Agenda and minutes

Venue: Council Chamber, Civic Centre.

Contact: Cayte Goodall  Democratic Services Officer

Items
No. Item

1.

Apologies for Absence and Substitutions.

Minutes:

Apologies for absence were received from Councillor Barnfather.

2.

To approve, as a correct record, the minutes of the meeting held on 16 May 2018. pdf icon PDF 85 KB

Minutes:

RESOLVED:

 

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

3.

Declaration of Interests

Minutes:

None.

4.

Planning Application No. 2018/0045 - Kendon Packaging Ltd Meadow Road, Netherfield. pdf icon PDF 832 KB

Minutes:

Outline planning application for up to 40 No. dwellings with all matters reserved except access.

 

Clare Selwood and Michael Rowley, local residents, spoke against the application.

 

Bob Woollard, the applicant’s agent, spoke in support of the application.

 

The Service Manager – Development Services, introduced the report.

 

RESOLVED toGrant Outline Planning Permission with the matter of Access approved: Subject to the applicant entering into a Section 106 Agreement with the Borough Council as Local Planning Authority and with the County Council as Local Education Authority for the provision of, or financial contributions towards, affordable housing, open space, healthcare facilities, education, and a local labour agreement; and subject to the conditions listed for the reasons set out in the report.

 

Conditions

 

1.         Approval of the details of layout, scale parameters, landscaping and appearance (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority before the commencement of any development.

 

 

2.         Application for the approval of reserved matters must be made not later than three years from the date of the outline permission and the development to which this permission relates must be begun within two years from the date of final approval of reserved matters.

 

 

 

3.         This permission shall be read in accordance with the Site Location Plan and Access Layout Plan, drawing ADC1606-DR-001 Rev P1, and the Flood Risk Assessment, RSE_950-02V1 received by the Local Planning Authority on 16th January 2018.

 

 

4.         Prior to first occupation of the development and with reference to Noise Impact Assessment by Noise Vibration Consultants Ltd (Date: 17th January 2018), verification that the approved sound insulation scheme has been implemented and is fully operational shall be submitted to and be approved in writing by the Local Planning Authority.

 

 

5.         Prior to the commencement of the development a detailed Noise and Dust Management Plan shall be submitted to and be approved in writing by the Local Planning Authority. The noise management part of the plan should make reference to the submitted Noise Impact Assessment by Noise Vibration Consultants Ltd (Date: 17th January 2018).The Noise and Dust Management Plan shall identify the types and locations of works which are likely to cause noise and dust disturbance to sensitive receptors and:- Minimise noise and dust arising from such works by technical and physical means, and through work scheduling & management best practice - Identify (and make stakeholders aware of) the person responsible for recording, investigating & dealing with complaints from residents- Set out a communication strategy to keep regulators, resident and other stakeholders advised well in advance of specific works which are likely to cause noise and dust disturbance- Ensure that as much of the disruptive / noisy / dust generating work as possible is carried out during the normal construction operating hours- Regularly review the Noise and Dust Management Plan. Any amendments which may have an impact on noise or dust sensitive receptors shall be agreed in advance with the regulator and communicated to all other stakeholders. The approved Noise and Dust Management Plan shall  ...  view the full minutes text for item 4.

5.

Application No. 2017/1276 - Fairacre And 335 Mapperley Plains, Arnold. pdf icon PDF 830 KB

Minutes:

Outline planning application for erection of 11 dwellinghouses with details of access, layout and scale and other matters reserved and demolition of two existing bungalows

Chris Norton, spoke in objection to the application, on behalf of local residents.

The Service Manager – Development Services introduced the report and recommended an additional condition requiring the submission of a Construction Environmental Management Plan to the Local Planning Authority prior to commencement of the development. 

The Service Manager – Development Services explained the reason for this additional condition was to protect the local environment.

 

RESOLVED that the Borough Council GRANTS OUTLINE PLANNING PERMISSION with matters relating to Appearance and Landscaping for subsequent approval, and subject to the following amended conditions:

 

Conditions

 

 1         Approval of the details of landscaping and appearance (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority before the commencement of any development.

 

 2         Application for the approval of reserved matters must be made not later than three years from the date of the outline permission and the development to which this permission relates must be begun within two years from the date of final approval of reserved matters.

 

 3         The submission of all reserved matters and the implementation of the development shall be carried out in substantial accordance with the plans and documents received on the 8th November 2018: - Application Forms; Design and Access Statement; Protected Species Survey; Tree Survey; Site Location Plan and the revised Layout Plan (ref: AS-17-01revE) received by the Local Planning Authority on 22nd May 2018.

 

 4         No part of the development hereby permitted shall take place until details of the new road have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross sectional gradients, visibility splays, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. The development shall be implemented in accordance with these details to the satisfaction of the Local Planning Authority.

 

 5         No part of the development hereby permitted shall be brought into use until the visibility splays are provided in accordance with the approved plans ref (plan ref: AS-18-02 revA). The area within the visibility splays referred to in this condition shall thereafter be kept free of all obstructions for the life of the development.

 

 6         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.

 

 7         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  ...  view the full minutes text for item 5.

6.

Application No. 2017/0661 - Bank Hill House, Bank Hill, Woodborough. pdf icon PDF 460 KB

Minutes:

Demolish existing house and outbuildings. Construct new dwelling and garage with amended access

 

Mr Ubhi, the applicant, spoke in support of the application.

 

The Service Manager – Development Services introduced the item and explained that in addition to the information contained in the officer report, it should also be noted that paragraph 1.66 of the 2005 Replacement Local Plan advises that ‘’ in calculating the size of the original dwelling, any garage will be included as part of the original dwelling provided it existed on 1st July 1948 or was built at the same time as the dwelling. In both cases the garage must be within 5m of the original dwelling’’.  While the officer report describes the building as an ‘outbuilding’, it could also be reasonably described as a garage and it is within 5m of the dwelling. Historic mapping also indicates that the building was in situ prior to 1948.

 

The Service Manager – Development Services also explained that when calculating the floor space of an existing dwelling, LPD14 specifically permits the inclusion of any existing outbuilding that falls within 5 metres of the original dwelling within the existing floor space calculation. 

 

RESOLVED that the Borough Council GRANTS 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 following plans submitted to the Local Planning Authority:- Proposed ground floor plan, site plan, block & OS plans, drawing no. 002 Revision F, received on 1st June 2018- Proposed first floor plan, site plan, block and OS plans, drawing no. 003 Revision E, received on 1st June 2018- Proposed elevations, drawing no. 004 Revision D, received on 1st June 2018- Proposed site plan layout, drawing no. 005 Revision A, received on 16th May 2018The development shall thereafter be undertaken in accordance with these plans unless otherwise agreed in writing by the Local Planning Authority.

 

 

3.         No above ground construction works shall commence until samples of the proposed external facing materials to be used in the construction of the development have been submitted to, and approved in writing by, the Local Planning Authority and the development shall only be undertaken in accordance with the materials so approved and shall be retained as such thereafter.

 

 

4.         Notwithstanding the details submitted, before development commences details of the existing and proposed ground levels and sections of the site, including proposed finished floor levels shall be first submitted to and approved in writing by the Local Planning Authority. The development shall then be built in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

 

 

5.         No part of the development hereby permitted shall be brought into use until  dropped vehicular verge crossings to serve the access points are available for use.

 

 

6.         No part of the development hereby permitted shall be brought into use until all drives and any parking or turning areas are surfaced in  ...  view the full minutes text for item 6.

7.

Application No. 2017/1216 - 36-38 Victoria Road, Netherfield pdf icon PDF 909 KB

Minutes:

Ground floor change of use from a restaurant (Use Class A3) to a 9 bedroomed HMO (Use Class Sui Generis)

 

Alison Hunt, a local resident, spoke in objection to the application.

 

FaribaSezavar, the applicant, spoke in support of the application.

 

The Service Manager – Development Services introduced the report.

 

 

 

RESOLVED toREFUSE PLANNING PERMISSION

 

           

1.         The property is prominently located within the Netherfield Local Centre at the intersection of two main shopping streets. The proposed conversion of the existing A3 use to a nine bedroom house of multiple occupation falling within a Sui Generis use class would be contrary to the objectives of Saved Local Plan Policy S2 and Emerging Local Plan Policy LPD49 which seek to ensure that the retail character of local centres is retained and to promote the vitality and viability of local centres. For these reasons, the proposal is also contrary to the overarching objectives of the National Planning Policy Framework which seeks to safeguard the vitality and viability of local centres. Whilst the property is currently vacant, it has been in use through the proceeding years and no evidence has been provided to demonstrate that it cannot be reasonably reused for its current use or in a use that would comply with the relevant national and local planning policies.

 

 

8.

Application No. 2018/0358 - Linby House, Linby Lane, Linby. pdf icon PDF 611 KB

Minutes:

Conversion of an existing "welfare facility and secure store" into a single residential dwelling.

 

The Service Manager – Development Services introduced the report.

 

 

RESOLVED to GRANT PLANNING PERMISSION 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 plans and Design and Access Statement received on the 5th April 2018, and revised drawings received by the Local Planning Authority on the 17th May 2018.

 

 

3.         Notwithstanding the provisions of Part 1 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order) the development hereby approved shall not be enlarged under Classes A, B, C, D, E, F, G, or H.

 

 

Reasons

 

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

 

2.         To ensure that the details of the development are acceptable, in accordance with the aims of Policy ENV1 of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2014).

 

3.         To protect the openness of the Green Belt.

 

Reasons for Decision

 

In the opinion of the Borough Council the proposed development would not have any detrimental impact on the openness or character of the Green Belt or the Conservation Area of Linby. It is also considered that the proposed development would result in no undue impact on the amenity of adjacent properties or on highway safety. The proposal therefore accords with Policy 3 (Green Belt), Policy 10 (Design and Enhancing Local Identity) of the Aligned Core Strategy 2014; Saved Policies ENV1 (Development Criteria) and ENV14 (Change of Use in a Conservation Area) of the Gedling Borough Replacement Local Plan; and LPD12 (Re-use of Buildings in Green Belt), LPD28 (Conservation Areas), and LPD32 (Amenity) as well as the Policies contained within the National Planning Policy Framework.

 

Notes to Applicant

 

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.

 

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  ...  view the full minutes text for item 8.

9.

Planning Delegation Panel Action Sheets pdf icon PDF 48 KB

Additional documents:

Minutes:

RESOLVED:

 

To note the information.

10.

Appeal decision, Application No 2017/0727 - Rear of 164 and 166 Porchester Road, Carlton. pdf icon PDF 84 KB

Minutes:

Proposed pair of semi-detached houses.

 

 

RESOLVED:

 

To note the information.

 

 

 

 

11.

Future Applications List pdf icon PDF 83 KB

Minutes:

Noted.

12.

Any other items which the Chair considers urgent.

Minutes:

None.