Agenda and minutes

The Committee is asked to confirm as a correct record the minutes of the meeting held on 25 July 2018.

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The minutes of the meeting held on 25 July 2018 were approved as a correct record and signed, with a minor correction to the attendance.

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest, in any item on the agenda.

Councillor R D MacRae declared a non-pecuniary interest in item 6.5 as he was acquainted with the objector, minute number 21.5 refers.

Councillor P J Owen declared a non-pecuniary interest in item 6.11 as he and his wife were Governors of Mornington Primary School.

The Committee received notifications of lobbying in respect of the planning applications subject to consideration at the meeting.

srth

2008 WAT/15

An application to fell various trees to allow the implementation of essential flood prevention measures had been received from the landowner.  It was noted that the application was supported by Nottinghamshire County Council, the lead authority for flood prevention. 

RESOLVED that permission be granted for the varying of the Tree Preservation Order so that essential flood prevention measures can be implemented.

Hybrid planning application comprising: full application

to construct cinema (Class D2) and commercial units

(Class A1 - A5) with ancillary uses (plant, bin stores etc.)

and public realm.  Outline application for mixed use

development to include residential dwellings (Class C3)

with car parking, commercial units (Class A1 - A5) and

assembly and leisure units (Class D2) with associated

ancillary areas (plant and bin stores etc.) (with all

matters reserved)

Land South East of B & M, Styring Street and

Station Road, Beeston

Hybrid planning application comprising: full application to construct cinema (Class D2) and commercial units (Class A1 - A5) with ancillary uses (plant, bin stores etc.) and public realm.  Outline application for mixed use development to include residential dwellings (Class C3) with car parking, commercial units (Class A1 - A5) and assembly and leisure units (Class D2) with associated ancillary areas (plant and bin stores etc.) (with all matters reserved)

Land South East of B & M, Styring Street and Station Road, Beeston

The application had been brought before the Committee for determination as the Council is the landowner. 

The Committee considered the late items for this application which comprised of the conclusions of a desk based archaeological assessment and comments from Nottinghamshire County Council as the Highway Authority and the Council’s conservation advisor, along with an addition to paragraph 6.6.4 of the report. 

Mr Brigden, objecting, addressed the Committee prior to the general debate.

The Committee discussed the application with reference to the opportunity for Beeston to improve the leisure offering of the town centre to encourage the night time economy.  It was noted that there was cross party support for the project. 

          RESOLVED unanimously that planning permission be granted subject to the following conditions:

Conditions in respect of outline element

1.   Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

2.   The development hereby permitted shall be commenced before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

3.   No development shall commence until a phasing plan for the whole outline site has been submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented in accordance with the approved phasing plan.

4.   No phase of development shall be commenced until detailed drawings and particulars showing the following for that respective phase have been submitted to and approved in writing by the Local Planning Authority:

(a)      the layout, scale, and external appearance of all buildings;

(b)      the means of access and parking and servicing provision within the site;

(c)      the particulars of the materials to be used in the facing of the external surfaces of all buildings;     

(d)      cross sections through the site showing the finished floor levels of the new buildings in relation to adjacent land and buildings.  These details shall be related to a known datum point;

(e)      landscaping.

      The development shall be carried out strictly in accordance with the approved details.

5.   No development shall be commenced in respect of any phase until a landscaping scheme for that respective phase of development has been submitted to and approved in writing by the Local Planning Authority.  Each scheme shall include the following details:

          (a)    numbers, types, sizes and positions of proposed trees and shrubs;

          (b)    proposed hard surfacing treatment;

          (c)    planting, seeding/turfing of other soft landscape areas;

          (d)    a timetable for implementation  ...  view the full minutes text for item 21.1

Display 2 large format signs and 2 banner signs

Land South East of B & M, Styring Street and

Station Road, Beeston

Display 2 large format signs and 2 banner signs

Land South East of B & M, Styring Street and Station Road, Beeston

The application had been brought before the Committee for determination as the Council is the landowner. 

There were no late items and no public speakers.

It was noted that the intention of the signs was to keep the public informed of the progress of development on the site.

RESOLVED that advertisement consent be granted subject to the following conditions:

1. a) Any advertisements displayed, and any land used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

    (b) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

    (c) Where any advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

    (d) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

    (e) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2. The development hereby permitted shall be carried out in accordance with drawing numbers BTCR-LDA-XX-ZZ-M3-A1-08 000 and BTCR-LDA-XX-ZZ-M3-A1-08 006 and the four images of the signs received by the Local Planning Authority on 16 July 2018.

Reasons

1. In the interests of amenity and public safety.

2. For the avoidance of doubt.

Notes to Applicant

1. The Council has acted positively and proactively in the determination of this application by determining it within the eight week determination timescale.

2.It is not permitted for any vehicles to obstruct the tramway at any time and any works on site should accord with the guidance in the “Working Near NET” leaflet.

Change of use from retail (Class A1)

to an adult gaming centre (sui generis)         

62 Nottingham Road, Eastwood, Nottingham,

NG16 3NQ

Change of use from retail (Class A1) to an adult gaming centre (Sui Generis)

62 Nottingham Road, Eastwood, Nottingham, NG16 3NQ

Councillor M Radulovic requested this application be determined by the Committee.

The late items pertaining to this application were considered by the Committee.  There were no public speakers.

The Committee debated the risk to local people of increased anti-social behaviour, the proximity of the school to the site and the nature of the business detracting from the town centre.

        RESOLVED unanimously that planning permission be refused.

Reason

The proposal by virtue of its nature, would add to the concentration of non-A1 retail uses in Eastwood town centres Primary Shopping Frontages.  Accordingly the loss of a further A1 use would have a detrimental impact upon the vitality and viability of Eastwood Town Centre. The proposed development therefore would be contrary to the aims of Saved Policy S4 of the Broxtowe Local Plan 2004 and Policy 6 of the Adopted Core Strategy 2014 and there are no material considerations that would justify taking a decision at variance to these policies.

Retain poly tunnel

Babbington Hall, Westby Lane, Babbington Village,

Nottinghamshire, NG16 2SS

Retain poly tunnel

Babbington Hall, Westby Lane, Babbington Village, Nottinghamshire, NG16 2SS

The Committee noted that there were a number of late items with regard to this application including comments with regards to traffic, incongruous development and a written submission from Councillor M J Crow.

Mr Tony Sanderson, the applicant, and Councillor M J Crow, the Ward Member, addressed the Committee prior to the general debate.

There was concern that the application was retrospective, that the development was not appropriate within the Green Belt and whether the tunnel was an appropriate place to exercise dogs.  The debate progressed on to the work of the kennels with rescue dogs. It was proposed by Councillor R I Jackson and seconded by Councillor P D Simpson that a temporary permission of one year be granted with the hours of operation to be restricted, the precise wording to be delegated to the Head of Neighbourhoods and Prosperity in consultation with the Chair of the Planning Committee.  On being put to the meeting the amendment was carried.

        RESOLVED a temporary permission of one year be granted with the precise wording to be delegated to the Head of Neighbourhoods and Prosperity in consultation with the Chair of the Planning Committee and also subject to the following conditions:

1.   The development hereby permitted shall be retained in accordance with the Block Plan (1:500) received on 3 April 2018 and the Floor Plan and Elevation Plan (1:100) received by the Local Planning Authority on 11 April 2018.

2.   The poly tunnel hereby permitted shall be sprayed dark green within 3 months of the date of this decision, and shall thereafter be retained this colour for the lifetime of the development.

3.   The permission shall be for a limited period of one year expiring on the 14th September 2019 when the building works carried out under this permission shall be removed and the land reinstated to the satisfaction of the Local Planning Authority unless prior permission has been obtained in writing from the Local Planning Authority for its retention.

4.   The poly tunnel hereby permitted shall not be used except between the hours of 09.00 - 18.00 Wednesday to Sunday and 09.00 - 20.00 on Mondays and Tuesdays.

Reasons

1.   For the avoidance of doubt.

2.   To ensure a satisfactory standard of external appearance and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014) and Policy 17 of the Draft Part 2 Local Plan.

3.   The building by virtue of its construction and appearance is not suitable for permanent retention.

4.   To protect nearby residents from excessive operational noise.

Note to Applicant

The Council has acted positively and proactively in the determination of this application by communicating with the agent throughout the course of the application.

Construct single and two storey rear extension

5 Humber Road, Beeston, Nottingham, NG9 2EF

Construct single and two storey rear extension

5 Humber Road, Beeston, Nottingham, NG9 2EF

The item was deferred at the meeting of the Committee on 20 June 2018 to allow the applicant an opportunity to reconsider their submission and then withdrawn from the meeting of the Committee on 25 July 2018 due to the late submission of amended plans.

There were no late items with respect to the application.

Mr Richard Jones, objecting and Councillor L A Lally, Ward Member, addressed the Committee prior to the general debate.

The debate focused on concerns regarding the proliferation of Houses in Multiple Occupation in Beeston and the overdevelopment this was causing.  There was also concern that this was starting to impact on the diversity of the community which was considered to be a mix of student and family housing.   The amenity of the occupants at no.7 Humber Road was discussed in detail, including concerns that the natural light into the kitchen would be severely affected by the proposed extension. 

          RESOLVED that planning permission be refused.

Reason

The development is considered to be overbearing and oppressive which would cause a loss of amenity to neighbours at no. 7. Humber Road. Accordingly, the development is considered to be contrary to the aims of Policy H9 of the Broxtowe Local Plan (2004), Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the draft Broxtowe Part 2 Local Plan (Submission Version 2018).

Construct first floor side and single storey rear extensions

4 Whitton Close, Chilwell, Nottinghamshire, NG9 6PB

Construct first floor side and single storey rear extensions

4 Whitton Close, Chilwell, Nottinghamshire, NG9 6PB

This item had been originally referred to the Committee for a decision by Councillor G Harvey and had been deferred at the meeting of 25 July 2018 to allow the applicant to reconsider their proposal.

There were no late items for the consideration of the Committee.

Mr Malcolm Morrisey, the applicant, addressed the Committee prior to the general debate.

The Committee noted that the design of the extension had been amended to a hipped roof and were satisfied that this mitigated the impact on the amenity of the occupants of no.105 Haddon Crescent.

RESOLVED that planning permission be granted subject to the following conditions:

1.   The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

2.   The development hereby permitted shall be carried out in accordance with the Site Location Plan (1:1250) received by the Local Planning Authority on 4 April 2018, Proposed Block Plan (1:200) received by the Local Planning Authority on 5 April 2018 and drawing number M0318.02 received by the Local Planning Authority on 9 August 2018.

3.   No building operations shall be carried out until samples of the materials to be used in the facing walls and roofs have been submitted to and approved in writing by the Local Planning Authority, and the development shall be constructed only in accordance with those details.

Reasons

1.   To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

2.   For the avoidance of doubt.

3.   No such details were specified with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of the development commencing to ensure that the details are satisfactory in the interests of the appearance of the development and in accordance with the aims of Policy H9 of the Broxtowe Local Plan (2004) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

Note to Applicant

The Council has acted positively and proactively in the determination of this application by working to determine this application within the agreed determination timescale.

Construct two storey side extension

            59 Pelham Crescent, Beeston, Nottinghamshire,

NG9 2ER

Construct two storey side extension

59 Pelham Crescent, Beeston, Nottinghamshire, NG9 2ER

Councillor P Lally had requested that this application be determined by the Committee.

There were no late items to be considered by the Committee.

Ms Jingyi Yang, the applicant, Mr Matthew Johnson, objecting and Councillor L A Lally made representation to the Committee prior to the general debate.

The Committee were concerned to note that this was an application to extend a family home with a view to making it a house in multiple occupation.  It was noted that there were a number of such residences in the area around this address and that there were already problems with parking and refuse due to the number of households.  There was also concern regarding the diversity of the area. 

        RESOLVED that planning permission be refused.

Reason

The proposed two storey side extension represents an over intensive form of development which is considered to be harmful to the amenity of the surrounding neighbours.  The proposed development, therefore, would be contrary to the aims of Policy H9 of the Broxtowe Local Plan (2004), Policy 10 of the Broxtowe Aligned Core Strategy (2014), Policy 17 of the Draft Part 2 Local Plan and the National Planning Policy Framework (2018).

Construct two storey side extension and alterations

to single storey rear extension

2 Denewood Avenue, Bramcote, Nottinghamshire, NG9 3EU

Construct two storey side extension and alterations to single storey rear extension

2 Denewood Avenue, Bramcote, Nottinghamshire, NG9 3EU

Councillor J C Goold had requested that the application be determined by the Committee.

There were a number of late items for the Committee to consider including a submission from a neighbour and a written submission from Councillor J C Goold.

Mr Samuel O’Shea, the applicant, Mrs Nazia Tanveer, objecting, and Councillor M E Plackett addressed the Committee prior to the general debate.

The Committee considered the impact of the extension on neighbour amenity.  It was proposed by Councillor R I Jackson and seconded by Councillor P J Owen that the item be deferred to allow the applicant time to consider the reduction of the width of the extension by one metre. 

        RESOLVED that the application be deferred.

Reason

To allow for discussion with the applicant about the potential for the reduction of the width of the extension by one metre, addressing concerns regarding the impact on the amenity of the occupants of no.4 Denewood Avenue.

Construct 6 industrial units (Class B2) and bin store

and create vehicular access from Derby Road

(part revised scheme)

Former Dyeworks Site, West End Street,

Stapleford, NG9 7DA

18/00308/FUL

          Construct 6 industrial units (Class B2) and bin store and create vehicular access from Derby Road (part revised scheme)

Former Dyeworks Site, West End Street, Stapleford, NG9 7DA

          Councillor J W McGrath had requested that this application be determined by the Committee.

          There were no late items for the Committee to consider and no public speakers.

          The Committee noted that HS2 Ltd objected to the application as a substantial part of the site was located within land subject to the Safeguarding Directions for Phase 2b of the HS2 high speed rail line which is to be built in the vicinity.  Debate progressed on to the need for jobs in Stapleford, the state of the site at present and noise and disturbance to neighbours. 

          RESOLVED that planning permission be refused for the following reasons:

1.      The proposed development would conflict with the HS2 safeguarded route as published, emerging design developments and the Government's objective of delivering HS2, which is a project of national importance. It is considered that revised proposals or mitigation measures could not overcome these fundamental issues. The proposal is therefore contrary to the National Planning Policy Framework (NPPF) and Policy 15 of the Broxtowe Aligned Core Strategy (2014).

2.   The proposed development would expose occupants of the neighbouring residential dwellings to unacceptable noise disturbance from the Class B2 uses due to the orientation of the units and the position of the main goods entrances facing towards residential properties on West End Street. This will result in an unacceptable loss of amenity to occupiers of the residential properties which would be contrary to Policy E34 of the Broxtowe Local Plan (2004), Policy 10 of the Broxtowe Aligned Core Strategy (2014) and the emerging Policy 19 of Part 2 Local Plan (Draft).

Note to Applicant

The Council has tried to act positively and proactively in the determination of this application. However, the Council concluded that the fundamental issues associated with the development could not be overcome by amendments.

Construct single/two storey rear extension, hip to gable

roof extension, bin store, insert windows in the side

elevation and convert single dwelling to 4 apartments

65 Dovecote Lane, Beeston, Nottinghamshire, NG9 1HU

Construct single/two storey rear extension, hip to gable roof extension, bin store, insert windows in the side elevation and convert single dwelling to 4 apartments

65 Dovecote Lane, Beeston, Nottinghamshire, NG9 1HU

Councillor P Lally had requested that this application be determined by the Committee.

There were no late items in respect of the application.

Councillor L A Lally, Ward Member, made representations to the Committee prior to the general debate.

Members debated the item noting the number of apartments, lack of parking facilities, lack of open space and the facilities for refuse.  It was considered that the proposal constituted over development.

RESOLVED that planning permission be refused.

Reason

The proposed development would constitute over intensive development which would be out of character with the area, contrary to Policy 10 of the Broxtowe Core Strategy (2014), Policy H7 of the Broxtowe Local Plan (2004), Policy 17 of the draft Part 2 Local Plan (2018) and the National Planning Policy Framework (2018).

2 storey and single storey side/rear extensions, raise ridge

height, rear dormer window and detached garage

Assarts Lodge, Temple Drive, Nuthall, Nottinghamshire,

NG16 1BH

2 storey and single storey side/rear extensions, raise ridge height, rear dormer window and detached garage

Assarts Lodge, Temple Drive, Nuthall, Nottinghamshire, NG16 1BH

          Councillor P J Owen had requested that this application be determined by the Committee.

          There was a late item in the form of a letter from the Head Teacher of Mornington Primary School which the Committee considered.

          It was noted that the consultation process had taken place during school holidays meaning that there had not been time for the school to put their concerns to the applicant.  It was proposed by Councillor P J Owen and seconded by Councillor R I Jackson that the item be deferred to a later meeting.

          RESOLVED that the application be deferred.

Reason

To allow for discussion between the school, applicant and planners about safeguarding in relation to the school.

Bin store not built in accordance with the approved plans

(16/00646/FUL)

Former Victory Club, Walker Street, Eastwood, Nottinghamshire,

NG16 3EN

Bin store not built in accordance with the approved plans (16/00646/FUL)

Former Victory Club, Walker Street, Eastwood, Nottinghamshire, NG16 3EN

The Committee noted that the bin store at the development had not been constructed in accordance with the plans which were approved under condition 4 of planning reference 16/00646/FUL.  A compromise had been suggested by the developers that the structure be retained, but used as a bicycle store with the bin store relocated 4.5 metres from the boundary with the neighbouring property.

The debate took in considerations such as the point of view of the neighbour, the purpose of the drain in the store and the problems caused by traffic to the site.

          RESOLVED that enforcement action be takendue to the adverse impact of the compound on the amenities of the occupants of 145 Nottingham Road (or for the bin store to be put back in the approved position).

The Committee is asked to NOTE that the position remains unchanged from that reported at its meeting on 22 March 2017.  The Council is not therefore currently at risk of special measures based on the figures reported to Committee on the aforementioned date.

The Committee noted that the position remained unchanged from that reported to it on 22 March 2017 and that the Council was not therefore at risk of special measures based on the figures reported to it on that date.

The Committee noted the appeal decisions taken by the Planning Inspector.

The Committee noted the decisions determined under delegated powers between 7 July 2018 and 10 August 2018.