Agenda and minutes

Apologies for absence were received from Councillors Adams, Keneally and Miller.  Councillors Creamer, McCrossen and Smith attended as substitutes.

RESOLVED:

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

The Chair declared a collective non-pecuniary interest in item 5 on the agenda as Gedling Borough Council was the leaseholder of part of the land and in item 9 as the applicant and land owner.

Councillor Creamer declared a prejudicial interest in items 4 and 5 on the agenda as he had been actively involved with residents in opposing both of the developments and he stated that he would leave the meeting for those applications.

Councillor Creamer left the meeting.

Reserved matters application for the erection of 354no. dwellings (C3), including 18 affordable units, and the associated infrastructure including landscaping and public open space pursuant to outline planning permission 2017/0999.

Chris Gowlett, Land & Planning Manager, Persimmon Homes (The Applicant) spoke in support of the application.

The Assistant Director of Planning and Regeneration informed members that the application sought approval of reserved matters for 353 dwellings and not 354, as an amended plan was received following the registration of the application which resulted in the omission of a two bedroom apartment. The description of the proposal had therefore been updated, as was the schedule of accommodation provided at paragraph 3.2 of the report and the overall figures provided at paragraph 7.3. The plans listed in proposed condition 1 were correct.

He added that further to the publication of the report, 2 representations had been received from members of the public which raised the following summarised issues:

• The ecology assessments submitted with the application for outline planning permission were out of date as habitats in the area had changed since the survey work had been undertaken. 
• The ecological works plan and ecology management plan had not been approved and there was no ecology committee, as required by the s.106 agreement.
• No action had been taken by the Borough Council to enforce the non-compliance of the agreement.
• Since an initial meeting of the Ecology Committee, organised by Gedling Borough Council in July 2019, there had been no follow up or attempt to form the Committee.
• The development would have a significant impact upon the adjacent Netherfield Lagoons Local Nature Reserve.
• Given the current breaches of the s.106 Agreement, the current application should be rejected or suspended, pending compliance with the s.106 agreement. 

In response to those comments, he provided the following update:

The extant outline planning permission and the s.106 agreement cannot be revisited, unless revised proposals are advanced by the developer. While there may have been ecological changes on parts of the site – the developer is still required to meet their obligations under the Wildlife and Countryside Act.

Officers had been working actively with Persimmon Homes to set up an Ecology Committee to provide a forum for the local community to discuss the management of the Ecology Park. The responsibility for establishing the Ecology Committee rests with Persimmon Homes but officers had ensured consultation took place with members of the group, which included the Gedling Conservation Trust. 

The first informal face to face meeting of the Ecology Committee was held in July 2019 and officers played an active role in helping draft the terms and conditions of the group, which were now being finalised.

Officers expected the next meeting of the Ecology Committee to take place next month and were committed to working with all members of the group and the local community to further progress plans for the Ecology Park and Ecology Management Plan. Enforcement of the agreement would not, therefore be expedient at this time.

While there is a  ...  view the full minutes text for item 4.

Modification of Section 106 Agreement in relation to planning permission 2017/0999 in relation to the wording of the affordable housing clauses 

The Assistant Director of Planning and Regeneration introduced the report.

RESOLVED:

That the Assistant Director of Planning and Regeneration be authorised to instruct the Service Manager of Legal Services to undertake the necessary work to prepare and finalise a Deed of Variation amending the Section 106 Agreement associated to planning applications 2013/0546 and 2017/099 as outlined in this report.

Councillor Creamer joined the meeting.

Section 73 application to remove Condition 2 of planning permission 2015/1376 to remove the construction cap of 315 dwellings and to allow building within Phase 1B prior to the completion of the Gedling Access Road.

The Assistant Director of Planning and Regeneration introduced the report.

RESOLVED:

To grant removal of planning condition 2 of planning permission 2015/1376 subject to the applicant entering into a deed of variation with the Borough Council as Local Planning Authority and with the County Council as Highway and Education Authority amending the Section 106 Agreement associated with 2015/1376 for the provision of, or financial contributions towards Affordable Housing, Open Space, Healthcare Facilities, Highways, Education, Air Quality, a Local Labour Agreement and a contribution towards Arnold Library.

Conditions

1            Development within Phase 1B hereby permitted shall be begun no later than 6 years from the grant of planning 2015/1376 or within six months of the completion of the Gedling Access Road, whichever is the later.

2          Development of Phase 1a and 1b shall be carried out in accordance with the

following drawing numbers and documents and such other plans, and

documents as may be approved pursuant to the conditions of this planning

permission unless otherwise agreed in writing by the local planning authority:

Location Plan (14052_P100 - Rev A); SITE MASTER PLAN (14052_P101 -

Rev J); DETAILED SITE PLAN 1-3 (14052_P102 - Rev J); DETAILED SITE

PLAN 2-3 (14052_P103 - Rev G); DETAILED SITE PLAN 3-3 (14052_P104 -

Rev G); SITE SECTIONS A B & C (14052_P105 - Rev A); STREET SCENES

1 2 3 & 4 (14052_P106 - Rev A); SITE BOUNDARY TREAMENT/PLAN

(14052_P107 - Rev A); STOREY HEIGHTS PLAN (14052_P108 - Rev A);

LANDSCAPE STRATEGY PLAN (14052_P109 - Rev B); HOUSE TYPE 580-

651 (14052_P200 - Rev A); HOUSE TYPE 651-752 (14052_P201 - Rev A);

HOUSE TYPE 764-891 (14052_P202 - Rev A); HOUSE TYPE 849-857

(14052_P203 - Rev A); HOUSE TYPE 867-930 (14052_P204 - Rev A);

HOUSE TYPE 955-1054-1272 (14052_P205 - Rev A); HOUSE TYPE 1154-

1157 (14052-P206 - Rev A); HOUSE TYPE 1178-1216 (14052_P207 - Rev A);

HOUSE TYPE 1224-1244 (14052_P208 - Rev A); HOUSE TYPE 1393-1650

(14052_P209 - Rev A); GARAGE TYPE G1 G2 & G3 (14052_P210 - Rev A);

APARTMENT BLOCK 1 (14052_P211 - Rev A); APARTMENT BLOCK 2

(14052_P212 Rev A); APARTMENT BLOCK 3 (14052_P213 - Rev A);

APARTMENT BLOCK 4 (14052_P214 - Rev A); APARTMENT BLOCK 5

(14052_P215 - Rev A); APARTMENT BLOCK 6 (14052_P216 - Rev A);

PHASING PLAN (14052_P2 - Rev A); Soft Landscaping (L6011/01 - Rev A);

Soft Landscaping (L6011/02 - Rev A); Soft Landscaping (L6011/03 - Rev A);

Soft Landscaping (L6011/04 - Rev A); Soft Landscaping (L6011/05 - Rev A);

Soft Landscaping (L6011/06 - Rev A); Soft Landscaping (L6011/07 - Rev A);

Soft Landscaping (L6011/08 - Rev A); Soft Landscaping (L6011/09 - Rev A);

Soft Landscaping (L6011/10 - Rev B); Soft Landscaping (L6011/11 - Rev A);

Soft Landscaping (L6011/12 - Rev B); Soft Landscaping (L6011/13 - Rev A);

Soft Landscaping (L6011/14 - Rev A); Soft Landscaping (L6011/15 -  ...  view the full minutes text for item 6.

Demolition of existing building and construction of new replacement dwelling

The Assistant Director of Planning and Regeneration 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;-Application forms, received 10th March 2020Drawing no. 351 Ex01 showing site location plan and existing bungalow, received 10th March 2020Drawing no. 351 P05B showing proposed new dwelling, received 10th March 2020

 3         The development hereby permitted shall be constructed in accordance with the materials identified on the approved drawings and application form.

 4         From the date of first occupation the property built on the site shall be provided with access to an electric vehicle (EV) charge point. The charge point must have a minimum power rating output of 7kW on a dedicated circuit, capable of providing a safe overnight charge to an electric vehicle.

Reasons

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

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

 3         To ensure the character of the area is respected and to comply with policy ASC10.

 4         To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality with in the Borough, and takes into consideration the National Planning Policy Framework and policy LPD11 of the Councils Local Plan.

Reasons for Decision

The proposed development is consistent with Gedling Borough planning policies. The design of the proposal is considered to be acceptable and does not have an unacceptable impact on the visual amenity of the area. The proposal will not have an unacceptable impact on the residential amenity of occupiers of neighbouring properties in terms of overlooking or massing / overshadowing. Parking and access at the site are unaffected by the proposal. It is considered that the proposal is appropriate for its context and is in accordance with the NPPF (Parts 2, 5, 11 and 12), Policies A, 1, 8 and 10 of the ACS and Policies LPD 11, 32, 40, 57,61 and Appendix D of the LPD.

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. The proposed development has been assessed and it is the Council's view that CIL IS PAYABLE on the development hereby approved as is detailed below.  Full details about the CIL Charge including, amount and process for payment will be set out in the Regulation 65 Liability Notice which will be sent to you as soon as possible after this decision notice has been issued.  If the development hereby approved is for a self-build dwelling, residential extension or residential annex you may be able to apply for relief from CIL.  Further details about CIL are available on  ...  view the full minutes text for item 7.

Convert integral garage into open plan lounge/kitchen/dining room.

RESOLVED:

To Grant Planning Permission subject to conditions:

Conditions

1.    The development shall be begun before the expiration of three years from the date of this permission.

2.    The development shall be undertaken in accordance with the application form received on 6th February 2020 and the following plans titled: Proposed Front Elevation & Proposed Layout received on 26th February 2020.

3.    The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building in terms of type, colour and texture, size, profile and bonding pattern.

Construction of additional 4 no light industrial general industrial (B1/B2) units to the existing units.

The Assistant Director of Planning and Regeneration introduced the report.

RESOLVED:

To Grant Full Planning Permission: Subject to the following conditions:

Conditions

 1         The development herby permitted shall commence before the expiration of 3 years from the date of this permission.

 2         This permission shall be read in accordance with the application form and following list of approved drawings:

4376 A100 P5 - Proposed site plan 4376 A101 P2 - site block plan

4376 A200 P3 - Proposed GA plan - All units

4376 A201 P3 - Proposed GA plan - units 9 and 10

4376 A202 P3 - Proposed GA plan - units 11 and 12

4376 A205 P4 - Proposed roof plan - All units

4376 A300 P3 - Elevations - all units

4376 A301 P3 - Elevations - proposed units 9 & 10

4376 A302 P3 - Elevations - proposed units 11 & 12

3468-E-6000 - proposed external lighting layout

The development shall thereafter be undertaken in accordance with these plans/details.

3          Prior to commencement of the development a Construction Emission Management Plan (CEMP) for minimising the emission of dust and other emissions to air during the site preparation and construction shall be submitted to and approved in writing by the Local Planning Authority.  All works on site shall be undertaken in accordance with the approved CEMP.

4          Prior to the commencement of development an assessment of the nature and extent of any potential contamination shall be submitted to and approved in writing by the Local Planning Authority (site characterisation).  This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site.  Moreover, it must include; a survey of the extent, scale and nature of contamination and; an assessment of the potential risks to: human health, property, adjoining land, controlled waters, ecological systems, archaeological sites and ancient monuments.  Where required, a detailed remediation scheme (to bring the site to a condition suitable for the intended use by removing unacceptable risks to critical receptors) should be submitted to and approved in writing by the Local Planning Authority.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures.

 5         In the event that remediation is required to render the development suitable for use, the agreed remediation scheme shall be implemented in accordance with the approved timetable of works.  Prior to occupation of any building(s) a Verification Report (that demonstrates the effectiveness of the remediation carried out) must be submitted and approved in writing by the Local Planning Authority.

 6         In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority  ...  view the full minutes text for item 9.

Full planning application for the conversion of a disused/unoccupied residential care home (C2) into 23 apartments (C3) comprising of 16 x 1 beds and 7 x 2 beds.

RESOLVED:

That the Borough Council GRANTS PLANNING PERMISSION, subject to the owner entering into planning obligations with the Borough Council as local planning authority to a review of viability of the development at Millbeck House and to secure a local labour agreement and with the County Council as local highway authority for the provision of, or financial contributions towards bus stop infrastructure at Cedar Grove and subject to the following conditions:

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 completed in accordance with the submitted documents received on the 7th January 2020- the Application Form; and Design and Access Statement and the following plans received on the 7th January 2020:Existing Ground Floor Plan drg. no. MH-HD-1001-P00-PLExisting First Floor Plan drg. no. MH-HD-1002-P00-PLExisting Roof Plan drg. no. MH-HD-1003-P00-PLExisting Elevations drg. no. MH-HD-1004-P00-PLProposed Ground Floor Plan drg. no. MH-HD-2001-P00-PLProposed First Floor Plan drg. no. MH-HD-2002-P00-PLProposed Roof Plan drg. no. MH-HD-2003-P00-PLProposed Elevations drg. no. MH-HD-2004-P00-PL.

The development hereby permitted shall thereafter be undertaken in accordance with the submitted plans and details.

 3         The materials used in any exterior work shall be as identified on the approved drg no. MH-HD-2004-P00-PL and Section 7 of the application form submitted on the 7th January 2020.

 4         No part of the development hereby permitted shall be brought into use until the parking, turning and servicing areas are surfaced in a bound material with the parking bays clearly delineated in accordance with the plan figure 15. Proposed ground floor plan (Within Design and Access Statement). The parking, turning and servicing areas shall be maintained in the bound material for the life of the development and shall not be used for any purpose other than the parking, turning and loading and unloading of vehicles.

 5         Prior to the first occupation of the development hereby approved details of the soft and hard landscape works shall be submitted to and approved in writing by the Local Planning Authority. The detailed landscape plans and particulars shall include details of size, species, positions and densities of all trees, hedges and shrubs to be planted together with a programme of implementation. The development shall be implemented in accordance with the approved details.

 6         If within a period of five years beginning with the date of the planting of any tree or shrub, approved in relation to conditon 5 of this permission, that tree or shrub, or any tree or shrub 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 or shrub of the same species and size as that originally  ...  view the full minutes text for item 10.

Construction of detached bungalow.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

None.