Agenda and draft minutes

Planning Committee - Wednesday 28 July 2021 6.00 pm

Venue: Council Chamber. View directions

Contact: Cayte Goodall  Democratic Services Officer

Media

Items
No. Item

18.

Apologies for Absence and Substitutions.

Minutes:

None.

19.

To approve, as a correct record, the minutes of the meeting held on 23 June 2021 pdf icon PDF 185 KB

Minutes:

RESOLVED:

 

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

20.

Declaration of Interests

Minutes:

The Chair declared a collective non-pecuniary interest in item 7 on the agenda, as the site was in the ownership of Gedling Borough Council.

 

21.

Application No. 2021/0409 - Redhill Pavilion, Thornton Avenue, Redhill, Nottinghamshire pdf icon PDF 367 KB

Minutes:

 

Conversion and alteration of pavilion building for use as a childrens' day nursery, including access improvements, 10 car parking spaces and formation of a pedestrian path.

 

A written representation from Philippa Fisher, a local resident who was in objection to the application, was read by Cayte Goodall, Democratic Services Officer.

 

The Head of Development and Place introduced the report.  He advised Members that further to the publication of the report, a provisional Tree Preservation Order had been made for a group of trees to the front of the site, in consultation with the Chair of Planning Committee.

 

RESOLVED:

 

That the Borough Council refuses planning permission on the following grounds:-

Reasons

 

 1         The proposed development would include the change of use of agricultural land and engineering works to create a pedestrian footpath in association with the proposed nursery along with the erection of a palisade fence with gates around the proposed planning unit. These forms of development are, by definition, inappropriate development within the Green Belt and therefore would be harmful to the openness of the Nottingham-Derby Green Belt. There are no very special circumstances or other material considerations that would outweigh this harm and therefore the proposal would be contrary to the aims of Section 13 of the National Planning Policy Framework (2019) and policy LPD12 of the LPD (2019).

 

 2         The proposed development by virtue of the creation of a pedestrian footpath in association with the proposed nursery along with the erection of a palisade fence with gates around the proposed planning unit and the loss of the mature tree to the front of the building would result in an undue impact on the rural character of the site and immediately surrounding landscape area. The proposal would therefore be contrary to Section 12 of the NPPF (2019), Policy 10 of the ACS (2014) and Policy LPD 19 of the LPD (2018).

 

Notes to Applicant

 

The application is clearly contrary to the Development Plan and other material planning considerations, as detailed in the above reason for refusal. It is not considered that any suitable alterations could be made to the scheme to address the Borough Council's Green Belt concern

 

You are advised that as of 16th October 2015, the Gedling Borough Community Infrastructure Levy (CIL) Charging Schedule came into effect. Whilst the above application has been refused by the Local Planning Authority you are advised that CIL applies to all planning permissions granted on or after this date. Thus any successful appeal against this decision may therefore be subject to CIL (depending on the location and type of development proposed). Full details are available on the Council's website.

 

 

 

 

22.

Application No. 2021/0301 - Hillside Farm, Orchard Close, Burton Joyce pdf icon PDF 450 KB

Minutes:

Erection of 14 dwellings (reserved matters approval (appearance, landscaping, layout and scale) pursuant to outline permission 2018/1034).

 

Callum Bott, a local resident, spoke in objection to the application.

 

The Principal Planning Officer introduced the report.

 

RESOLVED:

 

To grant reserved matters approval, subject to the imposition of conditions, as set out in the report:

 

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

            proposed location and block plans – P02 rev A

proposed site roof plan – P03 rev B

proposed ground floor site plan – P04 rev A

proposed site sections and street scene – P05

proposed services plan – P06

proposed site plan boundary treatments – P07 rev B

proposed floor plans - plot 1 – P10

proposed elevations - plot 1 – P11

proposed floor plans - plot 2 – P15

proposed elevations - plot 2 – P16

proposed ground floor plans - plots 4 & 5 – P20

proposed first floor plans - plots 4 & 5 – P21

proposed elevations - plots  4 & 5 – P22

proposed ground floor plans - plots 6,12, 14 – P25

proposed first floor plans - plots 6,12, 14 – P26

proposed elevations - plots  6,12, 14 – P27

proposed ground floor plans - plots 10 – P30

proposed first floor plans - plots 10 – P31

proposed elevations - plots  10 – P32

proposed floor plans - plots 13 – P35

proposed elevations - plots 13 – P36

proposed ground floor plans - plots 9 – P40

proposed first floor plans - plots 9 – P41

proposed elevations - plots  9 – P42

proposed ground floor plans - plots 11 – P45

proposed first floor plans - plots 11 – P46

proposed elevations - plots  11 – P47

proposed ground floor plans - plots 7 & 8 – P50

proposed first floor plans - plots 7 & 8 – P51

proposed elevations - plots 7 & 8 – P52

proposed garages 10, 6, 6 & 12 – P55

proposed garages 2 & 3, 13 & 14 – P56 rev A

proposed eaves and ridge details – P70

proposed boundary and guarding details – P71

proposed floor plans - plot 3 – P80

proposed elevations - plot 2 – P81

 

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

2.         No above ground works shall commence until samples of external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority.  Development shall thereafter be carried out in accordance with the approved details.

3.         The proposed dwellings shall not be occupied until their respective parking areas / shared private drive 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 constructed with provision to prevent the discharge of surface water from the parking areas / shared private drive to the public highway. The bound material and the provision to prevent the discharge of surface water to the  ...  view the full minutes text for item 22.

23.

Application No. 2021/0289 - 95 Arnot Hill Road, Arnold, Nottinghamshire pdf icon PDF 380 KB

Minutes:

Proposed Apartment Building for 10 Apartments including the demolition of an existing building and garage.

 

The Head of Development and Place introduced the report.

 

RESOLVED:

 

That the Borough Council refuses planning permission on the following grounds:-

 

Reasons

 

 1         In the opinion of the Local Planning Authority the proposed development would, by reason of its design, scale, massing and height appear a visually dominant and incongruous feature, which would be out of character with the area to the detriment of the visual amenity of the streetscene and the wider setting.  The proposal therefore fails to meet with the objectives of Section 12 of the NPPF (2019), Policy 10 of the GBACS (2014), and Policies LPD 35 and 40 of the LPD (2018).

 

 2         In the opinion of the Local Planning Authority the proposed development by reason of its design, scale, massing and height would result in an adverse impact on the residential amenity in terms of overbearing, overshadowing and overlooking impact. The proposal therefore fails to meet the objectives of Section 12 of the NPPF (2019) and Policies LPD 32 and LPD 40 of LPD (2018).

 

Notes to Applicant

 

You are advised that as of 16th October 2015, the Gedling Borough Community Infrastructure Levy (CIL) Charging Schedule came into effect. Whilst the above application has been refused by the Local Planning Authority you are advised that CIL applies to all planning permissions granted on or after this date. Thus any successful appeal against this decision may therefore be subject to CIL (depending on the location and type of development proposed). Full details are available on the Council's website.

 

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2019). However the proposed development is considered to be unacceptable, for the reason set out.

 

 

 

 

24.

Application No. 2021/0542 - 19 Ashe Close, Arnold, Nottinghamshire pdf icon PDF 529 KB

Minutes:

Erect detached dwelling.

 

Ruth Farnsworth, The Applicant, spoke in support of the application.

 

The Head of Development and Place introduced the report.

 

RESOLVED:

 

To Refuse Planning Permission.

 

Reasons

 

1         In the opinion of the Local Planning Authority the proposed dwelling would represent a form of backland development that would appear alien and entirely incongruous with the established layout and urban form of the area, which is predominantly characterised by properties directly facing the highway with no clear tandem or back land development present. The proposal would therefore fail to accord with Sections Section 12 of the NPPF, Policy 10 of the ACS and paragraph g. of Policy LPD 32, paragraph b. of LPD 35 and paragraph a) 1of policy LPD 40 of the LPD.

 

Notes to Applicant

 

You are advised that as of 16th October 2015, the Gedling Borough Community Infrastructure Levy (CIL) Charging Schedule came into effect. Whilst the above application has been refused by the Local Planning Authority you are advised that CIL applies to all planning permissions granted on or after this date. Thus any successful appeal against this decision may therefore be subject to CIL (depending on the location and type of development proposed). Full details are available on the Council's website.

 

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2019). There are fundamental policy objections to the proposal and it is considered that these cannot be overcome. In order to avoid the applicant incurring further abortive costs, consideration has not been delayed by discussions, which cannot resolve the reasons for refusal, to facilitate a decision in a timely manner.

 

 

 

 

25.

Application No. 2021/0200 - Land South of Colwick Loop Road, Colwick pdf icon PDF 463 KB

Minutes:

Section 73 application for amendments to planning permission 2020/0237 (as amended by Non Material Amendment 2020/1099NMA) relating to alterations to the approved Sainsburys store, car park and service yard at land south of Colwick Loop Road, Colwick.

 

The Principal Planning Officer introduced the report.

 

RESOLVED:

 

That the application be granted permission, subject to the conditions outlined below:

 

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

 

A-PL-011-M Proposed Site Plan

A-PL-012-F Proposed Food Store Plan

A-PL-013-G Proposed Roof Plan

A-PL-014-F Proposed Elevations

A-PL-015-D Existing and Proposed Site Sections

A-PL-016-D Proposed Recycling Centre

A-PL-017-D Proposed Service Yard Plan

A-PL-020-E Proposed Petrol Filling Station Plan

A-PL-021-D Proposed Petrol Filling Station elevations

A-PL-023 P01 Sprinkler Tank

A-PL-024 P02 Roof Plant

A-PL-025 P01 Trolley Shelters, Walkways & Bollards

A-PL-026 P03 Boundary Treatment & Service Yard Gates

A-PL-029 P02 Motorcycle Shelter

 

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

 

2.         Development shall commence in accordance with the materials as detailed on drawings 2019-273/A-PL-031 rev P03 and 2019-273/A-PL-027 rev P02.

 

3.         The retail and employment elements shall be carried out in accordance with the measures set out under the Air Quality Mitigation Strategy dated 22nd July 2013.  A verification report to demonstrate compliance with the Air Quality Mitigation Strategy shall be submitted to and approved in writing by the Borough Council before the respective elements are first brought into use.

 

4.         The development hereby granted full planning permission shall be completed in accordance with the tree constraints and protection plans and notes drawing nos.GC.81800.201 rev D and GC.81800.202 rev D.

 

5.         There shall be no vegetation clearance and demolition works during the main bird nesting period (March - August), unless otherwise prior agreed in writing with the Local Planning Authority.

6.         Development shall proceed in accordance with remediation details as approved under discharge of condition application 2015/0484DOC.  Prior to occupation of the development hereby approved a verification report shall be submitted to and approved in writing by the Local Planning Authority to demonstrate that the remediation works as approved have been successfully completed.

 

7.         Prior to the occupation of the retail or employment elements bat and bird boxes  shall be installed in accordance with the details set out in the approved Biodiversity Management Plan prior to the relevant element being brought into use.

 

8.         The drainage scheme for the disposal of surface water and foul sewage for each element of the development, shall be implemented before each respective element of the development is first brought into use, in accordance with the following approved documents:

 

Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9950 P3
Engineering Layout Sheet 2 XA-0013_0057-FHT-Z07-XX-DR-C-9951 P5
Surfacing Type Plan XA-0013_0057-FHT-Z07-XX-DR-C-9952 P4
Micro Drainage Details 1 in 1yr, 1 in 30yr and 1 in 100yr plus 40
FRA - dated October 2020, issue 5

 

9.         The retail elements hereby approved shall not be brought into use until full details of the Local Employment Partnership, as outlined in Appendix 11 of the Planning and Retail Report submitted  ...  view the full minutes text for item 25.

26.

Tree Preservation Order 000141 - Newstead Abbey Park, Newstead, Nottinghamshire pdf icon PDF 266 KB

Additional documents:

Minutes:

Newstead Abbey Park Woodland Tree Preservation Order

 

The Head of Development and Place introduced the report.  He informed Members that following publication of the report a further representation had been received and that the only new issue raised, which was not covered in the report, was that a significant number of trees were not visible from the public realm. 

 

He added that in response to the additional issue raised, he would advise that some of the trees were not visible from the public realm, however they did still contribute to the wider setting and amenity of the woodland which the Tree Preservation Order was seeking to protect. 

 

He concluded that the representations received did not raise any new issues and therefore recommended that the Tree Preservation Order was confirmed and the historic orders were revoked, in accordance with the report.

 

RESOLVED:

 

To confirm Tree Preservation Order - 000141 ‘Newstead Abbey Park’ without modifications and revoke TPOs G0028 and G28B

 

 

 

27.

Appeal Decision - 17 Greaves Close, Arnold pdf icon PDF 191 KB

Minutes:

Rear and side extension to existing house. Internal amendments. Demolition of existing garage.

RESOLVED:

 

To note the information.

28.

Appeal Decision - Linby House, Linby Lane, Linby pdf icon PDF 229 KB

Minutes:

The development proposed is four new detached single storey dwellings for the over 55’s with eight associated parking spaces.

 

RESOLVED:

 

To note the information.

29.

Future Applications pdf icon PDF 31 KB

Minutes:

RESOLVED:

 

To note the information.

30.

Planning Delegation Panel Action Sheets pdf icon PDF 107 KB

Additional documents:

Minutes:

RESOLVED:

 

To note the information.

 

31.

Any other items which the Chair considers urgent.

Minutes:

None.