Full Application - Variation of Conditions 2, 3, 4, 5, 6, 7, 9, 10, 13, 15, 20, 21 and 22 on application NP/DDD/0415/0339 for demolition of former mill buildings, associated structures and other buildings and full planning permission for class C1 (ho
Decision Maker: Planning Committee
Decision status: APPROVED (In accordance with officer recommendation with additional or amended condition|(s))
Is Key decision?: No
Is subject to call in?: No
Members visited the site on the previous day.
The Planning Officer provided the following updates:
· Since the preparation of the report the town council had sent in a representation in support of the variations with two exceptions.
· A letter had been received from the applicant’s agent in response to points made in the report regarding removal of conditions explaining that no conditions are to be removed, only varied, and with further information regarding the reason for the changes to the original application and the design changes.
· Condition 4 on page 17 of the report it was confirmed that as a written scheme of investigations for Archaeological work had been agreed the condition would be amended to reflect this.
· Condition 20 of the report was amended to read to the effect that ‘No work including demolition should take place until the passing places are provided’.
It was noted that, although the area of the building was outside the conservation area, the access was inside. It was also noted that permission for the proposed development had been granted following the decision of a Planning Inspector in December 2016, and the report included changes to the conditions recommended by the Planning Inspector.
The following spoke under the Public Participation at Meetings Scheme:
· Stephen Morgan-Hyland – Agent
The Planning Officer confirmed that the area on the ground floor of the building would be used for A3 and D2 uses such as a restaurant and a gym and would not be retail units.
The reduction in passing places from three to two as recommended by the Planning Inspector was agreed to protect the conservation area along the river and prevent erosion. A preference for using Grasscrete was expressed by members for use for the passing places.
The Officer recommendation to approve the application subject to changes to the conditions was moved and seconded, put to the vote and carried.
To APPROVE the application subject to the following conditions:
1. The development hereby permitted shall begin no later than 3 years from the date of the original approval.
2. The development hereby permitted shall be carried out in accordance with the following approved plans:
a. Location plan ref 2014-257/102 rev H
b. proposed Site Plan (Phase 1) 1 of 2 ref 2014-257/105 rev F
c. proposed Site Plan (Phase 1) 2 of 2 ref 2014-257/106 rev E
d. Site Demolition Plan (Phase 1) ref 2014-257/02A
e. Proposed Levels (Phase 1) ref 2014-257/803D
f. Detailed Landscape Plan (Phase 1) 1 of 2 ref 9015-006/102 rev I
g. Detailed Landscape Plan (Phase 1) 2 of 2 ref 9015-006/103 rev G
h. Proposed Hotel Ground Floor Plan ref 2014-257/201 rev O
i. proposed Hotel First Floor Plan ref 2014-257/202 rev H
j. proposed Hotel Second Floor Plan ref 2014-257/203 rev H
k. proposed Hotel Third Floor Plan ref 2014-257/204 rev I
l. Proposed Hotel Roof Plan ref 2014-257/205 rev K
m. Proposed Hotel Elevations ref 2014-257/206 rev P
n. proposed Hotel Site Sections/Elevations ref 2014-257/208 rev J
and subject to the following conditions and modifications:
3. No development other than the creation of two passing places on Lumford shall take place until samples of the facing and roofing materials to be used in the hotel and details of all new stonework, including pointing, copings and quoinwork, window and door details, including, colour, recesses, lintels, sills and jambs, any external metal work and rainwater goods have been submitted to and approved in writing by the National Park Authority. The development shall thereafter be carried out in accordance with the approved details.
4. a) The development should be carried out in accordance with the Written Scheme of Investigation for archaeological work and historic building recording as approved by the National Park Authority.
b) No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a).
c) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis and publication of results and archive deposition has been secured.
d) Should archaeological remains of national importance be identified within the development area, then development work shall cease in the relevant area until a written method statement for preservation in situ of the relevant remains has been submitted by the applicant and approved in writing by the National Park Authority. No development work shall then proceed other than in accordance with the approved method statement so as to ensure that relevant remains are preserved in situ.
5. Notwithstanding condition 2, the finished ground floor level of the hotel shall be set a minimum of 126.50 metres above Ordnance Datum (mAOD) as shown on the amended plan entitled ‘Proposed Hotel Proposed Elevations’ (Drawing Number 2014-257_206 Rev P), unless otherwise agreed in writing by the National Park Authority in consultation with the Environment Agency.
6. Prior to commencement of development other than the construction of two passing places on Lumford, details of external ground levels shall be submitted to and approved in writing by the National Park Authority in consultation with the Environment Agency. The details shall demonstrate a maximum depth of 300mm of floodwater on access roads and car parking areas in a 1 in 100 year event. The development shall be carried out in accordance with the approved details.
7. Prior to commencement of development other than the construction of two passing places on Lumford, a scheme to raise and refurbish the riverside wall shall be submitted to and approved in writing by the National Park Authority in consultation with the Environment Agency. The scheme to be submitted shall demonstrate the continuity of flood protection up to a 1 in 100 year plus climate change flood event plus 400mm freeboard allowance. The scheme to be submitted shall be based upon drawings showing upstream and downstream tie-in arrangements and an assessment of the structural integrity of the existing riverside wall and shall make recommendations for any remedial measures to ensure the structural integrity of the wall. Development shall be carried out in accordance with the approved details.
8. No building hereby permitted shall be occupied until surface water drainage works shall have been implemented in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. Before any details are submitted to the Local Planning Authority an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, having regard to Defra's non-statutory technical standards for sustainable drainage systems (or any subsequent version), and the results of the assessment shall have been provided to the local planning authority.
Where a sustainable drainage scheme is to be provided, the submitted details shall:
i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;
ii) include a timetable for its implementation; and,
iii) provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.
9. No development other than the construction of two passing places on Lumford shall commence until an assessment of the risks posed by any contamination shall have been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency’s Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), and shall assess any contamination on the site, whether or not it originates on the site. The assessment shall include:
i) a survey of the extent, scale and nature of contamination;
ii) the potential risks to:
• human health;
• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;
• adjoining land;
• ground waters and surface waters;
• ecological systems; and
• archaeological sites and ancient monuments.
10. No development shall take place where (following the risk assessment) land affected by contamination is found which poses risks identified as unacceptable in the risk assessment, until a detailed remediation scheme shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. The remediation scheme shall be sufficiently detailed and thorough to ensure that upon completion the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use. The approved remediation scheme shall be carried out and upon completion a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority before the development is first occupied.
11. Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the Local Planning Authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development is resumed or continued.
12. In the event it is proposed to import soil onto the site in connection with the development or remediation the proposed soil shall be sampled at source and analysed in a UKAS accredited laboratory. The results of the analysis, and an interpretation, shall be submitted to the Local Planning Authority for approval prior to importation. Imported topsoil shall comply with British Standard 3882:2007 - Specification for topsoil and requirements for use. Only soil approved in writing by the Local Planning Authority shall be used on site.
13. No development other than the construction of two passing places on Lumford shall take place until a detailed statement of mitigation measures for bat species, including timings of works and replacement habitat, has been submitted to and agreed in writing by the Local Planning Authority. Thereafter, the development shall not be carried out other than in complete accordance with the approved statement.
14. The landscaping tree and shrub planting shown on the approved plans shall be carried out in the first planting and seeding seasons following occupation of the building or completion of the development whichever is the sooner. Any walling or surfacing shown on the plan shall be completed before the building is first occupied. Any trees or plant which die, are removed or become seriously damaged or diseased within five years of completion of the development shall be replaced in the next planting season with others of a similar size and species or in accordance with an alternative scheme previously agreed in writing by the National Park Authority.
15. Notwithstanding conditions 2 and 14, within 3 months of the commencement of development (excluding development comprising of the provision of two passing places on Lumford), full details of the treatment of the site boundary adjacent to the side of 14 Lumford shall been submitted to and approved in writing by the Local Planning Authority. The details shall specify the siting, design, height and materials of a screen wall/fence to be constructed or erected and/or the species, spacing and height of hedging to be planted. The approved boundary treatment shall be constructed or erected before the hotel hereby permitted is first occupied. If hedging is approved it shall be carried out in the first planting season following first occupation of the hotel. Any approved hedging removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by soft landscaping of similar size and species to those originally required to be planted.
16. Before the development is first brought into use a scheme of mitigation measures designed to limit noise emanating from within the building and noise from fixed plant installations shall be submitted to and approved in writing by the National Park Authority. Development shall be carried out in accordance with the approved details prior to first occupation of the development and thereafter retained.
17. Before the development is first brought into use, equipment to control the emission of fumes and smell from the premises shall be installed in accordance with a scheme to be first submitted to and approved in writing by the National Park Authority. All equipment installed as part of the approved scheme shall thereafter be operated and maintained in accordance with that approval and retained for so long as the use continues.
18. Before the development is first brought into use, details of deliveries and waste collection shall be submitted to and approved in writing by the National Park Authority. Deliveries and waste collection shall be carried out in accordance with the approved details.
19. No new external lighting shall be installed within the red-edged application site until a detailed lighting plan, including the details of the precise locations and specifications of the types of lighting to be used and the lux levels at the nearest properties, has been submitted to and agreed in writing by the Local Planning Authority. Thereafter, all new external lighting shall be installed in complete accordance with the approved scheme and shall be retained thereafter.
20. No works, including demolition, will take place until the 2 no. passing places on Lumford have be constructed in accordance with the approved scheme of works as shown on submitted drawing Ref. 2014-257/106 Rev E prior to the commencement of demolition and shall thereafter be retained.
21. No development other than the construction of two passing places on Lumford shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for:
i) the parking of vehicles of site operatives and visitors;
ii) loading and unloading of plant and materials;
iii) storage of plant and materials used in constructing the development;
iv) wheel washing facilities;
The approved Construction Method Statement shall be adhered to throughout the construction period for the development.
22. The hotel and A3/D2 use hereby approved shall not be occupied until space has been laid out within the site in accordance with drawing Nos 2014-257/105 Rev F and 1981-02 for 141 cars to be parked, for the loading and unloading of service/delivery vehicles and for all vehicles to turn so that they may enter and leave the site a forward gear.
23. No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and the facilities retained for the designated purposes at all times thereafter.
Publication date: 04/01/2018
Date of decision: 08/12/2017
Decided at meeting: 08/12/2017 - Planning Committee