Agenda and minutes

Apologies for absence were received from Councillors Boot, Hewson, Hollingsworth, Lawrence, and Miller,

RESOLVED:

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

Councillor Truscott declared personal interests, on behalf of all Councillors, in agenda items 5 and 9 as elected members of the Gedling Borough Council (the Council being the applicant in both cases).

Demolish existing dwelling and erect two detached dwellings for residential use.

Pamela Astill, a neighbouring resident, spoke in objection to the proposed development.

RESOLVED to GRANT PLANNING PERMISSION subject to the following conditions:

1.         The development must be begun not later than three years beginning with the date of this permission.

2.         This permission relates to the revised site layout plan Ref. H217/3 including the tree protection measures and the reposition of the dwellings further back into the site as well as the originally submitted plans Ref. H217/1, H217/2, H217/4 and the Design and Access Ref H217 and Tree Survey Ref. WKW/CJS/BP131001.

3.         Before development is commenced there shall be submitted and approved by the Borough Council precise details of all construction materials. Once approved the development shall be carried out in accordance with the approved materials.

4.         Before development is commenced there shall be submitted to and approved by the Borough Council details of any proposed alterations to the existing ground levels of the site, including details of the finished floor levels in relation to existing levels. Thereafter the development shall be carried out in accordance with the approved details.

5.         No part of the development hereby permitted shall be brought into use until a dropped vehicular footway crossing is available for use and constructed in accordance with the Highway Authority specification to the satisfaction of the Local Planning Authority.

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 a hard bound material (not loose gravel) for a minimum of 5.5 metres behind the Highway boundary. The surfaced drives and any parking or turning areas shall then be maintained in such hard bound material for the life of the development.

7.         Pedestrian visibility splays of 2.0 metres x 2.0 metres shall be provided on each side of the vehicle access. These measurements are taken from and along the highway boundary. The areas of land forward of these splays shall be maintained free of all obstruction over 0.6 metres above the carriageway level at all times.

8.         No part of the development hereby permitted shall be brought into use until the access driveway / parking / turning area (s) is constructed with provision to prevent the unregulated discharge of surface water from the driveway /parking/turning area(s) to the public highway in accordance with details first submitted to and approved in writing by the LPA. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

9.         Before development is commenced there shall be submitted to and approved by the Borough Council details of the means of enclosure of the site. The approved means of enclosure shall be erected prior to the first occupation of the dwellings hereby approved.

10.       Before development is commenced, including site preparation the tree protection measures as shown on the revised site lay out plan Ref. H217/3  ...  view the full minutes text for item 80.

Single storey rear extension.

RESOLVED to GRANT PLANNING PERMISSION subject to the following 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 received on 28th October 2013.

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

In the opinion of the Borough Council the proposed development is of a size and design in keeping with the existing dwelling and the wider setting. There will be no undue impacts on neighbouring amenity. The proposal therefore complies with the aims and objectives of the National Planning Policy Framework (2012) and Policies ENV1 and H10 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2008).

Notes to Applicant

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.

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.

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.

Councillor Hope left the meeting.

Proposed new external building signage (some illuminated) for Arnold Leisure Centre. Proposed new signs to replace all existing facade signs and artwork. New signage to include Gedling Borough Council corporate logo, facility names, entrance sign and information board.

The Service Manager, Planning and Economic Development reported that the County Highways department had confirmed that they had no objections to the proposed development.

RESOLVED to GRANT Advertisement Consent subject to the following conditions:

1.         The proposed signage shall be erected in accordance with drawing no.s 3910-002 PL11 and 3910-002 PL12 and details of illumination as confirmed in an email dated 1st November 2013.

2.         Prior to the erection of any signage hereby approved, there shall be submitted to and approved in writing by the Borough Council precise details of the signage including sections. The signage shall be installed in accordance with the approved details and retained thereafter.

3.         The existing signage to be replaced and that shown to be removed on drg. no. PL13 Rev A shall be removed within 10 days of the proposed signage hereby approved being erected and all resultant materials and waste products removed from site.

Reasons

1.         For the avoidance of doubt.

2.         In the interests of visual amenity, in accordance with The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

3.         In the interests of visual amenity, in accordance with The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

Reasons for Decision

In the opinion of the Borough Council the signage will result in no undue impact on the amenity of adjacent properties or the area in general and is acceptable from a highway safety viewpoint.  The application is therefore in accordance with the National Planning Policy Framework (March 2012) and the 2007 Advertisement Regulations.

Proposed retrospective planning permission for the retention of a Steel Storage Container.

Mr Hussain, the applicant, spoke in support of the proposed development and Gillian Reynolds, a neighbouring resident, spoke in objection.

RESOLVED to REFUSE PLANNING PERMISSION for the following reason:

In the opinion of the Borough Council, the retention of the storage container would be detrimental to the visual amenity of the area and therefore adversely affect the residential character of the of the Old Woodthorpe Special Character Area, and is therefore contrary to Policy ENV16 of the Gedling Borough Council Replacement Local Plan (Certain Policies Saved 2008)

Replace existing flat roof with pitched roof incorporating 2 Flats (Resubmission of Application 2012/1021).

Mr Cope, a neighbouring resident, spoke in objection to the proposed development.

The Service Manager Planning and Economic Development reported that one additional letter of support had been received since the agenda was printed.

RESOLVED to REFUSE PLANNING PERMISSION for the following reasons:

1)    In the opinion of the Borough Council the proposed development would have a detrimental impact upon the visual amenity of the area and upon the character of the Old Woodthorpe Special Character Area by reason of its design, scale and bulk. The proposal would therefore be contrary to Policies ENV1 (Development Criteria) and ENV16 (Old Woodthorpe Special Character Area) of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

2)    In the opinion of the Borough Council the proposed development would result in an over intensive use of the site to the detriment of the neighbouring properties and the surrounding area. The proposal would therefore be contrary to Policy ENV1 (Development Criteria) of the Gedling Borough Replacement Local Plan (Certain Policies Saved 2008).

Outline application to provide 15 x 2 bedroom retirement bungalows.

RESOLVED to REFUSE PLANNING PERMISSION for the following reason:

In the opinion of the Borough Council, the proposed development would constitute inappropriate development in the Green Belt by virtue of not serving the five purposes of land within the Green Belt. Therefore, in the absence of any very special circumstances the proposed development would, by definition, be harmful to the Green Belt contrary to the guidance contained within the National Planning Policy Framework (2012) and Policy ENV26 of the Gedling Borough Replacement Local Plan (Certain Saved Policies) 2008.

Creation of a new access road and car park with 40 spaces, including 3 disabled spaces.

The Service Manager Planning and Economic Development reported that three additional letters had been received since the agenda was printed.

RESOLVED to GRANT PLANNING PERMISSION subject to the following conditions:

1.         The development must be begun not later than three years beginning with the date of this permission.

2.         The development shall be undertaken in accordance with the details as set out within the planning application forms, the Design and Access Statement, the Preliminary Baseline/Feasibility Site Report October 2012, the Flood Risk assessment March 2013, the Drainage Strategy March 2013, the Ecology Report 2012 and drawing numbers LR/4017514/40, LR/4017514/42, LR/4017514/43, LR/4017514/12, LR/4017514/41, LR/4017514/09, LR/4017514/11A, LR/4017514/44 AND LR/401754/05.

3.         Prior to the development first being brought into use there shall be submitted to and approved in writing by the Local Planning Authority details of the proposed parking area for cycles. The cycle parking area shall then be provided in accordance with these approved details before the development is first brought into use and the area retained thereafter for the parking of cycles at all times.

4.         Before vehicular access is provided from the proposed access off Spring Lane a visibility splay of 3.5 metres by 160 metres shall be provided to the Spring Lane entrance into the site and shall be retained thereafter at all times.

5.         Before public vehicular access is provided from the proposed access off Spring Lane the access road from Spring Lane including the proposed footways shall be completed and surfaced in a hard bound material (not loose gravel) for a minimum distance of 25 metres behind the highway boundary in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The surfaced access and footways shall then be maintained in such approved hard bound material for the life of the development.

6.         Before public vehicular access is provided from the proposed access off Spring Lane the car parking area to be provided off the Spring Lane access shall be provided in accordance with drawing number LR/4017514/42 and the car parking spaces shall be kept available for parking in association with the development thereafter.

7.         Prior to the proposed car parking/footpath areas relating to the proposed vehicular access off Spring Lane being first brought into use by the public there shall be submitted to and approved in writing by the Local Planning Authority precise details of any security/flood lighting proposed to be erected at the site. Once these details are approved the development shall be carried out in accordance with these approved details unless otherwise agreed in writing by the Local planning Authority.

8.         The recommendations as set out within Section 4.1 of the Applied Ecology Report 2012 should be adhered to at all times during works being undertaken at the site.

9.         The vehicular access from Spring Lane shall not be used between the hours of 21.00 and 06.00 from 1st June to  ...  view the full minutes text for item 86.

Demolition of club and erection of restaurant with drive through facility, car park and amended access.

Mr Peach, the Senior Acquisitions Manger for the applicant, spoke in support of the proposed development.

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 shall be built in accordance with the details as contained within the Planning Statement, the Design and Access Statement, The Flood Risk Assessment, the Transport Statement and the plan drawing numbers XXX/2013/A110D, XXXX/2013/A102B, XXXX/2014/A100E and the ordnance survey plan received on the 8th June 2013.

3.         Before development is commenced there shall be submitted to and approved in writing precise details and samples of the materials to be used in the construction of the building. Once these details are approved the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

4.         Before development is commenced there shall be submitted to and approved by the Borough Council a landscape plan of the site showing the position, type and planting size of all trees and shrubs proposed to be planted and including where appropriate details of existing trees to be felled and retained. The approved landscape scheme shall be carried out in the first planting season following the substantial completion of the development and any planting material which becomes diseased or dies within five years of the completion of the development shall be replaced in the next planting season by the applicants or their successors in title.

5.         Before development is commenced there shall be submitted to and approved in writing precise details of the lighting columns proposed to be erected at the site. This shall include details of how the lights are to be angled and shielded. The lighting scheme shall be implemented in accordance with the approved details prior to the development being first brought into use and shall then be retained thereafter at all times.

6.         Before development is commenced there shall be submitted to and approved in writing precise details of a suitable barrier, gate or collapsible bollards to be erected to the entrance to the site including precise details of where these will be positioned. Once these details are approved the agreed barrier, gate or collapsible bollards shall be erected to the entrance of the site prior to the site being first brought into use and retained thereafter at all times in accordance with the approved details unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

7.         The agreed barrier, gate or collapsible bollards as approved under condition 6 shall be utilised when the building is unattended in order to prevent vehicles entering and leaving the site.

8.         Before development is commenced there shall be submitted to and approved in writing precise details of the proposed solar panels to be installed on the building  ...  view the full minutes text for item 87.

11 building signs and 15 site signs associated with erection of restaurant with drive through facilities, car park and amended access.

RESOLVED to

1. REFUSE ADVERTISEMENT CONSENT for sign 11 on the following grounds:-

In the opinion of the Borough Council Sign 11 by reason of its scale and bulk would have adverse impact on the visual amenity of the area and therefore would not accord with paragraph 67 of the National Planning Policy Framework.

2. GRANT ADVERTISEMENT CONSENT for signs 1 to 10 and 12: subject to the following conditions:-

Conditions

1.         The adverts (except sign 11  which has hereby been refused Advertisement Consent due to the adverse impact that would be caused to the surrounding area) shall be erected in accordance with the details as set out within the planning application forms and as shown on drawing numbers XXXX/2013/A102B, XXXX/2013/A100C, XXXX/2013/A100E and XXXX/2014/A001E.

Reasons

1.         For the avoidance of doubt.

Reasons for Decision

In the opinion of the Borough Council the signage will result in no undue impact on the amenity of nearby properties or the area in general and is acceptable from a highway safety viewpoint.  The application is therefore in accordance with the National Planning Policy Framework (March 2012) and the 2007 Advertisement Regulations.

Construction of an A1 retail unit with ancillary restaurant and concession units, service yard, petrol filling station and car wash, car parking, landscaping and highways works (full application) and B1/B2/B8 employment uses (outline application).

RESOLVED To give authorisation to the Corporate Director to:

1)    alter condition 4 of 2013/0497 to remove the reference to the Chevron Ltd Hazardous Substance Consent, so that the condition reads:-

'The public house or restaurant element shall not be brought into use until either: a) The hazardous substances consents for the Total Lindsey Oil Refinery Ltd has been revoked or b) A report relating to the respective element has been submitted to the LPA outlining the level of risk posed by the presence of the Total Lindsey Oil Refinery Ltd together with details of any proposed mitigation measures and the LPA have agreed in writing that they are satisfied with the conclusions of the Report so to allow the respective element to be occupied. Any mitigation measures proposed in the report to be approved in writing by the Borough Council shall be implemented in accordance with the approved report.’

2)    Write to the HSE to advise that no alteration should be made to condition 4 of 2013/0497 part b in relation to the ability for the applicants to submit a report for a risk assessment in relation to the risk posed by the presence of the Total Oil Refinery.

3)    Write to the HSE to advise that they will be consulted in relation to the risk based report set out in in condition 4 of (2013/0497) and also any proposed mitigation measures.

4)    Write to the HSE to agree an extension of 14 days from the 22^nd November to enable to HSE to further consider whether to call in application number 2013/0497.

Breach of Condition 1 of Planning Permission 2012/0941 (Outline Application No 2012/0057) - Existing trees onsite not protected in accordance with Landscaping Layout (101 Rev G).

RESOLVED

1)    That the Corporate Director in consultation with the  Council Solicitor and Monitoring Officer be authorised to take any appropriate enforcement action including the service of relevant notices; and

2)    That the Council Solicitor and Monitoring Officer be authorised to take any further legal action following the service of any relevant notices, if such legal action is appropriate.

RESOLVED

To note the report.

RESOLVED

To note the information.

RESOLVED

To note the information.

None.