Agenda and minutes

Apologies for absence were received from Councillors Adams and Miller, who were substituted by Councillors Hewson and Creamer.

RESOLVED:

That the minutes of the above meeting, having been circulated, be approved as a correct record.

Councillor Barnfather declared a non-pecuniary interest in Enforcement Reference 0018/2017 due to a working relationship with the site owner and that he would leave the meeting during consideration of the item.

Erection of 72 dwellings and new vehicular access from Mansfield Road.

The Service Manager, Development Services, introduced the application covering density, car parking and a number of special requirements due to the previous usage of the site and the impact on the ability of the developer to provide affordable housing on site.

RESOLVED that the Borough Council GRANTS FULL PLANNING PERMISSION, subject to the applicant entering into a Section 106 Agreement with the Borough Council as local planning authority and with the County Council as education authority for the provision of / or financial contributions towards; On Site Affordable Housing; Open Space; Healthcare; Education; Management Company for areas of open space / private drives / parking courts not within residential curtilages and not adopted by the Highway Authority; a Local Labour Agreement; and subject to the conditions: 

Conditions

 1         The development must be begun not later than three years beginning with the date of this permission.

 2         The development hereby approved shall be completed strictly in accordance with the approved plans, application forms, plans and drawing no's: Planning Statement (July 2016); Noise Assessment Report 15/0715/R1; Site Location Plan (3029 01); Design and Access Statement (12/07/2016 ref 3029); Proposed Site Plan (3029-04 Rev U); Bin Collection Plan (3029-16); Road Adoption Plan (3029-17); The Ashby Floor Plans and Elevations (3029-06 Rev B); The Ashby and Ashby Variant Floor Plans and Elevations (3029-13 Rev A); RH2 Floor Plans and Elevations (3029-11 Rev B); RH2 Variant - Floor Plans and Elevations (3029-15); RH2 Floor Plans and Elevations (3029-11 Rev B); RH2 Variant 1 - Floor Plans and Elevations (3029-12 Rev A); The Hardwick Floor Plans and Elevations (3029-08); The Alnwick (Terraced) Floor Plans and Elevations (3029-14); The Alnwick Floor Plans and Elevations (3029-09 Rev B); RH2 Floor Plans and Elevations (3029-12); The Ashby Variant and Bradgate Floor Plans and Elevations (3029-13); Ashby and Bradgate Floor Plans and Elevations (3029-07 Rev A); The Alnwick Floor Plans and Elevations (3029-09 Rev A); Arboricultural Report - July 2016 - (T_EDP2897_01b); Topographical Study (574); Ecological Appraisal June 2016 (EDP2897_02a); Flood Risk and Drainage Strategy (Project No: 15075 - 6th July 2016); Ground Conditions Report (SLR Ref: 415.05614.00001); and the Transport Statement (ADC1321 A).

 3         Occupation of the proposed dwellings shall not take place until their respective off-street parking areas as shown on drawing number 3029-04 Revision U have been provided.

 4         Occupation of the proposed dwellings shall not take place until the private drive areas have been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary, and which shall be drained to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the life of the development.

 5         Prior to the occupation of any dwellings hereby approved the junction to the A60 (the site access) shall be provided strictly in accordance with the  ...  view the full minutes text for item 49.

Residential development of 13 houses.

The Service Manager, Development Services, introduced the application outlining two additional representations received since the publication of the report. The additional representations raised concerns in relation to the removal of a tree causing increased overlooking onto neighbouring properties and the status of properties opposite the site as Grade 2 listed.

Ms. Jill Harper, a neighbouring resident, spoke in objection to the application.

Councillor Lawrence, seconded by Councillor Wilkinson, proposed an amendment to impose an additional condition to require a construction traffic management plan in the interest of road safety, the wording of which to be delegated to the Service Manager, Development Services and it was

RESOLVED to GRANT FULL PLANNING PERMISSION subject to the applicant entering into a Section 106 planning obligation with the Borough Council as Local Planning Authority and Nottinghamshire County Council for the provision of / or financial contributions towards: Public Open Space; Education; Management Company for Maintenance of access road and areas of open space not within residential curtilages; A Local Labour Agreement and subject to the following conditions and an additional condition requiring the provision of a construction traffic management plan, the wording of which to be delegated to the Service Manager, Development Services:

Conditions

 1         The development must be begun not later than three years beginning with the date of this permission.

 2         The development hereby permitted shall be constructed strictly in accordance with the Application Forms and the following approved and revised plans submitted with the application, drawing numbers: Existing Site Plan (P002 P); Proposed Site Elevations (P004); Plot 1 Floor Plans (P100); Plot 1 Elevations (P101); Plot 2 Floor Plans (P102); Plot 2 Elevations (P103); Plot 3 Floor Plans (P104 Rev A); Plot 3 Elevations (P105); Plot 4 Floor Plans (P106); Plot 4 Elevations (P107); Plot 5 Floor Plans (P108); Plot 5 Elevations (P109); Plot 6 Floor Plans (P110); Plot 6 Elevations (P111); Plot 7 Floor Plans(P112); Plot 7 Elevations (P113); Plot 8 Floor Plans (P114); Plot 8 Elevations (P115); Plot 9 Floor Plans (P116); Plot 9 Elevations (P117); Plot 10 Floor Plans (P118); Plot 10 Elevations (P119); Plot 11 Floor Plans (P120); Plot 10 Elevations (P121); Plot 12 Floor Plans (P122); Plot 12 Elevations (P123); Plot 13 Floor Plans (P124); Plot 13 Elevations (P125); Detached Garage (P126); Proposed Private Levels Sheet 1 (16041-210); Proposed Private Levels Sheet 2 (16041-211); Private Drainage Layout Sheet 1 (16041-240); Private Drainage Layout Sheet 2 (16041-241); Exploratory Hole Location Plan (36011/DRAFT); Swept Paths - Refuse Vehicle (16041-03B); Geodyne Contamination Survey (38011/DRAFT & TP1 & WS13); Drainage and Water Report (SF23263878000); Roads, Footpaths and Verges Plan (78724673_1_1); Topographical Survey (0001); Emec Ecology Biodiversity Study (8518/SG/16); Design and Access Statement (March 2017); Proposed Site Layout (P003 Status P); Location Plan (P001); Tree Survey (October 2016); Proposed Private Road Long Sections.

 3         No part of the development hereby permitted shall be brought into use until the access has been constructed as per plan reference 10641-01 Rev H. These access works are proposed on land which falls  ...  view the full minutes text for item 50.

Removal of hedgerow approx. 150 metres in length.

The Service Manager, Development Services, introduced the application informing Members that a number of further comments had been received following the publication of the report. The Service Manager informed Members that additional comments received related to hedgerow wildlife and tenancy arrangements on the land.

Ms. Leigh Barton, tenant of the land subject to the application, spoke in objection.

RESOLVED:

Grant consent for the Removal of Hedgerow.

Reasons for Decision

In the opinion of the Borough Council the proposed development does not qualify as an important hedgerow as outlined in the Hedgerow Regulations 1997. As such the proposed removal of the hedgerow is considered acceptable and a Hedgerow Retention Notice shall not be issued.

Notes to Applicant

When considering carrying out any work to trees it is important to consider the provisions made in the Wildlife and Countryside Act 1981, Conservation (natural habitats) Regulations 1994 and the Countryside Rights of Way Act 2000, which mean it is an offence to intentionally or recklessly kill, injure or take a bat, Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a bat, Intentionally or recklessly disturb a bat while it is occupying a structure or place that it uses for shelter or protection, damage, destroy or block access to the resting place of any bat, Intentionally or recklessly kill, injure or take a wild bird, Intentionally or recklessly take, damage or destroy the nest of any wild bird when it is in use or being built, Intentionally or recklessly take, damage or destroy the egg of any wild bird. These points outline the main parts of the above legislation. If you are unsure about these issues, it would be advisable to contact an ecological consultant before undertaking any tree work operations.

Your attention is drawn to the attached comments from the Nottinghamshire County Council’s Senior Practitioner for Nature Conservation with regards to the proposed replacement hedgerow and tree planting.

Material Change of Use.

RESOLVED:

That the Service Manager, Development Services in conjunction with the Director of Organisational Development & Democratic Services be authorised to take all enforcement action including the service of any necessary enforcement notices and proceedings through the courts to ensure the cessation of the caravan storage.

Unauthorised development, engineering works and tipping.

RESOLVED:

That the Service Manager, Development Services in conjunction with the Director of Organisational Development & Democratic Services be authorised to take all enforcement action required including the service of a Stop Notice and any other enforcement notices and proceedings through the courts, including an application for an injunction if necessary to ensure the unauthorised development and engineering works cease and the unauthorised works are removed and the land is returned to its former condition.

Councillor Barnfather left the meeting.

Breach of Planning Conditions of Permission 2012/0686.

RESOLVED:

That the Service Manager, Development Services in conjunction with the Director of Organisational Development & Democratic Services be authorised to take all enforcement action including the service of any necessary enforcement notices and proceedings through the courts to ensure the outstanding conditions are complied with.

Councillor Barnfather entered the meeting.

Unauthorised development.

RESOLVED:

That the Service Manager, Development Services in conjunction with the Director of Organisational Development & Democratic Services be authorised to take all enforcement action necessary including the service of any enforcement notices and proceedings through the courts to ensure the unauthorised garage is demolished and the garden area re-instated. 

Alterations to first floor window.

The Service Manager, Development Services, informed Members that work to fit restrictors to the window was now complete.

RESOLVED:

No enforcement action is taken in respect of the breach of planning control, subject to the installation, within the next 56 days, of a permanent restrictor mechanism to prevent the existing top hung window from opening more than 200mm.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

None.