Docstoc

REGENERATION & COMMUNITY DIRECTORATE The development shall be

Document Sample
REGENERATION & COMMUNITY DIRECTORATE The development shall be Powered By Docstoc
					                                                REGENERATION & COMMUNITY
                                                DIRECTORATE

                                                Development Services

                                                Iwan Richards LLB (Hons) DipTP MRTPI Dip LA
                                                Interim Development Manager


Wm Saunders Partnership LLP                     Town Hall Long Eaton
Sheppard Lockton House                          Derbyshire NG10 1HU
Cafferata Way                                   Switchboard: 0845 907 2244
Newark on Trent                                 Fax: 0115 907 2267
Nottingham                                         Minicom: 0115 931 6056
NG24 2TN                                        Website: www.erewash.gov.uk

                                                Form TCP3

TOWN AND COUNTRY PLANNING ACT 1990

Town & Country Planning Development Orders 1988 as amended

PERMISSION FOR DEVELOPMENT

Erewash Borough Council in pursuance of powers under the above-mentioned Act hereby
permit

CHANGE OF USE OF THE UPPER FLOOR FROM STORAGE TO OFFICE USE (B1)WITH
ANCILLARY WORKS TO PROVIDE PARKING, RAMPED ACCESS AND MEANS OF ESCAPE

at TRENT LOCK WAREHOUSE, LOCK LANE, SAWLEY FOR BRITISH WATERWAYS

ERE/0709/0059 submitted on 30 July 2009

in accordance with the accompanying plans and to the conditions specified hereunder:


1     The development shall be begun before the expiration of three years
      from the date of this permission.

      Reason
      To comply with the requirements of Section 91 of the Town and Country
      Planning Act 1990.

2     Prior to construction of any external hard surfaced area or the
      compaction of any ground, proper provision shall be made for the
      collection and disposal of all surface water from such areas, details
      of which shall first have been submitted to, and approved in writing
      by the Local Planning Authority.

      Reason
      To avoid the risk of flooding and to prevent pollution.


      Continued
    ERE/0709/0059 Continued          Page 2 of 4

3   There shall be no storage of any goods, materials, equipment, plant,
    skips or other items on any car parking, manoeuvring or servicing
    area. All such areas shall be available at all times for their
    intended use.

    Reason
    To ensure that the full standard of car parking and servicing
    provision is available at all times and in the interests of visual
    amenity.

4   Prior to the installation of any external lighting except street
    lighting a detailed scheme shall have first been submitted to, and
    approved in writing by, the Local Planning Authority. The scheme shall
    be implemented as agreed and shall be designed to minimise light
    spillage outside of the site it is designed to serve and into the sky.

    Reason
    To ensure that the external lighting causes minimal night time visual
    intrusion and light pollution, to protect the amenities of the
    occupants of nearby dwellings.

5   Samples of the materials to be used in the external construction of
    the development shall be submitted to, and approved in writing by, the
    Local Planning Authority before the commencement of any development
    and the development shall only be undertaken in accordance with the
    materials so approved.

    Reason
    To ensure a satisfactory standard of external appearance

6   Before construction commences on the building details of the colour of
    all external cladding material and any painted areas shall be
    submitted to, and approved in writing by, the Local Planning
    Authority.

    Reason
    To ensure a satisfactory standard of external appearance.


    Continued
     ERE/0709/0059 Continued         Page 3 of 4

7    The development hereby approved shall not be commenced until details
     of the materials to be used on the hard surfaced areas of the site
     have been submitted to and approved by the Borough Council.

     Reason
     To ensure a satisfactory standard of external appearance.

8    Prior to the commencement of the works hereby permitted detailed
     drawings including cross sections of the windows to a scale of 1:20
     shall be submitted to, and approved in writing by, the Local Planning
     Authority.

     Reason
     To enable the Local Planning Authority to retain control over this
     important detail in the interests of preserving the character of the
     building.

9    All rainwater goods shall be carried out in cast iron or cast metal to
     match the profile of the existing rainwater goods. The rainwater goods
     shall be mounted direct onto the wall using rise and fall brackets.

     Reason
     To preserve the character of the building.

10   No works to commence on site or on the building until an amended Flood
     Risk Assessment has been submitted and agreed in writing with the
     Local Planning Authority who will seek advice and guidance from the
     Environment Agency as in accordance with Paragraph 26 of PPS 25.

     Reason
     To ensure the proposed development accords with the requirements and
     standards of PPS 25.

11   The Window at the rear side of the building as marked in Plan A must
     be retained without any alteration for the life of this development
     unless otherwise agreed in writing with the Local Planning Authority,
     any such application to vary this condition must be accompanied with a
     Bat Survey carried out to the standard as required by Natural England.

     Continued
       ERE/0709/0059 Continued           Page 4 of 4

       Reason
       To ensure adequate protection of any identified Bat habitat.

       Summary of Policies and Reason for Decision

       The proposal is considered acceptable and so generally accords with
       the objectives of Policy 1 (Regional Core Objectives) of the East
       Midlands Regional Plan (2009) and Saved Policies LP 1 and GB 5 of the
       Erewash Local Plan (2005), and in the opinion of the Local Planning
       Authority there are no other material considerations that indicate the
       decision should be taken at variance to these policies.

       Note to Applicant

       All bat species are statutorily protected from reckless killing,
       injuring and disturbance and damage and obstruction to roost sites by
       The Wildlife and Countryside Act 1981 (and as amended) and by The
       Conservation (natural Habitats & c) Regulations 1994 (and as amended).
       Even if Bats are not present their roosts are protected all year
       round. Should any bats be found or disturbed during the course of the
       work, you are legally obliged to stop work and contact Natural England
       immediately. The address is The Maltings, Wharf Road, Grantham, Lincs,
       NG31 6BH (Telephone 01476 584800).


The attached report forms part of this decision.


Date                                         Signed _____________________
                                             Interim Development Manager


                       ATTENTION IS CALLED TO THE NOTES OVERLEAF
                            DELEGATED ITEM REPORT

ERE/0709/0059
ADDRESS:
Trent Lock Warehouse
Lock Lane
Sawley

DESCRIPTION

CHANGE OF USE OF THE UPPER FLOOR FROM STORAGE TO OFFICE USE
(B1)WITH ANCILLARY WORKS TO PROVIDE PARKING, RAMPED ACCESS AND
MEANS OF ESCAPE

SITE AND SURROUNDINGS

The site is located on the east bank of the Erewash Canal at its' junction with the river
Trent at Trent Lock. The site is located between the Old Lock Keepers House which is
currently a Tea room and the public house called the Steamboat Inn. The flood defences
have been raised over the years particularly in the Victorian era which has resulted in
the first floor now being only 1 metre above the current towpath.

The upper floor is vacant, and was previously used for storage. The applicant has made
the Local Planning Authority aware that the building has a potential to be used by Bats
for roosting. The applicant has submitted a full Bat Roost Potential Survey dated 15th
July 2009. The methodology which was used for investigation and preparation of the Bat
Survey is in accordance with the Bat Conservation Trust's 'Bat Surveys - Good Practice
Guidelines' (BCT 2007).

The Bat Survey concludes that there has been no evidence of use by Bats. The report
states that "Subsequent emergence and re-entry surveys did not identify use of the
warehouse by bats. The investigation of the building in June 2009 found that the
potential entrance holes were covered by vegetation, preventing access to them, or
spider webs, indicating they were not being used' The report further states that 'The
works do not constitute disturbance to bats, and as such a Natural England licence is
not required'.

SITE HISTORY

The applicant did enter into pre-application discussions with an officer from
Development Control and initial support was offered for an appropriate scheme to come
forward.

APPLICATION DETAILS

The applicant has applied for planning permission for a change of use from storage to
office use with some alterations to the front elevation involving the provision of a ramped
access, a fire escape, and minor alterations to include two additional windows on the
northern elevation.
DEVELOPMENT PLAN & PLANNING POLICY

National Policies:-

Planning Policy Statement (PPS) 1: Creating Sustainable Communities - PPS1 is
committed to the promotion of sustainable development in the way that it aims to protect
the natural environment, and in locating new development near a greater variety of
travel options e.g. by foot, bicycle or public transport as alternatives to the private car. It
champions high quality design which ensures usable, adaptable and durable places are
created; this is a cornerstone of achieving sustainable development.

Consultation Paper on new Planning Policy Statement (PPS)4: Planning for
Sustainable Economic Development - The new PPS on Planning for Sustainable
Economic Development sets out how planning bodies should, in the wider context of
delivering sustainable development, positively plan for sustainable economic growth and
respond to the challenges of the global economy, in their plan policies and planning
decisions.
Planning Policy Guidance (PPG) 4: Industrial, commercial development and small
firms - One of the Government's key aims is to encourage continued economic
development in a way which is compatible with its stated environmental objectives.
Economic growth and a high quality environment have to be pursued together.
Planning Policy Statement (PPS) 25: Development and Flood Risk - The main aim
of this document is to ensure that flood risk is taken into account at all stages in the
planning process.


Regional Spatial Strategy (RSS) 8

Policy 1: Regional Core Objectives - Re-emphasises the need to promote high quality
design which reflects local distinctiveness

Policy 3: Promoting Better Design – Seeks the constant improvement in layout,
design and construction.

Erewash Saved Policies July 2008:-

Policy LP1 – Sustainable Development – requires all development to reflect the
principles of sustainable development.

Policy DC10 – Design – states that applications for built development will be permitted
provided that the development respects or enhances the character or appearance of the
building, group of buildings or surrounding area, particularly in scale, massing, and
materials.

Policy DC7 - Development And Flood Risk - requires that any development in flood
plains is adequately protected from flooding in addition to ensuring no such development
increases the risk of flooding to other areas.

Policy GB 5 - Conversions and Change of Use within the Greenbelt - explains that
within the Green Belt planning permission for the conversion or change of use of
existing rural buildings will be supported as long as there is no negative impact upon the
amenity, openness and character of the Green Belt.
Erewash Borough Supplementary Planning Document (SPD) 2005: Design –
requires developments to be of a high quality and to respect the context and character
of the area in which they are located as a means of achieving sustainable development.

CONSULTATIONS

Highways consulted on the 4th August 2009 - no objections;

Environment Agency consulted on the 3rd August 2009 - They have objected upon the
following basis:-
    • Principle of development as the proposed development falls in a flood risk
       vulnerability category that is inappropriate to the Flood Zone in which the
       application site is located.
    • The submitted flood risk assessment fails to demonstrate that the proposed
       development will be safe without increasing flood risk elsewhere.

The applicant has contacted the Local Planning Authority and have confirmed that they
will be amending the Flood Risk Assessment to demonstrate that the proposed
development has no negative impact.

REPRESENTATIONS

Site notice posted on the 19th August 2009 - no representations received.

PLANNING CONSIDERATIONS

This planning proposal has two main fundamental considerations, these are as follows:-

1) The re-use of a vacant building for economic and employment use which would in this
instance bring back to use a building which contributes positively to the character and
amenity of this unique location would conform with the Policy GB5 as well as with Policy
LP1. The re-use of the building for an office and employment use would also be in
keeping with the character of the surrounding built environment, as to the east of the
building is a cafe, to the west is a public house, therefore an employment office use
would in this instance sit in well with the surrounding buildings and area.

The proposed addition of the access ramp and alterations to the fabric of the building
are required to ensure the building can be used as an office and also to ensure that
access requirements for the less able are facilitated, this further ensures that the
proposal is in accordance with Policy LP1 as well as the adopted SPD Design (2005).

The proposed use of the building as an office would in this instance have minimal impact
upon the amenity of the surrounding occupiers, and in this instance taking into
consideration the improvements to the surfacing, front and side elevations of the
building, the proposal would enhance the amenity of the surrounding occupiers.

The applicants have also submitted a Bat Survey, the Bat Survey confirms that the
building has not been used by Bats or has any sign that it will be used by Bats. However
in this instance a suitable planning condition will ensure that the building does not
become unsuitable for the future occupation by Bats by ensuring the recommendations
in the Bat Survey are conditioned.

2) The building is within an area which has been identified as being within the functional
floodplain (Zone 3b) of the River Trent, and the applicant's have submitted a Flood Risk
Assessment (FRA). The FRA has been submitted to the Environment Agency (EA) and
they have objected on grounds which in this instance can be mitigated by appropriate
planning conditions which seek to regularise the concerns held by the EA. The applicant
has confirmed that they are in discussions with the EA to resubmit an amended FRA.

RECOMMENDATION                    APPROVE
CONDITIONS & REASONS

1) G01

2) D02

3) P02

4) P08

5) M02

6) M03

7) M09

8) C06

9) C12

10) No works to commence on site or on the building until an amended Flood Risk
Assessment has been submitted and agreed in writing with the Local Planning Authority
who will seek advice and guidance from the Environment Agency as in accordance with
Paragraph 26 of PPS 25.

Reason:

To ensure the proposed development accords with the requirements and standards of
PPS 25.

11) The Window at the rear side of the building as marked in Plan A must be retained
without any alteration for the life of this development unless otherwise agreed in writing
with the Local Planning Authority, any such application to vary this condition must be
accompanied with a Bat Survey carried out to the standard as required by Natural
England.

Reason:
To ensure adequate protection of any identified Bat habitat.


SUMMARY OF POLICIES AND REASON FOR DECISION

The proposal is considered acceptable and so generally accords with the objectives of
Policy 1 (Regional Core Objectives) of the East Midlands Regional Plan (2009) and
Saved Policies LP 1 and GB 5 of the Erewash Local Plan (2005), and in the opinion of
the Local Planning Authority there are no other material considerations that indicate the
decision should be taken at variance to these policies.
NOTES TO APPLICANT

  All bat species are statutorily protected from reckless killing, injuring and disturbance
  and damage and obstruction to roost sites by The Wildlife and Countryside Act 1981
  (and as amended) and by The Conservation (natural Habitats & c) Regulations 1994
  (and as amended). Even if Bats are not present their roosts are protected all year
  round. Should any bats be found or disturbed during the course of the work, you are
  legally obliged to stop work and contact Natural England immediately. The address is
  The Maltings, Wharf Road, Grantham, Lincs, NG31 6BH (Telephone 01476 584800).


                                                Officer:             Kenny Dhillon
                                                Signed:
                                                Date:                23/09/2009

                                                Checked By:
                                                Date:

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:3
posted:3/7/2010
language:
pages:9
Description: REGENERATION & COMMUNITY DIRECTORATE The development shall be