Agenda and minutes

Apologies for absence were received from Councillors Allan, Barnes, Bexon, Miller and Walker. Councillors Bisset, Creamer and Weisz attended as substitutes.

RESOLVED:

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

Councillor Lawrence declared a non-pecuniary interest in item 6 on the agenda as a member of Colwick Parish Council.

The change of use of agricultural land to a mixed traditional, natural and woodland burial ground, erection of facilities building and associated car parking, landscaping and new access arrangements onto Georges Lane.

Linda Reynolds, a local resident, spoke in objection to the application.

The Service Manager – Development Services introduced the report.

RESOLVED to Grant planning permission subject to conditions:

Conditions

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

 2         This permission shall be read in accordance with the following plans and details submitted to the Local Planning Authority: Site location plan received on 23rd August 2018, Drawing no. PRI 20524 10 J received on 23rd August 2018 and Drawing no. PL-01 Rev B received on 2nd March 2018. The development shall thereafter be undertaken in accordance with these plans.

 3         No part of the development hereby permitted shall be brought into use until the existing site access onto Georges Lane has been permanently closed and reinstated to verge, in accordance with details first submitted to and approved in writing by the Borough Council.

 4         No part of the development hereby permitted shall be brought into use until the new access to Georges Lane and car parking area, as shown indicatively on drawing PRI 20524 10 J, has been provided and made available for use, in accordance with technical details that have been first submitted to and approved in writing by the Local Planning Authority.

 5         No part of the development hereby permitted shall be brought into use until the footway improvements along Georges Lane, as shown indicatively on drawing PRI 20524 10 J, has been provided and made available for use, in accordance with technical details that have been first submitted to and approved in writing by the Local Planning Authority.

 6         No part of the development hereby permitted shall take place until visibility splays of 2.4m x 120m have been provided at the site access.

 7         All burials shall be:

o          a minimum of 250 m from a potable groundwater supply source;

o          a minimum of 30 m from a water course or spring;

o          a minimum of 10 m distance from field drains;

o          no burial into standing water and the base of the grave must be above the local water table

 8         Prior to the development hereby approved being first brought into use, there shall be submitted to and approved by the Local Planning Authority a landscape plan of the site showing the position, type and planting size of all trees, hedges, shrubs or seeded areas proposed to be planted together with a management plan for the long term retention of the landscaping. The approved landscape plan shall be carried out in the first planting season following the development first being brought into use and shall be managed in perpetuity is accordance with the approved management plan.

 9         Prior to the erection of any external lighting there shall be submitted to and approved in writing by  ...  view the full minutes text for item 88.

Application for the approval of the reserved matters of access, layout, scale, appearance and landscaping following outline approval 2015/0424 - residential development of 14 units with associated parking and garages.

Sally-Anne Johnson, a local resident, spoke in objection to the application.

The Service Manager – Development Services introduced the report.

RESOLVED to Grant approval of reserved matters subject to the following conditions:

Conditions

 1         This permission shall be read in accordance with the following plans: BRL-PL201 received on 19th June 2018, 13, 14A, 15, 16, 17, 18, 19A, 20, 21, 22, 31, 32, 33, 36, 37, 39, 023C, 024A, 025A, 026A, 027A, 028A, 029A and 038 received on 4th September 2018 and the S278 works drawing received on 22nd October 2018. The development shall thereafter be undertaken in accordance with these plans.

 2         The development shall be undertaken in accordance with the recommendations of the Arboricultural Survey dated July 2015.

 3         No part of the development hereby permitted shall be brought into use until the verge frontage of the development has been hard surfaced as footway, together with the kerbs dropped for the 3no accesses as shown for indicative purposes only on the approved S278 works drawing and constructed under s278 agreement in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

 4         No part of the development hereby permitted shall be brought into use until the visibility splays are provided in accordance with the approved S278 works drawing. The area within the visibility splays referred to in this condition shall thereafter be kept free of all obstructions.

 5         No part of the development hereby permitted shall be brought into use until all drives and parking areas are surfaced in a bound material (not loose gravel). The surfaced drives and parking areas shall then be maintained in such bound material for the life of the development.

 6         No part of the development hereby permitted shall be brought into use until the access driveways and parking areas are constructed with provision to prevent the unregulated discharge of surface water from the driveways and parking areas to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 7         The approved landscape plan shown on drawing BRL-PL201 shall be carried out in the first planting season following the first occupation of the development.  If within a period of five years beginning with the date of the planting of any tree, hedge, shrub or seeded area, that tree, shrub, hedge or seeded area, or any tree, hedge, shrub or seeded area that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree, shrub or seeded area of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Local Planning  ...  view the full minutes text for item 89.

Section 73 application to amend Condition 12 (approved plans) on 2008/0287 (demolish offices, car parking & storage areas & erection of 44 dwellings with associated roads & sewers) and amend previously agreed Section 106 planning obligation to omit the integrated transport and public open space contributions, and reduce the education contribution from £120,820 to £75,000 on viability grounds.

The Service Manager – Development Services advised Members that further to the publication of the report, significant consideration had been given to recommendation one in view of the fact that the applicant for planning permission was strongly opposed to entering into a planning obligation above the value of £75,000. Whilst recommendation one was technically correct, should planning committee resolve to approve the application, it would result in an undeterminable application. The Service Manager advised that a more pragmatic approach would be to refuse both parts of the application as this would engage a right of appeal for the applicant. 

The Service Manager – Development Services recommended that recommendation one was amended to refuse permission for the section 73 application and that permission is refused for recommendation two as per the recommendation in the report.  

RESOLVED:

1)    Refusal in respect of the section 73 application for the following reason:

The proposed delivery of this development without the full payment of the education contribution would result in a significant shortage in the number school places required to meet with the needs arising from the development. The proposal therefore represents unsustainable development, contrary to the objectives of national and local planning policies, in particular Section 2 (Achieving sustainable development) and Paragraph 94 of the National Planning Policy Framework and Policy 19 of the Aligned Core Strategy.  

2)    Refusal in respect of modification of the planning obligations for the following reason:

The proposed delivery of this development without the full payment of the education contribution would result in a significant shortage in the number school places required to meet with the needs arising from the development. The proposal therefore represents unsustainable development, contrary to the objectives of national and local planning policies, in particular Section 2 (Achieving sustainable development) and Paragraph 94 of the National Planning Policy Framework and Policy 19 of the Aligned Core Strategy.  

Conversion of former police station into 42 apartments including external alterations, erection of a three storey block of 24 apartments, erection of a three storey office block (B1 use) and reconfigured car parking.

The Service Manager – Development Services introduced the report and recommended that planning permission was granted in accordance with the report, with an amendment to the recommendation to specify that the review of the planning obligations relates specifically to affordable housing, public open space and health.

RESOLVED to Grant Planning Permission: Subject to the applicant entering into a Section 106 Agreement with the Borough Council as Local Planning Authority to allow a review of the affordable housing, public open space and health planning obligations required at an appropriate time and to secure a local labour agreement and the following conditions:

Conditions

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

 2         This permission shall be read in accordance with the following plans: TMA 18-07-01, TMA 18-07 09,TMA 18-07 11, TMA 18-07 12, TMA 18-07 13 and TMA 18-07 14 received on 4th June 2018, TMA 18-07 15A  received on 20th August 2018 and TMA 18-07 06A, TMA 18-07 07A, TMA 18-07 08A and TMA 18-07 16 received on 19th November 2018. The development shall thereafter be undertaken in accordance with these plans.

 3         Prior to the first occupation of the buildings hereby approved there shall be submitted to and approved by the Local Planning Authority a landscape plan of the site showing the position, type and planting size of all trees, hedges, shrubs or seeded areas proposed to be planted.  The approved landscape plan shall be carried out in the first planting season following the first occupation of the development.  If within a period of five years beginning with the date of the planting of any tree, hedge, shrub or seeded area, that tree, shrub, hedge or seeded area, or any tree, hedge, shrub or seeded area that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree, shrub or seeded area of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Local Planning Authority.

 4         The new windows and doors and to be inserted into the elevations of the existing building (former Police Station) shall be of the same appearance, colour and materials as the existing doors and windows in the building.

 5         Prior to the demolition of the enclosed yard to the rear of the existing building (former Police Station), or any other timescale agreed in writing with the Local Planning Authority, details of the proposed finish of the exposed walls shall be submitted to and approved by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details and retained as such in perpetuity.

 6  ...  view the full minutes text for item 91.

Erection of a single storey rear extension garden room and retrospective permission for the erection of additional fence panels to front.

Dr Lidder, a local resident, spoke in objection to the application.

The applicant spoke in support of the application.

The Service Manager – Development Services introduced the report.

RESOLVED to Grant Planning Permission subject to the following conditions: -

Conditions

 1         This permission shall be read in accordance with the details within the application form, the Site Location Plan and the following drawing, NSB/50/02/A "Ground Floor and Roof", submitted on the 27th August 2018, the supporting "Plans and Drawings for Proposed Fence" submitted on the 5th September 2018, and the amended drawing NSB/50/05 "Construction Section A - A" submitted on the 15th October 2018. The development shall thereafter be undertaken in accordance with these plans/details.

 2         In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site. An assessment must be undertaken in accordance with the requirements of the Local Planning Authority, and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

 3         No building/extension hereby approved by this permission shall be occupied or first brought into use until the agreed gas protection measures have been completed and certified in accordance with the details shown on the amended drawing NSB/50/05 "Construction Section A - A" submitted on the 15th October 2018.

Reasons

 1         For the avoidance of doubt and to define the terms of this permission.

 2         To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 178 of the National Planning Policy Framework and policy LPD7 of the Councils Local Plan.

 3         To ensure that this development does not prejudice the groundworks carried out under the provisions of planning application ref: 95/1495.

Reasons for Decision

In the opinion of the Borough Council the proposed development is visually acceptable, results in no significant impact on the amenity of neighbouring residential properties and would not have any adverse impacts on Highways Safety. The development therefore accords with the aims set out in the National Planning Policy Framework, Policy 10 of the Aligned Core Strategy and Policies 32, 34 and 43 of the Local Planning Document.

Notes to Applicant

Particular care should be taken to avoid damaging, penetrating or puncturing the gas resistant membrane. Before laying the membrane, all projections on the top of the slab which may puncture or damage the membrane must be removed. The membrane should be protected during installation, such as through the use of temporary boarding. This should protect the membrane from accidental damage from site activities. Heavy trafficking over the membrane should be  ...  view the full minutes text for item 92.

Single storey rear extension to utility room and rear porch.

RESOLVED to Grant Planning Permission subject to conditions:-

Conditions

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

2.         This permission shall be read in accordance with the application form, site location and block plan received 27th September 2018 and the Proposed Elevations and Floor Plans received 13th November 2018 .  The development shall thereafter be undertaken in accordance with these details.

Reasons

1.         In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

2.         For the avoidance of doubt.

Reasons for Decision

In the opinion of the Borough Council the proposed development is visually acceptable, results in no significant impact on the amenity of neighbouring residential properties and would not have any adverse impacts on Highways Safety. The development therefore accords with the aims set out in the National Planning Policy Framework, Policy 10 of the Aligned Core Strategy, Policies 32 and 43 of the Local Planning Document and Policies BE2 and BE4 of the Calverton Neighbourhood Plan.

Notes to Applicant

The applicant is advised that all planning permissions granted on or after 16th October 2015 may be subject to the Community Infrastructure Levy (CIL). Full details of CIL are available on the Council's website at www.gedling.gov.uk.  The proposed development has been assessed and it is the Council's view that CIL is not payable on the development hereby approved as the gross internal area of new build is less 100 square metres

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2018).  During the processing of the application there were no problems for which the Local Planning Authority had to seek a solution in relation to this application.

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0845 762   6848. Further information is also available on The Coal Authority website at www.coal.decc.gov.uk.Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

None.