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.

 

20/01817/FUL – Change of use from dental surgery (use class D1) to a place of worship (use class D1) – 173 Loughborough Road, West Bridgford, Nottinghamshire

 

Updates

 

The Service Manager – Communities explained that the applicant had   lodged an appeal with the Secretary of State (The Planning Inspectorate) due to non-determination of the planning application. It was noted that jurisdiction to determine the application passed to the Secretary of State and that the Council were no longer able to make a formal decision on the application.

 

It was explained that in cases of non-determination appeals, it was important to gauge the views of the Planning Committee in order to advise the Planning Inspectorate what the decision of the Planning Committee would have been.

 

The recommendation for the planning application was changed in the published late representations to:

 

“It is RECOMMENDED that the Planning Inspectorate be informed that the Borough Council would have approved the Application subject to the following conditions.

 

A number of representations were received and additional comments were made by the planning officers after the agenda had been published and were circulated to the committee before the meeting.

 

In accordance with the Council’s public speaking protocol for planning

committee, Frances Williams (Objector) and Cllr Ben Gray (Ward Councillor) addressed the Committee.

 

Comments

 

The Committee considered that the proposal provided inadequate parking and that the proposed operating hours were unsociable and therefore would cause noise and disturbance to residents early in the morning and late at night.

 

Decision

 

The Planning Inspectorate be informed that the Borough Council would have refused the application for the following reasons:

 

1.             The use of the premises as a place of worship, as detailed in the documents accompanying the application, would lead to a significant harmful impact, by reason of noise and disturbance, upon the reasonable amenities of the neighbouring/nearby residential properties especially during early morning and late evening/night activity. This harmful impact would arise from general comings and goings, use of the carpark as well as use of the building for the intended use. This is contrary to Policy 10(2)(b) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1(1) of the Local Plan Part 2: Land and Planning Policies.

 

2.       Due to the intensity of the proposed use, the proposed facility would be served by an insufficient parking provision on site which would lead to significant overspill parking onto the surrounding highway network, which is already subject to high demand for on-street parking from existing residents, causing increased congestion on the highway network in the vicinity of the site. This situation would interrupt the free flow of traffic, to the detriment of highway safety through increased and unacceptable on street parking and by severely limiting the ability for two vehicles to pass each other safely within the carriageway. The development would therefore be contrary to Policy 14(2) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1(2) of the Rushcliffe Local Plan Part 2: Land and Planning Policies.

 

20/01313/FUL – Demolition of existing garages and erection of 5 no. dwellings with associated parking  – Land east of 75 Walcote Drive, West Bridgford Nottingham  

 

Updates

 

A representation from Nottinghamshire County Council as Highways Authority who considered that the amended layout would not result in a significant impact on the public highway were received after the agenda had been published and were circulated to the committee before the meeting.

 

In accordance with the Council’s public speaking protocol for planning

committee, Andrew Gatehouse (Applicant) and Cllr Ben Gray (Ward Councillor) addressed the Committee.

 

DECISION

 

PLANNING PERMISSION BE GRANTED SUBJECT 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.       The development hereby permitted shall be carried out in accordance with the following approved plans: 100-663/(P) 089A (Site Location Plan), 100-663/(P) 088 C (Ground/ First Floor Plans), 100-663/(P) 087 B (Elevations), and 100-663/(P) 086 E (Boundary Treatment Plan), received on 9 June 2020; and 100-663/(P) 082J (Revised Site Layout), received on 25 September 2020.

 

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

 

3.       No construction shall take place above damp course level until details of the facing and roofing materials have been submitted to and approved in writing by the Borough Council. The Development shall then be carried out in accordance with the approved details.

 

[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].

 

4.       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 Borough Council. The method statement shall also detail removal of asbestos. The method statement shall include an ecological construction method statement incorporating reasonable avoidance measures (RAMs). The works shall be carried out in accordance with the approved method statement.

 

[In the interest of neighbouring amenity and to comply with Policy 1 (Development Requirements) of the Local Plan Part 2: Land and Planning Policies. This condition needs to be discharged before work commences on site to ensure measures are in place during the construction phase to safeguard against potential impacts].

 

5.       Prior to the commencement of development, a Contaminated Land Report shall be submitted to and approved by the Borough Council which details the potential of PCB’s from the electrical substation and a full set of gas monitoring records. As a minimum, this report will need to include a Desktop Study. Where the Desktop Study identifies potential contamination, a Detailed Investigation Report will also be required. In those cases where the Detailed Investigation Report confirms that "contamination" exists, a remediation report and validation statement will also be required, to be submitted to and approved by the Borough Council prior to the commencement of development.

 

If during development any unexpected, visibly contaminated or odorous material or tanks or structures of any sort are encountered, remediation proposals shall be submitted to and approved in writing by the Borough Council, before further work is undertaken in the affected area and works shall proceed only in accordance with the agreed remediation proposals

 

[To ensure that the site, once developed, is free from contamination and 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. This is a pre-commencement condition as this matter needs to be addressed before work commences on site to inform any measures that may need to be taken during the construction phase].

 

6.       The approved dwellings shall be constructed to incorporate all of thesound attenuation measures detailed in the noise assessment (Ian Sharland Ltd Noise assessment ref M4531W) dated 2 April 2020 and the development shall not be brought into use until all of the measures have been fully implemented and these measures shall be retained thereafter for the lifetime of the development.

 

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

 

7.       The development shall not be brought into use until the parking areas have been constructed in accordance with drawing 100-663/(P) 082J and surfaced in a hard-bound material for a minimum distance of 5m from the rear of the highway boundary. The drives shall each be fronted with a suitably constructed dropped kerb access in accordance with Highway Authority standards. The drives shall be drained to prevent the unregulated discharge of surface water onto 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.

 

[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].

 

8.       No part of the development hereby permitted shall be brought into use until pedestrian visibility splays of 2.0 meters x 2.0 meters (measured from the highway boundary) are provided in accordance with drawing 100-663/(P) 082J. The area of land within these splays shall be maintained free from all obstruction over 0.6 meters above the carriageway level at all times.

 

[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].

 

9.       Prior to the development being brought into use, details of surface water drainage shall be submitted to and approved in writing by the Borough Council. Any proposed soakaway shall be located at least 5.0m to the rear of the highway boundary. The development shall then be carried out in accordance with the approved details.

 

[To manage surface water flooding and in interest of highway safety and to comply with Policy 18 (Surface Water Management) and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

10.     Prior to the first occupation of the development hereby approved, a landscaping scheme providing details of the proposed three replacement frontage trees shall be submitted to and approved by the Borough Council. The landscaping scheme shall be implemented within the next planting season following the approval of the landscaping scheme. Any trees which subsequently die, become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with others of a similar size and species, details of which shall be agreed in writing with the Borough Council.

 

[To ensure a satisfactory appearance of development and to comply with policy 16 (Green Infrastructure, Landscape, Parks and Open Space) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Local Plan Part 2: Land and Planning Policies].

 

11.     Prior to the development being brought into use, details of ecological enhancements shall be submitted to and approved in writing by the Local Planning Authority, taking into account, where appropriate, the ecological enhancements detailed in paragraph 5.9 of the Preliminary Ecological Appraisal. The approved ecological enhancements shall be implemented prior to the development being brought into use and shall thereafter be retained for the lifetime of the development.

 

[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 Policy 17 of the Local Plan Part 1: Rushcliffe Core Strategy].

 

12.     Prior to first occupation of each development plot, the approved boundary treatments as shown on plan 100-663(P) 086 E shall be installed to serve that plot and shall be maintained as such thereafter.

 

[In the interest of the amenities of future occupiers and the character and appearance of the area and to comply with policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

13.     The dwellings hereby permitted shall be designed 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 Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

14.     The development hereby permitted shall not proceed above foundation level until 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 the development on site. Thereafter, unless it has been demonstrated that the provision of electric vehicle charging points is not technically feasible, the use shall not commence until such time as the site has been serviced with the appropriate electric vehicle charging infrastructure, in accordance with the agreed scheme and the apparatus shall be retained for the lifetime of the development.

 

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

 

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 liable, however it may qualify for an exemption as it includes affordable housing which qualifies for mandatory or discretionary Social Housing relief. 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/

 

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.

 

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.

 

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 garages contain asbestos. You are advised that the demolition and disposal of asbestos requires special measures.  Further advice can be obtained from: https://www.hse.gov.uk/asbestos/essentials/index.htm

 

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

 

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.

 

The provision of a vehicular footway crossing requires works within the public highway on land outside your control. You are therefore advised to contact the Highways Authority on 0300 500 80 80 to arrange for these works.

 

         The use of external lighting (during construction and post construction) should be appropriate to avoid adverse impacts on bat populations, see http://www.bats.org.uk/pages/bats_and_lighting.html for advice and a wildlife sensitive lighting scheme should be developed and implemented.

         Permanent artificial bat boxes / bricks and wild bird nests (including Swallow/swift and sparrow cups /boxes) should be installed within buildings and on retained trees. Hedgehog features (corridors, access and shelter) and insect houses should be used as appropriate.

         New wildlife habitats should be created where appropriate, including wildflower rich neutral grassland, hedgerows, trees and woodland, wetlands and ponds.

         Any existing hedgerow / trees should be retained and enhanced, any hedge / trees removed should be replaced. Any boundary habitats should be retained and enhanced.

         Where possible new trees / hedges should be planted with native species (preferably of local provenance and including fruiting species). See https://www.rushcliffe.gov.uk/conservation/treeshedgesandlandscaping/landscapingandtreeplanting/plantingonnewdevelopments/ for advice including the planting guides (but exclude Ash (Fraxinus excelsior))

         Sustainable Urban Drainage schemes (SUDs) where required should be designed to provide ecological benefit.

         Good practice construction methods should be adopted including:

-         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.

-         No works or storage of materials or vehicle movements should be carried out in or immediately adjacent to ecological mitigation areas or sensitive areas (including ditches).

-         All work impacting on vegetation or buildings used by nesting birds should avoid the active bird nesting season, if this is not possible a search of the impacted areas should be carried out by a suitably competent person for nests immediately prior to the commencement of works. If any nests are found work should not commence until a suitably qualified ecologist has been consulted.

-         Best practice should be followed during building work to ensure trenches dug during works activities that are left open overnight should be left with a sloping end or ramp to allow animal that may fall in to escape. Also, any pipes over 200mm in diameter should be capped off at night to prevent animals entering. Materials such as netting and cutting tools should not be left in the works area where they might entangle or injure animals. No stockpiles of vegetation should be left overnight and if they are left then they should be dismantled by hand prior to removal. Night working should be avoided.

-         Root protection zones should be established around retained trees / hedgerows so that storage of materials and vehicles, the movement of vehicles and works are not carried out within these zones.

-         Pollution prevention measures should be adopted

         It is recommended that consideration should be given to energy efficiency, alternative energy generation, water efficiency, travel sustainability (including electric vehicle charging points and cycle storage and travel plan), management of waste during and post construction and the use of recycled materials and sustainable building methods.

 

20/01749/FUL – Proposed demolition of the existing dwelling and to construct a block of 5 apartments  – 201 Musters Road, West Bridgford, Nottingham   

 

Updates

 

Additional representations from 10 objectors and a clarification from the applicants agent were made after the agenda had been published and were circulated to the committee before the meeting.

 

In accordance with the Council’s public speaking protocol for planning

committee, Patrick Armstrong (Objector) and Cllr Rod Jones (Ward Councillor) addressed the Committee.

 

DECISION

 

PLANNING PERMISSION BE GRANTED SUBJECT 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.    The development hereby permitted shall be carried out in accordance with the following approved plans that were received on the 18 September 2020:

 

·       728 A01E PROPOSED GROUND AND FIRST FLOOR PLANS

·       728 A02F PROPOSED SECOND FLOOR PLAN AND SITE PLAN

·       728 A03E PROPOSED ELEVATIONS

 

[For the avoidance of doubt having regard to 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].

 

3.    Construction of the building shall not proceed beyond foundation level until details of all external materials 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 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]

 

4.    No occupation of the units shall occur until 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)      any structures to be erected or constructed.

 

The approved landscape scheme shall be carried out in the first tree planting season following the substantial completion of the development 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 ensure the appearance of the development is satisfactory 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 Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

5.    The development shall only be carried out in accordance with details of finished ground and floor levels in relation to an existing datum point, existing site levels and adjoining land which shall be submitted to and approved in writing by the Borough Council before the development commences and the development shall only be undertaken in accordance with the details so approved.

 

          [To ensure the appearance of the development is satisfactory 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 Rushcliffe Local Plan Part 2: Land and Planning Policies. This condition needs to be discharged before development commences on site as these details will have implications for the construction of the building].

 

6.    The window(s) in the side elevations of the proposed development at first floor shall be fitted with glass which has been rendered permanently obscured to Group 5 level of privacy or equivalent. The window in the north gable at second floor level shall be fixed shut and fitted with glass which has been rendered permanently obscured to Group 5 level of privacy or equivalent. The roof lights shall be located with a sill level no less than 1.7m, measured from the floor level in the rooms they serve. Thereafter, the windows shall be retained to this specification unless otherwise agreed in writing by the Borough Council.  No additional windows shall be inserted in the side elevations or roofslopes.

 

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

 

7.    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 Borough Council. The works shall be carried out in accordance with the approved method statement. If the use of a crusher is required, this should be sited as far as possible from nearby dwellings and be operated in accordance with its process authorisation.

 

[In the interest of the amenities of the area and nearby residential occupiers 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 as the approved details will need to be confirmed before the existing building is demolished and construction commences, to ensure that the amenity of the area is protected].

 

8.     Notwithstanding the details shown on the approved plans, and prior to the work commencing on the construction of the bin store as shown on the approved layout plans, details of the size, design and appearance of the structure shall first be submitted to and approved by the Local planning Authority. The store shall be capable of accommodating 12 wheeled bins and shall be constructed in accordance with the approved details prior to occupation of any of the flats.

 

      [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].

 

9.    The development hereby authorised shall not be occupied until bat/bird boxes and/or access points to bat roosts have been installed in accordance with details previously submitted to and approved in writing by the Borough Council. Thereafter the bat/birdboxes and/or access points shall be permanently retained.  

 

      [To ensure that adequate biodiversity enhancement measures are carried out and to comply with policies 1 (Development Requirements) and 38 (Non- Designated Biodiversity Assets the Wider Ecological Network) of the Rushcliffe Local Plan Part 2: Land and Planning Policies].  

 

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

 

      [To comply with the Government's Optional Technical Housing Standards, in the interests of water efficiency and in accordance with Policy 12 (Housing Standards) of the Rushcliffe Borough Local Plan Part 2: Land and Planning Policies].

 

11.        No apartments hereby permitted shall be occupied until a scheme for the provision of electric vehicle charging points has been submitted to and approved in writing by the Borough Council and the points have been installed in accordance with the approved details.  Thereafter the charging points shall be maintained and operated in accordance with the approved scheme for the lifetime of the development.

 

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

 

12.      Prior to any part of the development being brought into use, each apartment 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].

 

13.          No part of the development hereby permitted shall be brought into use until a dropped vehicular footway crossing is available for use at each access entrance and constructed with provision to prevent the discharge of surface water from the driveways to the public highway, in accordance with the Highway Authority specification. The crossing and provision to prevent the discharge of surface water to the public highway shall then be retained for the life of the development.

 

[In the interest of highway safety and to ensure surface water from the site is not deposited on the public highway causing dangers to road users 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 Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

14.          No part of the development hereby permitted shall be brought into use until the driveways and any parking areas are surfaced in a hard-bound material (not loose gravel) for a minimum of 5.0 metres behind the highway boundary. The surfaced driveways and any parking or turning areas shall then be maintained in such hard-bound material for the life of the development.

 

          [To ensure that adequate off-street parking provision is made, to reduce the possibility of deleterious material being deposited on the public highway, and to ensure surface water from the site is not deposited on the public highway, all in the interests of highway safety 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 Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

15.          No part of the development herby permitted shall be brought into use until pedestrian visibility splays of 1.0 metre x 1.0 metre are provided on each side of the vehicle accesses. These measurements are taken from and along the highway boundary. The area of land within these splays shall be maintained free from all obstruction over 0.6 metres above the carriageway level at all times.

 

          [In the interest of pedestrian safety 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 Rushcliffe Local Plan Part 2: Land and Planning Policies].

 

16.          No part of the development hereby permitted shall be brought into use until the parking/turning areas are provided in accordance with the approved plan ref. 728 A02 Revision E. The parking/turning areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking/turning/loading and unloading of vehicles.

 

          [To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking in the area 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 Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

17.          No part of the development hereby permitted shall be brought into use until the existing site access off Musters Crescent, that has been made redundant as a consequence of this consent, is permanently closed and the access crossing reinstated as footway in accordance with details to be first submitted to, and approved in writing by, the Local Planning Authority.

 

          [In the interests of highway safety 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 Rushcliffe Local Plan Part 2: Land and Planning Policies]

 

18.        The use of the premises as a place of worship, as detailed in the documents accompanying the application, would lead to a significant harmful impact, by reason of noise and disturbance, upon the reasonable amenities of the neighbouring/nearby residential properties especially during early morning and late evening/night activity. This harmful impact would arise from general comings and goings, use of the carpark as well as use of the building for the intended use. This is contrary to Policy 10(2)(b) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1(1) of the Local Plan Part 2: Land and Planning Policies.

 

19.    The use of the premises as a place of worship, as detailed in the documents accompanying the application, would lead to a significant harmful impact, by reason of noise and disturbance, upon the reasonable amenities of the neighbouring/nearby residential properties especially during early morning and late evening/night activity. This harmful impact would arise from general comings and goings, use of the carpark as well as use of the building for the intended use. This is contrary to Policy 10(2)(b) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1(1) of the Local Plan Part 2: Land and Planning Policies.

 

 

Notes to Applicant

 

The development makes it necessary to construct/reinstate a vehicular crossing over a footway of the public highway. These works shall be carried out to the satisfaction of the Highway Authority. 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.

 

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.

 

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 may be 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/

 

Condition 10 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.

 

It is understood that there may be a covenant on this property which could prevent the use/development authorised by this permission. You are reminded that this decision relates to planning law only and does not override the terms of any covenant.

 

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 possible that the roofspace, and/or behind the soffit, fascia boards, etc. may be used by bats. You are reminded that bats, their roosts and access to roosts are protected and it is an offence under the Countryside and Wildlife Act 1981 to interfere with them. If evidence of bats is found, you should stop work and contact Natural England on 0300 060 3900 or by email at enquiries@naturalengland.org.uk

 

The bin store required by condition 8 shall be designed to accord with the guidance contained in the Council’s Waste Management Advice for Planners and Developers, available from the Waste and Contracts Management Team at the Borough

 

 

 

 

 

 

Supporting documents: