Download Planning Permission Granted for Mirage Venues Development in Nottingham and more Slides Construction in PDF only on Docsity!
WARDS AFFECTED: Dunkirk And Lenton Item No:
PLANNING COMMITTEE
19th October 2016
REPORT OF CHIEF PLANNER
Mirage Venues , Redfield Way
1 SUMMARY
Application No: 15/02636/PFUL3 for planning permission
Application by: DLA Architecture Limited on behalf of Oakgate Retail Limited And
James Farhad Eftekhar-Khonssar
Proposal: Erection of five A3 units and associated works following demolition
of existing nightclub.
The application is brought to Committee because it is a major application on a prominent
site where there are important land use and design considerations. The scheme has
changed since being last brought to committee in December 2015.
To meet the Council's Performance Targets this application should be determined by 21st
October 2016
2 RECOMMENDATIONS
GRANT PLANNING PERMISSION subject to the indicative conditions substantially
in the form listed in the draft decision notice at the end of this report.
The power to determine the final details of the conditions of the planning permission
to be delegated to the Chief Planner.
3 BACKGROUND
3.1 The site is known as the former Black Orchid/ISIS nightclub site, which is located to
the west side of Redfield Way, at its junction of Redfield Road.
3.2 Within the site there is a large detached building, formerly the nightclub, to the
west, set at an angle to the site boundaries. Car parking surrounds the building,
with vehicular access from a service road to the north of the site, off Redfield Way.
This service road also gives access to a casino to the north. The site has
landscaping to the road frontages. There is a gas compound to the corner of the
site, close to the junction.
3.3 To the north west of the site there is a casino (Dusk til Dawn), to the south west is a
lorry park (accessed from Redfield Road) and to the south east, opposite the site,
there is a trade cash and carry warehouse. It is noted that the lorry park operation
would cease once the recent planning permission for a gas fired power plant
(planning references 14/01655/PFUL3 and 15/02545/PFUL3) has been
implemented.
3.4 To the north east, on the opposite side of Redfield Way, there are a range of uses
including a multiplex cinema, three restaurants and a bowling alley, all which share
a large parking area, and beyond this there is a car dealership.
3.5 Aside from the neighbouring leisure and food and drink uses, the area generally is
of a commercial and industrial character.
4 DETAILS OF THE PROPOSAL
4.1 The original proposal was for the erection of six A3 units and associated works
following the demolition of the existing nightclub building. This scheme was brought
to committee in December 2015, at which it received a resolution to grant
conditional planning permission.
4.2 An amended scheme has now been put forward, for the erection of five units in a
different configuration. The revised scheme sees three units to the north of the site,
facing toward Redfield Road, one unit to the south west of the site, facing toward
Redfield Way, and the fifth unit being positioned to the south east corner, next to
the junction between the two. This fifth unit would face into the site and have its’
rear elevation to Redfield Road. All units would overlook a centrally positioned car
parking area, which would be accessed from a new entrance off Redfield Way.
Servicing would be to the rear of each unit and accessed from the existing service
road to the north.
4.3 The units would be single storey with space for outdoor seating to the front of each
unit. In the original proposal the cumulative internal floor area was to have been
20,400 square feet. In the revised scheme, the cumulative internal floor area would
be 18,000 square feet, a reduction of 2,400 square feet. The units as revised are
proposed as follows: two of the units would have an internal area of 3000 square
feet (279 square metres) with the other three being 4000 square feet (372 square
metres).
4.4 Details of employment and training opportunities are currently being finalised and it
is expected that a unilateral Undertaking will be offered by the developer to promote
the use of local labour in the construction and operational phases of the
development.
5 CONSULTATIONS AND OBSERVATIONS OF OTHER OFFICERS
Adjoining occupiers consulted:
Vauxhall Car Dealership and Makro Self Service, Redfield Road
Chiquitos, Nandos, Frankie and Bennys, GX Superbowl, Showcase Cinema and
Dusk til Dawn Ltd, Redfield Way
A site notice and a press notice have been published. Overall expiry date for
consultations on the revised scheme was 5th^ October 2016. No comments have
been received.
Additional consultation letters sent to:
Planning Policy: No objections to either the original scheme or the scheme as
amended.
7. APPRAISAL OF PROPOSED DEVELOPMENT
Main Issues
(i) Principle of development
(ii) Layout and Design
Issue (i) Principle of Development (ACS Policy 6 and LP Policies S5, S6 and S7)
7.1 A nightclub is ordinarily classed as a town centre use. The nightclub has a
floorspace of 1280 square metres on the ground floor with an additional 1120
square metres on the mezzanine floors above, giving a total of 2400 square metres.
The proposed total floorspace of the 5 restaurant units would be approximately
1800 square metres. The suitability of the site for A3 uses has been established in
principle in the previous resolution of December 2015. Given that there would be an
overall reduction in floorspace compared to the former nightclub and following a
sequential test which has been submitted as part of the application, it is considered
that the proposed A3 units as amended would not have a significant detrimental
impact on the vitality and viability of the City Centre, or other nearby shopping
areas.
7.2 Once operational it is anticipated that there would be a potential to create up to 140
full and part time posts, with a range of permanent and casual positions and with
varying skills requirements. Therefore the proposal would have a positive economic
benefit to the local area in terms of job creation.
Issue (ii) Layout and Design (ACS Policy 10)
7.3 The layout has been designed in order that the most of units face outwards and
create active frontages, currently something that is distinctly lacking in this leisure
area. The elevations of the nightclub building have no openings aside from the
main entrance and some fire escape/service doors. As such the current building
presents no active frontage to the road, being in essence a large ’shed’ of industrial
appearance which is lacking in any architectural features. Landscaped areas both
within the site and to the back edge of the highway would further improve the
appearance of the site. Unit B however, to the south east corner, would have its’
back to the road; this is the key change to the layout and has been driven by the
commercial needs of the scheme. Whilst this is not ideal, the desire for a unit to
occupy this prominent frontage plot is understood and to help both the tenant’s
visibility and the ‘frontage’ of the unit, a substantial element of glazing is wrapped
around onto the elevation facing Redfield Way, at the entrance to this restaurant
park. To further compensate for the less than desirable orientation of the unit, this
building has been revised with the incorporation of a living wall to its rear elevation,
which also wraps around onto the side elevations. This is considered to be a
significant design change that responds to the particular circumstance of this unit.
7.4 Overall, it is considered that the proposed development would be a considerable
improvement on the visual amenity of the area, providing visual interest and activity
at this prominent entrance to the wider leisure park. The site layout is based around
a well-integrated car par that incorporates soft landscaping both at its centre and
around the edges. The buildings are of a simple but attractive design with large
glazed frontages and projecting colonnade style canopies, and the living wall to
rear of unit B would present an attractive and eye catching feature at the entrance
to the wider leisure park.
7.5 The servicing would mostly be contained at the back of house with the exception of
unit B, which is sensitively treated within the layout, as is the plant/refuse storage
for each unit.
Other Matters
Pollution
7.6 Whilst the site is contaminated, remediation measures can be suitably dealt with by
condition.
8. SUSTAINABILITY / BIODIVERSITY
8.1 It is proposed that air source heat pumps together with heat recovery ventilation
and gas fired water heating would be installed which would reduce carbon
emissions by a minimum of 10%.
8.2 The drainage on the site would be achieved through sustainable drainage system,
the details of which would be secured through a condition, to satisfy LP Policy
NE10.
9 FINANCIAL IMPLICATIONS
None.
10 LEGAL IMPLICATIONS
The issues raised in this report are primarily ones of planning judgement. Should
legal considerations arise these will be addressed at the meeting.
11 EQUALITY AND DIVERSITY IMPLICATIONS
None.
12 RISK MANAGEMENT ISSUES
None.
13 STRATEGIC PRIORITIES
Neighbourhood Nottingham: Providing a high quality development that would
significantly enhance the character, appearance and leisure offer of the area.
Working Nottingham: Securing training and employment for local citizens through
the construction and operation of the development.
14 CRIME AND DISORDER ACT IMPLICATIONS
None.
15 VALUE FOR MONEY
None.
Produced using ESRI (UK)'s MapExplorer 2.0 - http://www.esriuk.com
1 Continued…
DRAFT ONLY
Not for issue
My Ref: 15/02636/PFUL3 (PP-04546702) Your Ref:
Contact: (^) Mrs Sue Heron Development Management City Planning Loxley House Station Street Nottingham NG2 3NG
Tel: 0115 8764447 www.nottinghamcity.gov.uk
Email: (^) development.management@nottinghamcity.gov.uk
DLA Architecture Limited Mr Mike Taylor No 55 St Pauls Street Leeds LS1 2TE
Date of decision: TOWN AND COUNTRY PLANNING ACT 1990 APPLICATION FOR PLANNING PERMISSION
Application No: 15/02636/PFUL3 (PP-04546702) Application by: Oakgate Retail Limited And James Farhad Eftekhar-Khonssar... Location: Mirage Venues , Redfield Way, Nottingham Proposal: Erection of five A3 units and associated works following demolition of existing nightclub.
Nottingham City Council as Local Planning Authority hereby GRANTS PLANNING PERMISSION for the development described in the above application subject to the following conditions:-
- The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
- The development shall not be commenced until details of all external materials including cladding and roofing of the buildings, the living wall to unit B, and the hard surfacing treatment of the site, have been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that the appearance of the development is satisfactory to comply with Policy 10 of the Aligned Core Strategy.
- The development shall not be commenced until details of all boundary enclosures have been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that the appearance of the development is satisfactory to comply with Policy 10 of the Aligned Core Strategy.
Time limit
Pre-commencement conditions (The conditions in this section require further matters to be submitted to the local planning authority for approval before starting work)
3 Continued…
DRAFT ONLY
Not for issue
- The development shall not be commenced until details of a swept path analysis for the access proposals have been submitted to and approved in writing by the Local Planning Authority. The details shall include:
- layout geometry with tracking, signing, lining and alterations
- visibility splays
- stage I/II and III Safety Audits
The scheme shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety in accordance with Policy 10 of the Aligned Core Strategy.
- The development shall not be commenced until details of a scheme in regard to dropped kerbs within the public highway have been submitted to and approved in writing by the Local Planning Authority.
The scheme shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety in accordance with Policy 10 of the Aligned Core Strategy.
- The development hereby permitted shall not be commenced until details of sustainable drainage plans for the disposal of surface water have been submitted to and approved in writing by the Local Planning Authority. The information shall seek to demonstrate, as a minimum, details of how they will reduce the run-off rates by 30% by use of SuDS techniques which can include swales, attenuation tanks, green roofs.
The scheme shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.
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 to comply with Policy NE10 of the Nottingham Local Plan.
- The development hereby permitted shall not be commenced until details of a management and maintenance plan for the living wall to unit B have been submitted to and approved in writing by the Local Planning Authority. Thereafter the living wall shall be managed and maintained in accordance with the details as agreed, for the life of the development.
Reason: In order that the appearance of the development be satisfactory to comply with Policy 10 of the Aligned Core Strategy.
Pre-occupation conditions (The conditions in this section must be complied with before the development is occupied)
4 Continued…
DRAFT ONLY
Not for issue
- The development shall not be brought into use until the following has been submitted to be approved in writing by the Local Planning Authority:
A Verification Report, which shall include the data referred to in the Verification Plan, to demonstrate that the approved Remediation Strategy to deal with ground gas contamination of the site has been fully implemented and completed.
Reason: To safeguard the health and amenity of the users of the proposed development to comply with Policy NE9 of the Nottingham Local Plan.
- The development shall not be occupied until any redundant footway crossings and/or damaged or altered areas of footway or other highway have been reinstated to the satisfaction of the Local Planning Authority.
Reason: In the interests of highway safety in accordance with Policy 10 of the Aligned Core Strategy.
- Within 3 months of the commencement of the development a Travel Plan and Transport Statement shall be submitted and approved in writing by the Local Planning Authority.
Reason: In the interests of highway safety in accordance with Policy 10 of the Aligned Core Strategy.
- The approved landscaping scheme shall be carried out in the first planting and seeding seasons following the first use or the completion of the development, whichever is the sooner, and any trees or plants which die or are removed or become seriously damaged or diseased within five years 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.
Reason: To ensure that the appearance of the development is satisfactory to comply with Policy 10 of the Aligned Core Strategy.
- No construction work, landscaping or other activity shall be undertaken which may compromise the remediation measures implemented to deal with ground and groundwater contamination of the site.
Reason: To safeguard the health and amenity of the users of the proposed development to comply with Policy NE9 of the Nottingham Local Plan.
- The sight lines provided to either side of the access shall be retained for the life of the development.
Reason: In the interests of highway safety in accordance with Policy 10 of the Aligned Core Strategy.
Regulatory/ongoing conditions (Conditions relating to the subsequent use of the development and other regulatory matters)
6 Continued…
DRAFT ONLY
Not for issue
- Following completion of the development, no construction work, landscaping or other activity must be undertaken which may compromise the remediation measures implemented to deal with ground gas contamination of the site.
The responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or the landowner. The developer is required to institute a thorough investigation and assessment of the ground conditions, nature and degree of contamination on the site to ensure that actual or potential risks to public health and safety can be overcome by appropriate remedial, preventive or precautionary measures. The developer shall provide at his own expense such evidence as is required to indicate clearly that the risks associated with ground, groundwater and ground gas contamination of the site has been addressed satisfactorily.
The ground gas protection measures included in the original development are designed for the buildings as originally constructed to protect against possible dangers to public health and safety arising from any accumulation of methane, carbon dioxide or other gas and to ensure that the site can be developed and used without health or safety risks to the occupiers of the development and/or adjoining occupiers. These protection measures may be compromised by any future extension of the footprint of the original building or new building structures within the curtilage of the site including the erection of a garage, shed, conservatory or porch or similar structure. Advice from the Council's Environmental Health Team regarding appropriate gas protection measures must be sought should future extension of the footprint of the original building or new building structures within the curtilage of the site be proposed (regardless of whether the proposed construction requires planning permission or building regulation approval).
- Replacement trees for those removed should be at a ratio of at least 1:1.
- Our Highway team advise:
- It is an offence under Section 148 and Section 151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring. If the development works will have any impact on the public highway, please contact Highways Network Management on 0115 876 5238 or by email at highway.management@nottinghamcity.gov.uk. All associated costs will be the responsibility of the developer.
- The Highways Network Management team at Loxley House must be notified regarding when the works will be carried out as disturbance to the highway will be occurring and licences may be required. Please contact them on 0115 8765238. All costs shall be borne by the applicant.
- Planning consent is not consent to work on the highway. To carry out off-site works associated with the planning consent, approval must first be obtained from the Local Highway Authority. Approval will take the form of a Section 278 Agreement and you should contact Highways Network Management on 0115 8765293 to instigate the process. It is strongly recommended that you make contact at the earliest opportunity to allow time for the process to be completed as you will not be permitted to work on the Highway before it is complete. All associated costs will be borne by the developer. We reserve the right to charge commuted sums in respect of ongoing maintenance where the item in question is above and beyond what is required for the safe and satisfactory functioning of the highway. For further information please refer to the 6Cs Design Guide which is available at www.leics.gov.uk/htd.
- The Highway Authority reserve the right to charge commuted sums in respect of ongoing maintenance where the item in question is above and beyond what is required for the safe and satisfactory functioning of the highway. Any trees to be planted on highway will be subject to commuted sum payments for their maintenance. The commuted sum for a street tree is £938.
7 Continued…
DRAFT ONLY
Not for issue
per tree which is in line with the 6Cs Regional Design Guide. For further information regarding the collection of commuted sums the applicant should contact Network Management on 0115 876
- For Travel Plans please contact Kerry Peruzza for further support and information 0115 8763947.
Where a condition specified in this decision notice requires any further details to be submitted for approval, please note that an application fee will be payable at the time such details are submitted to the City Council. A form is available from the City Council for this purpose.
Your attention is drawn to the rights of appeal set out on the attached sheet.
