Agenda item

No

Condition

Reason

The development hereby permitted shall be started within three years from the date of this permission.

To comply with the provision of Section 91 (as amended) of the Town and Country Planning Act 1990.

1.     

The development hereby approved shall be carried out in accordance with the amended plans ‘2021-711-2-01C Site Block Plan’ ‘2021-711-2-02C Community Hall Plans, Elevation & Section’, ‘2021-711-2-0 Site location plan’ and specifications

For clarity and avoidance of doubt and to achieve a satisfactory detailed design.

2.     

The premises shall only be used between the hours of 07:30 and 1800 on Monday to Friday. There shall be no use of the building on Saturdays, Sundays and public holidays.

In the interests of the amenity of the area, and in accordance with Policies SDC12 of the North East Derbyshire Local Plan and Policy 10 of the Neighbourhood Plan as well as the NPPF.

3.     

There shall be no amplified sound used at the premises whatsoever throughout the lifetime of the development hereby approved.

In the interests of the amenity of the area, and in accordance with Policies SDC12 of the North East Derbyshire Local Plan and Policy 10 of the Neighbourhood Plan as well as the NPPF.

4.     

Prior to commencing development, details of an acoustic fence, including a timetable for its implementation and a specification of the fence (including reference to noise reduction capability), shall be submitted to and be approved in writing by the LPA. The fence shall be designed to mitigate the impact of the development on the surrounding properties.  The agreed details shall be implemented as agreed and be permanently so maintained. 

To protect the residential amenity of the neighbouring properties.

5.     

Installation of air conditioning units – the sound power level from Air Conditioning unit hereby approved shall not exceed 67 dB(A) re 1pW as given by the product information or verified by the manufacturer. The Air Conditioning unit shall be maintained throughout the lifetime of the development according to the manufacturer’s information. If the sound power level from the Air Conditioning unit cannot be provided by the manufacture the sound pressure level shall be verified by noise monitoring

As it is planned to have an acoustic barrier on the boundary between the development and the surrounding residential properties it would not be possible to measure the sound pressure level at this point. Also, the position of the AC is shown on the plans as “suggested” and if it is moved to another elevation, it will affect the noise dispersal away from the unit.

6.     

Vegetation Clearance Site clearance shall be undertaken in a manner by which to safeguard hedgehogs and nesting birds. Hedgerow removal must avoid the core hibernation period (November-February). It should also avoid the bird breeding season (March-August), where possible. Optimal months for removal are September, October and late Feb/early March. If removal is required between March and August, it should be preceded by a nesting bird check. Hedgerow bases shall be checked by hand for hedgehogs prior to cutting and removal, along with any leaf piles, dense vegetation or other general debris that could be used for shelter. Materials shall be removed offsite or to a location such as a skip, other container or raised pallets. If a hedgehog is discovered during clearance, it shall be moved immediately and carefully with gloved hands to an area of shelter such as beneath adjacent hedgerow/bushes. A short statement of compliance shall be submitted to the LPA upon completion of clearance works to discharge this condition.

In the interests of the biodiversity of the area particularly nesting birds and hedgehogs.

7.     

Species Enhancements Prior to the completion of development, the following biodiversity enhancement measures shall be implemented: • 1No. integral bat box at apex of western gable • 3No. integral universal bird brick at eaves level (avoiding southern elevations) • 1No. hedgehog box within base of retained hedgerow • hedgehog gaps (130 mm x 130 mm) in any new fencing. Once implemented the measures shall then be retained a such thereafter. Evidence that these measures have been implemented should be submitted to the Local Planning Authority for approval within one month of completion of development.

In the interests of enhancing the site for biodiversity, particularly bats, birds and hedgehogs.

8.     

HMMP A Habitat Management and Monitoring Plan (HMMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development. This shall identify the habitats to be retained, created and / or enhanced on the site and specify the appropriate management prescriptions to secure the predicted condition targets, as per the approved biodiversity metric for the application. The HMMP shall also set out a monitoring schedule to ensure targets are met and remedial actions to take if not.

In the interests of biodiversity.

9.     

Should the developer during excavation and construction works of the said development site find any area of the site where it is suspected that the land is contaminated then all works shall stop, and the local planning authority notified immediately. An investigation and risk assessment shall be undertaken and where remediation is necessary a remediation scheme shall be prepared in accordance with current good practice and legislation and submitted to and approved by the Local Planning Authority, and the approved remediation shall thereafter be implemented. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority

EHO - As the existing site has properties built circa the 1950s surrounding proposed development area, there is potential for contamination to be discovered during the proposed works from possible deposited unused materials (e.g. asbestos).

10. 

Prior to commencing development a management plan for controlling construction noise and dust during the development of the site shall be submitted to the Authority for approval in writing, Once approved the development shall not be carried out other than in accordance with the management plan.

In the interests of the amenity of neighbouring properties.

11. 

Construction work shall only be carried out between the hours of 7:30 am to 6:00 pm Monday to Friday and 9:00 am to 1:00 pm on a Saturday. Construction work shall not be carried out on Sundays or Public Holidays. The term ‘construction work’ shall include mobile and fixed plant/machinery, (e.g. generators) the use of radios and the delivery of any construction materials.

In the interests of the amenity of neighbouring residential properties.

12. 

The development shall not be carried out other than in complete accordance with the submitted ‘Flood Risk Assessment and SuDS Statement v01’ (P24230-HWA-ZZ-XX-RP-C-5000 October 2024)

To ensure that the development addresses the flood risk.

13. 

The Development hereby approved shall not be brought into use until the access, parking and turning facilities have been provided as shown on Drawing No. 2021-711-2-01C titled ‘site block plan’.

To ensure conformity with submitted details, in the interests of highway safety and adequate provision of parking and maneuvering space.

14. 

Notwithstanding the submitted plans, the proposed access shall have a width of a minimum of 6 metres, a gradient of no more than 1:12 for a distance of at least 5 metres behind the highway boundary and shall be surfaced in a bound material with a dropped crossing arrangement. The access once provided shall be so maintained at all times.

To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework.

15. 

The development hereby approved shall not be brought into use until visibility splays are provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 43 metres in each direction measured along the nearside edge of the adjoining carriageway and offset a distance of 0.6 metres from the edge of the carriageway. These splays shall thereafter be permanently kept free of all obstructions to visibility over 0.6m in height above carriageway level.

In the interests of highway safety.

16. 

The Development hereby approved shall not be brought into use until pedestrian visibility splays of 2m x 2m measured perpendicularly back from the back of footway shall be provided on both sides of the access. These splays shall thereafter be permanently kept free of all obstructions to visibility over 0.6m in height above the adjoining ground level.

To ensure motorists have clear and unrestricted views of approaching pedestrians when pulling out onto the adopted highway, in the interest of highway safety.

17. 

Prior to commencement of the development hereby permitted details of a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be adhered to throughout the demolition/construction period. The plan/statement shall include but not be restricted to:

Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

Advisory routes for construction traffic;

Any temporary access to the site;

Locations for loading/unloading and storage of plant, waste and construction materials;

Method of preventing mud and dust being carried onto the highway;

Arrangements for turning vehicles;

Arrangements to receive abnormal loads or unusually large vehicles;

Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses.

In the interests of safe operation of the adopted highway in the lead into development both during the demolition and construction phase of the development.

18. 

Tree Protection Condition: Prior to the commencement of the development hereby approved (including demolition and all preparatory work), a scheme for the protection of the retained trees, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority.

Specific issues to be dealt with in the TPP and AMS:

a)    Location and installation of services/ utilities/ drainage.

b)    Methods of demolition within the root protection area ( RPA as defined in BS 5837: 2012) of the retained trees.

c)    Details of construction within the RPA or that may impact on the retained trees.

d)    a full specification for the installation of boundary treatment works.

e)    a full specification for the construction of any roads, parking areas and driveways, including details of the no-dig specification and extent of the areas of the roads, parking areas and driveways to be constructed using a no-dig specification. Details shall include relevant sections through them.

f)     A specification for protective fencing to safeguard trees during both demolition and construction phases and a plan indicating the alignment of the protective fencing.

g)    a specification for scaffolding and ground protection within tree protection zones.

h)    Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area.

i)     details of site access, temporary parking, on site welfare facilities, loading, unloading and storage of equipment, materials, fuels and waste as well concrete mixing and use of fires

j)     Boundary treatments within the RPA.

k)    Arboricultural supervision and inspection by a suitably qualified tree specialist.

l)     Reporting of inspection and supervision.

m)  Methods to improve the rooting environment for retained and proposed trees and landscaping.

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

Required prior to commencement of development to satisfy the Local Planning Authority that the trees to be retained will not be damaged during demolition or construction and to protect and enhance the appearance and character of the site and locality, in accordance with NEDDC Policy SDC2: Trees, Woodland and Hedgerows and pursuant to section 197 of the Town and Country Planning Act 1990.

19. 

Landscaping Condition: Prior to completion or first occupation of the development hereby approved, whichever is the sooner; details of treatment of all parts on the site not covered by buildings shall be submitted to and approved in writing by the Local Planning Authority. The site shall be landscaped strictly in accordance with the approved details in the first planting season after completion or first occupation of the development, whichever is the sooner. Details shall include:

a)    a scaled plan showing vegetation to be retained and trees and plants to be planted:

b)    proposed hardstanding and boundary treatment:

c)    a schedule detailing sizes and numbers of all proposed trees/plants.

d)    Sufficient specification to ensure successful establishment and survival of new planting.

There shall be no excavation or raising or lowering of levels within the prescribed root protection area of retained trees unless agreed in writing by the Local Planning Authority. Any new tree(s) that die(s), are/is removed, become(s) severely damaged or diseased shall be replaced and any new planting (other than trees) which dies, is removed, becomes severely damaged or diseased within five years of planting shall be replaced. Replacement planting shall be in accordance with the approved details (unless the Local Planning Authority gives its written consent to any variation).

Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality in accordance with NEDDC Policy SDC2: Trees, Woodland and Hedgerows.

20. 

Prior to any above ground works commencing precise specifications (including the manufacturer, range and colour details where applicable) or samples of the walling and roofing materials to be used, shall be made available on site for inspection, and subsequent written approval, by the Local Planning Authority . The development shall then be carried out in accordance with the approved details.

To ensure a satisfactory detailed design that will not harm the character and appearance of the area.

21. 

Solar panels as indicated on the approved plans shall be inset into the roof (so they are flush with the roof covering), black panels, with black frames, non reflective and shall be installed prior to occupation of the building hereby approved and shall be permanently so maintained.

In accordance with the polices of the development plan including Local Plan Policy SS1, SDC12, SDC10 and Neighborhood Plan Policy 8 and the NPPF.

22. 

Before the development hereby approved starts, a scheme for mitigating climate change through sustainable design, including (but not limited to) the provision of sources of renewable energy, EV charging points, etc. including a timetable for its implementation, shall be submitted to and be approved in writing by the Local Planning Authority. Thereafter the approved climate change scheme shall be implemented in full as agreed and be retained as such thereafter.

In accordance with the polices of the development plan including Local Plan Policy SS1, SDC12, SDC10 and Neighborhood Plan Policy 8 and the NPPF.

23. 

No development shall commence until full details of the ground floor level of the proposed building in relation to existing and finished ground levels and relative to a fixed datum have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved levels.

In the interests of the appearance of the area and in accordance with Policies SDC12 of the North East Derbyshire Local Plan

24. 

Foul drainage shall connect to the mains.

To secure the detail submitted and ensure the proposal is in accordance with the NPPG.

25. 

Notwithstanding any submitted details, prior to commencing use of the site a plan to show the positions, design, materials, height and type of boundary treatments to be erected and/or retained shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full before occupation of the building hereby approved and it shall be retained as approved throughout the life of the development.

To safeguard the privacy of neighbours and in the interests of the character and appearance of the area in accordance with of the North East Derbyshire Local Plan and the Shirland and Higham, Neighbourhood Plan.

26. 

The use of the hall shall be subjected to a noise management plan which shall be agreed in writing with the Local Planning Authority before the use of the hall commences.

When I questioned the term in the Planning Statement “a versatile community hub” the applicant advised this could be dealt with under a noise management plan. Currently the only uses that have been accessed is the preschool or meetings. The noise assessment did not include the use of the Food Bank or traffic movements associated with the development. Older children are known to be louder so the use of an after-school or holiday club would need to be assessed. 

With regards to the sources of the predicted noise levels used in the assessment  (9 VDI 3770, "Emission Characteristics of Noise Sources - Sports and Recreational Facilities," September 2012 and Saxon Leisure Noise Study - Action Guide for Forecasting and Assessing Noise Exposure from Events and Recreational Facilities, Saxon State Office for Environment and Geology, March 2006 (updated 06- 04-2017) 10 Source: Saxon Leisure Noise Study - Action Guide for Forecasting and Assessing Noise Exposure from Events and Recreational Facilities, Saxon State Office for Environment and Geology, March 2006 (updated 06-04-2017)) and despite the links provide as the documents need to be purchased I still do not have access to them so cannot verify that the levels used in the assessment are appropriate for the intended use. So, I am not able to consider the actual activities that were taking place within the “club house and community centres” or “adventure playground” to determine if these are relevant levels for this assessment.

27. 

No development shall take place until a detailed design and associated management and maintenance plan for surface water drainage for the site; in accordance with the principles outlined within:

a)    Flood Risk Assessment & SUDS Statement V01, Document Reference: 24230-HWA-ZZ-XX-RP-C-5000, dated October 2024, prepared by HWA Consulting Engineers, and “including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team”

b)    And DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015),

have been submitted and approved in writing by the Local Planning Authority.

To ensure that the proposed development does not increase flood risk and that the principles of stainable drainage are incorporated into this proposal, and sufficient detail of the construction, operation and maintenance/management of the sustainable drainage systems are provided to the Local Planning Authority, in advance of full planning consent being granted.

28. 

Prior to the commencement of the development, the applicant shall submit for approval to the LPA details indicating how the surface water run-off of the site will be avoided during the construction phase. The applicant may be required to provide collection, balancing and/or settlement systems for these flows.  The approved system shall be operating to the satisfaction of the LPA, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

To ensure surface water is managed appropriately during the construction phase of the development, so as not to increase the flood risk to adjacent land/properties or occupied properties within the development.