Agenda item

Work to create pedestrian walkway and associated fencing along former rail track which will be used to access Gedling Country Park.

RESOLVED to GRANT PLANNING PERMISSION subject to the following conditions:

Conditions

1.       The change of use hereby permitted shall cease on the 1st July 2015 and the land restored to its former condition with all fencing, gates and hardstanding removed by the 1st January 2016, unless otherwise prior agreed in writing by Gedling Borough Council.

2.       The development shall be carried out in accordance with the details as set out within the application forms received on the 21st August 2014, the plans received on the 21st August 2014, the photographs received on the 21st August 2014, the planning statement received on the 21st August 2014 and the email received on the 26th August 2014.

3.       The ramped pathway, fencing and gates proposed to be erected along the walkway and to the access to the Gedling Country Park, as shown on the plan hereby approved dated the 21/08/2014, shall be erected before the walkway and access to the Gedling Country Park are first brought into use and shall be retained thereafter in accordance with the approved details at all times unless otherwise agreed in writing by the Borough Council as Local Planning Authority.

4.       The swing bar gate providing access into the Gedling Country Park shall not be used between the hours of 21.00 and 08.00 Mondays to Fridays and 21.00 hours to 09.00 on weekends and Bank Holidays from the 1st June to 30th September and between the hours of 19.00 and 08.00 Mondays to Fridays and 19.00 to 09.00 on weekends and Bank Holidays from 1st October to 31st May inclusive. These opening times will cease when this temporary permission expires on the 1st July 2015.

Reasons

1.       For the avoidance of doubt.

2.       For the avoidance of doubt.

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

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

Reasons for Decision

The proposed development, given that it is proposed for a temporary period only, results in no undue impact on the safeguarded railway line, results in no undue impact on the allocated housing site, the proposed route of the Gedling Access Road or the area in general. The proposal therefore accords with policies 2 and 16 of the Aligned Core Strategy (September 2014) and policies H15 and ENV1 of the Gedling Borough Replacement Local Plan (Certain Saved Policies 2014).

Notes to Applicant

You are advised that during site preparation or the development of the site should any protected species be found the works shall cease and the Nottinghamshire Wildlife Trust shall be contacted immediately for advice.

You are advised that a Licence Agreement with Network Rail will be required in order to use the railway as a pedestrian walkway. You are therefore advised to contact Frances Cunningham, Town Planner for Network Rail on 01904 389680.

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.

You are advised that planning permission does not override any private legal matters which may affect the application site, over which the Borough Council has no jurisdiction (e.g. covenants imposed by former owners, rights of light, etc.).

Councillor Boot left the meeting at 18.45.