Agenda and minutes

Apologies for absence were received from Councillor Smith.  Councillor Adams attended as substitute.

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 on behalf of all members of the committee in items 9 and 10 on the agenda, as Gedling Borough Council were the applicant.

Erection of 8 detached dwellings and 3 apartment buildings (comprising 29 flats).

Ron Hodges, a Trustee of 3rd Woodthorpe St Marks Scout Group, spoke in objection to the application.

The Principal Planning Officer informed members that further to the publication of the report, additional comments had been received from Nottinghamshire County Council, who had identified that a contribution of £18,500 was sought towards bus stop improvements in the area.  He had noted the additional letters from objectors as reported to members that raised concerns in relation to possible noise pollution, air pollution and the removal of hedges which raised no new issues.

He then went on to introduce the report.

He concluded that the application was recommended for approval subject to the signing of a Section 106 agreement to include contributions to public transport and subject to the conditions as outlined in the committee report. 

Following debate, the Principal Planning Officer proposed an amendment to Condition 19 – in relation to boundary treatments as follows:

Condition 19

Prior to the commencement of the development, no part of the development shall be brought into use until details of all the boundary treatments proposed for the site including types, height, design and materials, have been submitted to and approved in writing by the local planning authority.  Development shall be completed in accordance with the approved details.

RESOLVED:

To GRANT PLANNING PERMISSION: Subject to the owner entering into planning obligations secured through a s106 agreement with the Borough Council as the Local Planning Authority and the County Council as Education Authority to secure a local labour agreement, affordable housing and financial contributions towards public transport, education, primary care, public open space and maintenance of the same and monitoring fees; and subject to the updated conditions listed for the reasons set out in the report.

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:

N1538_127_L_ PROPOSED siteplan / roofplan

N1538_128_G_ PROPOSED ground floor (west)

N1538 _129_K_ PROPOSED ground floor (east)

N1538_130_E_ PROPOSED Building B Elevations

N1538_132_E_ PROPOSED Building A Elevations

N1538_133_C_ PROPOSED Building A Ground floor plan

N1538_134_C_ PROPOSED Building A First floor plan

N1538_135_C_ PROPOSED Building A Second floor plan

N1538_136_C_ PROPOSED Building A Roof plan

N1538_137_E_ PROPOSED Building B Ground floor plan

N1538_138_E_ PROPOSED Building B First floor plan

N1538_138_E_ PROPOSED Building B First floor plan

N1538_139_D_ PROPOSED Building B Second floor plan

N1538_141_D_ PROPOSED Building B Roof plan

N1538_142_E_ PROPOSED Building C Ground floor plan

N1538_143_E_ PROPOSED Building C Upper floor plans

N1538_144_D_ PROPOSED Building C Elevations

N1538_145_E_ PROPOSED Long Street Elevations

N1538_146_E_ PROPOSED First floor house plans

N1538_147_C_ PROPOSED Sections through site

N1538_149_A_ Location Plan

3.       Prior to above ground works commencing details of materials to be used in the external appearance of the development shall be submitted to and approved in writing by the Local Planning Authority.  Development shall proceed in  ...  view the full minutes text for item 15.

Construction of two open round barrows and a grass covered barrow for the placement of cremation urns, access path and landscaping.

Matthew Lymn Rose, Managing Director of AW Lymn, the applicant, spoke in support of the application.

The Principal Planning Officer informed members that since the publication of the report an additional letter of support had been received from the Reverend Canon Malachy Brett highlighting the need and desire for this type of burial provision.  He then went on to introduce the report and concluded that the application was recommended for refusal, as outlined in the report.

RESOLVED:

To Refuse Planning Permission for the following reason(s):

 1       The proposed development would represent inappropriate development in the Green Belt and would cause harm to the openness of the Green Belt. The proposal does not meet any of the criteria listed in paragraphs 149 or 150 of the NPPF which list certain types of development that are not considered inappropriate development in the Green Belt. Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. There are no special circumstances that outweigh the harm caused to the Green Belt. The proposal is therefore contrary to the National Planning Policy Framework (Section 13).

2        The proposed development would have an undue impact upon the visual amenity and landscape character of the area.

          The development consists of a barrow 9 metres in height (Barrow 3) with a steep slope of 70-80 percent. This will appear as a tall, prominent and alien feature within the landscape. The proposal is therefore contrary to the National Planning Policy Framework (Section 15), Aligned Core Strategy Policy 10, Local Planning Document Policy 19 and Calverton Neighbourhood Plan Policy BE1.

Erection of baggage storage facility on a raft foundation.

Dave Fox, Production Manager at Sarval Limited, the applicant, spoke in support of the application.

The Principal Planning Officer introduced the report.

The recommendation to refuse planning permission was not carried. 

The Head of Development and Place had listened to the debate and noted that it was clear that members considered there were very special circumstances for granting development within the green belt, these being the need for the building to enhance the operational efficiency of the site, that it did not have an impact on the openness of the green belt, the whole area was an industrial estate, to support investment and future growth of the site and that it was a long-standing business.

He concluded that if members were to move an alternative proposal to grant planning permission, contrary to officer recommendation, they may wish to use the following proposed reason and condition for approval.

Proposed reason for approval:

The development whilst considered to result in an inappropriate form of development in this Green Belt location, very special circumstances have been demonstrated in this instance, these being the need for the building to enhance the operational efficiency of the site, supporting investment for the future growth of the site and the economy. It is also considered given that this is an expansion of the existing business at the site there are no other viable options to locate the development in an alternative location. Whilst the building is fairly large in scale it is also considered given the location of the building adjacent to other buildings on the site, the visual appearance of the development will not be unduly visible in this location. In addition, given the submission of a Flood Risk Assessment, there are no flood risk issues arising in regard to the development. The development results in no contamination issues or highway safety issues. The development therefore accords with the aims of the NPPF 2021, policies 1 and 10 of the Aligned Core Strategy 2014 and policies LPD 3, 7, 32 and 61 of the Local Planning Document 2018.

Condition:

The development shall be retained in accordance with the details as set out within the application form received on the 5^th January 2022, the location plan received on the 5^th January 2022, the plans received on the 5^th January 2022, drawing number 2020/025/03C, the Design and Access Statement received on the 16^th January 2022, the Flood Risk Assessment by J Roberts Design Ltd dated May 2023 and the letter from IDPlanning, demonstrating very special circumstances, dated the 20^th June 2023.

Reason: To define the permission

An alternative motion to grant planning permission was moved by Councillor David Ellis and seconded by Councillor Gibbons and it was 

RESOLVED:

To GRANT PLANNING PERMISSION for the following reason:

Reason:

1.    The development whilst considered to result in an inappropriate form of development in this Green Belt location, very special circumstances have been demonstrated in this  ...  view the full minutes text for item 17.

Two storey rear extension, single storey rear extension to create a 6 bedroom property to be occupied by one household.

The Principal Planning Officer introduced the report.

The recommendation to grant planning permission was not carried. 

The Head of Development and Place had listened to the debate and had noted that members had concerns in relation to the intensification of the use of the site and the impact this would have on the amenity of adjoining residents and the character of the area and concerns about the additional demand for very limited on street car parking.  He advised members that there was no evidence to refuse the application on highways safety grounds and that any refusal in terms of highways should be directed towards the additional demand for limited on street car parking.

He concluded that if members were to move an alternative proposal to refuse planning permission, contrary to officer recommendation, they may wish to provide the following proposed wording:

Proposed reason for refusal:

The proposed development would, by reason of the intensification of the use of the site, have an adverse impact upon the residential amenity of adjoining and nearby residents and the character of the area. The proposal would also result in additional demands for very limited on street car parking, to the detriment of existing residents.  The development would therefore be contrary to Policy LPD32 – Amenity.

An alternative motion to refuse planning permission was moved by Councillor Grahame Pope and seconded by Councillor Wheeler and it was 

RESOLVED:

To REFUSE PLANNING PERMISSION for the following reason:

Reason:

The proposed development would, by reason of the intensification of the use of the site, have an adverse impact upon the residential amenity of adjoining and nearby residents and the character of the area. The proposal would also result in additional demands for very limited on street car parking, to the detriment of existing residents.  The development would therefore be contrary to Policy LPD32 – Amenity.

Demolition of buildings (single storey arched and flat roof structures) and proposed 5no 3 bedroom bungalows.

Ann Incerti, a local resident, spoke against the application.

The Principal Planning Officer informed members that since the publication of the report an additional comments had been received from Papplewick Parish Council but these raised no new issues to those already contained within the report.

He then went on to introduce the report.

He concluded that the recommendation was to grant full planning permission subject to conditions set out in the report with two additional conditions in relation to off-street car parking and surface water drainage. 

RESOLVED:

To Grant Full 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 received on 19th June 2020 and deposited plans, drawing no's SI21/1078/3-01A, SI21/1078/5-A, SI21/1078/2-D, SI21/1078/4-B, SI21/1078/9 and SI21/1078/8, received on 31st March 2022. The development shall thereafter be undertaken in accordance with these plans/details.

 3         Before development hereby approved is first commenced a landscape scheme shall be submitted to and approved in writing by the Local Planning Authority. The landscape scheme shall include full details of both soft and hard landscape works together with detailed landscape plans and particulars which shall include: (a) details of size, species, positions and densities of all trees, hedges and shrubs to be planted; (b) details of the boundary treatments, including those to individual plot boundaries; (c) the proposed means of surfacing access roads, car parking areas, and the frontages of properties such as driveways and footpaths to front doors, and (d) a programme of implementation. The landscape scheme would need to demonstrate compliance with Section 4 of Biodiversity Net Gain Metric and Section 5 of the Preliminary Ecological Assessment. The development shall be implemented in accordance with the approved details, which shall be retained for the lifetime of the development.

 4         If within a period of five years beginning with the date of the planting of any tree or shrub, approved in relation to Condition 3, 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 planted shall be planted at the same place, unless otherwise prior agreed in writing by the Local Planning Authority.

 5         The access driveway shall be surfaced in a hard-bound material (not loose gravel) for a minimum of 10.0 metres behind the Highway boundary and 4.8m in width as shown on drawing no. SI21/1078/2-D, before development is commenced. The surfaced drive shall then be maintained in such hard-bound material for the life of the development.

 6         No part of the development hereby permitted shall be brought into use until the bin storage/ store/ collection point has been  ...  view the full minutes text for item 19.

RESOLVED:

To Grant consent subject to the following conditions:-

Conditions

1         The works must be carried out in within 2 years beginning of the date of this permission.

2         The works hereby permitted shall be carried out in accordance with the application form and details submitted to the Local Planning Authority on 5^th May 2023.

3         All works are carried out in accordance with BS 3998 2010 and by good arboricultural practice.

Reasons

1         In order to comply with Section 17 2(d) of Part 4 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012.

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

 3         In the interests of safety and good tree husbandry.

Notes to Applicant

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework. During the processing of the application there were considered to be no problems for which the Local Planning Authority had to seek a solution in relation to this application.

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.

T! – Oak – Reduce lateral branches by 50% that are growing towards property fence.

The Principal Planning Officer introduced the report.

RESOLVED:

To Grant consent subject to the following conditions:-

Conditions

1         The works must be carried out in within 2 years beginning of the date of this permission.

2         The works hereby permitted shall be carried out in accordance with the application form and details submitted to the Local Planning Authority on 5^th May 2023.

3         All works are carried out in accordance with BS 3998 2010 and by good arboricultural practice.

Reasons

1         In order to comply with Section 17 2(d) of Part 4 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012.

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

 3         In the interests of safety and good tree husbandry.

Notes to Applicant

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraphs 186 to 187 of the National Planning Policy Framework. During the processing of the application there were considered to be no problems for which the Local Planning Authority had to seek a solution in relation to this application.

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.

Unauthorised change of use from residential garden to storage of building materials/equipment with associated siting of storage containers.

The Principal Planning Officer introduced the report.

RESOLVED:

That the Head of Development and Place, be authorised to take all relevant planning enforcement action including the service of any necessary enforcement notices and in conjunction with the Head of Governance and Customer Services, issue of proceedings through the courts, if required, to ensure the cessation of the unauthorised change of use of the site a storage facility and removal of all associated storage containers.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

None.