Agenda item

The report of the Director – Development and Economic Growth

The Committee considered the written report of the Director – Development and Economic Growth relating to the following applications, which had been circulated previously.

 

18/02806/OUT – Residential development for around 200 dwellings alongside  a minimum of 3ha employment land, formation of  primary access, infrastructure, open space provision, surface water attenuation and formation of surface water storage ponds (outline application with all matters reserved except for access) – Land North of Nottingham Road, Radcliffe on Trent, Nottinghamshire

 

Updates

 

An additional representation objecting to the application was received after the agenda had been published and this was circulated to the Committee before the meeting.

 

In accordance with the Council’s Public Speaking Protocol for Planning committee Mr B Woollard (applicant agent), Councillor A McLeod (Parish Councillor) and Councillor A Brennan (Ward Councillor) addressed the Committee.

 

Decision

 

THAT THE DIRECTOR FOR DEVELOPMENT AND ECONOMIC GROWTH BE AUTHORISED TO GRANT PLANNING PERMISSION SUBJECT TO:

 

a)    the prior completion of a satisfactory Section 106 Legal Agreement;

 

b)    and the following conditions:

 

1.          Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission. The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.

Reason:  As required by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51(2) of the Planning and Compulsory Purchase Act 2004.

 

2.      The development authorised by this permission shall be carried out in complete accordance with the approved drawings and specification listed below:

·     Site Location Plan Ref: 13.053-01 Rev A (Scale 1:5000)

·     Existing Site Plan Ref: MI-2718-03-AC-002 (Scale 1:500@A3)

·     Proposed Access Layout Plan Ref:  209738-Q-001 (Scale 1:1000 @A3)

·     Framework Travel Plan by Waterman Transport & Development Limited dated May 2019

·     Ecological Appraisal by JJH Consulting Ltd dated September 2018

·     Badger Report by JJH Consulting Ltd dated September 2018

·     Bat Survey by JJH Consulting Ltd dated October 2018

·     Breeding Bird Survey Report by Ecology Resources Limited dated June 2019 (Ref: 18103)

·     Phase One Geo Environmental Report by BWB Consulting dated January 2010

·     Tree Survey by AT2 Tree Surveys dates 21 November 2019

·     Transportation Assessment and associated addendums by Waterman Transport & Development Limited (Ref:  209738)

·     Flood Risk Assessment by Capital dated March 2020 (Ref:  CS098437)

 

Reason:  To define the permission, for the avoidance of doubt having regard to Policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

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

 

a)    Two new accesses including ghost island right turn facilities as shown indicatively on drawing 209738-Q-001 Rev A.

b)    A scheme to prevent right turn movements into Lee’s Barn Road from the A52 Grantham Road;

c)     Extension of the existing 30 mph speed limit on the Nottingham Road in a western direction as far as the boundary of the trunk road network.

 

Reason: In the interest of Highway safety, to ensure adequate and safe access is provided to the development, having regard to Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

4.          The development shall not be brought into use unless or until the following sustainable transport improvements have been provided in accordance with plans previously submitted and approved in writing to the satisfaction of the Local Planning Authority:

 

a)    Widening of the existing footway to provide a minimum width of 2.0m wherever possible from the development site in an east bound direction from the site to a point where it meets the existing widened

   footway outside No. 10 Nottingham Road.

b)    Provision of a new cycle / footway connection in a west bound direction from  the development site to a point where it meets the existing cycle facility on the A52 trunk road.

c)     Provision of a new cycle/ footway link within the development site connecting to Holme Lane.

d)    Improvements to the two bus stops on Nottingham Road closest to the development site including new shelters, real time displays, lighting, hardstanding’s and road markings along with associated footway   links and crossing points on Nottingham Road. 

 

Reason: To promote sustainable travel within the Borough having regard to Policy 14 (Managing Travel Demand) of the Rushcliffe Local Plan Part 1: Core Strategy (2014).

 

5.      There shall be no excavation or other groundworks, (except for archaeological investigative works) or the depositing of material on the site in connection with the construction of the access road or building(s) or other works hereby permitted until full details of the following have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. All details shall comply with the County Councils current Highway Design Guides and include:

 

a)   tactile paving,

b)   vehicular, cycle, and pedestrian accesses

c)   vehicular and cycle parking (surfaced in a bound material vehicular turning / manoeuvring arrangements;

d)   access widths,

e)   gradients

f)    surfacing 

g)   street lighting;

h)   structures,

i)    visibility splays and

j)    highway drainage details

 

The development shall be carried out in accordance with the approved details and no dwelling shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas approved under this Condition for that dwelling have been constructed in accordance with the approved drawings and are available for use.

 

Reason: In the interest of Highway Safety to ensure the roads serving the development are designed and constructed to an appropriate standard having regard to Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

6.     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 for the following items:

 

a)   Access and parking of vehicles of site operatives and visitors

b)   Loading and unloading of plant and materials

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

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

f)    Wheel washing facilities

g)   Measures to control the emission of noise, dust, dirt and vibration during construction

h)   A scheme for recycling/disposing of waste resulting from construction works

i)    Hours of operation (including demolition, construction and deliveries)

j)    A scheme to treat and remove suspended solids from surface water run-off during construction.

k)   An earthworks strategy to provide for the management and protection of soils.

l)    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

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

n)   The routing of deliveries and construction vehicles to/ from the site and any temporary access points

 

Reason: In the interests of Highway safety and to minimise disruption to users of the local highway network adjacent to the development site having regard to Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

7.       Prior to first occupation of any dwelling or employment unit hereby approved, the developer 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 Interim Travel Plan to be approved prior to development taking place and whose details shall be provided and continue to be provided thereafter to the Local Planning Authority.

 

Reason: To promote sustainable travel and to encourage the use of alternative transport to the car having regard to Policy 14 (Managing Travel Demand) of the Rushcliffe Local Plan Part 1: Core Strategy (2014).

 

8.       The Travel Plan Coordinator pursuant to condition 7 shall within 6 months of first occupation of the development 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 approved 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.

 

Reason: To promote sustainable travel and to encourage the use of alternative transport to the car having regard to Policy 14 (Managing Travel Demand) of the Rushcliffe Local Plan Part 1: Core Strategy (2014).

 

9.       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 Detailed Travel Plan 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.

 

Reason: To promote sustainable travel and to encourage the use of alternative transport to the car having regard to Policy 14 (Managing Travel Demand) of the Rushcliffe Local Plan Part 1: Core Strategy (2014).

 

10.     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 requirements of condition 3b above, and the provisions of the A52/A606 Improvement Package Developer Contributions Strategy Memorandum of Understanding.

 

Reason: To ensure that the A52 trunk road continue 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, and having regard to Policy 14 (Managing Travel Demand) of the Rushcliffe Local Plan Part 1: Core Strategy (2014).

 

11.      The development shall be carried out in accordance with the submitted flood risk assessment (Ref; Land off Nottingham Road, Radcliffe on Trent, Flood Risk Assessment, CAPITA, June 2020) and the following mitigation measures it details:

 

a) Finished floor levels shall be set no lower than 22.11 metres above    Ordnance Datum (AOD) as stated within section 5 of the FRA.

b)    Development platform heights shall be set no lower than 20.9 metres above Ordnance Datum (AOD) as stated within section 5 of the FRA.

Reason To ensure that the development hereby approved in compliance with Policy 17 (Managing Flood Risk) and 18 (Surface Water Management) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraphs 167 and 169 of the National Planning Policy Framework (July 2021) and to minimise the risk from flooding to future occupiers of the development.

 

12.       No part of the development hereby approved shall commence until a detailed foul and surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and Drainage Strategy has been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development and be thereafter retained. The scheme to be submitted shall also evidence of how the on-site surface water drainage systems shall be maintained and managed after completion and for the lifetime of the development.

 

Reason:  To ensure that all major developments have sufficient surface water management are not at increased risk of flooding and do not increase flood risk off-site, and to comply with Policy 2 (Climate   Change) of the Rushcliffe Local Plan Part 1: Core Strategy (2014), Policies 17 (Managing Flood Risk) and 18 (Surface Water Management) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraphs 167 and 169 of the National Planning Policy Framework (July 2021).

 

13.     Before development commences, an Environmental Noise Assessment shall be submitted to and approved by the Local Planning Authority.  This assessment shall be undertaken in accordance with current planning policy guidance for noise.  It shall include where necessary:

 

a)  Representative monitoring positions and measurement parameters, to be agreed with the Local Planning Authority.

b)  A sound insulation scheme to effectively reduce the transmission of noise from external sources shall be submitted to and approved by the Local Planning Authority.

c)   A noise attenuation scheme to adequately protect the outdoor amenity of future residents having regard to BS 8233:2014 Guidance on Sound Insulation and Noise Reduction for Buildings.

d)  All noise mitigation measures shall be installed prior to any use commencing or occupation of any dwelling.

Reason:  To ensure that future occupiers of the development hereby approved are not adversely affected by unacceptable noise pollution from nearby sources having regard to Policies 1 (Development Requirements), 39 (Health Impacts of Development) and 40 (Pollution and Contaminated Land) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and paragraphs 185 and 187 of the NPPF (July 2021).

 

14.   During any ground works, demolition or construction there shall be no burning of waste on the site.

 

Reason:  To protect the amenities of nearby residential properties at for the duration of the construction of the development hereby permitted, having regard to having regard to Policy 10 (Design and Enhancing Local Identify) of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

15.  Before development is commenced, a Phase II Investigation Report shall be submitted to and approved by the Local Planning Authority.  If this report confirms that "contamination" exists, a remediation report and validation statement will also be required.  In such instances, all of these respective elements of the report will need to be submitted to and approved by the Local Planning Authority before the development is occupied.

 

Reason:  To ensure that a satisfactory assessment of any land contamination and an appropriate strategy for its remediation from the site is carried out to ensure that the site is suitable for the approved development without resulting any unacceptable risk to the health of any construction workers, future users of the site, occupiers of nearby land or the wider environment having regard to Policy 1 (Presumption in Favour of Sustainable Development) of the Rushcliffe Local Plan Part 1: Core Strategy (2014), Policies 39 (Health Impacts of Development) and 40 (Pollution and Land Contamination) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraphs 183 and 185 of the National Planning Policy Framework (July 2021).

 

16.  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, unless otherwise agreed with the Local Planning Authority. Laboratory 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.

 

Reason:  To ensure that all aggregate materials bought onto the site are free from contamination so that the site is suitable for the approved development without resulting any unacceptable risk to the health of any construction workers, future users of the site, occupiers of nearby land or the wider environment having regard to Policy 1 (Presumption in Favour of Sustainable Development) of the Rushcliffe Local Plan Part 1: Core Strategy (2014), policies 39 (Health Impacts of Development) and 40 (Pollution and Land Contamination) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraphs 183 and 185 of the National Planning Policy Framework (July 2021).

 

17.  The proposed non-residential units forming the employment area shall not be occupied until a scheme has been submitted to and approved by the Local Planning Authority to include:

 

a)   hours of operation of those premises;

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

c)  noise levels for any externally mounted plant or equipment, together with any  internally mounted equipment which vents externally, that is to be installed, along with details of the intended positioning of    such in relation to the development in accordance with BS 4142:2014: Methods for rating and assessing industrial and commercial sound. It shall include measures to ensure that any plant/equipment is capable of operating without causing a noise impact on neighbouring properties);

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

e) hours of deliveries taken at/dispatched from those premises and waste collection arrangements.  The units shall thereafter be used, and any plant/equipment shall be installed and retained in accordance   with the approved scheme.

 

Reason:  To protect the amenities of nearby residential properties at for the duration of the construction and operation of the development hereby permitted, and to ensure that the appearance of the development is satisfactory having regard to Policy 10 (Design and Enhancing Local Identify) of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

18.    There shall be no outside operation or processes and no goods shall be stored externally of any commercial buildings without details being first submitted to and approved by the Local Planning Authority.

 

Reason:  To protect the amenities of nearby residential properties at for the duration of the construction and operation of the development hereby permitted, and to ensure that the appearance of the development is satisfactory having regard to Policy 10 (Design and Enhancing Local Identify) of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

19.  Prior to the installation of any security lighting/floodlighting, the applicant should submit full details of the lighting to be installed, together with a lux plot of the estimated illuminance, to the Local Planning Authority for approval in writing. Thereafter, the installation of the lighting shall only be carried out in accordance with the approved details.

 

Reason:  To ensure that the occupiers of neighbouring properties are not adversely affected by unacceptable light pollution from the development hereby permitted, having regard to Policies 1 (Development Requirements) and 39 (Health Impacts of Development) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

20.   If pile driven foundations are to be used for the construction of the development, a method statement detailing techniques for the control of noise, dust and vibration from piling works shall be submitted and approved by the Local Planning Authority prior to the development commencing. The method statement shall have regard to the guidance given in:  BS 5228-1:2009+A1: 2014 - Code of practice for noise and vibration control on construction and open sites. The control of dust and emissions from construction and demolition. Best Practice Guidance; Greater London Authority, November 2006.  Thereafter the works shall be carried out in accordance with the approved method statement.

 

Reason:  To ensure that the occupiers of neighbouring properties are not adversely affected by unacceptable vibration and noise pollution from the development hereby permitted, having regard to Policies 1 (Development Requirements), 39 (Health Impacts of Development) and 40 (Pollution and Contaminated Land) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

21.   No development shall take place until a Biodiversity Net Gain Assessment has been submitted to and approved by the Local Planning Authority based on an updated Ecological Appraisal, Badger Report, Bat Survey and Breeding Bird Survey Report that takes about of the present ecological value of the site at the point of submission of any future reserved matter application.   Following, a Biodiversity Enhancement Plan shall be submitted to and approved by the Local Planning Authority and shall include all of the biodiversity enchantments and protection measures set out within the updated Reports.  Thereafter, the approved biodiversity improvements must be retained and be appropriately maintained on the site throughout the lifetime of the development.

 

Reason:To ensure the development contributes to the enhancement of biodiversity on the site having regard to Policy 17 (Biodiversity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policy 38 (Non-Designated Biodiversity Assets and the Wider Ecological Network) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019); Chapter 15 (Conserving and enhancing the natural environment) of the National Planning Policy Framework (July 2021).

 

22.  The development hereby permitted must not commence and no preparatory operations in connection with the development hereby permitted (including demolition, site clearance works, fires, soil moving, temporary access construction and / or widening, or any operations involving the use of motorised vehicles or construction machinery) shall take place on the site until a detailed Arboricultural Method Statement (AMS) prepared in accordance with BS5837:2012 ‘Trees in relation to design, demolition and construction – Recommendations’, has been submitted to and approved in writing by the Local Planning Authority and all protective fencing has been erected as required by the AMS. The AMS must include full details of the following:

 

a)  The timing and phasing of any arboricultural works in relation to the approved development;

b)  Detailed tree felling and pruning specification in accordance with BS3998:2010 Recommendations for Tree Works;

c)   Details of a Tree Protection Scheme in accordance with BS5837:2012 which provides for the retention and protection of trees, shrubs and hedges growing on or adjacent to the site which are to be retained       or which are the subject of any Tree Preservation Order;

d)  Details of any construction works required within the root protection area as defined by BS5837:2012 or otherwise protected in the Tree Protection Scheme;

e)  Details of the location of any underground services and methods of installation which make provision for protection and the long-term retention of the trees on the site. Notwithstanding the provisions of the   Town and Country Planning (General Permitted Development) Order 2015, no services shall be dug or laid into the ground other than in accordance with the approved details;

f)    Details of any changes in ground level, including existing and proposed spot levels, required within the root protection area as defined by BS5837:2012 or otherwise protected in the approved Tree Protection  Scheme;

g)  Details of the arrangements for the implementation, supervision and monitoring of works required to comply with the AMS.

    The development shall be carried out in accordance with the approved details.

 

Reason: To ensure the adequate protection of the existing trees and hedgerows on the site during the construction of the development having regard to regard to Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policies 37 (Trees and Woodlands) and 38 (Non-Designated Biodiversity Assets and the Wider Ecological Network) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 15 (Conserving and Enhancing the Natural Environment) of the National Planning Policy Framework (July 2021).

 

23.  All works to existing trees shall be carried out in accordance with British Standard BS 3998:2010 Tree work (or any equivalent British Standard if replaced).

 

Reason: To ensure that the work is carried out to satisfactory standard to minimise any adverse impact on the health of the tree having regard to Policy 37 of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

24.   As part of the proposed landscaping scheme pursuant any future reserved matter, detailed plans showing the location of all new and replacement trees and shrubs to be planted, including the number and/or spacing of shrubs in each shrub bed or hedgerow shall be provided and shall also include:

 

a)  A schedule of the new trees and shrubs (using their botanical / Latin names) to be planted including their size at planting (height or spread for shrubs, height or trunk girth for trees);

b)  Plans showing the proposed finished land levels/contours of landscaped areas;

c)   Details of all proposed hard surfaces areas, retaining structures, steps, means of enclosure, surface finishes and any other hard landscaping features;

d)  Details of the protection measures to be used of any existing landscape and ecological features to be retained.

Reason:  To ensure the development creates a visually attractive environment and to safeguard against significant adverse effects on the landscape character of the area having regard to Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 12 (Achieving Well-designed Places) of the National Planning Policy Framework (July 2021).

 

25.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order) the uses within the 3ha of employment land must only be used for purposes falling within either Class B8 (Storage and Distribution) or Class E(g) (Commercial, Business and Service Uses) and for no other purpose whatsoever, including any other purpose within Use Class E (Commercial, Business and Service Uses) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any provision equivalent to that class in any Statutory Instrument revoking and/or re-enacting that Order with or without modification) without express planning permission from the Local Planning Authority.

 

Reason:  In order that the Local Planning Authority may retain control over any future use the land and buildings due its particular character and location, having regard to Policy 5 (Employment Provision and Economic Development) and Policy 6 (Role of Town and Local Centres) of the Rushcliffe Local Plan Part 1: Core Strategy (2014) which requires a sequential site approach to retail development and also to provide a robust assessment of impact on nearby centres, and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2  :Land and Planning Policies (2019), and Policy 1: Village Centre First, Policy 3 Main Road Regeneration Area, and Policy 5 Local Leisure Provision of the adopted Radcliffe on Trent Neighbourhood Plan (2017).

 

26.  Prior to the commencement of the development, a scheme for the provision of Electric Vehicle Charging Points (EVCP’s) must be submitted to and approved in writing by the Local Planning Authority. The submitted scheme must include details of the type, number and location of the proposed EVCP apparatus. If any plots are not to be served by an EVCP then it must be demonstrated why the provision of an EVCP would be not be technically feasible. None of the dwellings on the site shall be occupied until an EVCP serving it has been installed in accordance with the approved scheme. Thereafter an EVCP must be permanently retained on each dwelling in accordance with the approved scheme throughout the lifetime of the development.

 

Reason:  To promote sustainable transport measures that will help lead to a reduction in carbon emissions within the Borough and help contribute towards a reduction in general air quality having regard to Policy 2 (Climate Change) of the Local Plan Part 1: Core Strategy (2014) and Policy 41 (Air Quality) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Paragraph 110 of the National Planning Policy Framework (July 2021).

 

27. Notwithstanding the Written Scheme of Investigation (Geophysical Survey dated May 2013) and the Geophysical Survey Report (dated June 2013), development must not commence and no preparatory operations in connection with the development (including demolition, site clearance works, fires, soil moving, temporary access construction and / or widening, or any operations involving the use of motorised vehicles or construction machinery) shall take place on the site until a Written Programme of Archaeological Investigation (WPAI) has been submitted to and approved in writing by the Local Planning Authority. The WPAI must include the following:

 

a)      a methodology for site investigation and recording of archaeological items and features; 

b)    a timetable for carrying out such investigations on the site;

c)     a programme for post investigation assessment;

d)    provision for the analysis of the site investigations and recordings;

e)      provision for the publication and dissemination of the analysis and records of the site investigations;

f)        provision for the archive deposition of the analysis and records of the site  investigation;

g)      nominate the qualified archaeologist or archaeological group who will undertake the works set out in the WPAI.

The development hereby permitted must be carried out and completed in accordance with the approved WPAI and it must not be occupied or brought into use until a written report detailing the results and post investigation assessments of any archaeological works that have been undertaken on the site has been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that any archaeological items and/or features are recorded in a manner proportionate to their significance and to make the recorded evidence (and any archive generated) publicly accessible, having regard to Policy 11 (Historic Environment) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); 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 (2019) and Chapter 16 (Conserving and enhancing the historic environment) of the National Planning Policy Framework (July 2021).

 

28.     Notwithstanding the description of development and details provided, the principle of providing open space is established but the size, location, design and management of on-site open space does not form part of this permission and consideration of it will form part of any future reserved matters application.

 

Reason:  To define the permission and to ensure that the design and layout of the proposed open space is considered as part of the layout of the proposed development and comply with Policy 16 – Green Infrastructure, Landscape, Parks and Open Space of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 (Development Requirements), Policy 11 (Recreational Open Space) and Policy 39 (Health Impacts of Development) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).

 

Informatives

 

1.       In accordance with the requirements of Article 31 of the Town and Country Planning (Development Management Procedure) (England) (Order) 2010, as amended, and the National Planning Policy Framework 2021, the Council has worked in a positive and proactive way in determining the application and has granted planning permission.

 

2.       The applicant is reminded that this permission is also subject to a planning obligation made under the provisions of Section 106 of the Town and Country Planning Act 1990 (as amended) the purpose of which is to exercise controls to secure the proper planning of the area. The planning obligation runs with the land and not with any person or company having an interest therein.

 

3.       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 the County Highway Authority for details.

 

4.       In order to discharge the obligations in relation to sustainable transport improvements. Technical approval (or equivalent) under S38 of the Highways Act will be required. The Highway Authority advice to expedite this process they recommended such approval sought prior to submission of any reserved mattered application.

 

5.       The Highway Authority advise that the speed limit change on Nottingham Road required by this consent, will require a Traffic Regulation Order to legally enact the new speed limit. The developer should note that the Order can be made on behalf of the developer by Nottinghamshire County Council at their expense. However, this is a separate legal process, and the Applicant should contact the County Highway Authority for details.

 

6.       The requirement to stop a right turn on Lee Barn Road contained as part of the sustainable transport improvements will also require a Traffic Regulation Order.  As the road improvement relates to a Trunk Road, its implementation falls within the remit of Highways England, the applicant should contact them directly to discuss how best the works can be implemented.

 

7.       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.

 

8.       The proposed development will involve works within close proximity to an ordinary watercourse, as such we advise the applicant to seek consultation with the Lead Local Flood Authority (Nottinghamshire County Council) to find out if they require any permission or consents.

 

9.       The Environment Agency do not normally comment on or approve the adequacy of flood emergency response procedures accompanying development proposals, as we do not carry out these roles during a flood. Their involvement with this development during an emergency will be limited to delivering flood warnings to occupants/users covered by our flood warning network.

 

10.   If the use of a crusher is required, this should be sited as far as possible from nearby properties and be operated in accordance with its process permit.

 

11. 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.

 

12. All demolition and construction work, including deliveries, shall be restricted to the following times, to cause the minimum amount of disturbance to neighbouring residents:  Monday-Friday: 0700 - 1900 hours, Saturday: 0800 - 1700 hours, Sunday/Bank Holidays:  No work activity.

 

13. Radcliffe on Trent Neighbourhood Plan forms part of the development plan and therefore the proposed design, layout and landscaping will need to take account of its policies.