Wards Affected: Castle (May 2019) Item No:

Planning Committee
22nd September 2021

Report of Director of Planning and Regeneration

The Island Quarter - Phase 2 , Nottingham

1 Summary

Application No: 21/01032/PFUL3 for planning permission

Application by: AXIS on behalf of Conygar Nottingham Ltd.

Proposal: Construction and operation of Purpose-Built Student

Accommodation (PBSA) and associated hard and soft
landscaping, foul and surface water drainage infrastructure, and
local highway improvement works.

The application is brought to Committee because it is a major application for a prominent

site with important design and Highway considerations.

To meet the Council's Performance Targets this application should have been determined
by 24th August 2021

2 Recommendations

2.1 To GRANT PLANNING PERMISSION for the reasons set out in this report, subject to:

(i) the further response of the Highway Authority confirming that the objection to
the applicant’s proposed junction layout has been overcome.

(ii) the indicative conditions substantially in the form of those listed in the draft
decision notices at the end of this report;

(iii) prior completion of a Section 106 planning obligation to secure:

(a) a financial contribution of £724,460 towards the provision of off site Open Space

(b) local employment and training benefits including opportunities in the

construction and operational phases of development together with payment
of a financial contribution towards employment and training;

(c) a student management plan and restrictions on keeping private vehicles

2.2 Power to determine the final details of both the terms of the planning obligation and
the conditions of planning permission and listed building consent to be delegated to
the Director of Planning and Regeneration.

2.3 That Committee are satisfied that Regulation 122(2) Community Infrastructure Levy
Regulations 2010 is complied with, in that the planning obligations sought are (a)
necessary to make the development acceptable in planning terms, (b) directly
related to the development and (c) fairly and reasonably related in scale and kind to
the development.

3 Background

3.1 The application relates to the north eastern corner of the wider Island Site and is
bounded by Evelyn Street to the north, Manvers Street to the east and City Link to
the South. The site is currently free from built development and comprises
temporary car parking, on relatively flat land and semi-mature scrub vegetation.

3.2 The planning application boundary has been drawn generously to encompass other
areas where associated works that would constitute ‘development’ are proposed.
For this reason, the planning application boundary area extends to 2.34 hectares.

3.3 The application site falls within the defined city centre area of the adopted Land and
Planning Policies Development Plan Document - Local Plan Part 2 (LAPP) and is
within the defined Canal Quarter/Creative Quarter area of overlap. It also forms part
of the larger Island Site allocation for mixed-use development Site Ref: SR59 -
Canal Quarter - Island Site.

3.4 In its association with the larger Island Site, which is also within the applicant’s
ownership, the application site has a varied planning history reflecting various
phases of piecemeal development. However, most relevant to this application is the
Outline Planning Permission granted for the large-scale mixed-use redevelopment
of the Island Site on 1 June 2020 (under planning reference 18/01354/POUT). This
permission included floorspace allowance for student accommodation.

3.5 Whilst the planning application now being submitted is a full application, and not an
application for the approval of reserved matters pursuant to the above consent, it is
intended to represent the second phase (Phase 2) of development at the Island
Quarter, where this and subsequent detailed planning applications would respect
the design principles and concepts established as part of the outline planning
application process.

4 Details of the proposal

4.1 The application proposes a total of 23,079.2m2 of new gross external floorspace,
comprising 702 No. student accommodation units, arranged in three multi-faceted
blocks of differing heights around a central courtyard and pedestrianised ‘street’.
The tallest block would comprise 12 storeys (Block A) with the remaining 2 blocks
being 9 (Block B) and 8 (Block C) storeys high. The blocks would provide 284, 196
and 226 units respectively, with blocks A and B providing cluster flats and block C
providing studio flats.

4.2 The building height, massing and design have evolved through an iterative process,
involving extensive discussions and meetings at pre-application stage. The final
design has been informed by the masterplan for the Island Site, the City Centre
Urban Design Guide and the Facades Design Guide.

4.3 In addition to the proposed student accommodation, the proposed development

would include ancillary construction work, including new hard and soft landscaping
(public realm), improvements to the local highway network (including changes to
the Manvers Street junction), a new arterial foul and surface water drainage
network, associated utilities infrastructure and temporary surface treatments.
Consultations and observations of other officers

Adjoining occupiers consulted:

A total of 568 individual notification letters have been sent to neighbouring

properties, including:

1-11 Fishergate Point

Unit A1, 6A, 6B, W2a, Premier inn, Media House City Link
Studios, 1 Thorseby Street
2-12 (evens), 18-162 (evens), Newark Crescent
Offices within BioCity
2 Pennyfoot Street
Units 1, 2, 3A, 3B, 4, 5A, 5C, 6, 7A, 7B, 8 Davisella House, Lower Eldon Street37,
99, Nottingham Theatre Trust, Manvers Street
34-54 (evens) Marham Close

The application has also been publicised by site and press notices. One citizen
response has been received, objecting to the development on the following
grounds:

• Dispute the need for student accommodation detailed within the application. Is it
really taking into account how much student accommodation is being built in the
city at this time?

• Concerned that this is a cheap way for developers to make money but is not
necessarily serving Nottingham's interests. There is clearly a problem around
student flats being exempt from business rates and that is why so many developers
want to build them. I would urge the city council to address this issue in the round
and look for a holistic solution - that is forward thinking - so there isn't a bubble
created that will burst leaving Nottingham with lots of unwanted student flats.

• Concerns that the Sneinton Dragon sculpture, the orchard that it sits in and the
hermitage caves are not affected by this development. It is not very clear whether it
is or not. It is very important to Sneinton's history, culture, heritage, food security
and ecology that these things are not damaged, relocated or effected.

• I am also concerned that the lovely view that we have from Sneinton of the city and
the lace market sat on the hill will be blocked by these flats - and that it will change
the feeling of the place.

• In the light of the ecological and climate catastrophes that are under way I don't feel
that this development has enough green space or enough thought about and
provision for the local ecology. Is the development carbon neutral for example? It is
vitally important that it is.

Nottingham Civic Society: The height and intensity of this phase of the
development does not accord with the scale of the approved outline permission in
this part of the overall development site.

The increase in height does not seem to be justified and conflicts with the advice in
the Adopted City Centre Urban Design Guide which recognised that taller new
buildings within the 'Tall Buildings Zone' should not only be reduced in height on the
edges adjoining traditionally scaled residential areas but should also avoid
presenting a solid wall of development to these communities which creates an
impenetrable visual barrier, cutting off cherished views and connections with the
city centre.

The intensity and scale would result in the buildings having an overbearing effect
on the public space. Seven to twelve storeys is not a scale which lends itself well to
a sense of community and security. The "private space" enclosed by the main
blocks looks particularly oppressive.

The use of an architectural 'crown' to distinguish the top of the building from the
remainder of the elevation results in the impression of one building balancing on top
of another, drawing attention to its overall height. The expression of the elevations
could be interesting but the choice of sombre grey tones and reliance on vertical
shafts of buff render which will discolour quickly will contribute to the overbearing
effect. The CGIs supplied in the application documents do not give confidence that
there will be a sufficient degree of depth in all the elevations necessary to carry off
this form of repeated vertical piers successfully.

Details of the main entrances depicting tapering solid walled enclosures below a
brise soleil would be more welcoming if they were constructed in translucent
material.

The Manvers Street public-facing edge of the Island Site development will create a
7 storied defensive wall facing on to low rise Sneinton, blocking out cherished views
of the St Marys and the Lace Market skyline. A CGI image showing both the new
development and its integration into the existing streetscape would demonstrate
this problematic effect.

The public benefits of this tall and intensive development should include some
contribution to funding the restoration of the derelict listed Great Northern
Warehouse and its unlisted neighbour the James Alexander Warehouse which, of
course, are an integral part of the overall Island Quarter.

Additional consultation letters sent to:

Environmental Health: No objection subject to conditions requiring the

pre-existing remediation strategy (Issue 1.1 dated 16th April 2021 (ref TE1319RS))
be updated to include reference to the previous investigation works and more
recent investigative works, an updated Remediation Plan, based on the site
investigation, giving full details of the remediation measures required and how they
are to be undertaken and A Verification Plan providing details of the data that will
be collected in order to demonstrate that the works set out in above are complete.

Environment Agency: No objection subject to conditions requiring compliance with

the submitted FRA and compliance with and verification with the various aspects
set out within the submitted remediation plan.

Highways: On site public realm enhancements and arrangement of internal

streets/access are considered acceptable subject to conditions requiring removable
bollards and restrictions on the locations of bin collections and student drop off (to
Evelyn Street only).
Concerns remain in relation to the Manvers Street junction improvements,
specifically in relation to the uncontrolled arm of the junction, which is to be located
on the rail bridge structure where there are significant level differences between the
Manvers Street carriageway and the development land. This is of concern from a
highway perspective and as such a detailed structural survey has been requested.

Drainage: Details of how occupiers are to be made aware of the flood risk plan and
evacuation procedures are required. As dwellings are proposed for the ground
floor, it is imperative that measures are in place to ensure safety of the ground floor
occupiers.

With regard to the drainage strategy, the layout details have been provided but
there are no supporting calculations or a proposed maintenance regime. These
should be submitted to support the drainage layout. Additionally, exceedance
routing to ensure third parties are not at risk should the drainage design be
exceeded, are required.

City Archaeologist: No objection. A comprehensive written scheme of

investigation has been provided and approved by the City Archaeologist to enable a
comprehensive intrusive investigation exercise, whereby the whole site is,
essentially, ‘turned over’ prior to any excavation for foundations. A further condition
requiring the submission of a full scheme of Archaeological Works is
recommended.

Biodiversity and Green Space Officer: Concerned about the omission of a

green/brown roof on these buildings. The loss of the open mosaic habitat on
previously developed land needs to be mitigated. Further details of how green roofs
will be provided across the wider Island Site should be sought.

The temporary high impact wildflower meadow is welcomed and will enhance the
biodiversity of the site.

Conditions requiring an ecological enhancement plan, lighting plan, landscape

planting plan and maintenance plan should be imposed, in line with the
recommendations detailed within the submitted Ecology report.

Education: The proposed student accommodation does not generate any demand
for school places. Therefore, there is no S106 education claim for this development.

Pedals: Pedals in general welcomes opportunities that the current planning

application present to improve and enable cycle and pedestrian activity within this
area and support wider cycle/ pedestrian connectivity within our city.
Pedals would like to see:
• Assurance that the improvements (Framework Travel Plan 4.2.10) to cycle and
pedestrian provision on City Link will take full account of the revised DfT Cycling
Infrastructure Design Guidance standards stated in Local Transport Note (LTN)
1/20 guidance with improved connections at both ends.
• Pedestrian and cycle routes segregated on Manvers Street.
 • Cycle parking provision meets NCC standards. The Framework Travel Plan
(5.5.1) states that 270 secured covered cycle parking spaces will be provided for
students and that this is less than the 310 required by NCC standards.
• That full account is taken of cycle and pedestrian movements in redesigning the
junction of this site with Manvers Street and Sneinton Hermitage and that these
also meet the revised DfT guidance stated in LTN 1/20.

Nottingham Local Access Forum: Overall Nottingham LAF welcomes the

opportunities that the current planning application present to improve and enable
cycle and pedestrian activity within this area and support wider cycle/ pedestrian
connectivity within our city.
Nottingham LAF would like to see
• Assurance that the improvements (Framework Travel Plan 4.2.10) to cycle and
pedestrian provision on City Link will take full account of the revised DfT Cycling
Infrastructure Design Guidance standards stated in Local Transport Note (LTN)
1/20 guidance with improved connections at both ends.
• Pedestrian and cycle routes segregated on Manvers Street.
• Cycle parking provision meets NCC standards. The Framework Travel Plan
(5.5.1) states that 270 secured covered cycle parking spaces will be provided for
students and that this is less than the 310 required by NCC standards.
• That full account is taken of cycle and pedestrian movements in redesigning the
junction of this site with Manvers Street and Sneinton Hermitage and that these
also meet the revised DfT guidance stated in LTN 1/20.
Nottingham LAF would also like assurance that the development adequately
supports future cycle/ pedestrian activity.

Others:

6 Relevant policies and guidance

Aligned Core Strategies

Policy A: Presumption in Favour of Sustainable Development

Policy 1: Climate Change
Policy 5: Nottingham City Centre
Policy 10: Design and Enhancing Local Identity
Policy 17: Biodiversity

Land and Planning Policies Development Plan Document - Local Plan Part 2

Policy CC1: Sustainable Design and Construction

Policy CC3: Water
Policy DE1: Building Design and Use
Policy DE2: Context and Placemaking
Policy EE4: Local Employment and Training Opportunities
Policy EN2: Open Space in New Development
Policy EN6: Biodiversity
Policy HE1: Proposals Affecting Designated and Non- Designated Heritage Assets
Policy HO5: Locations for Purpose Built Student Accommodation
Policy HO6: Houses in Multiple Occupation (HMOs) and Purpose Built Student
Accommodation
Policy IN2: Land Contamination, Instability and Pollution
Policy IN4: Developer Contributions
 Policy RE2: Canal Quarter (overlap)
Policy RE3: Creative Quarter (overlap)
Policy SA1 - Site Allocations (SR59: Canal Quarter - Island Site)
Policy TR1: Parking and Travel Planning

Island Site Nottingham Supplementary Planning Document (April 2016)

NPPF (2021):

The NPPF advises that there is a presumption in favour of sustainable development

and that applications for sustainable development should be approved where
possible. Paragraph 126 notes that the creation of high quality, beautiful and
sustainable buildings and places is fundamental to what the planning and
development process should achieve. Good design is a key aspect of sustainable
development, creates better places in which to live and work and helps make
development acceptable to communities.

Paragraph 130 of the NPPF states that planning policies and decisions should
ensure that developments:

a) will function well and add to the overall quality of the area, not just for the short
term but over the lifetime of the development;

b) are visually attractive as a result of good architecture, layout and appropriate and
effective landscaping;

c) are sympathetic to local character and history, including the surrounding built
environment and landscape setting, while not preventing or discouraging
appropriate innovation or change (such as increased densities);

d) establish or maintain a strong sense of place, using the arrangement of streets,

spaces, building types and materials to create attractive, welcoming and distinctive
places to live, work and visit;

e) optimise the potential of the site to accommodate and sustain an appropriate

amount and mix of development (including green and other public space) and
support local facilities and transport networks; and

f) create places that are safe, inclusive and accessible and which promote health
and well-being, with a high standard of amenity for existing and future users; and
where crime and disorder, and the fear of crime, do not undermine the quality of life
or community cohesion and resilience.

7. Appraisal of proposed development

Main Issues

(i) Student accommodation use and impact upon the amenity of neighbouring
occupiers and the wider area.
(ii) Scale, layout and design and impact upon the amenity of neighbouring
occupiers and the wider area.
(iii) Highway improvements
 Issue (i) Student accommodation use and impact upon the amenity of
neighbouring occupiers and the wider area. (ACS Policy 5 and LAPP Policies
HO5, HO6, RE2, RE3 and SA1)

7.1 The application site is part of an allocated larger development site in the LAPP
(Policy SA1, Site Ref: SR59 - Canal Quarter - Island Site). The development
principles to be applied to this allocation refer to the need for a comprehensive
masterplan to enable the accelerated delivery of an attractive mixed use
community, to include new open space and cycling and walking routes linking to the
surrounding area. Policy RE2: Canal Quarter also repeats the need for a mixed use
community in line with an agreed masterplan.

7.2 Whist the development being proposed by this application is independent of the
previously granted Outline Planning Permission, the applicant has stated their
commitment to the design principles that were established as part of the outline
planning process.

7.3 The application site is located in the city centre and within convenient walking
distance of Nottingham Trent University campus (including Confetti on Lower
Parliament Street/Huntingdon Street), and city centre amenities. Policy 5 of the
ACS also supports city centre living initiatives including student housing where
appropriate.

7.4 Policy HO5 of the LAPP acknowledges that purpose built student accommodation
of an appropriate scale and design will be encouraged within the City Centre
boundary, subject to accordance with site and area specific policies.

7.5 Policy HO6 of the LAPP states that planning permission will be granted for purpose
built student accommodation where this does not undermine local objectives to
create or maintain sustainable, inclusive and mixed communities. In assessing the
development’s impact on local objectives to create or maintain sustainable,
inclusive and mixed use communities, regard is to be given to a range of criteria
including student concentration, but with exceptions being made for those sites
within areas identified in Policy HO5 where new purpose built accommodation is to
be encouraged. The application site, being within the city centre, complies with this
exception and is therefore considered to be appropriate in principle for this
development based on its location. It is therefore considered that the proposed
development accords with Policy HO5 and HO6 of the LAPP.

7.6 Notwithstanding the potential impacts of the Covid 19 pandemic upon the future
demand for student accommodation, monitoring reports on the provision of student
accommodation have consistently illustrated the need to maintain an on-going
supply of additional bedspaces in order to meet increases in the number of
students attending further and higher education courses within the city. The
strategy to meet this on-going supply has been to focus upon the provision of high
quality purpose built accommodation within the city centre and thereby to attract
students that could otherwise occupy houses of multiple occupation outside of the
city centre.

7.7 The previously granted Outline Planning Permission for the Island Site makes
provision for up to 27,030 sq m of student accommodation (totalling 666 units)
within the total quantum of floorspace allowed. The principle of accommodating
large scale student accommodation provision has therefore already been reviewed
 and accepted. It is acknowledged that the number of bedspaces in the current
proposal represents an increase of 36, from that approved in the Outline
permission, but given that this is contained within the same area of the site and will
be subject of a Student Management Scheme, it is not considered that this increase
would have any significant additional impact.

7.8 The layout and mix of studio and cluster flat accommodation within the proposed
development is arranged with rooms either facing out onto the surrounding streets
or into the courtyard amenity space that is created between the buildings. The
floorspace standards within the proposed accommodation are considered to be
good, and with internal and external communal amenity space being provided for
use by all student residents.

7.9 Whilst the potential for antisocial behaviour will always exist in student
developments of the scale being proposed, a student management plan is a
requirement of the S106 agreement. This will include a commitment for an operator
to work proactively with the local community, including 24 hour on-site management
and community liaison. It is also considered that such on-site management will be
capable of ensuring responsible behaviour within the communal courtyard space to
be provided within the scheme.

7.10 Restrictions on keeping private vehicles within the city will also be applied and has
been a proven deterrent to the potential impact of car parking. It is therefore
considered that appropriate student management measures will therefore minimise
any impact of the student accommodation use on the local community in
accordance with Policy HO6 of the LAPP.

7.11 Accordingly, it is considered that the proposed scheme complies with Local Plan
policies and in particular Policy 5 of the ACS and Policies RE2, RE3, SA1, HO5 and
HO6 of the LAPP.

Issue (ii) Scale, layout and design and impact upon the amenity of
neighbouring occupiers and the wider area (ACS Policy 10 and LAPP Policies
DE1, DE2, IN2 and SA1).

7.12 The masterplan approved as part of the outline planning permission is continuing to
evolve through ongoing discussions between the developer and the LPA. The
design evolution has seen a greater importance given to the value of public realm,
green space and connectivity. As a result, the proposed Linear Park or ‘Green
River’ has been significantly extended, providing a loop of green space through the
Island Quarter creating interesting vistas, better connected building frontages and
higher quality public realm. It has also improved connectivity with the surrounding
city. Consequentially, the arrangement and footprint of the Purpose Built Student
Accommodation, approved under the previous Outline Permission, has also
evolved and this is justified within the planning application submission. However, it
is considered that the proposal will continue to respond to the proposed
surrounding building mass, height, scale, geometry and proportions to enable the
building to sit successfully within its current and proposed surroundings. It seeks to
echo the finer urban grain of the emerging Masterplan, contributing to the creation
of a diverse and characterful streetscape with improved connectivity within and
beyond the site. The development is considered to provide a high quality living
environment for students with integrated facilities as well as indoor and outdoor
amenity space, including an internal courtyard and roof terrace.
7.13 It is considered that the proposed buildings are appropriate to the location and
context (existing and proposed). In the City Centre Urban Design Guide the site
forms part of a zone of reinvention, and is also at the easternmost edge of the Tall
Buildings Zone, in close proximity to a site identified for a taller building. The height
of the buildings is therefore considered appropriate and justified. The Civic
Society’s comments are noted in relation to the massing guidance in the Design
Guide (ground plus six storeys, reducing to ground plus four where the Eastside
adjoins residential areas of Sneinton and St Anns). However, it is considered that
the location of the site in the Tall Buildings Zone, opposite former industrial
buildings and in proximity to the higher ground levels of Newark Crescent, and the
character of Manvers Street as a wide, busy main arterial route into the city centre
provides an appropriate context for buildings of greater height here. The building
heights have been tested in the 3D city model and do not harm any of the views or
vistas identified in the guide.

7.14 The façade treatment is considered to be acceptable taking reference from

surrounding buildings and their heritage rich context. The palette of materials,
which also takes reference from surrounding buildings, is considered to be
appropriate in context and would help to deliver a characterful and varied street
frontage within the wider Island Site. Despite reservations from the Civic Society in
relation to the use of the ‘Crown’ to distinguish the tallest parts of the buildings, it is
felt that this is an appropriate way to address the height of the buildings, giving
them a clear ‘top’ and adding interest to the corner focal point of the site.

7.15 As detailed above, the arrangement of clusters and studios to provide adequate
outlook over streets or the internal courtyard space, good space standards and
access to on site facilities and external amenity space, would provide a high quality
living environment for students, raising no concerns about impact upon residential
amenity. The proposals would therefore comply with policy DE1 in this regard.

7.16 In view of the above it is considered that the development proposed would comply
with Policy 10 of the ACS and Policies DE1, DE2 and SA1 of the LAPP).

Issue (iii) Highway and Public Realm improvements (Policies DE2 and TR1 of
the LAPP)

7.17 The overall objective for the public realm within the Island Quarter, is to achieve a
coherent, high quality, attractive, clutter-free and safe public realm environment.
The proposed PBSA scheme will include an improved interface with Manvers
Street, where there will be a new footpath and cycleway. The Sneinton Hermitage
junction is also to be reconfigured, with a new arrangement that will favour
pedestrian and cycle movements from Sneinton (and from other areas further east)
to the Island Quarter. The supporting documentation details aspirations for an area
with pedestrian dominance with a layout that promotes interaction, encourages
extended dwell time and provides a safe environment for play. Cycling as
transportation is encouraged through the provision of plentiful cycle parking (final
details of numbers are to be confirmed as detailed later in this report).

7.18 The Highway Authority have indicated that bin collection and student pick up/drop
off should be restricted to Evelyn Street in the interests of highway safety and this
will be secured by condition. Although the applicant has purposefully proposed
 minimal street furniture to maintain clear, legible and unimpeded pedestrian routes,
the Highway Authority have requested the inclusion of removable bollards at the
entry/access points to ensure that general traffic does not use the internal roads to
the detriment of highway safety. A condition to this effect is recommended.

7.19 Current NCC standards for student accommodation stipulate a minimum of 1 cycle
parking space per 4 bedrooms, plus 1 space for visitors for every 5 beds which this
proposal currently fails to provide. It is the recommendation of the Cycle Team that
the cycle parking provision for the student accommodation is increased from the
270 proposed spaces to the required standard of 317 spaces. This has been raised
with the applicant and it is anticipated that a revised scheme for cycle parking will
be provided ahead of the Committee meeting.

7.20 Although the proposed alterations to the Manvers Street junction, which have been
incorporated within this application to enable them to be brought forward, have
been previously approved in principle (under the outline permission), details of
traffic modelling to ensure that the new junction arrangements can work safely and
satisfactorily, are required. Initial proposals presented with the current application
raise questions about the new location of the uncontrolled arm of the junction,
which is to be located on the rail bridge structure where there are significant level
differences between the Manvers Street carriageway and the development land.
This is of concern from a highway perspective and as such a detailed structural
survey has been requested. Discussion are ongoing between the Highway
Authority and the applicant and the latest position will be reported by way of an
update to Committee. It should be noted that the conditions of the recommendation
to grant planning permission, include a requirement that outstanding highway
issues are resolved.

Other Matters (Policies CC3, IN2, HE1 of the LAPP)

7.21 Nottingham Civic Society’s comments in relation to the Great Northern Warehouse
and James Alexander Warehouse are noted. It is considered that the proposed
PBSA buildings are sufficiently far away from these buildings, so as not to affect
their setting. Whilst it remains an objective of the redevelopment of the island site to
secure a long-term future for these buildings, it is considered that it would not be
reasonable to seek a developer contribution for as yet un-designed and un-costed
plans for the restoration of these buildings. Such a contribution did not form part of
the planning permission and Section 106 agreed in relation to the outline planning
permission for the site. It is however understood that the applicant, who has
ownership of these buildings, remains committed to bringing forward proposals for
these buildings at an appropriate point in the development of the wider site.

7.22 The interim response of Highways is noted and the changes to the Manvers Street
Junction are being discussed further with the applicant. It is envisaged that a
solution will be agreed prior to the Committee Meeting and members will be
informed by way of an update.

7.23 The proposed cycle parking for the student accommodation is provided within a
secure, undercover cycle store on the ground floor of the building. A total of 270
cycle spaces will be provided for use by the students and their visitors. Concerns
have been raised about the fact that this does not accord with the LAPP’s minimum
standards for student occupants and visitors. Discussions are ongoing with the
applicant and any amendments will be detailed by way of an update to Committee.
 Subject to agreement of final numbers for cycle parking and appropriate conditions
the proposed development is therefore considered to comply with LAPP Policy
TR1.

7.24 The response of Environmental Health is noted and reflected in the proposed
conditions regarding ground contamination assessment in accordance with LAPP
Policy IN2.

7.25 The response of the Drainage team is noted and additional information has been
requested from the applicant. On receipt of adequate details it is considered that
the development would comply with LAPP Policy CC3.

7.26 The Sneinton Dragon sculpture, the orchard that it sits in and the hermitage caves,
which sit beyond the Island Site boundary, would not be affected by this
development.

7.27 As detailed above, the building heights have been tested in the 3D city model and
do not harm any of the views or vistas identified in the guide. The loss of an existing
view is not a material planning consideration for all developments.

7.28 The applicant continues to maintain a close and constructive dialogue with the City
Archaeologist in respect of excavations on site and a Written Scheme of
Investigation has already been agreed to enable the preliminary investigations to
continue prior to commencement of works. The City Archaeologist has confirmed
that they are satisfied with this approach. The City Archaeologist has confirmed that
a full program of archaeological work will need to be provided prior to
commencement and a condition to this effect is recommended.

8. Sustainability / Biodiversity (Policies 1 and 17 of the ACS and Policies CC1 and
EN6 of the LAPP)

8.1 The proposed building design aims to achieve an optimum use of energy through
passive design including the maximisation of daylight; using heating, ventilation and
air conditioning on a zoned basis; using LED lighting throughout, and improving
thermal performance of the buildings’ fabric.

8.2 An Air Source Heat Pump (ASHP) system is proposed to supply the domestic hot
water demand of the PBSA development. This system has been designed to deliver
both an energy efficient supply of heat but will also allow for a future connection to
a masterplan scale heat or district network.

8.3 A condition is recommended requiring verification that all of the above have been
incorporated within the scheme, prior to its first occupation.

8.4 The response of the Biodiversity team is noted and reflected in the proposed
conditions for the incorporation of an Ecological enhancement scheme to include
bat and bird boxes plus full planting details and use of native species in accordance
with LAPP Policy EN6 and Policy 17 of the ACS. The applicant has committed to
providing further information in relation to the wider biodiversity objectives for the
Island Quarter, as a means of justification for the removal of the green roof from the
scheme. This will be updated to Committee.
9 Section 106 (LAPP Policies HO6, IN4 and EE4)

9.1 A range of S106 planning obligations were negotiated and concluded in association
with the recently granted Outline Planning Permission for the redevelopment of the
larger Island Site, including financial contributions towards highways improvements,
open space improvements, future education provision, affordable housing, and
local employment and training opportunities. The amount of these individual
contributions were then to be determined by the scale and content of individual
phases of development.

9.2 Whilst this application is for full planning permission rather than for reserved
matters following the grant of the outline planning permission, the applicant has
indicated their intention to follow the terms of the previously agreed S106 and that
the policy/SPD-derived obligations, insofar as they relate to Phase 2 will be met in
full by the Developer.

9.3 In accordance with The Provision of Open Space Within New Residential and
Commercial Developments Supplementary Guidance open space contributions of
£724,490 arising from the purpose built student accommodation with 702
bedspaces is to be provided in accordance with Policies EN2 and IN4.

9.4 It is estimated that the proposed development will deliver full-time equivalent
construction jobs during the construction period and new operational jobs. The
applicant has indicated that they will work with the Council’s Employment and Skills
team in relation to these future local job opportunities, with a financial contribution
in accordance with Policy EE4 of the LAPP. This contribution is in the process of
being finalised and will be updated to Committee.

9.5 The proposed obligations accord with planning policy and are therefore reasonable,
meeting the tests of Regulation 122(2) of the Community Infrastructure Levy
Regulations 2010.

10 Financial Implications

A financial contributions of £724,490 in accordance Policy IN4 and The Provision of

Open Space within New Residential and Commercial Developments
Supplementary Guidance.

11 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.

12 Equality and Diversity Implications

The provision of DDA compliant accessible buildings.

13 Risk Management Issues

None.
14 Strategic Priorities

Encourage purpose built student accommodation in places where it reduces

pressure on family housing. Ensuring that all planning and development decisions
take account of environmental and sustainability considerations. Ensuring
Nottingham’s workforce is skilled.

15 Crime and Disorder Act implications

Improved surveillance and community safety.

16 Value for money

None.

17 List of background papers other than published works or those disclosing

confidential or exempt information

1. Application No: 21/01032/PFUL3 - link to online case file:

http://publicaccess.nottinghamcity.gov.uk/online-
applications/applicationDetails.do?activeTab=summary&keyVal=QSRY2ILYI9100

18 Published documents referred to in compiling this report

Aligned Core Strategies – Local Plan Part 1 (2014)

Land and Planning Policies – Local Plan Part 2 (2020)
The Provision of Open Space Within New Residential and Commercial
Developments Supplementary Guidance (2019)
NPPF (2019)
City Centre Urban Design Guide (2009)

Contact Officer:
Mrs Zoe Kyle, Case Officer, Development Management.
Email: [email protected]. Telephone: 0115 8764059
NOMAD printed map

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Key Description
No description provided
City Boundary
My Ref: 21/01032/PFUL3 (PP-09539088 200001412700)
Your Ref:

Contact: Mrs Zoe Kyle

Development Management
Email: [email protected]
City Planning
Loxley House
Station Street
Nottingham
AXIS NG2 3NG
FAO Alistair Yates
Camellia House Tel: 0115 8764447
www.nottinghamcity.gov.uk
76 Water Lane
Wilmslow
SK9 5BB
England

Date of decision:
TOWN AND COUNTRY PLANNING ACT 1990
APPLICATION FOR PLANNING PERMISSION

Application No: 21/01032/PFUL3 (PP-09539088 200001412700)

Application by: Conygar Nottingham Ltd.
Location: The Island Quarter - Phase 2 , Nottingham, Evelyn Street
Proposal: Construction and operation of Purpose-Built Student Accommodation (PBSA)
and associated hard and soft landscaping, foul and surface water drainage
infrastructure, and local highway improvement works.

Nottingham City Council as Local Planning Authority hereby GRANTS PLANNING PERMISSION
for the development described in the above application subject to the following conditions:-

Time limit

1. 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.

Pre-commencement conditions
(The conditions in this section require further matters to be submitted to the local planning authority
for approval before starting work)

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2. Prior to the commencement of the development, an updated Remediation Strategy that
includes the following components to deal with the risks associated with ground gas
contamination of the site shall be submitted to and be approved in writing by the Local
Planning Authority:

a) A Site Investigation, building on previous investigative work, and a detailed assessment of

the risk to all receptors that may be affected, including those off site.

b) An updated Remediation Plan, based on the site investigation, giving full details of the
remediation measures required and how they are to be undertaken.

c) An updated Verification Plan providing details of the data that will be collected in order to
demonstrate that the works set out in above are complete.

The Remediation Strategy shall be carried out in accordance with the approved details unless
varied with the express written approval of the Local Planning Authority. Understood and
agreed.

Reason: To ensure that the site can be developed without health or safety risks to the
environment and/or adjoining occupiers in accordance with Policy IN2 of the Land and
Planning Policies Development Plan Document - Local Plan Part 2 (2020).

3. A) No demolition/development shall take place/commence until a programme of

archaeological work including a Written Scheme of Investigation has been submitted to and
approved by the local planning authority in writing. The scheme shall include an assessment of
significance and research questions; and:

1. The programme and methodology of site investigation and recording

2. The programme for post investigation assessment
3. Provision to be made for analysis of the site investigation and recording
4. Provision to be made for publication and dissemination of the analysis and records of the
site investigation
5. Provision to be made for archive deposition of the analysis and records of the site
investigation
6. Nomination of a competent person or persons/organisation to undertake the works set
out within the Written Scheme of Investigation.

B) No demolition/development shall take place other than in accordance with the 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 Written
Scheme of Investigation approved under condition (A) and the provision made for analysis,
publication and dissemination of results and archive deposition has been secured.

Reason: To ensure that any archaeological remains of significance are safeguarded in

accordance with Policy HE1 of the Land and Planning Policies Development Plan Document -
Local Plan Part 2 (2020).

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4. Prior to the commencement of development, a Construction Traffic Management Plan (CTMP)
shall be submitted to and approved in writing by the Local Planning Authority. The CTMP shall
as a minimum include details of the type, size and frequency of vehicles to/from the site, haul
routes (if any), staff parking provision (including subcontractors), site security, traffic
management plans, wheel cleaning facilities and measures to prevent the deposit of debris on
the highway and a timetable for its implementation. Thereafter the CTMP shall be
implemented in accordance with the approved details and timetable unless otherwise agreed
in writing by the Local Planning Authority.

Reason: In the interests of highway safety and the amenity of neighbouring developments in
accordance with Policy 10 of the Aligned Core Strategies.

5. Prior to the commencement of above ground development confirmation of the proposed

external materials, to include samples, shall be submitted to and approved in writing by the
Local Planning Authority and the development shall thereafter be implemented in accordance
with the approved materials.

Reason: In order to ensure an appropriate quality of finish to the approved development and
in accordance with Policy 10 of the Aligned Core Strategy and Policy DE1 of the Land and
Planning Policies Development Plan Document - Local Plan Part 2 (2020).

6. Prior to the commencement of above-ground development a landscaping scheme (hard and

soft materials, including surfacing and means of enclosure), shall be submitted to and
approved in writing by the Local Planning Authority. The development shall thereafter be
implemented in accordance with the approved scheme unless varied with the prior written
consent of the Local Planning Authority.

Reason: To ensure that the appearance of the development will be satisfactory in accordance
with Policy 10 of the Adopted Core Strategies (2014) and Policy DE1 of the Land and Planning
Policies Development Plan Document - Local Plan Part 2 (2020).

7. Prior to the commencement of the fit out for the Cafe, an environmental noise assessment and
sound insulation scheme shall be submitted to and be approved in writing by the Local
Planning Authority. The environmental noise assessment shall provide sufficient detail to
demonstrate that the combined noise from any mechanical services plant or equipment
(including any air handling plant) specified to serve the development and running at 100% load
shall not exceed a level 10dB below the existing ambient LA90 background noise level, at a
point 1 metre from the window of any nearby noise sensitive premises at any time during the
relevant operational
period of the development.

No items of plant or equipment (either singly or in combination) shall have a distinguishable,

discrete continuous note (whine, hiss, screech, hum) and/or distinct impulses (bangs, clicks,
clatters, thumps).

The sound insulation scheme shall be carried out in accordance with the approved details
unless varied with the express written approval of the Local Planning Authority.

Reason: To ensure that occupants and neighbouring properties to the development do not
experience noise nuisance in accordance with Policy IN2 of the Land and Planning Policies
Development Plan Document - Local Plan Part 2 (2020).

8. Prior to the commencement of the fit out for the Cafe, a scheme for the ventilation and means
of discharging and dispersing fumes and the prevention of nuisance caused by odour from the
development shall be submitted to and be approved in writing by the Local Planning Authority.

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 The submission shall include an odour risk assessment, the design configuration, odour
abatement technology and specification for the scheme for the ventilation and means of
discharging and dispersing fumes from development.

Reason: To ensure that occupants and neighbouring properties to the development do not
experience odour nuisance in accordance with Policy IN2 of the Land and Planning Policies
Development Plan Document - Local Plan Part 2 (2020).
Pre-occupation conditions
(The conditions in this section must be complied with before the development is occupied)

9. Prior to first occupation of the development, the following shall be submitted to and be
approved in writing by the Local Planning Authority:

a) 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.

b) A Verification Report, which shall include the data referred to in the 'Remediation Strategy,
Options Appraisal and Verification Plan for Phase 2, The Island Quarter, Nottingham' Issue 1.1
dated 16th April 2021 (ref TE1319RS) and any subsequent updated reports, to demonstrate
that the approved Remediation Strategy to deal with ground and groundwater contamination of
the site has been fully implemented and completed.

Reason: To ensure that the site can be developed without health or safety risks to the
environment and/or adjoining occupiers in accordance with Policy IN2 of the Land and
Planning Policies Development Plan Document - Local Plan Part 2 (2020).

10. Prior to the first use of the ground floor cafe, The applicant shall submit written verification to
the Local Planning Authority that the approved mechanical services plant or equipment
(including any air handling plant) specified to serve the development including any mitigation
measures have been implemented.

Reason: To ensure that occupants and neighbouring properties to the development do not
experience noise nuisance in accordance with Policy IN2 of the Land and Planning Policies
Development Plan Document - Local Plan Part 2 (2020).

11. Prior to first use of the ground floor cafe, verification that the approved scheme for the
ventilation and means of discharging and dispersing fumes and prevention of odour nuisance
has been implemented and is fully operational shall be submitted to and be approved in writing
by the Local Planning Authority.

Reason: To ensure that occupants and neighbouring properties to the development do not
experience odour nuisance in accordance with Policy IN2 of the Land and Planning Policies
Development Plan Document - Local Plan Part 2 (2020).

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12. Prior to occupation of any part of the development the applicant shall submit written
verification to the Local Planning Authority that the approved mechanical services plant and
equipment specified in the 'Residential Planning Noise Report' by Sandy Brown dated 15th
April 2021 (ref 21046-R01-B) (revB) has been implemented If any changes are made these
should be submitted for approval prior to implementation of the scheme.

Reason: To ensure that occupants and neighbouring properties to the development do not
experience noise nuisance in accordance with Policy IN2 of the Land and Planning Policies
Development Plan Document - Local Plan Part 2 (2020).

13. Prior to first occupation of the development, verification that the approved sound insulation
scheme specified in 'Residential Planning Noise Report' by Sandy Brown dated 15th April
2021 (ref 21046-R01-B) (revB) has been implemented and is fully operational shall be
submitted to and be approved in writing by the Local Planning Authority.

Reason: To ensure that occupants and neighbouring properties to the development do not
experience noise nuisance in accordance with Policy IN2 of the Land and Planning Policies
Development Plan Document - Local Plan Part 2 (2020).

14. Prior to the occupation of the development, a verification report demonstrating the completion
of works set out in the approved remediation strategy (Phase 1B Remediation Strategy and
Verification Plan, Tier Environmental, 14th
December 2020) and the effectiveness of the remediation shall be submitted to, and approved
in writing, by the Local Planning Authority. The report shall include results of sampling and
monitoring carried out in accordance with the approved verification plan to demonstrate that
the site remediation criteria have been met.

Reason: To ensure that the development does not contribute to, or is not put at unacceptable
risk from, or adversely affected by, unacceptable levels of water pollution in line with
paragraph 109 of the National Planning Policy Framework and Policy CC3 of the Land and
Planning Policies Development Plan Document - Local Plan Part 2 (2020.

15. Prior to the first occupation of the development, details of removable bollards or other street
furniture to be introduced at the entry/access points of the internal streets within the
development, shall be submitted and approved by the Local Planning Authority

Reason: In the interests of pedestrian and Highway Safety in accordance with Policy 10 of the
Aligned Core Strategies.

16. Notwithstanding the approved details, prior to the first occupation of the development, secure
cycle parking shall be made available for use, updated details of which shall have first been
submitted to and approved in writing by the Local Planning Authority.

Reason: [To ensure adequate cycle parking for the development in accordance with Policy
TR1 of the Land and Planning Policies Development Plan Document - Local Plan Part 2
(2020).

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17. Prior to the first occupation of the development verification that the energy and sustainable
measures included within the
approved Energy Statement by Amber Management and Engineering Services Ltd.
(Document Ref: Couchperrywilkes 200285, April 2021) have been implemented and are fully
operational shall be submitted to and approved in writing by the Local Planning Authority.

Reason: In order to ensure that the identified sustainable design features are incorporated into
the approved development, in the interests of ensuring the energy efficient and low carbon
sustainable development of the site and in accordance with Policy CC1 of the Land and
Planning Policies Development Plan Document - Local Plan Part 2 (2020) and Policy 1 of the
Aligned Core Strategies.

18. The development shall be carried out in accordance with the submitted flood risk assessment
(ref: Conygar Nottingham Ltd, The Island Quarter, Nottingham , Phase 2, Flood Risk
Assessment, IQ2-BWB-ZZ-XX-YE-0001_FRA, BWB, April 2021) and the following mitigation
measures it details:

- Finished floor levels shall be set no lower than 25.57 metres above Ordnance Datum (AOD)
as stated within section 4.3 of the FRA.

These mitigation measures shall be fully implemented prior to occupation of the development
and subsequently in accordance with the scheme's timing/phasing arrangements. The
measures detailed above shall be retained and maintained thereafter throughout the
lifetime of the development.

Reason: To reduce the risk of flooding to the proposed development and future occupants in
accordance with Policy CC3 of the Land and Planning Policies Development Plan Document -
Local Plan Part 2 (2020)
Regulatory/ongoing conditions
(Conditions relating to the subsequent use of the development and other regulatory matters)

19. The outdoor terrace areas on the 6th and 9th floors should not be used between the hours of
11pm and 8am.

Reason: To avoid noise nuisance for occupants and neighbouring properties in accordance
with Policy 10 of the Aligned Core Strategies and Policies DE1 and IN2 of the Land and
Planning Policies Development Plan Document - Local Plan Part 2 (2020).

20. No infiltration of surface water drainage into the ground is permitted other than with the written
consent of the Local Planning Authority. The development shall be carried out in accordance
with the approved details.

Reason: To ensure that the development does not contribute to, or is not put at unacceptable
risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised
contaminants in line with paragraph 109 of the National Planning Policy
Framework and Policy CC3 of the Land and Planning Policies Development Plan Document -
Local Plan Part 2 (2020).

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21. Piling or any other foundation designs using penetrative methods shall not be permitted other
than with the express written consent of the Local Planning Authority, which may be given for
those parts of the site where it has been demonstrated that there is no resultant unacceptable
risk to groundwater. The development shall be carried out in accordance with the approved
details.

Reason: To ensure the protection of controlled waters in accordance with Policy CC3 of the
Land and Planning Policies Development Plan Document - Local Plan Part 2 (2020)

22. Bin collection should be restricted to Evelyn Street and shall not take place on Manvers Street.

Reason:In the interests of Highway Safety in accordance with Policy 10 of the Aligned Core
Strategies.

23.

Standard condition- scope of permission

S1. Except as may be modified by the conditions listed above, the development shall be carried
out in complete accordance with the details described in the forms, drawings and other
documents comprising the application as validated by the council on 25 May 2021.

Reason: To determine the scope of this permission.

Informatives

1. This permission is valid only for the purposes of Part III of the Town & Country Planning Act
1990. It does not remove the need to obtain any other consents that may be necessary, nor does it
imply that such other consents will necessarily be forthcoming. It does not override any restrictions
contained in the deeds to the property or the rights of neighbours. You are advised to check what
other restrictions there are and what other consents may be needed, for example from the
landowner, statutory bodies and neighbours. This permission is not an approval under the Building
Regulations.

2. Environment Agency

From a combustion perspective:

New development within 400 metres of an installation (London Road Heat Station, EPR/AP3730LT)
could result in impacts including the nearby community being exposed to atmospheric emissions.
The severity of these impacts will depend on the prevailing meteorological conditions and the
magnitude of the emissions. Planning policy requirements (paragraph 182 of the National Planning
Policy Framework, NPPF) state that new development should integrate effectively with existing
businesses and not place unreasonable restrictions upon them. Where the operation of an existing
installation could have significant adverse effects on new development (including changes of use),
the applicant should be required to provide suitable mitigation for these effects. Mitigation can be
provided through the design of the new development to minimise exposure to and/or through
financial contributions to the operator of the facility to support measures that minimise impacts.
Environmental Permitting Regulations require operators to demonstrate that they have taken all
reasonable precautions to mitigate impacts of their operations. This is unlikely to eliminate all
emissions and there is likely to be residual impacts. In some cases, these residual impacts may
cause local residents concern. There are limits to the measures that the operator can take to
prevent impacts to residents. Consequently, it is important that planning decisions take full account
of paragraph 182 of the NPPF. When a new development is built near to an existing installation this
does not automatically trigger a review of the permit. In terms of atmospheric emissions, London

DRAFT ONLY 7 Continued…

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Road Heat Station demonstrates a good level of permit compliance and there is no obvious reason
that both the installation and new development cannot harmoniously co-exist

From a pharmeceuticals perspective:

A small scale pharmaceuticals production plant is located on Mabel Street, permitted under the
Environmental Permitting Regulations , ref. EPR/RP3137SF. The site has very little environmental
impacts and do not generate any noise or odour complaints. The site is located to the south west of
the development but the development should not have an impact on the plant as it is separated by
the canal, main road and railway lines.

From a radioactive substances point of view:

There are a number of small radioactive substances users near to the proposed development,
controlled under environmental permits. Due to the low external risk and small scale of the
radioactivity used in these locations, we believe that these sites would not impact or be impacted by
the proposed development.

From a waste perspective

The area of the proposed development lies 200-250m north of the Eastcroft Energy from Waste
Facility. This operation holds an Environmental permit issued by the Environment Agency (Permit
Ref EP3034SN) allowing it to incinerate up to 200,000T a year of domestic, commercial and
industrial waste currently. Subject to a number of preoperational conditions the site annual capacity
may increase to 300,000T when the 3rd End 5 line is installed. As with any facility managing waste
the incineration site has the potential for amenity impacts on the surrounding premises. The
number of amenity complaints received by the Environment Agency in recent years alleging impact
from this operation is very low, and the operator has demonstrated a good level of compliance. The
incinerator facility supplies steam to the nearby Enviroenergy plant which in turn provides heat for
the district heating scheme. We would encourage the developer to investigate this source of energy
for their development if they haven't already done so.

3. Traffic Regulation Orders (TROs)

Prior to occupation of the consented development it will be necessary to amend the Traffic
Regulation Orders on Manvers Street and Evelyn Street to take account of the development. This is
a separate legal process and the Order can be made on behalf of the developer by Nottingham City
Council at the applicant's expense. It is strongly recommended that it is made at the earliest
opportunity to allow time for the process to be completed. Please contact Highways Network
Management on 0115 876 5293 to instigate the process. For TRO advice and further information,
the applicant is advised to contact Scott Harrison on 0115 876 5245.

Street Lighting
The alterations to the highway layout on Manvers Street will result in the PFI maintained street
lighting being affected. It will be necessary to ensure that the street lighting that is reintroduced on
Manvers Street as part of the highway upgrade is appropriate in its design to be maintained by the
PFI. Full details of the proposed street lighting to Manvers Street should be submitted for approval
as part of the Section 278 Agreement.

Highway licences
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 876 5238. All costs shall be borne by the applicant.

Section 278 Agreement - highway works

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 876 5293 to instigate the process. It is strongly recommended that you make

DRAFT ONLY 8 Continued…

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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.

Section 38 Agreement - road adoption

The alterations to The Manvers Street/City Link junction highway layout will result in new areas of
adopted highway being created. In order for the new sections of highway to become adopted and
maintained by Nottingham City Council as Local Highway Authority the developer will need to enter
into a legal Agreement with the Authority under Section 38 of the Highways Act of 1980. A Section
38 Agreement can take some time to complete therefore it is recommended that the developer
make contact with the Highway Authority as early as possible. At this stage, developers will be
asked to provide the Local Highway Authority with full technical details for the construction of the
highway and the appropriate fees. At the time approval is given to the technical details, the
developers are invited to enter into a Section 38 Agreement. Please contact Highways Network
Management on 0115 876 5293 in the first instance. To note a combined Section 278/38
Agreement will be accepted which will reduce the complexity/cost of the Agreements.

Commuted sums
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. For this scheme this purports mainly to the use of modular
paving in the public realm. For further information regarding the collection of commuted sums the
applicant should contact Network Management on 0115 876 5293.

Adopted Highway Extents

The Highway Authority believe it is the intention of the developer for City Link to remain private. The
Highway Authority request that a highway adoption plan is submitted by the developer at their
earliest opportunity to confirm this intention and the road status proposals for the rest of the
development site.

4. Environmental Health

Commercial Noise
The environmental noise assessment must be suitable and sufficient and must be undertaken with
regard to BS 7445: 2003 Description and Measurement of Environmental Noise. The environmental
noise assessment must include details of the type and model of all mechanical services plant or
equipment (including any air handling plant) together with its location, acoustic specification;
mitigation measures and
relevant calculations to support conclusions.

The mechanical services plant or equipment (including any air handling plant), including any
mitigation measures, must be maintained, serviced and operated in accordance with
manufacturer's recommendations while the development continues to be occupied.

Control of Odour & Provision of Adequate Ventilation

The design of the approved scheme for the ventilation and means of discharging fumes shall have
regard to the Guidance on the Control of Odour & Noise from Commercial Kitchen Exhaust
Systems (EMAQ, 2018). The approved scheme shall be designed to provide for ventilation and
means of discharging and dispersing fumes, the prevention of odour nuisance and the minimisation
of the risk of ducting fires. The approved scheme must be maintained, serviced and operated in
accordance with manufacturer's recommendations and other authoritative guidance while the
development continues to be occupied.

DRAFT ONLY 9 Continued…

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Fire safety advice for restaurants, fast food outlets and take away shops may be obtained from
Nottinghamshire Fire & Rescue Service (email: [email protected] ). (NB
Cheshire Fire & Rescue Servicehave useful advice on their website See -
http://www.cheshirefire.gov.uk/business-safety/fire-safety-guidance/restaurantsfast-
food-outlets-and-take-away-shops ).

The approved scheme must be kept under review by the operator and alterations or improvements
may be required to prevent odour nuisance where any subsequent significant change to the
operation of the development is proposed which may affect the control of odour or risk of fire:
Significant changes to the operation of the development which may affect the control of odour
include:
i. The intensification of use of the kitchen,
ii. The nature of the food prepared, served or cooked on site
iii. The method of preparation and cooking of the food served or cooked on site
iv. The extension of operating times
It is the duty of the operator to design, install and maintain the ventilation system to prevent an
odour nuisance. Adequate measures must be taken to prevent nuisance due to odours passing
through windows, floors or walls etc. into adjoining properties.

Adequate Ventilation
The operator of any cooking appliance must ensure that there is effective and suitable ventilation in
order to enable the effective combustion of fuel and the removal of the products of combustion. The
specification of a ventilation system shall be determined on the basis of a risk assessment, taking
account of factors such as the cooking arrangements taking place and the need to replace
extracted air.
The ventilation system must be designed, installed and maintained in accordance with
manufacturer's instructions. Guidance on the design specifications of kitchen ventilation systems is
contained within "DW/172" produced by the Building and Engineering Services Association
(formerly the Heating and Ventilating Contractors Association). Supporting guidance has been
published by the Health and Safety Executive (HSE) within Catering Information Sheet 10
(CAIS10), available at http://www.hse.gov.uk/pubns/cais10.pdf . Gas appliances are subject to
specific legislation and standards. Newly installed gas appliances should be fitted with an interlock
to shut the gas supply off in the event of a failure to the ventilation system. Further guidance on gas
safety in catering is available within Catering Information Sheet 23 (CAIS23), available at
http://www.hse.gov.uk/pubns/cais23.pdf . The onus for ensuring that the system does not cause
odour nuisance or present a risk of fire rests with the operator. If the system is found to be causing
an odour nuisance or a risk of fire at any point, then suitable modification works will be required to
be carried out and an enforcement notice may be served.

Verification that the approved sound insulation scheme has been implemented shall include;
- The specification and acoustic data sheets for glazed areas of the development and any
complementary acoustic ventilation scheme
- example photographs of the products eg glazing and ventilation units in situ (prior to identifying
labels being removed)- photographs, drawings (and where applicable) product data sheets of any
other sound insulation measures eg floor joists, floating floors, independent acoustic ceilings or
walls etc

The approved sound insulation scheme must be maintained &, in the case of mechanical
ventilation, must be maintained, serviced and operated in accordance with manufacturer's
recommendations.

Contaminated Land, Ground Gas & Groundwater

The Remediation Strategy (including its component elements) must be undertaken and
implemented in accordance with the Environment Agency's Land Contamination Risk Management
guidance published at https://www.gov.uk/government/publications/land-contamination-

DRAFT ONLY 10 Continued…

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riskmanagement- lcrm, CIRIA C735 Good Practice on the Testing & Verification of Protection
Systems for Buildings Against Hazardous Ground Gases (2014) and other authoritative guidance.
The Remediation Strategy must also provide
details of:
- 'Cut and fill' operations on site
- How trees retained on site will be dealt with
- How gas precautions including any radon gas precautions will be verified
- How compliance with the requirements of the Nottingham City Council - Guidance on Cover
Layers & Verification Testing 2019 will be achieved
- Any asbestos surveys carried out, the method statement for removal of asbestos and subsequent
validation of air and soil following asbestos removal and demolition.

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,
groundwater and ground gas contamination of the site.
Any 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).

It is a requirement of current Building Regulations that basic radon protection measures are
installed in all new constructions, extensions conversions & refurbishments on sites which are
Radon Class 3 or 4 and full radon protection measure are installed on site which are Radon Class 5
or higher. Advice from the Council's Environmental Health Team regarding appropriate gas
protection measures must be sought where there are both radon issues and ground gas issues
present. 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.

5. The reason for this decision, and a summary of the policies the local planning authority has had
regard to are set out in the committee report, enclosed herewith and forming part of this decision.

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.

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 RIGHTS OF APPEAL
Application No: 21/01032/PFUL3 (PP-09539088 200001412700)

If the applicant is aggrieved by the decision of the City Council to impose conditions on the grant of
permission for the proposed development, then he or she can appeal to the Secretary of State under
section 78 of the Town and Country Planning Act 1990.

Any appeal must be submitted within six months of the date of this notice. You can obtain an appeal
form from the Customer Support Unit, The Planning Inspectorate, Room 3/15 Eagle Wing, Temple
Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Phone: 0117 372 6372. Appeal forms
can also be downloaded from the Planning Inspectorate website at http://www.planning-
inspectorate.gov.uk/pins/index.htm. Alternatively, the Planning Inspectorate have introduced an
online appeals service which you can use to make your appeal online. You can find the service
through the Appeals area of the Planning Portal - see www.planningportal.gov.uk/pcs.

The Inspectorate will publish details of your appeal on the internet (on the Appeals area of the
Planning Portal). This may include a copy of the original planning application form and relevant
supporting documents supplied to the local authority by you or your agent, together with the
completed appeal form and information you submit to the Planning Inspectorate. Please ensure that
you only provide information, including personal information belonging to you that you are happy will
be made available to others in this way. If you supply personal information belonging to a third party
please ensure you have their permission to do so. More detailed information about data protection
and privacy matters is available on the Planning Portal.

The Secretary of State can allow a longer period for giving notice of an appeal, but will not normally
be prepared to use this power unless there are special circumstances which excuse the delay.

The Secretary of State need not consider an appeal if the City Council could not for legal reasons
have granted permission or approved the proposals without the conditions it imposed.

In practice, the Secretary of State does not refuse to consider appeals solely because the City
Council based its decision on a direction given by him.

PURCHASE NOTICES

If either the City Council or the Secretary of State refuses permission to develop land or grants it
subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial
use in its existing state nor can he render the land capable of a reasonably beneficial use by the
carrying out of any development which has been or would be permitted. This procedure is set out in
Part VI of the Town and Country Planning Act 1990.

COMPENSATION

In certain limited circumstances, a claim may be made against the City Council for compensation
where permission is refused or granted subject to conditions by the Secretary of State. The
circumstances in which compensation is payable are set out in Section 114 of the Town & Country
Planning Act 1990.

STREET NAMING AND NUMBERING

Nottingham City Council has a statutory responsibility for agreeing and registering addresses. If the
development will create one or more new addresses or streets (for example a new build or
conversion) please contact [email protected] as soon as possible,

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quoting your planning application reference. Any addresses assigned outside of this process will
not be officially recognised and may result in difficulties with service delivery.

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