Land of Burns Lane, Warsop - Mansfield District Council

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PLANNING COMMITTEE DATE 19/12/2011
APPLIC REF NO 2011/487/NT
DATE RECEIVED
18/08/2011
CASE OFFICER
Michael Avery
DATE OF EXPIRY
17/11/2011
APPLICANT
TESCO STORES LTD.,
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------LAND OFF BURNS LANE WARSOP
ERECTION OF NEW FOODSTORE (FOLLOWING PARTIAL
DEMOLITION OF THE STRAND BINGO HALL AND BUILDING
TO THE NORTH OF 30A CHURCH STREET, AND
DEMOLITION OF 19 AND 19A BURNS LANE AND OTHER
INDUSTRIAL BUILDINGS) WITH ATM POD, CAR PARKING,
PUBLIC REALM, LANDSCAPING AND ASSOCIATED WORKS
INCLUDING THE RECONFIGERATION OF THE REAR
AMENITY AREA OF 30 AND 30A CHURCH STREET, AND
CHANGE OF USE TO THE RETAINED SECTION OF THE
STRAND TO OFFICE USE WITH DEDICATED CYCLE
PARKING AREA.
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
This application is reported to Planning Committee as the proposal is a major
development and more than three letters of objection have been received.
The proposal is also a Departure from the Mansfield District Local Plan 1998.
This application proposes the erection of a new foodstore and ATM pod
providing a net retail sales area of 954m2. The store proposed is
predominantly food-based, with 63m2 of floorspace proposed for ancillary
non-food (comparison) goods. Eighty two car and sixteen cycle parking
spaces are proposed, together with public realm and landscaping works within
the site.
The site is located approximately 115 metres to the north east of the Market
Warsop District Centre. The western and southern part of the site is located
within the Market Warsop Conservation Area and the entire site is located
within an area which is designated as an employment consolidation area in
the Mansfield District Local Plan 1998. The site currently accommodates the
Strand Bingo Hall, 4 dwellings (19 and 19a Burns Lane and 30 and 30a
Church Street), a hairdressers shop with flat above (32 and 32a Church
Street) and a number of industrial buildings, areas of hard standing, and a
metal fabrication yard. To the north of the site lies the Plough Inn a public
house, to the south lies office / workshop buildings, to the west on the
opposite side of Church Street lies a health centre, hairdressers, hotfood
PLANNING COMMITTEE DATE 19/12/2011
takeaway and a chemist. To the east of the site lies residential properties and
the Birklands School.
The application proposes the partial demolition of the Strand Bingo Hall and
full demolition of Nos. 19 and 19A Burns Lane and the industrial buildings on
the site. The demolition of the dwellings on Burns Lane is required in order to
facilitate a new vehicular access into the site and car parking. The façade of
the bingo hall and Nos. 30 and 30a and 32 and 32a Church Street would be
retained and these buildings lie within the Market Warsop Conservation Area.
The retained façade of the bingo hall is to be refurbished as part of the
proposal and would be physically connected to the new food store building. It
is then proposed to use this refurbished building for an office type use. Nos.
30 and 30a Church Street would remain in continued residential use and the
external appearance of these buildings would be enhanced as part of the
proposals. The external amenity areas of these dwellings would have to be
reconfigured in order to accommodate the development and provide a service
strip for maintenance purposes.
The proposed new store building is a steel frame structure with a very shallow
hipped roof. The key elevations of the new building facing into the new car
park and newly created Strand Walk to the southern side of the retained bingo
hall façade would be faced with large areas of glazing and timber larch
panels. The western elevation facing the retained cottages would be faced in
timber larch panels and the northern elevation facing the service yard would
be faced with a white single span cladding system. The ATM pod is a small
flat roof structure and would be located to the south of the new building in
Strand Walk. The ATM pod would contain two cash machines and would be
faced in timber larch panels to match the host building.
The applicant has provided the following information in support of the
application:
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A Statement of Community Involvement
An Energy Statement which advises that it will be possible to meet
10% Carbon dioxide reduction through measures including sustainable
design considerations such as solar passive design and increased air
tightness of the building envelope as well as the efficient use of energy
during the use of the store.
A Site Waste Management Plan
A Foul and Surface Water Management Plan
Design & Access Statement
Combined Planning and Retail Assessment
Travel Plan
PPS5: Heritage Statement
Phase 1 ground investigation.
Transport Assessment
PLANNING COMMITTEE DATE 19/12/2011
RELEVANT SITE HISTORY
Pre-application advice was sought from the applicant’s agent in relation to the
principle of the development and various design / layout options. In relation to
the principle of the proposed development, the advice given was that it would
be likely to be acceptable, subject to the case for the additional retail floor
space in Warsop being made. In respect of the design and layout of the
proposal, officers advised that the façade of the bingo hall and the cottages
should be retained and incorporated into the development.
OBSERVATIONS RECEIVED
Throughout this report observations received in respect of each application
are presented in summary form. The full letters and consultation responses
received, including details of any non-material planning observations, are
available for inspection both prior to and at the meeting.
Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.
1)
Nottinghamshire County Council (Minerals , Waste and Spatial
Planning)
No objection
2)
Nottinghamshire County Council (Highways)
No objection
3)
Head of Neighbourhood Services (Highways)
No objection.
4)
Principal Conservation and Heritage Officer
Supports the proposal.
5)
Severn Trent Water
No objection
6)
Western Power Distribution
No objection
7)
Environmental Health Manager
No objection.
PLANNING COMMITTEE DATE 19/12/2011
8)
Members of the Public
Letters of objection have been received from the occupiers of 7 Albert Street,
Mansfield Woodhouse, 6 Burns Lane, 36 Laurel Avenue, 40 Mount Crescent,
16 Portland Street and 59 Clumber Street, Warsop, Nisa Extra, 2-6 Church
Street and Bargain Booze, 19-21 Sherwood Street. The grounds of objection
are summarised below:
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The proposal will result in a further ‘Tescoisation’ of the district;
Tesco close town centres;
The discontinuance of a well used bingo facility;
The information submitted with the application does not address
increases in traffic on Burns Lane and surrounding Roads;
The proposal will have an adverse impact on the trading of existing
stores in Warsop;
The proposal will cause hardship for small traders and the money
taken by Tesco will be at the expense of existing retailers;
The economy has got worse since the 2008 turnover figures which
have been used in support of the application;
It is not accepted that users of the new supermarket will visit the
Warsop Centre as a time limit will be put on the car park and people
usually go straight home after going shopping especially if they have
purchased frozen goods;
There will be no need to visit local stores;
There would be no car parking spaces for staff and this would result in
car parking spaces in the town centre being reduced for shoppers;
The design and appearance of the proposed building is not in keeping
with the character of the area and is at variance with Council policies;
A smaller store should be built out of traditional materials;
The proposal is unlikely to generate 70 jobs as managers / supervisors
will be transferred from elsewhere. The jobs created will be part time
and minimum wage;
The job creation figures do not take into account the number of jobs
which will be lost at the bingo hall and at other businesses when they
close;
Pharmacy items will be sold on the shelves, so the fact that the
proposal will not include a pharmacy is irrelevant;
The supporting information contains errors. The Local Traders
Association has not existed for a number of years and there have been
serious accidents on Burns Lane;
Consultation should be undertaken with all local parties / traders to
establish what they think;
An opinion poll on the Warsop Web suggests 48% are against the
proposal, which is much higher than Tesco’s figures;
The proposal will lead to boarded up premises and will not promote the
vitality and viability of the town centre;
The new Tesco store at Shirebrook will also have an impact on
Warsop;
PLANNING COMMITTEE DATE 19/12/2011
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The population is not big enough to support existing stores and a large
superstore;
NJL Consulting acting on behalf of the Co-operative Group has also objected
on the following summarised grounds:
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The proposals do not satisfy the requirements of the sequential sites
assessment required by PPS4 and therefore should be refused;
The size of the proposed development is more closely linked in scale
and character to the existing Nisa Unit than other main foodstores
located within Mansfield which demonstrates the likelihood that the
proposed development will directly compete with these stores, and
achieve a much lower level of clawback from the wider catchment area;
No evidence has been provided to demonstrate that the product range
within the Tesco store will significantly vary from the existing offer
within Market Warsop;
An assessment is required to assess shopping patterns;
The impact on top up and basket shopping trips has been under
estimated by the applicant;
Data sources used by the applicant in their retail assessment should be
provided;
The proposal would only leave an expenditure of 37% to support
existing stores in Market Warsop;
The applicant is relying on expenditure which does not exist to support
the proposal;
The data used to consider shopping patterns is not accurate or robust;
PPS4 requires applicants to consider the performance of exiting
facilities not to outline benchmark turnovers of those stores;
No evidence has been provide to support trade draw assumptions;
The application should not be determined until an updated household
shopping survey has been undertaken;
The Local Planning Authority should instruct independent advice on the
application in relation to retail planning issues;
The development is not capable of being supported through the
planning process when considered against key policies of the
development plan;
It is illogical of the applicant not to consider the existing Nisa Unit in
Market Warsop as part of their sequential assessment as it is the
largest unit within the town centre (1093sqm gross internal area) with
car parking and is located within the applicant’s catchment area. This
could meet the same retail requirements as proposed by the applicant.
The short term lease on this store is due for renewal. The re-letting of
this unit in the future must be a priority of Market Warsop otherwise this
could have detrimental impacts upon the vitality and viability of the
centre;
The subsequent increase in the catchment area has inflated the overall
population and expenditure levels used to justify the appropriateness of
the proposed development without any proper consideration given to
how a store would in fact cater for this catchment, given the existing
PLANNING COMMITTEE DATE 19/12/2011
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shopping provision in the surrounding area. Some of the enlarged
catchment will not be influenced by Market Warsop. The store will
therefore influence a more localised geographic area directly
competing exiting convenience provision serving Warsop.
The exiting Co-op store is under performing;
Letters of support have been received from the occupiers of 3 Greendale
Close, 6 Top Sandy Lane, 4 Leeming Close, 14 Stonebridge Lane, 21 Manor
Road, 20 Burns Lane and 7 Woodland Grove Warsop in relation to the
following summarised grounds:
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A good new supermarket is needed;
The sooner a competitively priced supermarket is open the better;
Residents of Warsop need the choice, quality, variety and pricing which
can be offered by the proposal;
The proposal would bring people into Warsop and with possible visits
to other shops in the town centre to the benefit of shop keepers in the
area;
The proposal will create jobs;
The proposal will reduce the need to travel out of Warsop to go food
shopping;
Will benefit the elderly, parents and children;
The proposal will be something positive in the community.
Any comments received from Nottinghamshire Police will be reported verbally
at the meeting.
POLICY & GUIDANCE
National Policies
Planning Policy Statement 1 – Delivering Sustainable Development
Sets out the overarching policy and principles for the planning system.
States that new development should be sustainable in nature and
should achieve a high quality of design.
Planning Policy Statement 4 – Planning for Sustainable Economic
Growth
Sets out the Government's comprehensive policy framework for
planning for sustainable economic development in urban and rural
areas.
Planning Policy Statement 5: Planning for the Historic Environment
Sets out the Government's planning policies on the conservation of the
historic environment.
PLANNING COMMITTEE DATE 19/12/2011
Planning Policy Guidance 13 – Transport
Sets out the objectives to integrate planning and transport at the national,
strategic and local level and to promote more sustainable transport choices
both for carrying people and for moving freight.
Draft National Planning Policy Framework
Sets a presumption in favour of sustainable economic development and
growth. Advises that Local Planning Authorities should apply a sequential
approach to planning applications for retail and leisure uses that are not in an
existing centre and not in accordance with an up to date development plan.
East Midlands Regional Plan (RSS)
Policy 1 – sets out the objectives of the plan with the aim to secure the
delivery of sustainable development within the East Midlands.
Policy 2 – sets out the criteria for promoting better design.
Policy 3 – This policy relates to the distribution of development across the
region
Policy 7 – sets out the criteria for achieving the regeneration of the
northern sub-area.
Policy 20 – sets out the regional priorities for employment land.
Policy 22 – Sets out the regional priorities for town centres and retail
developments.
Policy Northern SRS 1 – Sets out the development priorities for the Northern
Sub-area and states that Market Warsop is one of a number of settlements
which are suitable for development due to urban capacity.
Policy Northern SRS 2 – This policy sets out how Policy 22 should be
implemented and indicates the importance of Mansfield as a centre by
identifying it as a sub-regional retail and service centre where new retail and
other town centre uses should be prioritised and provided. Such development
should be located in or on the edge of centres to ensure that centres are
sustained and enhanced.
Paragraph 4.3.21 states that in town and village centres provision should be
made to meet local needs, or to support regeneration and maintain or improve
the viability of the centre where this can be justified.
Saved Mansfield District Local Plan Policies (28/09/07)
R6– Sets out the criteria that retail developments outside of existing
centres need to meet.
R7 - States the criteria that all retail developments must meet.
PLANNING COMMITTEE DATE 19/12/2011
E3 – This policy states that the development of employment uses within the
urban boundary will be granted provided they meet the six criteria..
E4 – This seeks to protect existing employment land / premises from
inappropriate development by ensuring at least one of three criteria can be
met.
WC2 – This policy seeks to consolidate employment uses within the Burns
Lane area of Market Warsop, provided they do not adversely affect the
amenity of adjacent residential properties.
BE1 – This seeks to ensure a high standard of design is achieved in all new
developments;
BE6 – This provides a set of 5 criteria that must be met in order for
development in conservation areas to be found acceptable;
BE7 – This seeks to protect buildings within conservation areas from
demolition;
BE8 – This policy seeks to protect conservation areas from adjacent
development proposals which would adversely affect their character and
appearance;
BE9 – This seeks to prevent the removal of important features from
conservation areas;
BE10 – This policy allows development within conservation areas which
would enable environmental improvements;
M16 – This aims to ensure all developments address movement issues
adequately and contains 6 criteria which must all be met;
M18 – This sets 5 criteria which need to be met in order for car parking
facilities to be found acceptable.
Other Guidance
Nottinghamshire County Council Planning Contributions Strategy Second
Revision January 2007 – set outs the broad requirements for planning
contributions to provide for the extra demands falling on services,
infrastructure and facilities as a result of proposed development, including
contributions towards highway improvements and education provision.
The site is an employment consolidation area in the Mansfield District Local
Plan (Policy WC2).
PLANNING COMMITTEE DATE 19/12/2011
ISSUES
The key issues in relation to the proposal relate to the following matters;1.
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The principle of retail development at the application site
The retention of the façade of the bingo hall and cottages
The design and appearance of the food store building
Highways and car parking
Other matters
1. The principle of retail development at the application site
In considering the principle of the proposed development consideration must
be given to the advice contained in PPS4: Planning for Sustainable Economic
Growth, the Draft National Planning Policy Framework and relevant
development plan policies.
Sequential Assessment
The starting point for assessing the principle of development is whether or not
an adequate sequential test has been carried out in accordance with Policies
EC14, EC15 and EC17 of PPS4 and Saved Local Plan Policy R6 (28/09/07).
Four sites have been identified by the applicant and assessed for their
availability, suitability and viability; these are:
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Local Plan site WC4
Existing Co-op site, combined with Local Plan site WC8;
Local Plan site WC9 .
The applicants have concluded the following. The WC4 site is not available
because, although identified in the Local Plan as suitable for retail, it has been
developed for housing. The existing Co-op site is suitable in principle as it is
already in retail use, however at 397m2 with only 35 car parking spaces, is not
large enough to meet the needs of this development. When combined with
Local Plan site WC8 (equalling 0.14ha), it is still not large enough for the
quantum of floorspace required to bring forward a main food shopping
destination. These sites are also assessed as being unavailable due to the
fact that the Co-op is still trading, and the WC8 site is an essential car park for
the district centre. Local Plan site WC9 was assessed as being unsuitable and
unavailable on the basis that at 0.1ha it is too small, and because it is
occupied by the ‘Crates and Grapes’ public house which is still trading and
provides an attractive historic frontage to the High Street.
The Cooperative has objected to this sequential assessment undertaken by
the applicant as it fails to consider the existing Nisa Unit located at 2-6 Church
Street which is within their ownership. Clarification was sought from the
applicant as to why this existing unit was not considered as part of the
sequential test and the applicant’s response was that the site is not available
and does not meet the size requirements of this proposal. On the basis that
PLANNING COMMITTEE DATE 19/12/2011
Nisa is still trading from this site it is considered that little weight can be given
to this ground of objection.
The location of the application site is considered to be the most sequentially
preferable site that is suitable, available and viable. It is therefore considered
that the assessment carried out meets the requirements of PPS4, and the
conclusion that none of the sequentially preferable sites would meet the
requirements of this proposal is accepted.
Impact of the proposal
PPS4 advises that proposals should only be refused when there is no
evidence of a sequential test, and where there is clear evidence that the
proposal would lead to significant adverse impacts. The applicant’s retail
assessment includes a detailed analysis of the impact of the development
using the methodology prescribed in PPS4.
Following the submission of the application there has been dialogue between
the applicant and the Council’s Planning Policy Team in relation to some of
the figures used in this impact assessment. Furthermore, the Co-operative
has questioned the robustness of the information and the applicant has been
given the opportunity to amend / provide further data in support of their case.
The Co-operative has requested that the Council seek independent retail
advice in relation to the impact of the development, however given that the
retail assessment has been fully assessed by the Council’s Planning Policy
Manager, this is not considered to be necessary. Furthermore it should also
be noted that a proposal of this scale would not normally require an impact
assessment to be undertaken as the floor area falls significantly below the
2500 square metre threshold. An assessment proportionate to the scale of the
development has only been provided by the applicant as the development
plan is dated and this is in accordance with the requirements contained in
PPS4 and the Draft National Planning Policy Framework.
Objection has been raised by members of the public that the proposal will
directly compete with existing provision within the Market Warsop District
Centre, lead to the closure of existing businesses and therefore not promote
the vitality and viability of the town centre. A further objection has been raised
that the proposal will result in a loss of local jobs if the closure of the bingo
hall and existing businesses is taken into consideration.
Having considered the retail assessment provided by the applicant and having
had consideration to PPS4, I am of the opinion that the proposal would not
have a significant adverse effect on the Market Warsop District Centre, the
primary catchment area or any other centre. The proposal will however
increase customer choice and broaden the range and quality of the retail offer
of Market Warsop. It would provide a destination where residents can carry
out their weekly shopping, which, on the basis of the amount of expenditure
leakage identified and the findings of the 2011 Household Survey appears to
be lacking in this area. The site is well linked to the Market Warsop District
Centre and it is likely that existing businesses will experience a positive
PLANNING COMMITTEE DATE 19/12/2011
impact from the development, as people who would normally shop elsewhere
and make linked trips elsewhere will be more likely to use existing local
facilities.
A condition is however required to restrict the floor area which can be used for
the sale of comparison goods to no more than 63 square metres and this is
proposed. In addition to PPS4, the proposal is also considered to be in
accordance with Saved Local Plan Policies R6 and R7.
The site is an employment consolidation area (Saved Policy WC2) and the
local plan defines employment as uses falling within B1 (office), B2 (general
industry) and B8 (warehouse and distribution). With the exception of the
retained façade of the bingo hall which will be used as rentable office space,
the proposal would not be in accordance with the site specific objectives of
the development plan which is to provide the above mentioned types of
employment on the site. The development plan is however dated and PPS4
(published in 2009) encourages Local Planning Authorities to be more flexible
in their approach to economic development and provides a much more
flexible definition. Furthermore recent appeal decisions since the publication
of PPS4 indicate that retail can be an appropriate use on sites originally
intended for ‘B’ types uses. In this instance the proposal would provide 31 full
time and 47 part time jobs for local people and would contribute to the
economic regeneration of the area. PPS4 policies and those reiterated in the
Draft National Planning Policy Framework are therefore considered to take
precedence over the site specific local plan policy. Accordingly the principle of
the development in this location is considered to be acceptable.
2. The retention of the façade of the bingo hall and cottages
The Market Warsop Conservation Area boundary runs adjacent and to the
rear of the bingo hall and the cottages that face onto Church Street. The
façade of the bingo hall, 30 and 30a Church Street (cottages) and 32 and 32a
Church Street are to be retained in the development thus maintaining the
existing frontage onto Church Street. This was actively negotiated and
encouraged by officers at the pre-application stage, following intervention by
English Heritage and the Council’s Principal Conservation and Heritage
Officer, who are supportive of the retention of these buildings due to their
positive contribution to the Market Warsop Conservation Area.
The Bingo Hall has an Art Deco frontage and it is this section of the building
that would be retained. The rear of this building is much less architecturally
significant than the front and it is proposed to demolish this in order to
construct the new food store. The Council’s Principal Conservation and
Heritage Officer has raised no objection subject to the building being fully
recorded prior to demolition. Some workshops located to the rear of No. 32a
would also have to be demolished to facilitate the new food store. The
Council’s Conservation Officer is of the opinion that the loss of these buildings
should be weighed against the benefits of retaining the buildings facing
Church Street and on balance is prepared to accept the loss of these
buildings, again subject to them being fully recorded prior to demolition. A
PLANNING COMMITTEE DATE 19/12/2011
condition is therefore proposed requiring all buildings and the stone setts to
Plough Yard to be fully recorded prior to the commencement of development.
The Council’s Conservation Officer has recommended that the façade of the
bingo hall, the cottages and No. 32 Church Street are renovated and that this
issue is controlled by way of a S.106 Agreement. It is however considered
that this matter can be dealt with by way of planning conditions and the
applicant has stated they will be prepared to undertake a schedule of
reasonable works required to enhance the appearance of the retained bingo
hall façade and cottages.
The new food store building would be located in close proximity to the existing
cottages to be retained within the application site, however the new building
would be below the ridge height of the cottages. Due to the close proximity of
the rear elevation of the cottages it is inevitable that the new development will
have an impact upon light reaching the rear windows of these properties. To
mitigate this issue, it is the applicant’s intention to refurbish these cottages
and consider reconfiguring them internally to reduce the impact of the new
building.
The retention of the bingo hall façade, cottages is considered to be in
accordance with saved Policies BE6, BE7, BE8, BE9, BE10 and the advice
contained in PPS5: Planning for the Historic Environment.
3. The design and appearance of the food store building
The proposed new food store building would be located to the rear of the
retained buildings on Church Street and would be significantly set back from
the existing residential properties on the opposite side of Burns Lane. The
building would measure 43 wide and 28m deep and would have a maximum
height of 5.6m. It would incorporate a very shallow hipped roof although given
the floor area of the building it would appear flat. A canopy overhang is
proposed to the south elevation covering the pedestrian access from Church
Street.
The key elevations facing into the car park to the east and the pedestrian
route to the south would include large areas of glazing and timber larch
panels. The west elevation facing the retained cottages and Church Street
would be faced with timber larch panels and the north elevation facing the
service area and the former Plough yard would be faced with white cladding.
These design characteristics are therefore considered to be representative of
a new purpose built food store. However it is consider that the canopy and
elevation detailing to the south create a good quality transition between the
new building and the Art Deco bingo hall façade.
The new building is large in terms of its floor area and overall massing and is
not a typical characteristic of the Market Warsop Conservation Area. However
it would be screened by other buildings that surround it and will therefore be
largely unseen except when viewed from areas adjacent to the car park on
Burns Lane. There would be glimpses of the building when viewed from the
PLANNING COMMITTEE DATE 19/12/2011
opposite side of Church Street. This issue has been considered by the
Council’s Principal Conservation and Heritage Officer and no objection has
been raised given that the new store would not be any higher than the ridge
line of the cottages and it is proposed to clad the west elevation with timber
larch panels which will soften and blend well with existing materials.
The design and appearance of the building is considered to have regard to its
Conservation Area context and would be in accordance with saved Local plan
Policy BE6 and the advice contained within PPS5.
4. Highways and car parking
A car park containing 82 spaces, including 4 disability spaces, accessed via a
new junction from Burns Lane is proposed. The Head of Neighbourhood
Services (Highways) and Nottinghamshire County Council (Highways) have
been consulted and no objection has been received in respect of the
proposed car parking and access arrangements. While it is accepted that car
parking provision is fifteen spaces below the Council’s draft guidance, it is
considered that this may be off set against the proximity to the District Centre
and bus routes and cycle parking provision (16 spaces) and therefore a
relaxation of the guidance is considered to be appropriate in this instance
given the advice within PPS4.
It is noted that concern has been expressed by members of the public that the
proposal will increase traffic on Burns Lane and surrounding roads, however
in the absence of any objection from the highways authority, based on the
submitted Highway Assessment, this concern cannot be afforded any weight.
The proposal would also retain an existing pedestrian linkage between the
Plough Public House and Burns Lane and provide an additional pedestrian
linkage to the south of the bingo hall and Burns Lane which would make the
proposal very accessible for pedestrians and assist crucial linked trips to the
Market Warsop District Centre (discussed in issue 1).
Nottinghamshire County Council has requested an integrated transport
contribution of £44,832 in accordance with the NCC Planning Contributions
Strategy. Other than highway works which would be provided as part of the
S.278 Agreement, no details of additional works required to enable the
development to proceed have been provided which meet the tests identified in
Circular 5/05. In the absence of such details, it is not considered reasonable
to require the applicant to enter into a S.106 Agreement in this regard.
5. Other Matters
The Town and County Planning (Consultation) (England) Direction 2009
provides details of the arrangements and criteria for consulting the Secretary
of State. The application has been assessed against the Direction and whilst
the proposal is a Departure from the development plan, it does not require
referral to the Secretary of State prior to issuing a decision.
PLANNING COMMITTEE DATE 19/12/2011
The level of consultation undertaken by the Local planning Authority exceeds
the minimum required by the Town and Country Planning (Development
Management Procedure) (England) Order 2010. The application has been
advertised on site and in the local press on two separate occasions and the
occupiers of all neighbouring properties have received written notification.
Furthermore, the applicant has undertaken a community consultation event.
The issue raised in respect of the discontinuance of the bingo hall is not a
material planning consideration and there is no requirement for operator of
this business to continue running a bingo facility at the site,
Finally, the issue raised in respect of the increasing presence of Tesco within
the Mansfield area is not considered to be relevant to this planning
application. As discussed in section 1, the site is sequentially preferable and
the proposal would not have an adverse impact on either the Market Warsop
District Centre, the wider catchment area or any other retailing centre.
CONCLUSION
The site is well linked to the Market Warsop Centre and it is likely that existing
businesses will experience a positive impact from the development as people
who would normally shop elsewhere and make linked trips else where are
likely to use the local facilities much more. The proposal would not therefore
have an adverse impact on the Market Warsop District Centre or wider area
and would provide a range of full and part time jobs.
The development would retain significant historic assets within the Market
Warsop Conservation Area including the façade of the bingo hall, cottages
and stone wall facing Church Street. Furthermore the design of the new store
building is considered to have regard to its Conservation Area context and the
new store building would create a good transition between the Art Deco bingo
hall façade and the modern purpose built structure. Car parking and access
arrangements are considered to be acceptable and no objection has been
received from the Highways Authority. It is therefore recommended that
planning permission is granted with conditions.
RECOMMENDED CONDITIONS/REASONS/NOTES
SUMMARY OF REASONS FOR DECISION
In the opinion of the Local Planning Authority the site is well linked to the
Market Warsop District Centre, sequentially preferable, and it is considered
that the development would not have an adverse impact on the vitality and
viability of the Market Warsop District Centre, or wider area. The proposal is
considered to meet the need for a weekly food shopping destination and
would also provide a number of local jobs. Furthermore, the proposal would
achieve a high standard of the design and retain important historic heritage
assets including the façade of the bingo hall and the cottages. The proposal
is therefore considered to be in accordance with the following national, region
and local planning policies:-
PLANNING COMMITTEE DATE 19/12/2011
National Policies
Planning Policy Statement 1 – Delivering Sustainable Development
Sets out the overarching policy and principles for the planning system. States
that new development should be sustainable in nature and should achieve a
high quality of design.
Planning Policy Statement 4 – Planning for Sustainable Economic Growth
Sets out the Government's comprehensive policy framework for planning for
sustainable economic development in urban and rural areas.
Planning Policy Statement 5: Planning for the Historic Environment
Sets out the Government's planning policies on the conservation of the
historic environment.
Planning Policy Guidance 13 – Transport
Sets out the objectives to integrate planning and transport at the national,
strategic and local level and to promote more sustainable transport choices
both for carrying people and for moving freight.
Draft National Planning Policy Framework
Sets a presumption in favour of sustainable economic development and
growth. Advises that Local Planning Authorities should apply a sequential
approach to planning applications for retail and leisure uses that are not in
existing centre and not in accordance with an up to date development plan.
East Midlands Regional Plan [RSS]
Policy 1 – sets out the objectives of the plan with the aim to secure the
delivery of sustainable development within the East Midlands.
Policy 2 – sets out the criteria for promoting better design.
Policy 3 – This policy relates to the distribution of development across the
region
Policy 7 – sets out the criteria for achieving the regeneration of the northern
sub-area.
Policy 20 – sets out the regional priorities for employment land.
Policy 22 – Sets out the regional priorities for town centres and retail
developments.
PLANNING COMMITTEE DATE 19/12/2011
Policy Northern SRS 1 – Sets out the development priorities for the Northern
Sub-area and states that Market Warsop is one of a number of settlements
which are suitable for development due to urban capacity.
Policy Northern SRS 2 – This policy sets out how Policy 22 should be
implemented and indicates the importance of Mansfield as a centre by
identifying it as a sub-regional retail and service centre where new retail and
other town centre uses should be prioritised and provided. Such development
should be located in or on the edge of centres to ensure that centres are
sustained and enhanced.
Paragraph 4.3.21 states that in town and village centres provision should be
made to meet local needs, or to support regeneration and maintain or improve
the viability of the centre where this can be justified.
Saved Mansfield District Local Plan Policies [28/09/07]
R6– Sets out the criteria that retail developments outside of existing centres
need to meet.
R7 - States the criteria that all retail developments must meet.
E3 – This policy states that the development of employment uses within the
urban boundary will be granted provided they meet the six criteria..
E4 – This seeks to protect existing employment land / premises from
inappropriate development by ensuring at least one of three criteria can be
met.
WC2 – This policy seeks to consolidate employment uses within the Burns
Lane area of Market Warsop, provided they do not adversely affect the
amenity of adjacent residential properties.
BE1 – This seeks to ensure a high standard of design is achieved in all new
developments;
BE6 – This provides a set of 5 criteria that must be met in order for
development in conservation areas to be found acceptable;
BE7 – This seeks to protect buildings within conservation areas from
demolition;
BE8 – This policy seeks to protect conservation areas from adjacent
development proposals which would adversely affect their character and
appearance;
BE9 – This seeks to prevent the removal of important features from
conservation areas;
PLANNING COMMITTEE DATE 19/12/2011
BE10 – This policy allows development within conservation areas which
would enable environmental improvements;
M16 – This aims to ensure all developments address movement issues
adequately and contains 6 criteria which must all be met;
M18 – This sets 5 criteria which need to be met in order for car parking
facilities to be found acceptable.
Other Guidance
Nottinghamshire County Council Planning Contributions Strategy Second
Revision January 2007 – set outs the broad requirements for planning
contributions to provide for the extra demands falling on services,
infrastructure and facilities as a result of proposed development, including
contributions towards highway improvements and education provision.
There are no other material considerations which indicate that a decision
should be taken at variance with the above policies or guidance.
(1) Condition: The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
(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) Condition: This permission shall be read in accordance with the following
plans / details:•
Site Location Plan, Drawing No. 6511 – P001, received by the Local
Planning Authority on 18 August 2011.
•
Site Layout, Drawing Number 6511 - P101 Revision A, received by the
Local Planning Authority on 18 August 2011.
•
Proposed Sections, Drawing Number 6511 – P102 Revision B, r
eceived by the Local Planning Authority on 18 August 2011.
•
Proposed Elevations, Drawing Number 6511 – P103 Revision C,
received by the Local Planning Authority on 18 August 2011.
•
Retail Layout, Drawing No 6511 – P107 Revision A, received by the
Local Planning Authority on 18 August 2011.
•
Propose ATM Plan and Elevations of 2 Telling Machine Enclosure,
Drawing No. 6511 – P112, received by the Local Planning Authority on
18 August 2011.
PLANNING COMMITTEE DATE 19/12/2011
•
Site Demolition Plan, Drawing No. 6511-P192, Revision A, received by
the Local planning Authority on 18 August 2011.
•
Strand Cinema Block, Proposed Layouts, Drawing No. 6511 – P121
Revision A, received by the Local Planning Authority on 18 August
2011.
•
Proposed Public Realm and Surface Finishes, Drawing No. 6511 –
P195 Revision A, received by the Local Planning Authority on 18
August 2011.
•
Site Waste Management Plan, received by the Local Planning
Authority on 18 August 2011.
The development shall thereafter be undertaken in accordance with these
plans / details, unless otherwise agreed in writing by the Local Planning
Authority.
(2) Reason: To define the permission, for the avoidance of doubt.
(3) Condition: No development shall commence until details of the proposed
external facing and roofing materials to be used 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.
(3) Reason: In the interests of visual amenity and to accord with Saved Policy
BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(4) Condition: Notwithstanding the submitted details, no development shall
commence until a plan indicating the positions, design, materials and type of
walls, retaining walls, fences and other means of enclosure to be erected
within and along the boundaries of the site 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 before
the buildings are occupied.
(4) Reason: In the interests of visual amenity and to accord with Saved Policy
BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(5) Condition: No development shall take place until there has been submitted
to and approved in writing by the Local Planning Authority a scheme of
landscaping. Such a scheme shall include as appropriate: details of proposed
and existing shrubs and hedgerows including details of those to be retained
and any to be removed, planting plans, written specifications including
cultivation and other operations associated with plant and grass
establishment, schedules of plants noting species sizes and proposed
numbers/densities where appropriate and a programme of implementation.
All planting, seeding or turfing indicated in the approved scheme shall be
carried out in the first planting and seeding seasons following the 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
PLANNING COMMITTEE DATE 19/12/2011
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.
(5) Reason: In the interests of visual amenity and to accord with Saved Policy
BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(6) Condition: No development shall be undertaken until details of the future
long term maintenance of the landscaped areas have been submitted to and
approved in writing by the Local Planning Authority. The maintenance shall
thereafter be undertaken in accordance with the approved details unless
otherwise agreed in writing by the Local Planning Authority.
(6) Reason: In the interests of visual amenity and to accord with Saved Policy
BE6 (28/09/07) of the adopted Mansfield District Local Plan.
(7) Condition: The hereby approved food store shall have a net retail
floorspace of no greater than 954 square metres . No additional mezzanine
areas or retail floorspace shall be formed, nor shall there be any sub-division
into smaller units, without the prior consent of the Local Planning Authority.
(7) Reason: To define the permission and to protect the vitality and viability of
the Market Warsop District Centre.
(8) Condition: The primary use of the store shall be restricted to the retailing of
food and convenience goods. The retailing and storage of other goods or
articles shall be ancillary to the primary use and shall be restricted to a
maximum of 63 square metres (6.6%) of the net retail sales area of the store
and shall exclude Clothing, footwear, furniture, furnishings, carpets and other
floor coverings, household textiles, major household appliances whether
electrical or not, tools and equipment for the home and garden, audio-visual
equipment, jewellery, clocks, watches, CD’s, DVD’s, mobile telephones,
prescription glasses (spectacles) and contact lenses and prescription drugs.
(8) Reason: To ensure that the primary use of the store is food and
convenience retailing, in the interests of the vitality and viability of the Market
Warsop District Centre.
(9) Condition: The food store hereby approved shall not be open for
customers outside the hours of 07:00 to 22:00 without the prior written
consent of the Local Planning Authority.
(9) Reason: In the interests of the residential amenities of adjacent occupiers.
(10) Condition: No deliveries shall be taken at or dispatched from the
application site between the hours of 22:00 and 07:00 on any day.
(10) Reason: In the interests of the residential amenities of adjacent
occupiers.
PLANNING COMMITTEE DATE 19/12/2011
(11) Condition: The external lighting in the delivery yard area shall only be
illuminated when deliveries are being taken or dispatched from the delivery
yard.
(11) Reason: In the interests of the residential amenities of adjacent occupiers
(12) Condition: The hours of work during construction and the delivery of
materials on to the site shall be restricted to 08.00-18.00 hours MondayFriday, 08.00-13.00 hours Saturdays and no working shall take place on
Sundays and Bank Holidays
(12) Reason: In the interests of the residential amenities of adjacent occupiers
(13) Condition: No development shall take place until the method of working
during the construction phase, in the form of an environmental management
plan, to include control of noise, vibration and dust emission has been
submitted to and approved in writing by the Local Planning Authority. All
subsequent construction shall be undertaken in accordance with the approved
scheme unless otherwise agreed in writing by the Local Planning Authority.
(13) Reason: In the interests of the residential amenities of adjacent occupiers
(14) Condition: No development shall commence until details of any air
extraction / air conditioning systems, including details of their location,
mounting, any noise attenuation measures proposed and extraction duct work
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) Reason: In the interests of the residential amenities of adjacent occupiers
(15) Condition: No development shall commence until such time as a litter and
waste management scheme has been submitted to and approved in writing by
the Local Planning Authority. The approved scheme shall be implemented in
its entirety on commencement of the use and maintained in perpetuity.
(15) Reason: In the interest of the amenity of the surrounding area.
(16) Condition: The development hereby approved shall not be brought into
use until a scheme detailing the management of the shoppers / staff car park
has been submitted to and approved in writing by the local planning authority.
The scheme submitted shall include details of any proposed restrictions on
the length of parking within the approved car parking area. The agreed
details shall be maintained in perpetuity, unless otherwise agreed in writing by
the local planning authority.
(16) Reason: To ensure that the car park is managed in an acceptable
manner.
(17) Condition: No part of the development hereby permitted shall be brought
into use until the parking/turning/servicing areas are provided in accordance
with Drawing No. 6511-P101, received by the Local Planning Authority on 18
PLANNING COMMITTEE DATE 19/12/2011
August 2011. The parking/turning/servicing areas shall not be used for any
purpose other than parking/turning/loading and unloading of vehicles
(17) Reason: To ensure that adequate off-street parking provision is made to
reduce the possibilities of the proposed development leading to on-street
parking in the area.
(18) Condition: No part of the development hereby permitted shall be brought
into use until details of the proposed cycle parking provision including the
layout and design of any required structures has been submitted to and
approved in writing by the Local Planning Authority. Cycle parking provision
shall thereafter be provided in accordance with the approved details for the
life of the permission.
(18) Reason: To ensure that cycle parking is available prior to the first use of
the development hereby approved, in the interests of promoting sustainable
travel.
(19) Condition: Prior to the commencement of works on the site, details of a
wheel washing facility for construction traffic shall be submitted to and
approved in writing by the Local Planning Authority. The scheme shall be
implemented in accordance with the approved details during construction
work.
(19) Reason: To reduce the possibility of deleterious material being deposited
on the public highway (loose stones etc).
(20) Condition: No development shall be commenced until details of all
external lighting to be used to illuminate the site 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.
(20) Reason: In the interests of visual and residential amenity and highway
safety.
(21) Condition: The development hereby permitted shall not commence until
drainage plans for the disposal of surface water and foul sewage have been
submitted to and approved in writing by the Local Planning Authority. The
scheme shall be implemented in accordance with the approved details before
the development is first brought into use.
(21) Reason: To ensure that the development is provided with a satisfactory
means of drainage as well as to reduce the risk of creating or exacerbating a
flooding problem and to minimise the risk of pollution.
(22) Condition: No part of the development hereby permitted shall be brought
into use until the parking/turning area is constructed with provision to prevent
the discharge of surface water from the parking / turning area to the public
highway in accordance with details first submitted to and approved in writing
by the Local Planning Authority. The provision to prevent the discharge of
PLANNING COMMITTEE DATE 19/12/2011
surface water to the public highway shall then be retained for the life of the
development.
(22) Reason: To ensure surface water from the site is not deposited on the
public highway causing dangers to road users.
(23) Condition: Prior to the commencement of development, details of the
external appearance, including materials, of the exposed west elevation of the
retained former bingo hall / cinema façade shall be submitted to and approved
in writing by the Local Planning Authority.
(23) Reason: In the interest of visual amenity and in accordance with Saved
Policy BE6 (28/09/07).
(24) Condition: Prior to the commencement of development, details of the
window glazing to be used in the construction of the new store building shall
be submitted to and approved in writing by the Local Planning Authority.
(24) Reason: In the interest of visual amenity and in accordance with Saved
Policy BE6 (28/09/07).
(25) Condition: Prior to the commencement of development, an
archaeological watching brief shall be submitted to and approved in writing by
the Local Planning Authority. Development shall be undertaken in accordance
with the approved recommendations.
(25) Reason: To ensure that any valuable archaeological remains are
protected.
(26) Condition: Notwithstanding the submitted details, prior to the
commencement of development, precise details in respect of works to the
retained cottage walls, roof and chimneys shall be submitted to and approved
in writing by the Local Planning Authority. The approved works to the cottages
shall be undertaken prior to the first use of the hereby approved food store.
(26) Reason: In the interest of visual amenity and in accordance with Saved
Policy BE6 (28/09/07).
(27) Condition: Prior to the commencement of development details of the
repair works to the stone wall adjacent to Church Street and attached to No.
30 Church Street, shall be submitted to and approved in writing by the Local
Planning Authority. Development shall be undertaken in accordance with the
approved details.
(27) Reason: In the interest of visual amenity and in accordance with Saved
Policy BE6 (28/09/07).
(28) Condition: Prior to the commencement of development, details of any
reconfiguring of the internal rooms of the cottages shall be submitted to and
approved in writing by the Local Planning Authority. The internal areas of the
cottages shall be reconfigured in accordance with the approved details, prior
to the first use of the food store.
PLANNING COMMITTEE DATE 19/12/2011
(28) Reason: In the interest of the reasonable residential amenities of the
occupants of the properties.
(29) Condition: Notwithstanding the provisions of the Town and Country
Planning (Use Classes) Order 1987 (as amended) the retained façade of the
former bingo hall shall not be used for any other purpose than B1 (offices)
(29) Reason: To define the permission, for the avoidance of doubt.
(30) Condition: Prior to the commencement of development, all buildings on
site and the stone setts to Plough Yard shall be fully recorded in accordance
with Level 2 of the English Heritage Publication Understanding Historic
Buildings ‘A Guide to Good Recording Practice (2006). Full details shall be
submitted to the Local Planning Authority prior to the commencement of
development.
(30) Reason: In accordance with the requirements contained within PPS5:
Planning for the Historic Environment.
(31) Condition: Notwithstanding the submitted details, unless otherwise
agreed by the Local Planning Authority, development other than that required
to be carried out as part of an approved scheme of remediation must not
commence until the following has been complied with and, if unexpected
contamination is found after development has begun, development must be
halted on that part of the site affected by the unexpected contamination to the
extent specified by the Local Planning Authority, in writing, until Condition 32
has been complied with in relation to that contamination.
a) Site Characterisation
An investigation and risk assessment, in addition to any assessment provided
with the planning application, must be completed in accordance with a
scheme to assess the nature and extent of any contamination on the site,
whether or not it originates on the site. The contents of the scheme shall be
submitted to and approved in writing by the Local Planning Authority. The
investigation and risk assessment must be undertaken by competent persons
and a written report of the findings must be submitted to and approved in
writing by the Local Planning Authority and the report of the findings must
include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
•
human health,
•
property (existing or proposed) including buildings, crops, livestock,
pets, woodland and service lines and pipes,
•
adjoining land,
•
groundwaters and surface waters,
PLANNING COMMITTEE DATE 19/12/2011
•
ecological systems,
•
archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred
option(s)(this should be conducted in accordance with DEFRA and the
Environment Agency’s ‘Model Procedures for the Management of Land
Contamination, CLR 11’
b) Submission of Remediation Scheme
A detailed remediation scheme to bring the site to a condition suitable for the
intended use by removing unacceptable risks to human health, buildings and
other property and the natural and historical environment must be prepared
and shall be submitted to and approved in writing by the Local Planning
Authority. The scheme must include all works to be undertaken, proposed
remediation objectives and remediation criteria, timetable of works and site
management procedures. The scheme must ensure that the site will not
qualify as contaminated land under Part 2A of the Environmental Protection
Act 1990 in relation to the intended use of the land after remediation.
c) Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its
terms prior to the commencement of development, other than that required to
carry out remediation, unless otherwise agreed in writing by the Local
Planning Authority. The Local Planning Authority must be given two weeks
written notification of commencement of the remediation scheme works.
Following completion of the measures identified in the approved remediation
scheme, a verification report (referred to in PPS23 as a validation report) that
demonstrates the effectiveness of the remediation carried out must be
produced, and this shall be submitted to and approved, in writing, by the Local
Planning Authority.
(31) Reason: To ensure that risks from land contamination to the future users
of the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to workers,
neighbours and other offsite receptors in accordance with Saved Policy
DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998.
(32) Condition: In the event that contamination is found at any time when
carrying out the approved development that was not previously identified, it
must be reported in writing immediately to the Local Planning Authority. An
investigation and risk assessment must be undertaken in accordance with the
requirements of Condition 31, and where remediation is necessary a
remediation scheme must be prepared in accordance with the requirements of
that condition and shall be submitted to and approved in writing by the Local
Planning Authority.
PLANNING COMMITTEE DATE 19/12/2011
Following completion of the measures identified in the approved remediation
scheme, a verification report must be prepared which shall be submitted to
and approved in writing by the Local Planning Authority in accordance with
Condition 31.
(32) Reason: To ensure that risks from land contamination to the future users
of the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to workers,
neighbours and other offsite receptors in accordance with Saved Policy
DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998.
(33) Condition: A monitoring and maintenance scheme to include monitoring
the long-term effectiveness of the proposed remediation and the provision of
reports on the same must be prepared, both of which shall be submitted to
and approved in writing by the Local Planning Authority before the scheme
commences.
Following completion of the measures identified in that scheme and when the
remediation objectives have been achieved, reports that demonstrate the
effectiveness of the monitoring and maintenance carried out must be
submitted to and approved in writing by the Local Planning Authority. This
must be conducted in accordance with DEFRA and the Environment Agency’s
‘Model Procedures for the Management of Land Contamination, CLR 11’.
(33) Reason: To ensure that risks from land contamination to the future users
of the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to workers,
neighbours and other offsite receptors in accordance with Saved Policy
DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998.
(1) 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. Please contact Justin Ward, Development Control
(Highways) on 01623 520711 for details.
(2) Note to Applicant
The applicant should note that notwithstanding any planning permission that if
any highway forming part of the development is to be adopted by the
Highways Authority. The new roads and any highway drainage will be
required to comply with the Nottinghamshire County Council’s current
highway design guidance and specification for roadworks.
PLANNING COMMITTEE DATE 19/12/2011
A) 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.
B) It is strongly recommended that the developer contact the Highway
Authority at an early stage to clarify the codes etc. with which compliance will
be required in the particular circumstance, and it is essential that design
calculations and detailed construction drawings for the proposed works are
submitted to and approved by the County Council (or District Council) in
writing before any work commences on site. Correspondence with the
Highway Authority should be addressed to:Head of Operational Services
Mansfield District Council
Civic Centre
Chesterfield Road South
Mansfield
Nottinghamshire
NG19 7BH
F.A.O Alister Daniels
(3) Note to Applicant
The applicant is advised the proposed advertisements will require consent
under the Town and Country Planning (Control of Advertisements) (England)
Regulations 2007.
(4) Note to Applicant
The Level 2 recording required by condition 30 will require the submission of
the following (in accordance with the English Heritage Publication
Understanding Historic Buildings ‘A Guide to Good Recording Practice):
A descriptive record including
•
•
•
•
•
•
•
•
The buildings precise location in national grid reference and address
form
A note of Statutory designation (Conservation area) and non –statutory
(Local Interest).
Documentary evidence/date/age of the building
date of the Record, name of recorder/s
Summary of the buildings type, purpose/function historically and at
present, its materials and date
Summary/descriptive record of the interior plan form and exterior form
of the building
Ownership
PLANNING COMMITTEE DATE 19/12/2011
Supported by annotated drawings
•
•
•
Measured sketch plans (to scale), section, layout, elevation detailed
drawings as existing of all floors noting structural features of historic
importance such as blocked windows, doors.
Site plan at 1:1250 or 1:500 relating the building to other structures
Historical mapping and architects plans (if available)
Photography
•
•
•
•
General views showing the building in its landscape setting
Buildings external appearance on all elevations giving an overall
impression of its size and shape
Overall appearance of the principle rooms and circulation areas
Any special features of significance to the building
PLANNING COMMITTEE DATE 19/12/2011
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