Agenda and minutes

None.

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 on items 7 and item 8 on the agenda as the Council were the applicant on both applications.

Councillor David Ellis declared a personal non-pecuniary interest in items 7 and 8 on the agenda as Portfolio Holder he had signed off the application to install the CCTV and would therefore not participate in the debate nor vote on the item.

Councillor Adams declared a collective non-pecuniary interest on items 7 and 8 on the agenda, on behalf of himself and Councillor Barnfather, as they were Nottinghamshire County Councillors and Nottinghamshire County Council owned the land on both of the sites.

Erection of 24 dwellings, associated parking and access road.

Phillip Oddie, a local resident, spoke on behalf of The Willow Farm Action Group, in objection to the application.

The Principal Planning Officer introduced the report and provided an update as summarised below.

He recommended that an additional condition be added in respect of a further protected species survey for a mature ash tree to be removed to the site entrance.  The recommended condition was;

Prior to the commencement of development, a protected species survey shall be completed in respect of possible bat roosts for the Ash Tree to the site entrance, which is intended to be removed.  The survey shall be submitted to and approved in writing by the Local Planning Authority and any mitigation approved in the report shall be undertaken.

He added that since publication of the committee report a number of emails had been received from the Willow Farm Action Group and a local resident expressing concern about the application and the committee report in particular, relating to the loss of a tree to the site entrance, whether the impact on protected species had been explored, including on hedgerows, whether a Landscape and Visual Impact Assessment (LVIA) was required and also whether impacts on residential amenity had been suitably assessed, including whether neighbour letters had been appropriately summarised.

He explained that an additional condition was recommended in respect of exploration for the potential of bats in the Ash tree which was being removed, that the specimen was not considered worthy of a preservation order and that its removal was supported.  He added that the layout indicated existing hedgerows would be retained as per the proposed drawings and a landscaping scheme secured through condition 4.  

He added that whilst no LVIA had been submitted in support of the application, one had been undertaken as part of allocating the site for residential development within the Local Plan, which concluded that the site was of medium landscape sensitivity.

He added that in respect of the comments from neighbours, statutory consultees and the impacts on residential amenity, these had been accurately summarised and covered within the officer report and raised no new issues.

He added that concern had been raised about the Human Rights Act and whilst recent case law established that Article 8 (Human) Rights were important, it should not be assumed that any would outweigh the importance of having coherent control over town and country planning.

He concluded that the application be recommended for approval as outlined  in the report with an additional condition relating to the requirement for a protected species survey.

Councillor Lawrence joined the meeting.

Councillor Barnfather proposed a motion that the application be deferred to a future meeting until the applicant had produced a Landscape and Visual Impact Assessment, so that the committee were fully informed of the impact of the development on existing properties and on the quality of life of the residents of those properties, before a decision was made. 

The motion was  ...  view the full minutes text for item 53.

Full planning application for: 1) erection of a building for use as a builders merchant (Sui Generis) with trade counters and ancillary kitchen joinery showroom for the display, sale and storage of building, timber and plumbing supplies, plant and tool hire, including outside display and storage including storage racking; and 2) erection of industrial and logistics units (Use Classes E(g)(iii), B2 and B8); together with access and servicing arrangements, parking and landscaping, boundary fencing and associated works.

Mark Garrity – Development Director, Chancerygate (The Applicant) spoke in support of the application.

The Principal Planning Officer introduced the report and provided an update in respect of the hazardous substance consent and confirmed that the Health and Safety Executive would not request that the application be called in for determination by the Secretary of State nor pursue the matter further, should planning permission be granted.

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 following drawing and details; received by the Local Planning Authority on 8 July 2022 unless otherwise stated:

-      21068-300 Revision P01 (Site Location Plan)

-      21068-302 Revision P09 (Proposed Site Plan) - received 26 October 2022

-      21068-310 Revision P02 (Unit 1 Proposed Elevations)

-      21068-311 Revision P01 (Unit 1 Proposed Floor Plan)

-      21068-312 Revision P02 (Unit 1 Proposed Roof Plan)

-      21068-320 Revision P02 (Unit 2 Proposed Elevations)

-      21068-321 Revision P02 (Unit 2 Proposed Floor Plan)

-      21068-322 Revision P02 (Unit 2 Proposed Roof Plan)

-      21068-330 Revision P01 (Unit 3 Proposed Elevations)

-      21068-331 Revision P01 (Unit 3 Proposed Floor Plan)

-      21068-332 Revision P01 (Unit 3 Proposed Roof Plan)

-      21068-340 Revision P02 (Unit 4 Proposed Elevations)

-      21068-341 Revision P02 (Unit 4 Proposed Floor Plan)

-      21068-342 Revision P02 (Unit 4 Proposed Roof Plan)

-      21068-350 Revision P03 (Unit 5 Proposed Elevations) - received 28 July 2022

-      21068-351 Revision P02 (Unit 5 Proposed Floor Plan)

-      21068-352 Revision P01 (Unit 5 Proposed Roof Plan)

-      21068-900 revision P03 (Proposed Site Section) - received 12 September 2022

-      853.29.02 (Planting Layout South)

-      853.19.05 (Planting Layout North) - received 16 November 2022

-      21068-801-P01 (Schedule of External Building Materials)

-      Construction and Emissions Management Plan - received 17 August 2022

 3       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 has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.  An assessment must be undertaken in accordance with the requirements above, and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing  ...  view the full minutes text for item 54.

Item withdrawn from the agenda.

Install a 10m column, concrete base and street cabinet for CCTV camera.

RESOLVED:

To Grant 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.

1               This permission shall be carried out in accordance with the details set out in the application form, Site Location Plan, drawings numbered TC.10.400.01 and WEC-467586A1, and Specification Sheet: PTP550; received by the Local Planning Authority on 5 October 2022.

Reasons

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

 2       For the avoidance of doubt.

Reasons for Decision

The proposed development is consistent with Gedling Borough planning policies. The proposal represents an acceptable form of development which seeks to reduce crime, the detection of crime and the fear of crime. The proposal is not considered to have an unacceptable impact on the visual amenity of the area. The proposal will not have an unacceptable impact on the residential amenity of the occupiers of neighbouring properties. It is considered that the proposal is appropriate for its context and is in accordance with the NPPF (Section 8 and 12), Policy 10 of the GBCAS (2014) and Policy 32 of the LPD.

Notes to Applicant

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 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 not payable on the development hereby approved as the development type proposed is zero rated in this location.

The proposal makes it necessary to apply for an S115e licence for installation of a CCTV camera to be installed on the verge of the public highway. These Works will be subject to a site inspection for which a fee will apply. The application process can be found at: http://www.nottinghamshire.gov.uk/transport/licences-permits/temporary-activities

Install a 10m column together with a 2M antennae extension and a concrete base for CCTV camera.

RESOLVED:

To Grant 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.

1               This permission shall be carried out in accordance with the details set out in the application form, Site Location Plan, and WEC Technical Specification; received by the Local Planning Authority on 14 November 2022.

Reasons

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

 2       For the avoidance of doubt.

Reasons for Decision

The proposed development is consistent with Gedling Borough planning policies. The proposal represents an acceptable form of development which seeks to reduce crime, the detection of crime and the fear of crime. The proposal is not considered to have an unacceptable impact on the visual amenity of the area. The proposal will not have an unacceptable impact on the residential amenity of the occupiers of neighbouring properties. It is considered that the proposal is appropriate for its context and is in accordance with the NPPF (Section 8 and 12), Policy 10 of the GBCAS (2014) and Policy 32 of the LPD.

Notes to Applicant

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 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 not payable on the development hereby approved as the development type proposed is zero rated in this location.

The proposal makes it necessary to apply for an S115e licence for installation of a CCTV camera to be installed on the verge of the public highway. These Works will be subject to a site inspection for which a fee will apply. The application process can be found at: http://www.nottinghamshire.gov.uk/transport/licences-permits/temporary-activities

To provide Members with information on the monies collected through the Community Infrastructure Levy (CIL) and Section 106 Planning Obligations, how they are administrated and future expenditure priorities in relation to the monies collected.

To note the publication of the Infrastructure Funding Statement for 2021/22 attached in Appendix A.

RESOLVED to:

1)    Note the contents of the report.

2)    Note the publication of the Infrastructure Funding Statement for 2021/22 as detailed at Appendix A.

To note the latest position on the suitability of implementing an Article 4 direction, to introduce a requirement for planning permission to change from a C3 Dwellinghouse (family dwelling) to a C4 HMO (3-6 unrelated people who share facilities) in the Netherfield Ward.

RESOLVED to:

1)    Note that there was currently insufficient evidence to demonstrate that an Article 4 direction or any other measure was necessary to protect local amenity or the well-being of the Netherfield Ward.

2)    Note that the overall number of HMOs in the Netherfield Ward would be monitored and a further update report would be submitted to Cabinet within 12 months.

RESOLVED:

To note the information.

RESOLVED:

To note the information.

None.