095-01_Transport Assessment Rev 2, David Tucker Associates)

j)          ES Addendum - Transport (SP/TM/21095-02 ES Addendum - Transport Rev 1, David Tucker Associates)

k)         Design and Access Statement (P18-2350_27 Rev G, Pegasus Group)

l)          Technical Justification (Condition 22) June 2019, Turley

m)        Transport Assessment Addendum (SP/TM21095-03 Transport Assessment Addendum, David Tucker Associates)

 

            [For the avoidance of doubt and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

42.       The highway link between the northern most egress from the existing hangars/commercial area, marked as "Non-Commercial Vehicle Exit Only" on the Illustrative Masterplan (drawing number P18-2350_06 Rev L, Pegasus Group) between blocks "R2" and "R3" and the main development spine road shall not be brought into use until a scheme to prevent its use by commercial vehicles (greater than 3.5t in weight), restricting its use to exit only , and to discourage use of Wellington Avenue by traffic associated with the hangars / commercial area has been submitted to and approved in writing by the Local Planning Authority. Thereafter the scheme shall be implemented in accordance with approved details and retained and maintained as such for as long as the link serves a commercial area. Any such measures required by the aforementioned scheme shall be installed within the Highway on the residential side of the link only.

 

            [In the interest of highway safety; and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policies 10 (Design and Enhancing Local Identity) and 22 (Strategic Allocation at Former RAF Newton) of the Rushcliffe Local Plan Part 1: Core Strategy.]

 

Notes to Applicant

 

As from 6 April 2008 this Authority is charging for the discharge of conditions in accordance with revised fee regulations which came into force on that date. Application forms to discharge conditions can be found on the Rushcliffe Borough Council website.

 

This permission is subject to an Agreement made under the provisions of Section 106 of the Town & Country Planning Act 1990 (as substituted by the Planning & Compensation Act 1992) relating to education, open space, allotments, orchards, play areas, leisure contribution, highways, bridge, travel plan coordinator, travel plan, bus service, affordable housing, community hall, community contributions, Suds and monitoring. You are advised to view the Agreement for full details. The contributions have been calculated in relation to 550 dwellings. Payments are subject to indexation.

 

The term `affordable housing' in this instance is as defined in the National Planning Policy Framework (Annex 2: Glossary) Social rented, affordable rented and intermediate housing provided to eligible households whose needs are not met by the market. Eligibility is determined with regard to local incomes and local house prices. Affordable housing should include provisions to remain at an affordable price for future eligible households or for the subsidy to be recycled for alternative affordable housing provision.

 

 

Social rented housing is owned by local authorities and private registered providers (as defined in section 80 of the Housing and Regeneration Act 2008), for which guideline target rents are determined through the national rent regime. It may also be owned by other persons and provided under equivalent rental arrangements to the above, as agreed with the local authority or with the Homes and Communities Agency.

 

Affordable rented housing is let by local authorities or private registered providers of social housing to households who are eligible for social rented housing.  Affordable Rent is subject to rent controls that require a rent of no more than 80% of the local market rent (including service charges, where applicable).

 

Intermediate housing is homes for sale and rent provided at a cost above social rent, but below market levels subject to the criteria in the Affordable Housing definition above. These can include shared equity (shared ownership and equity loans), other low cost homes for sale and intermediate rent, but not affordable rented housing.

 

Homes that do not meet the above definition of affordable housing, such as "low cost market" housing, may not be considered as affordable housing for planning purposes.

 

It should be noted that no financial contributions towards secondary school provision has been required on the basis that it has been demonstrated that South Nottinghamshire Academy at Radcliffe on Trent has sufficient capacity to accommodate pupils arising from this development. It is therefore anticipated that children of secondary school age would attend the South Nottinghamshire Academy at Radcliffe on Trent and not Toothill Academy.

 

The overall scheme for the development of this site will involve the provision of on-site infrastructure including road, foul and surface water sewers, mains water and other direct services. In addition to discussing normal planning requirements with the planning authority, the developer should approach

 

a)         the highway authority with regard to the formation of access to the highway and the requirement for the adoption of the estate road(s), if applicable; 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 in writing before any work commences on site.

b)         Severn Trent Water on 0800 783 4444 should be contacted about the design and provision of foul and surface water sewers and for adoption information; the Environment Agency, for information on  flood risk and on- or off-site storm water requirements; the Nottinghamshire Constabulary Architectural Liaison Officer regarding measures to combat crime;

c)         the Council's Leisure Services Division for information on the provision and specification for open spaces and play areas,

d)         the Council's Landscape Officer for advice on incorporating existing landscape features as well as the principles for new landscaping and planting species and specifications, and tree preservation;

e)        East Midlands Electricity, if provision needs to be made for a new sub-station.

f)         Natural England in relation to nature/ecology matters and soil conservation

 

A flood risk assessment should be submitted at each stage of the planning process. For example, when more detail concerning the location of dwellings/ land parcels is available, then areas must be identified to be set aside for the provision of SUDS measures. The Environment Agency do not consider oversized pipes or box culverts as sustainable drainage. Should infiltration not be feasibly at the site, alternative above ground sustainable drainage should be used. Surface water run off should be controlled as near to source as possible through a sustainable drainage approach to surface water management. Sustainable Drainage Systems (SuDS) are an approach to managing surface water run - off which seeks to mimic natural drainage systems and retain on -site as opposed to traditional drainage systems  which involve piping water off- site as quickly as possible. Please contact Stuart Taylor at the Environment Agency on 0115 8463654 regarding flood risk queries and your attention is drawn to the requirements and advice of the Environment Agency contained in the attached copy letter.

 

The site will be subject to the Control of Pollution (Oil Storage)(England) Regulations 2001 which apply to the storage of oil or fuel of any kind in any kind of container which is being used and stored above ground, including drums and mobile bowsers, situated outside a building and with a storage capacity which exceeds 200 litres.

 

A person with custody or control of any oil or fuel breaching the Regulations will be guilty of a criminal offence.  The penalties are a maximum fine of £5000 in Magistrates' Court or an unlimited fine in Crown Court.  Further details of the regulations are available from the Environment Agency

 

In relation to condition  5 and 22 (q) you are advised that the current 750mm diameter surface water culvert runs underneath the existing development as shown within the submitted Flood Risk Assessment ( Appendix B) drawing SK01:-  Existing 750mm Diameter Sewer and Existing Ditches. The opening of the culvert would bring amenity and biodiversity benefits to the watercourse. Culverts also bring blockage risks and could increase risk of flooding to others. The Environment Agency would expect the details and information to cover the following requirements:-

 

a)         Information to demonstrate there is no flood risk from the open watercourse to the new development.

b)         Information showing the new alignment of the watercourse

c)         Cross sections of the new open watercourse

d)         Method statement for the planned works include bank works

e)         Biodiversity and ecological benefits from the works including all new planting

f) Information to demonstrate adequate easements from the open watercourse.

 

The increased amount of waste water and sewage effluent produced by the new developments will need to be dealt with to ensure that there is no deterioration in the quality of the water courses receiving this extra volume of treated effluent. As such there may be a requirement for the expansion and upgrading of current sewage treatment systems, if the volume of sewage requiring treatment with the district increases. Close liaison with Severn Trent will be required. You are advised to consult Severn Trent Water Limited who should be satisfied that the sewerage and sewage disposal systems serving the development have sufficient capacity to accommodate additional flows, generated as a result of the development, without causing pollution.

 

Severn Trent Water advise that there is a public sewer located within the application site. Public sewers have statutory protection by virtue of the Water Industry Act 1991 as amended by the Water Act 2003 and you may not build close to, directly over or divert a public sewer without consent. You are advised to contact Severn Trent Water to discuss your proposals. Severn Trent Water will seek to assist you in obtaining a solution which protects both the public sewer and the proposed development and you are advised to contact Severn Trent Water directly on 0116 2343834.

 

The applicants should consult Severn Trent Water Limited who should be satisfied that the sewerage and sewage disposal systems serving the development have sufficient capacity to accommodate additional flows, generated as a result of the development, without causing pollution

 

The development should comply with the Site Waste Management Regulations 2008.

 

The individual dwellings should be designed so as to accommodate:

 

a)         3 x wheeled bins within the individual curtilages.

b)         apartment blocks should have land available to accommodate bulk containers for refuse and recycling. For each type of waste the formula is number of apartments x 240l/1100= number of bulk containers.

 

Please contact Dave Thomas at Rushcliffe Borough Council on 0115 9148396 for further information.

 

Dog fouling bins and on street litter/ recycling bins as specified by the Borough Council will need to be located within areas such as open spaces and play areas, footpaths, car park and thoroughfares. Please contact Dave Thomas on 0115 9148396 for further information.

 

You are advised to contact Nottinghamshire Police Force Architectural Liaison Officer in respect to achieving a scheme that complies with Secured by Design and the seven attributes contained in the ODPM Document - Safer Places - The Planning System and Crime Prevention.

 

This permission does not give any legal right for any work on, over or under land or buildings outside the application site ownership or affecting neighbouring property, including buildings, walls, fences and vegetation within that property.  If any such work is anticipated, the consent of the adjoining land owner must first be obtained.  The responsibility for meeting any claims for damage to such features lies with the applicant.

 

 

This grant of planning permission does not alter the private legal situation with regard to the carrying out of any works involving land which you do not own or control. You will need the consent of the owner(s) involved before any such works are started.

 

For further information on the content of contaminated land reports please contact the Borough Council's Environmental Health Department on 0115 9148322.

 

You are reminded that a number of trees on the site are protected by a Tree Preservation Order and therefore careful attention will need to be paid to any reserved matters application to ensure their retention and long term protection.

 

It is suggested that the developer works with artists/designers/design teams in order to create a high quality environment for people to work, live and play, which reflects the characteristics of local landscape and heritage. The developer is also encouraged to consider the use of public art which can be decorative or functional.

 

It is suggested that the developer work with the Parish Council and local youth groups to ascertain the type of equipment sought for the play area space.

 

Construction traffic shall use preferred routes which shall exclude such traffic passing through Newton Village.

 

The proposed development lies with a coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development this should be reported to The Coal Authority. Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority. Property specific summary information on coal mining can be obtained from The Coal Authority Properties Search Service on 0845 7626848 or at www.groundstability.com.

 

The evidence base for the site wide Energy Statement, referred to in conditions 6 shall include a detailed assessment of anticipated energy usage patterns across the site when occupied. The strategy shall include identification of opportunities for reducing energy loads and for generating on-site low or zero carbon energies.

 

The proposed development includes a bridge crossing of the A46. Such a crossing will require the prior consent of Highways Agency and County Council as Highways Authority.

 

Attention is drawn to the fact that this permission does not entitle the applicant to obstruct in any way the public rights of way are within the application site.  If it is intended to divert or stop up any public rights of way the appropriate legal steps must be taken before development commences. Please contact the Borough Solicitor for advice on the procedures. (Tel 01159 9148215)Due regard must be had at the reserved matters stage to ensure that access to these are maintained.

 

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 road works.

 

The Advanced Payments Code in the Highways Act 1980 applies and under section 219 of the Act payment will be required from the owner of the land fronting a private street on which a new building is to be erected. The developer should contact the Highway Authority with regard to compliance with the Code, or alternatively to the issue of a Section 38 Agreement and bond under the Highways Act 1980. A Section 38 Agreement can take some time to complete. Therefore, it is recommended that the developer contact Nottinghamshire County Council as Highway Authority as early as possible.

 

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 Nottinghamshire County Council.

 

The highway proposals associated with this permission involve works within the public highway which is land over which you have no control. The Highways Agency therefore requires you to enter into a Section 278 agreement to cover the design and construction of the works. Please contact Assistant Area Development Manager, Kamaljit Khokhar on 0121 678 8390 at an early stage to discuss the highways agreement.

 

With regard to condition 4 such a strategy shall ensure that the bus services and corresponding bus stops are available whether temporary or permanent within 400m of any building prior to it becoming occupied or being brought into use. This shall ensure the bus route is attractive to customers, the route through the site shall include fully lit bus stop poles with timetable cases and bus stop flags, raised kerbed bus boarders, and dropped kerbed wheelchair and pushchair access at all locations, lit bus shelters at 1 in 3 locations with real time displays, bus stop clearways and bus stop cages at key locations, 'supa' shelters at the district centre, appropriate layover points, and an information kiosk.

 

Advice regarding travel plans can be obtained from the Travel Plans Officer on telephone 0115 9774523.

 

Natural England have confirmed that they support the proposed mitigation strategy and given that bats are a European protected species through the Conservation of Habitats and Species Regulations ( 2010) , a licence for works affecting the bat roosts will need to be obtained. Under Regulation 53, activities which would otherwise contravene the strict protection regime offered to European Protected Species under regulation 41 can only be permitted where it has been shown that certain tests have been met. Within the context of a planning application these are:

 

a)         The activity is for the purpose of preserving public health or safety or for other imperative reasons of overriding public interest

b)         There is no satisfactory alternative

c)         The favourable conservation status of the species in question is to be maintained.

 

You are advised to contact Natural England on 0300 0600789 for further advice. 

 

The submitted protected species survey has confirmed that there is evidence of protected species and no work should, therefore, be undertaken until a licence has been obtained from Natural England.

 

Nesting birds and bats, their roosts and their access to these roosts are protected under the Wildlife and Countryside Act 1981.  Should birds be nesting in the trees concerned it is recommended that felling/surgery should be carried out between September and January for further advice contact Nottinghamshire Wildlife Trust on 0115 9588248.  If bats are present you should contact English Nature on 01476 584800.

 

Defra (now Natural England) advise an appropriately experienced soil specialist should be instructed to advise on and supervise soil handling, including identifying when soils are dry enough to be handled and how to make the most sustainable use of the different soils on site, in particular in retaining the long term potential of agricultural soils on the site. Guidance is available in Defra 'Construction Code of Practice for Sustainable Use of Soils on Construction Sites and it is recommended that this is followed. Condition 19. Relating to the CEMP requires measures at (i) to minimise the potential compaction and structural degradation of top soils and ensure potential for re use is maximised. These measures should aim to ensure that:-

 

a)         Potential damage to top soils by vehicles is minimised

b)        Top soils are excavated and moved only when dry and friable in consistency

c)         The amount of organic matter incorporated into excavated soil strips is minimised (including by ensuring grass sward is closely mown and all cuttings are removed at an appropriate time prior to soil excavation);

d)        Topsoil stripping methods and construction of topsoil stockpiles are appropriate.

 

The fume extraction scheme should include both projected noise levels and details of equipment installed to suppress and disperse fumes and/or odour produced by cooking and food preparation.

 

In addition the following advice is given by the Head of Environmental Health:-

 

a)         The extract vent should terminate no less than 0.6 m (ideally 1m) above the ridge of the building and not less than 1m above any open able window/skylight.

b)         The extract vent should be installed internally as far as possible, if there is

            a likelihood of conflict with any planning requirements).

c)         The system must be in use at all times when cooking is carried out in the premises.

d)         Details of the expected noise levels generated by the fan, which are required to be supplied, must include full octave band analysis.

e)         All mountings and fixings shall incorporate anti-vibration mounts in order to reduce airborne and structure-borne noise transmission.

f)          The extract vent should not be fitted with any restriction at the final opening i.e. cap or cowl

g)         The system should be designed to allow the collection and removal of rainwater in order to prevent water entering the fan unit.

 

Prior to preparing the scheme you are advised to discuss the details with one of the Borough Environmental Health Officers on (0115) 914 8322

 

You are advised to ensure disturbance to neighbours is kept to a minimum during construction by restricting working hours to Monday to Friday 7.00am to 7.00pm, Saturday 8.00am to 5.00pm and by not working on Sundays or Bank Holidays. If you intend to work outside these hours you are requested to contact the Environmental Health Officer on (0115) 914 8322 beforehand

 

You are advised that the demolition and disposal of asbestos requires special measures.  Further advice can be obtained from Nottinghamshire County Council (0115 977 2019).  Alternatively you can obtain an asbestos fact sheet from their website www.nottinghamshire.gov.uk

 

For further information on the content of contaminated land reports please refer to the Borough Council's publication "Developing Land within Nottinghamshire - A Guide to submitting Planning Applications for Land that may be contaminated". This booklet is available from Rushcliffe Borough Council's web site www.rushcliffe.gov.uk or by contacting the Environmental Health Services directly on (0115) 914 8322.

 

Where identified as required in the Detailed Remediation Scheme, prior to occupation of any building in a phase a total cover of 700mm, including 200mm imported certificated clean soil, plus a capillary break layer of 100mm shall be used for garden and landscaped areas (with the exception of the allotment land and community orchard). A scheme for the certified clean soil and capillary break layer for the allotment and community orchard areas shall be submitted to the Borough Council, prior to the commencement of development of these respective areas, and the scheme shall be carried out in accordance with the approved details. The certificates of analysis for the use of on site or imported clean soils for each phase shall be submitted to the Borough Council.

 

19/02622/FUL – Proposed new dwelling (resubmission) – Land West of School Lane, Colston Bassett, Nottinghamshire.

 

Updates

 

A Representation was received from Councillor Combellack (ward Councillor) after the agenda was published and was circulated to the Committee before the meeting.

 

In accordance with the Council’s public speaking protocol Josie McGuirk (Colston Bassett Parish Council - objector) and Councillor Combellack (ward Councillor) addressed the committee.

 

DECISION

 

GRANT PLANNING PERMISSION FOR THE FOLLOWING REASONS SET OUT IN THE REPORT SUVJECT TO THE FOLLOWING CONDITIONS.

 

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

 

[To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004].

 

 2.        No operations shall commence on site until a detailed Arboricultural Method Statement including tree protection measures has been submitted to and approved in writing by the Borough Council. The statement shall cover the implementation, supervision and monitoring of all temporary tree protection during the construction period including the appointment of a project arboriculturist, a work programme, and a schedule of monitoring & supervision. The method statement shall also include full details of the erection of tree protection barriers and, if required, the installation of temporary ground protection barriers in accordance with the best practice set out in ‘BS5837, Trees in Relation to design, demolition and construction – Recommendations.’ It should also take into account the movement of vehicles on site, the storage or materials, ground level changes, the excavation and storage of spoil, the location of service runs and the installation of hard surfaces. The development shall be undertaken in full compliance with the approved Statement and the approved tree protection shall be retained for the duration of the demolition and construction period.  No materials, machinery or vehicles shall be stored or temporary buildings erected within the perimeter of the tree protection barriers, and no excavation work shall be undertaken within the confines of the barriers without the written approval of the Borough Council. No changes of ground level shall be made within the protected area without the written approval of the Borough Council. 

 

            [To ensure trees are adequately protected during construction of the development and to comply with policy 37 (Trees and Woodlands) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  This condition needs to be discharged before development commences to ensure that no damage is caused to the trees within/adjacent to the site during the construction phase]. 

 

 3.        The development hereby permitted, including construction of the proposed vehicular access, driveway and parking area, shall be carried out in accordance with the following approved plans:

 

*          SAL/1921/Ppsd/10 Revision A

*          SAL/1921/Ppsd/11

*          1132 001 A

*          1132 002 A

 

            [For the avoidance of doubt and to comply with policy 1 (Development requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

 4.        No development shall take place until the applicants, or their agents or successors in title, have secured the implementation of a programme for a watching brief to be carried out during construction or excavation work on the site, by a professional archaeologist or archaeological organisation. The details of such a scheme of investigation shall be submitted to and approved in writing by the Borough Council also prior to the commencement of the development on the site.

 

            [To ensure that any archaeological items are recorded and to comply with Policy 11 (Historic Environment) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 29 (Development Affecting Archaeological Sites) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  This condition needs to be discharged before an excavations take place on site to ensure that measures are in place to record any items of archaeological interest during the implementation of the development].

 

 5.        No development shall take place until an Ecology Report has been submitted to and approved in writing by the Borough Council, and the development shall thereafter be carried out in accordance with recommendations/mitigation measures contained in the report.

 

            [To ensure the ecology of the site is protected and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.  This condition needs to be discharged before development commences on site to ensure that any ecological interest is identified before development commences and any impacts appropriately mitigated].

 

 6.        The vehicular access, driveway and parking area shall only be constructed using a no-dig construction in accordance with the details to be previously submitted to and approved in writing by the Borough Council.

 

            [To ensure trees are adequately protected during construction of the development and to comply with policy 37 (Trees and Woodlands) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].  

 

 7.        Construction of the building shall not proceed beyond damp proof course level until details of facing and roofing materials to be used on all external elevations have been submitted to and approved in writing by the Borough Council. The development shall only be undertaken in accordance with the materials so approved.

 

            [To ensure the appearance of the development is satisfactory and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

 

 8.        The development hereby permitted shall not be occupied until details of the materials and method of construction to be used on the hard surfaced areas of the site have been submitted to and approved in writing by the Borough Council and the development shall only be undertaken in accordance with the materials so approved.

 

            [To ensure the appearance of the development is satisfactory and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

 9.        The development hereby permitted shall not be occupied until the vehicular access has been surfaced in a hard bound material for a distance of 5m behind the carriageway edge and provided with measures to prevent the discharge of surface water on to the public highway, and the visibility splays as shown indicatively on drawing SAL/1921/PPSD/10 have been provided. These facilities shall be retained and the area within the splays shall be kept free of all obstructions, structures or erections exceeding 1.05 metres in height for the lifetime of the development.

 

            [In the interests of highway safety and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

10.      The development hereby permitted shall not be occupied until details of all screen fencing/walling and means of enclosure to be erected on the site have been submitted to and approved in writing by the Borough Council, and screen fencing/walling and means of enclosure shall only be provided in accordance with the approved details.

 

            [In the interests of amenity and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

11.      Prior to the installation of external security lighting/floodlighting, details of any such lighting shall be submitted to and approved in writing by the Borough Council, together with a lux plot of the estimated illuminance.  The lighting shall be installed only in accordance with the approved details.

 

            [To protect the amenities of the area and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

12.      The dwelling shall not be occupied until a landscaping scheme has been submitted to and approved in writing by the Borough Council. The approved scheme shall be carried out in the first tree planting season following the substantial completion of the development. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Borough Council gives written consent to any variation.

 

            [In the interests of amenity and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

13.      Notwithstanding the provisions of Schedule 2, Part 1 Classes A - D of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) there shall be no enlargement or alteration of the proposed dwelling(s), and no alteration to or insertion of windows or roof lights other than those shown on the approved plans without the prior written approval of the Borough Council.

 

            [The development is of a nature whereby future development of this type should be closely controlled and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

14.      Notwithstanding the provisions of Schedule 2, Part 1 Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no buildings or enclosures, swimming or other pools shall be provided on the site without the prior written approval of the Borough Council.

 

            [The development is of a nature whereby future development of this type should be closely controlled and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

15.      Notwithstanding the provisions of Schedule 2, Part 1 Class F of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification) no hard surfaces shall be provided on the site other than those shown on the approved plans without the prior written approval of the Borough Council.

 

            [The development is of a nature whereby future development of this type should be closely controlled and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

 

Notes to Applicant

 

This Authority is charging for the discharge of conditions in accordance with revised fee regulations which came into force on 6 April 2008. Application forms to discharge conditions can be found on the Rushcliffe Borough Council website.

 

Any alterations to the School Lane boundary wall would require planning permission.

 

The development makes it necessary to construct a vehicular crossing over a verge of the public highway and you are therefore required to contact VIA (in partnership with Nottinghamshire County Council) on 0300 500 8080 to arrange for these works to take place.

 

This permission does not give any legal right for any work on, over or under land or buildings outside the application site ownership or affecting neighbouring property, including buildings, walls, fences and vegetation within that property.  If any such work is anticipated, the consent of the adjoining land owner must first be obtained.  The responsibility for meeting any claims for damage to such features lies with the applicant.

 

Please be advised that all applications approved on or after the 7th October 2019 may be subject to the Community Infrastructure Levy (CIL). The Borough Council considers that the approved development is CIL chargeable. Full details of the amount payable, the process and timescales for payment, and any potential exemptions/relief that may be applicable will be set out in a Liability Notice to be issued following this decision. Further information about CIL can be found on the Borough Council's website at https://www.rushcliffe.gov.uk/planningandgrowth/cil/

 

You are advised to ensure disturbance to neighbours is kept to a minimum during construction by restricting working hours to Monday to Friday 7.00am to 7.00pm, Saturday 8.00am to 5.00pm and by not working on Sundays or Bank Holidays. If you intend to work outside these hours you are requested to contact the Environmental Health Officer on 0115 9148322.

 

The Borough Council is charging developers for the first time provision of wheeled refuse containers for household and recycling wastes.  Only containers supplied by Rushcliffe Borough Council will be emptied, refuse containers will need to be provided prior to the occupation of any dwellings.  Please contact the Borough Council (Tel: 0115 981 9911) and ask for the Recycling Officer to arrange for payment and delivery of the bins

 

You are advised that the site is within a designated Conservation Area and any trees are therefore protected. Prior to undertaking any works to any trees you should contact the Borough Councils Conservation and Design Officer on 0115 9148243 and/or the Councils Landscape Officer on 0115 914 8558.

 

This grant of planning permission does not alter the private legal situation with regard to the carrying out of any works involving land which you do not own or control. You will need the consent of the owner(s) involved before any such works are started.

 

The provisions of the Party Wall Act 1996 may apply in relation to the boundary with the neighbouring property. A Solicitor or Chartered Surveyor may be able to give advice as to whether the proposed work falls within the scope of this Act and the necessary measures to be taken.

 

Condition 8 of this permission requires approval of details of the materials and method of construction for any hard surfaces within the site.  Where practicable, the method of construction should ensure that the finished surface is permeable to reduce risk of surface water run off from the site.

 

 

 

 

 

 

 

 

 

 


Supporting documents: