Agenda and minutes

Planning Committee
Wednesday 27 March 2019 6.00 pm

Venue: Council Chamber, Civic Centre.

Contact: Cayte Goodall  Democratic Services Officer

Items
No. Item

122.

Apologies for Absence and Substitutions

Minutes:

Apologies for absence were received from Councillors Allan and Walker.  Councillors Bisset and Creamer attended as substitutes.

123.

To approve, as a correct record, the minutes of the meeting held on 13 February 2019 pdf icon PDF 87 KB

Minutes:

RESOLVED:

 

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

124.

Declaration of Interests

Minutes:

The Chair declared a non-pecuniary interest, on behalf of all Members, in item 6 of the agenda due to the financial contribution being made to Carlton Le Willows Academy for the football pitches by Gedling Borough Council should the development be granted.

125.

Application No. 2017/1263 - Land Adjacent Dark Lane, Calverton pdf icon PDF 809 KB

Minutes:

Erection of 57 No.Dwellings and associated works.

 

The Service Manager – Development Services introduced the report and gave the following updated information to the committee:

 

The applicant had confirmed that they were content to enter into policy compliant obligations as detailed in the report. Concern had however been expressed in relation to the proposed Local Labour Agreement. The applicant had advised that as a small local company they operate using local sub-contractors, most of who had worked with them for many years. The applicant had also advised that they only directly employ supervisory and management staff. It was however considered that it was possible to enter into a flexible Local Labour Agreement which met the business model of the developer, but also provided a formal commitment to use local labour and to provide the Borough Council with appropriate monitoring targets.    

 

The Service Manager – Development Services informed Members that further to the publication of the report, Calverton Parish Council had raised concern that the proposed planning obligation did not seek a planning obligation for village centre improvements as required in the Calverton NP (Policy G2 – Developer Contributions). He accepted that the report did not specifically address the issue, which was an oversight and provided the following update:

 

This policy consideration has now been fully considered and I do not consider that the request made by CPC meets the tests set out in Section 122 of The Community Infrastructure Levy Regulations 2010, namely that an obligation must be:

 

(a)       necessary to make the development acceptable in planning terms;

(b)       directly related to the development; and

(c)        fairly and reasonably related in scale and kind to the development.

 

In particular, unlike with the requirements for education and healthcare, there is no quantifiable basis or policy that could be used to set out how a sum of money or a scheme of improvements would be both necessary to make the development acceptable in planning terms or be fairly and reasonably related in scale and kind to either of the developments being proposed. This being the case, if village centre improvements were to be included in the list of S106 requirements, the Borough Council would subsequently have no basis on which to negotiate what form or amount that this would take, notwithstanding the fact that to do so would not meet with the tests I have just outlined. The Parish Council has however suggested that the contribution should be £1,000 per dwelling. 

 

It should also be note that a planning application to improve the village centre (St Wilfred’s Square) has recently been approved and that much of the centre is in private ownership, meaning that it cannot benefit from S106 monies. Likewise, S106 monies should not be used to maintain existing areas under public ownership, as this too would not meet the tests.

 

Furthermore, I note that paragraph 52 of the Neighbourhood Plan states that the Community Infrastructure Levy will be used to deliver village centre environmental improvements. Paragraph 53 advises that  ...  view the full minutes text for item 125.

126.

Application No. 2018/0360 - Land South Of Main Street, Calverton pdf icon PDF 1 MB

Minutes:

Outline planning application for up to 79 No. dwellings with all matters reserved except access.

 

Mr Sunil Vidhani, a local resident, spoke in objection to the application.

 

The Service Manager – Development Services introduced the report and gave the following updated information to the committee:

 

The applicant had confirmed that they were content to enter into policy compliant obligations as detailed in the report. Concern had however been expressed in relation to the proposed Local Labour Agreement. The applicant had advised that as a small local company they operate using local sub-contractors, most of who had worked with them for many years. The applicant had also advised that they only directly employ supervisory and management staff. It was however considered that it was possible to enter into a flexible Local Labour Agreement which met the business model of the developer, but also provided a formal commitment to use local labour and to provide the Borough Council with appropriate monitoring targets.    

 

The Service Manager – Development Services informed Members that further to the publication of the report, Calverton Parish Council had raised concern that the proposed planning obligation did not seek a planning obligation for village centre improvements as required in the Calverton NP (Policy G2 – Developer Contributions). He accepted that the report did not specifically address the issue, which was an oversight and provided the following update:

 

This policy consideration has now been fully considered and I do not consider that the request made by CPC meets the tests set out in Section 122 of The Community Infrastructure Levy Regulations 2010, namely that an obligation must be:

 

(a)       necessary to make the development acceptable in planning terms;

(b)       directly related to the development; and

(c)        fairly and reasonably related in scale and kind to the development.

 

In particular, unlike with the requirements for education and healthcare, there is no quantifiable basis or policy that could be used to set out how a sum of money or a scheme of improvements would be both necessary to make the development acceptable in planning terms or be fairly and reasonably related in scale and kind to either of the developments being proposed. This being the case, if village centre improvements were to be included in the list of S106 requirements, the Borough Council would subsequently have no basis on which to negotiate what form or amount that this would take, notwithstanding the fact that to do so would not meet with the tests I have just outlined. The Parish Council has however suggested that the contribution should be £1,000 per dwelling. 

 

It should also be note that a planning application to improve the village centre (St Wilfred’s Square) has recently been approved and that much of the centre is in private ownership, meaning that it cannot benefit from S106 monies. Likewise, S106 monies should not be used to maintain existing areas under public ownership, as this too would not meet the tests.

 

Furthermore, I note that paragraph 52 of the Neighbourhood  ...  view the full minutes text for item 126.

127.

Application No. 2018/0836 - Carlton Le Willows Academy, Wood Lane pdf icon PDF 1 MB

Minutes:

Installation of 3G artificial grass pitch, fencing, hardstanding, flood light system, together with the erection of 1No.single storey pavilion and 1No. storage container.

 

Mr Michael Davies, the applicant, spoke in support of the application.

 

The Service Manager – Development Services advised the committee that the indicative location plan provided with the agenda pack was incorrect as it identified the originally proposed location and that the facility was proposed to be sited between the school buildings and adjacent to Wood Lane as detailed in 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         This permission shall be read in accordance with the application form, Ground Floor Layout 2 Changing Rooms drawing no 928.002-A-20-02 Rev A00, Ground Floor Layout - 4 Changing Rooms drawing no 928.002-A-20-01 Rev A00, Proposed elevations 4 changing rooms drawing no 928.002-A-21-02 Rev A00,  Proposed elevations 2/4 changing rooms-Phasing drawing no 928.002-A-21-03 Rev A00, Proposed elevations-2 changing rooms drawing no 928.002-A-21-01 Rev A00, Typical Section drawing no 928.002-A-22-02 Rev A00 received 21st August 2018; Roof Plan - 2 Changing Rooms drawing no 928.002-A-20-12 Rev A00, Roof Plan - 4 Changing Rooms drawing no 928.002-A-20-13 Rev A00 received 12th September 2018; Design & Access Statement received 15th February 2019; Proposed Site Location Plan drawing no 928.002-A-10-01 Rev A03, Site Plan drawing no 928.002-A-10-02 Rev A07, Proposed Floodlighting Drawing no 04 Rev 02, Proposed AGP Layout Drawing no 02 Rev 03, Block Plan drawing no 928.002-A-10-03 Rev A06, Proposed Site Plan drawing no 01 Rev 02 received 27th February 2019. Proposed Elevations Drawing no 03 Rev 02 received 6th March 2019. The development shall thereafter be undertaken in accordance with these plans/details.

 

 3         The development hereby approved shall only be available for use by non-school clubs or groups between the hours of 16:00-22:00, Monday to Friday during school term time, or not earlier than 1 hour after the official school day ends if later than 3pm. At any other time the development shall only be available for use between the hours of 0900 and 2200.

 

 4         The development hereby approved shall not be bought into use until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing by the Local Planning Authority. The agreement shall apply to the development hereby approved and include details of pricing policy, hours of use, access by non-[educational establishment] users [non-members], management responsibilities and a mechanism for review.  The development shall not be used otherwise than in strict compliance with the approved agreement.

 

 5         Before development is commenced, there shall be submitted to and approved in writing by the Local Planning Authority, details of the location and specification of the bat boxes specified as a mitigation measures within the Follow-up Aerial Tree Survey - Bats, March 2019. The mitigation measure shall be implemented in accordance with the approved details and shall be retained for  ...  view the full minutes text for item 127.

128.

Application No. 2019/0003 - 292 Spring Lane, Lambley, NG4 4PE pdf icon PDF 1006 KB

Minutes:

Change of use from Office (B1) to Residential (C3) and side extension of less than 50% of the existing floor area.

 

Councillor Wilkinson left the meeting.

 

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.         This permission shall be read in accordance with the details within the Application Form, the OS Location Plan and following Drawings 1898-01 "Site Plan", 1989-02 "Existing Floor Plan", 1898-03 "Existing Elevations", 1898-04 "Proposed Floor Plan" and 1898-05 "Proposed Elevations" submitted on the 3rd January 2019 and the email dated 15th February 2019 received from the applicant / agent confirming the description of works. The development shall thereafter be undertaken in accordance with these details.

 

 

3.         No works permitted under Class A, B, C, D or E of Part 1 Schedule 2 of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or in any provision equivalent to that Class in any Statutory Instrument revoking and re-enacting that Order) shall be undertaken without the prior written permission of the Local Planning Authority.

 

 

4.         Prior to commencement of any external works, details of the Electric Vehicle charging point to be provided at the hereby approved dwelling, to include the location and specification shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details prior to the first occupation of the development.

 

 

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 any future development does not impact on the openness of the Green Belt or the reasons for including land within it, in accordance with the aims of the National Planning Policy Framework (2019) Policy 3 of the Aligned Core Strategy (2014) and Policies 12 and 13 of the Local Planning Document (2018).

 

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 policy LPD11 of the Councils Local Plan.

 

Reasons for Decision

 

In the opinion of the Borough Council the proposed development would not cause harm to the openness of the Green Belt, is visually acceptable, results in no significant impact on the amenity of neighbouring residential properties and would not have any adverse impacts on Highway Safety. The development therefore accords with the objectives of the National Planning Policy Framework, Policies A, 3, 8 and 10 of the Aligned Core Strategy, and Policies LPD 11, 12, 13, 32, 57 and 61 of the Local Planning Document.

 

Notes to Applicant

 

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 considered to be  ...  view the full minutes text for item 128.

129.

Application No. 2019/0034 - Burntstump Cottage, Burntstump Hill, Arnold, NG5 8PQ pdf icon PDF 652 KB

Minutes:

Demolition of existing single storey rear extension, erection of two storey rear extension and conversion of existing garage to en-suite.

 

The Service Manager – Development Services advised Members that the application had been referred to Planning Committee as the agent was related to a member of staff at Gedling Borough Council and therefore, in accordance with the Council’s constitution, the application had been referred to Planning Committee.

 

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.         This permission shall be read in accordance with the application form & site location plan, ref: PDL-08-100 Rev 2 received on 22nd January 2019, revised plan submitted on the 4th February 2019, ref: PDL-22-004 Rev 2 and revised block plan received on the 12th February 2019, ref: PDL-22-005 Rev 1. The development shall thereafter be undertaken in accordance with these plans/details.

 

 

3.         The materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwelling house.

 

 

Reasons

 

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

 

2.         For the avoidance of doubt.

 

3.         To ensure the details of the development are satisfactory, in accordance with the aims of Policy 10 of the Aligned Core Strategy (September 2014).

 

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, and is considered to be appropriate development within the Green Belt. It is also considered that the proposed development will result in no undue impact on the amenity of adjacent properties or on highway safety. The proposal therefore accords with Policy 3, Policy 10 of the Aligned Core Strategy 2014, Policy LPD13, LPD19, LPD32, LPD35, LPD 57 and LPD 61 of the Local Planning Document 2018, Policies 2, 3 & 7 of the Papplewick Neighbourhood Plan as well as the Policies contained within the National Planning Policy Framework (2019) and Policy SPZ 3 of the Greater Nottinghamshire Landscape Character Assessment.

 

Notes to Applicant

 

Planning Statement - The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework. 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 attached permission is for development which will involve building up to, or close to, the boundary of the site.  Your attention is drawn to the fact that if you should need access to neighbouring land in another ownership in order to facilitate the construction of the building and its future maintenance you are advised to obtain permission from the owner of the land for such access before beginning your development.

 

The applicant is advised that all planning permissions granted on or after 16th October  ...  view the full minutes text for item 129.

130.

Enforcement Ref. 0072/2018 - Land at Rose Cottage, Goosedale Lane, Bestwood pdf icon PDF 572 KB

Minutes:

Cllr Wilkinson joined the meeting.

 

Unauthorised storage container, material change of use of agricultural land to garden and untidy land.

 

The Service Manager – Development Services informed the committee that further to the publication of the report, an agent acting on behalf of the owner of the land had advised that the container would be removed by Friday the 5th April and arrangements were currently being made for the rubble to be collected from the site but that his recommendation was unchanged. A further compliance check would be undertaken after the 5th April, and if the breach of planning control had been addressed by the land owner, it would not be necessary to serve a notice. 

 

RESOLVED that:  

 

The Service Manager, Development Services, be authorised to take all enforcement action including the service of any necessary enforcement notices and in conjunction with the Director of Organisational Development & Democratic Services, proceedings through the courts if required to ensure the unauthorised storage container is removed and the land is tidied and returned to its lawful use.

 

 

 

131.

Enforcement Ref. 0052/2018 - Nottingham Care Village, 168 Spring Lane, Lambley pdf icon PDF 848 KB

Minutes:

Unauthorised construction of a car park.

 

RESOLVED:

 

That the Service Manager, Development Services, be authorised to take all enforcement action including the service of any necessary enforcement notices and in conjunction with the Director of Organisational Development & Democratic Services, proceedings through the courts if required to ensure the car park is removed and the land to be reinstated to its previous undeveloped state.

 

132.

Appeal decision - 218 Kenrick Road, Mapperley pdf icon PDF 86 KB

Minutes:

The proposed demolition of the existing dwelling on the site and the erection of three dwellings on the site.

RESOLVED:

 

To note the information.

 

133.

Planning Delegation Panel Action Sheets pdf icon PDF 48 KB

Additional documents:

Minutes:

RESOLVED:

 

To note the information.

134.

Future Planning Applications pdf icon PDF 78 KB

Minutes:

RESOLVED:

 

To note the information.

135.

Any other items which the Chair considers urgent

Minutes:

None.