| Conditions / Reason for Refusal: |
(1) Condition: The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
(2) Condition: This permission shall be read in accordance with the following plans/details:
Site Location Plan 1:1250 scale, received 25/04/2012
Proposed Site Plan (Drawing no. 628 223 rev B), received 01/06/2012
Proposed Site Elevations (Drawing no. 628 224 rev B), received 01/06/2012
Proposed Elevations (Drawing no. 628 222 rev B), received 01/06/2012
Proposed Ground, First and Second Floor Plans (Drawing no. 628 220 rev A), received 25/04/2012
Proposed Third, Fourth and Roof Plan (Drawing 628 221 rev A), received 25/04/2012
Morgan Tucker Flood Risk Assessment, received 25/04/2012
Morgan Tucker Foul Sewage and Utilities Assessment, 25/04/2012
Structural Appraisal and Repair Specification, received 25/04/2012
Planning, Design and Access and Heritage Statement, received 25/04/2012
Addendum to Planning Statement, received 01/06/2012
Letter from Jay Ashall Associates dated 30/05/2012, received 01/06/2012
Updated Ecological Appraisal (Ref: BMECOKS102) dated March 2012, received 25/04/2012
Lighting plan, drawing no. D15033/PY/C, received on 15/06/2012
Arboricultural Implications Assessment and Method Statement (Ref: PM/26/03/12), received 25/04/2012
Tree Survey (Ref: PM/22/03/12), received 25/04/2012
Tree Protection Plan (Drawing no. M245/BMM/TREE/02), received 25/04/2012
Landscape Proposals (Drawing no. 09-047-002 rev A), received 25/04/2012
Proposed Access Arrangements (Drawing no. SCP/12074/001), received 25/04/2012
Site Waste Management Plan, received 25/04/2012
Application Forms, received 25/04/2012
Bat Survey report including mitigation measures, received by Local Planning Authority on 27/06/2012
The development shall thereafter be undertaken in accordance with these plans/details unless otherwise agreed in writing by the Local Planning Authority.
(3) Condition: No development shall commence until a details of the proposed external facing materials, including a sample of the stone and slate, have been submitted to an approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.
(4) Condition: No development shall commence until a plan indicating the positions, design, materials and type of walls, fences and other means of enclosure to be erected within and on the boundary of the site have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details before the buildings are occupied.
(5) Condition: All planting, seeding or turfing indicated in the approved landscaping scheme shall be carried out in the first planting and seeding seasons following the first occupation of the building or the completion of the development, whichever is the sooner, and any plants which within a period of five years from the completion of the development die, are removed, or become in the opinion of the Local Planning Authority seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The development thereafter shall be undertaken in accordance with the approved details.
(6) Condition: A management plan, including management responsibilities and maintenance schedules for all landscape areas inclusive of the listed chimney, access drive and parking area, shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development. The management plan shall thereafter be carried out as approved.
(7) Condition: The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA:
1. Limiting the surface water run-off to the equivalent Greenfield run-off rates.
2. Finished floor levels are set no lower than 84.95m (AOD).
3. Finished floor levels 300mm above adjacent ground levels.
The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
(8) Condition: Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, with a maintenance scheme, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
(9) Condition: Development shall not begin until a scheme for the provision and implementation of surface water run-off limitation has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
(10) Condition: Development shall not begin until a scheme for the provision of access/easement along the River Maun, a designated Main River, to allow essential maintenance or emergency access for the Riparian Owners and the Environment Agency, whilst also improving opportunities for amenity and biodiversity along the river corridor, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
(11) Condition: Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
1. A preliminary risk assessment which has identified:
• all previous uses
• potential contaminants associated with those uses
• a conceptual model of the site indicating sources, pathways and receptors
• potentially unacceptable risks arising from contamination at the site.
2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.
(12) Condition: The development hereby permitted shall not be commenced until such time as a scheme to install trapped gullies has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.
(13) Condition: The development hereby permitted shall not commence until details of the drainage works for the disposal of foul sewage have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.
(14) Condition: No more than 50% of the residential units within the new-build development shall be occupied until the standing listed building has been fully repaired and restored in accordance with the approved Structural Appraisal and Repair Specification, and fitted out as residential dwellings.
(15) Condition: Prior to the occupation of the first dwelling, the approved works to the access drive shall be completed and the access shall thereafter be made available for use at all time throughout the life of the development.
(16) Condition: No development shall commence until a scaled drawing showing details and design of the proposed bin store area (s), including means of enclosure, has been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.
(17) Condition: The hours of working at the site and delivery of materials during the construction period shall be restricted to 0800 hours to 1800 hours Monday-Friday, 0800 hours to 1300 hours Saturdays with no working on Sundays and Bank Holidays.
(18) Condition: Prior to the commencement of works on site, details of a management plan to include the control of noise, dust and vibration shall be submitted to and approved in writing by the Local Planning Authority. Work shall be undertaken in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.
(19) Condition: Notwithstanding the details submitted, no development shall take place until protected species surveys relating to lizards has been undertaken and the findings, including any mitigation measures, have been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.
(20) Condition: The site access shall be constructed and surfaced in a bound material in accordance with approved plan SCP/12074/001 and none of the hereby approved residential units shall be occupied until the access has been completed in accordance with the approved plan.
(21) Condition: A 900mm service strip shall be constructed in bound material and delineated to provide a pedestrian access route from the highway boundary along one side of the shared private driveway for its entire length to the apartment building, in accordance with details to be submitted and approved in writing by the LPA prior to the commencement of development. The pedestrian access route shall be constructed prior to the first occupation of any of the hereby approved residential units.
(1) Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990, as amended by S51(1) of the Planning and Compulsory Purchase Act 2004.
(2) Reason: To define the permission, for the avoidance of doubt.
(3) Reason: In the interests of visual amenity and to accord with Saved Policies BE1, BE3 and BE4 (28/09/07) of the adopted Mansfield District Local Plan.
(4) Reason: In the interests of visual amenity to accord with Saved Policies BE1 and BE4 (28/09/07) of the adopted Mansfield District Local Plan.
(5) Reason: In the interests of visual amenity to accord with Saved Policy BE1 and BE4 (28/09/07) of the adopted Mansfield District Local Plan.
(6) Reason: In the interests of visual amenity to accord with Saved Policy BE1, BE3 and BE4 (28/09/07) of the adopted Mansfield District Local Plan.
(7) Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site, to reduce the risk of flooding to the proposed development and future occupants and to reduce the risk of internal flooding from surface water or overland flows
(8) Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of these.
(9) Reason: To prevent the increased risk of flooding by limiting to greenfield run-off rates.
(10) Reason: To allow for a corridor for future management and natural processes along the River Maun.
(11) Reason: The Preliminary Geotechnical and Contaminated Land Interpretive Report has identified that the site has some contamination present. The site overlies a principal aquifer, within a SPZ3, and is adjacent to the River Maun, so in order to protect these waters further investigation is required.
(12) Reason: To protect ground and surface water quality.
(13) Reason: To ensure that the development is provided with a satisfactory means of drainage.
(14) Reason: To safeguard the long-term future of the listed building.
(15) Reason: To ensure an adequate standard of access to the development in the interests of local amenity and convenience.
(16) Reason: In the interests of visual amenity.
(17) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Policy BE1 of the adopted Mansfield District Local Plan.
(18) Reason: To protect the amenities at present enjoyed by the occupiers of nearby residential properties, in accordance with Policy BE1 of the adopted Mansfield District Local Plan.
(19) Reason: To safeguard any protected species that may be affected by the development.
(20) Reason: In the interests of highway safety
(21) Reason: In the interests of pedestrian safety.
SUMMARY OF REASONS FOR DECISION
In the opinion of the Local Planning Authority, on the basis the new-build residential development is necessary to enable the refurbishment and long-term future of the listed building, the development, as restricted by conditions, is in accordance with the National Planning Policy Framework and Saved Policies BE1, BE3, BE4, BE5, NE5[A] and M16 [28/09/2007] of the Adopted Mansfield District Local Plan 1998, meeting the relevant objectives and criteria. The development will not be detrimental to the visual character and appearance of the Green Wedge or the listed building, nor would it be detrimental to residential amenity, wildlife, highway safety or crime and disorder, and there are no other material considerations that indicate that a decision should be taken at variance with the above policy or guidance.
SUMMARY OF RELEVANT POLICES
Mansfield District Council Saved Policy BE1 - Advises planning permission will be granted for developments which achieve a high standard of design, listing four sets of criteria.
Mansfield District Council Saved Policy BE3 - Advises planning permission will be granted for alterations/additions/changes of use of a listed building or structure only where it would not adversely affect its character, its architectural merit or historical interest.
Mansfield District Council Saved Policy BE4 - Advises planning permission will not be granted for developments which have an adverse effect on the setting of a listed building.
Mansfield District Council Saved Policy BE5 - Advises planning permission will be granted for developments which involve the beneficial re-use of listed buildings.
Mansfield District Council Saved Policy NE1 – Sets out categories of development normally acceptable outside the Urban Boundary.
Mansfield District Council Saved Policy NE5[A] – Advises that planning permission will not be granted for developments which would either detract from the openness and landscape quality of the Maun Valley Green Wedge.
Mansfield District Council Saved Policy H3 - Advises planning permission will only be granted for housing developments outside the urban boundary, as defined on the proposals map, where they are essential for agricultural or forestry workers.
Mansfield District Council Saved Policy M16 – Advises planning permission will be granted for new developments provided proposals meet 6 sets of criteria in respect of transport / movement issues.
Mansfield District Council Development Control Policy Note ‘Space about Dwellings and Floorspace Standards for Residential Accommodation’ - Provides guidance on designing residential layouts including on separation distances which should be achieved between existing and proposed dwellings and on garden standards.
Mansfield District Council Interim Planning Guidance Note 10 ‘Parking for New Developments’ – Sets out the District Council’s draft parking standards.
National Planning Policy Framework [NPPF] 2012 – The NPPF replaces the Planning Policy Statements and Guidance, and sets out the Government’s national planning objectives and policy for development in England.
(1) Note to Applicant
It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring.
(2) Note to Applicant
The scheme shall consider the use of SUDS wherever possible, including consideration of rainwater harvesting, grey water harvesting, swales, a small attenuation pond - which could be incorporated into a landscaping scheme - or soakaways / porous paving (ground conditions permitting). SUDS are an approach to managing surface water run-off which seeks to mimic natural drainage systems and retain water on or near the site as opposed to traditional drainage approaches which involve piping water off site as quickly as possible. SUDS involve a range of techniques including soakaways, infiltration trenches, permeable pavements, grassed swales, ponds and wetlands. SUDS offer significant advantages over conventional piped drainage systems in reducing flood risk by attenuating the rate and quantity of surface water run-off from a site, promoting groundwater recharge, and improving water quality and amenity. The variety of SUDS techniques available means that virtually any development should be able to include a scheme based around these principles.
(3) Note to Applicant
The prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8m metres of the top of the bank of the Under the terms of the Water Resources Act 1991, and the Land Drainage Byelaws, River Maun, designated a ‘main river’.
(4) Note to Applicant
During the period of construction, oil and fuel storage will be subject to the Control of Pollution (Oil Storage) (England) Regulations 2001. The Regulations apply to the storage of oil or fuel of any kind in any kind of container which is being used and stored above ground, including drums and mobile bowsers, situated outside a building and with a storage capacity which exceeds 200 litres. A person with custody or control of any oil or fuel breaching the Regulations will be guilty of a criminal offence. The penalties are a maximum fine of £5000 in Magistrates' Court or an unlimited fine in Crown Court. Further details of the Regulations are available from the Environment Agency.
(5) Note to Applicant
All vegetation and ground clearance work shall be undertaken outside of the bird breeding season (March to September inclusive) unless supervised by a suitably qualified ecologist.
(6) Note to Applicant
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.
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