Agenda and minutes

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

There were no declarations of interest.

The Committee is asked to confirm as a correct record the minutes of the       meeting held on 9 January 2019.

The minutesof themeetingon 9 January 2019wereconfirmedandsignedas a correctrecord.

The   Committee   received   notifications   of   lobbying   in   respect   of   the   planningapplicationssubjecttoconsiderationat themeeting.

This item is brought to Committee to make a diversion Order under the Town and Country Planning Act 1990 following an application received by the Council for a public path diversion order to stop up and divert part of Beeston footpath number 55 to allow for development to take place.  The existing footpath runs through the former Myfords site on Wilmot Lane.

The item was brought to Committee to make a Diversion Order under the Town and Country Planning Act 1990 following an application for a public path diversion order to stop up and divert Beeston footpath number 55 to allow for development to take place. 

RESOLVED that the public path diversion order be made.

Enhanced drainage/biodiversity attenuation storage infrastructure works common to application reference 15/00010/FUL to ensure direct downstream discharge of surface water from the new proposed developments to the existing watercourse

Land off Thorn Drive and West of the Pastures, Thorn Drive, Newthorpe

Enhanced drainage/biodiversity attenuation storage infrastructure works common to application reference 15/00010/FUL to ensure direct downstream discharge of surface water from the new proposed developments to the existing watercourse

Land off Thorn Drive and West of the Pastures, Thorn Drive, Newthorpe

The application had been brought before Committee because of the history of the site and previous Councillor involvement with the linked application for 67 houses on land at Acorn Avenue.

The lateitemsforthisitem werenoted,includingan amended note to the applicant and an additional response from a resident’s spokesperson.

There were no public speakers.

The Committee considered the application, including the section 106 agreement which would see the land that the attenuation facility was on handed over to the Council and an additional £100,000 for flood mitigation measures.  It was noted that the scheme was independent from the wider flood mitigation strategy, but that it would not be an impediment to any future flood mitigation measures. 

Debate moved on to the length of time that it had taken to build the scheme and the safety of the attenuation pond.  

RESOLVED thatplanningpermissionbe grantedsubject tothe followingconditions:

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 drawings numbered AAGDR03-SLP Rev G received by the LPA on 28 January 2019 and 07282/100 Rev O, received by the Local Planning Authority on 9 January 2019, 07282/146 Rev I and AAGDR11-DSBP Rev A, received by the Local Planning Authority on 1st November 2018 and 078282/140 Rev N and 07282-125 Rev B received by the Local Planning Authority on 10th October 2018.  The proposed turfed areas shall consist of a wetland mix and details of this and the proposed hedgerows shall first be submitted to and approved in writing by the LPA.    

3.     The approved landscaping scheme shown on plan AAGDR03-SLP Rev G shall be carried out not later than the first planting season following the substantial completion of the development and any trees or plants which, within a period of 5 years, die, are removed or have become seriously damaged or diseased shall be replaced in the next planting season with ones of similar size and species to the satisfaction of the Local Planning Authority.

4.     Details of the proposed fencing and any access points surrounding the attenuation feature shall first be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full prior to the first planting season following the substantial completion of the development.

Reasons

1.     In accordance with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory  ...  view the full minutes text for item 50.1

Change of use from retail (Class A1) to hot food takeaway (Class A5)

42 Derby Road, Stapleford, Nottinghamshire, NG9 7AA

Change of use from retail (ClassA1) tohot food takeaway (Class A5)

42 Derby Road, Stapleford, Nottinghamshire, NG9 7AA

CouncillorJ W McGrath had requested that thisapplicationbe determinedby PlanningCommittee.

There was one late item, a written statement from CouncillorJ W McGrath, which was considered by the Committee.

There were no public speakers.

The Committee considered that the changing nature of the high street meant that there were fewer traditional businesses such as butchers and more restaurants and food service venues.  The plan for Stapleford Town Centre was also noted, as it had looked in detail at bringing empty shop units back into use.  There was a discussion about deliveries and it was noted that there was a no stopping area in front of the unit.

It was proposed by Councillor R D MacRae and secondedby CouncillorG Marshall thatthe itembedeferredto allow for Stapleford Town Council to have a meeting at which the proposal was discussed.  It was noted that Stapleford Town Council had been consulted as part of the planning process.  On being put to the meeting the motion fell.

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’ (18902 01), the ‘Site Plan’ (18902 02) and the ‘Existing and Proposed Plans and Elevations’ (18902 101) received by the Local Planning Authority on 27 December 2018.

3.     No development shall commence until details of the storage of waste on the site have been submitted to and approved in writing by the Local Planning Authority. The storage of waste shall take place in accordance with the agreed details.

4.     No development shall commence until details of suitable ventilation and filtration equipment have been submitted to and approved in writing by the Local Planning Authority. The ventilation and filtration equipment shall be installed in accordance with the agreed details.

5.     The use hereby permitted shall not be open to customers, nor be open for takeaway deliveries, except between 10.00 – 00.30 hours.

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 submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory in the interests of the amenities of nearby residents  ...  view the full minutes text for item 50.2

Variation of condition 1 (the development shall be carried out in accordance with the proposed location plan and floor plans…) of planning ref: 17/00245/REM

178 Moorgreen, Newthorpe, Nottinghamshire, NG16 2FE

Variation of condition 1 (the development shall be carried out in accordance with the proposed location plan and floor plans…) of planning ref: 17/00245/REM

178 Moorgreen, Newthorpe, Nottinghamshire, NG16 2FE

This application had been referred to the Committee for consideration by Councillor M Handley.

In respect of late items there was an email from the agent that was given due consideration by the Committee.

There were no public speakers.

It was noted that the application sought to regularise the building which had taken place at odds with the original planning application, namely the roof lights and differences to window and door heights.

The Committee discussed the appearance of the building and the need to protect the Green Belt. 

Concerns were raised by members of the Committee that when the original proposal to construct the dwelling was approved by the Committee in 2016 that the decision was taken on the basis that a bungalow was required for the applicant’s specific needs, as documented in the Planning Committee minutes from the 9 November 2016. It was noted that the dwelling as constructed has roof lights and a stair case to provide first floor accommodation and therefore had not been built in accordance with the approved plans and does not reflect the specific needs of the applicant. The Committee felt that the way the building had been erected meant that very special circumstances were not demonstrated for the building as constructed, and the dwelling was therefore inappropriate development that would be harmful to the openness of the Green Belt.

As the dwelling has not been constructed in accordance with the approved plans it was felt that enforcement action would be justified.

RESOLVED thatplanningpermission be refused and enforcement action be taken, with the precise wordingof therefusalto bedelegatedto theChair ofthe PlanningCommittee and the Head ofNeighbourhoodsand Prosperity.

          Reason

The dwelling as erected is inappropriate development that would be harmful to the openness of the Green Belt. No very special circumstances have been demonstrated to override the presumption against inappropriate development in the Green Belt and the development is therefore not in accordance with Policy E8 of the Broxtowe Local Plan (2004) and the Broxtowe Draft Part 2 Local Plan (2018) Policy 8.

Change of use from public house (Class A4) to a House in Multiple Occupation comprising 3 flats (total 18 bedrooms) including side extension above flat roof, dormers to front and rear and external alterations

Queens Hotel, 189 Queens Road, Beeston, NG9 2FE

Change of use from a public house (Class A4) to a house in multiple occupation comprising of three flats (total 18 bedrooms) including side extension above flat roof, dormers to front and rear and external alterations

Queens Hotel, 189 Queens Road, Beeston, NG9 2FE

CouncillorP Lally hadaskedthatthisapplicationbedeterminedby theCommittee.

There wereno lateitems fortheCommitteetotake noteof.

Mr Matthew Roberts,objectingand CouncillorL A Lally,WardMember,maderepresentationsto theCommitteepriortothegeneraldebate.

The debate considered concerns over the lack of car parking for the scheme, emergency access and over development.  There was also concern about the number of conversions to houses in multiple occupation that were taking place in the Beeston area.  There was a discussion regarding the outbuilding and whether that could be demolished to accommodate further car parking spaces.   

It was proposed by Councillor R I Jackson and seconded by Councillor P J Owen that the application be deferred.

RESOLVEDthat theapplicationbe deferred.

Reason

To allowfordiscussionwithapplicantabout the provisionof more parkingon siteand reductioninthe intensity of the development.

Installation of a natural gas energy facility and associated infrastructure

Land off Long Lane, Watnall, Nottinghamshire, NG16 1HY 

Installation of a natural gas facility and associated infrastructure

Land off Long Lane, Watnall, Nottinghamshire

CouncillorJ M Owen hadrequestedthat thisapplicationbedeterminedby PlanningCommittee.

Therewas a late item pertaining to a change to condition 5.

Mr Ed Jessamine, theapplicant, maderepresentationto theCommitteepriortothegeneraldebate.

The application sought to install 20 generators, 20 transformers, a gas kiosk, a security fence and office.

The Committee noted that the installation had a lifespan of 40 years, that the generators would not be environmentally friendly and that the height of some of the proposed structures was around 13 feet tall.  There was concern that, by refusing to allow the development there was no potential for transitioning to a low carbon economy in future.  It was concluded the development constituted inappropriate development within the Green Belt and that very special circumstances had not been demonstrated. 

RESOLVED thatplanningpermission be refused, with the precise wordingof therefusalto bedelegatedto theChair ofthe PlanningCommittee and the Head ofNeighbourhoodsand Prosperity.

Reasons

The site lies within the Nottinghamshire Green Belt, within which there is a clear presumption against 'inappropriate' development. The proposed development amounts to inappropriate development in the Green Belt, and is harmful to the openness of the Green Belt due to the size of the 20 generators and associated equipment which amounts to an additional encroachment into the countryside. In the opinion of the local planning authority, the applicant has not demonstrated that very special circumstances exist such as to warrant treating this proposal as an exception. The development would, therefore, be contrary to Policy E8 of the Broxtowe Local Plan, Policy 8 of the Broxtowe Part 2 Local Plan (2018) and the National Planning Policy Framework.

Construct seven dwellings, including associated access road, garaging, parking and landscaping

Southfields Farm, Common Lane, Bramcote, Nottinghamshire, NG9 3DT

Construct seven dwellings, including associated access road, garaging, parking and landscaping

Southfields Farm, Common Lane, Bramcote, Nottinghamshire, NG9 3DT

With the permission of the Chair, thisapplicationwasdeferred prior to the meeting as the site visit could not take place as planned.

Change of use of 28 flats (Class C3) to student accommodation (17 cluster flats) and construction of 3 cluster flats (providing 83 bed spaces in total)

Neville Sadler Court, Beeston, Nottinghamshire, NG9 2EW

Changeof useof 28flats(ClassC3)to studentaccommodation(17cluster flats)and constructionof3 clusterflats(providing83 bedspacesin total)

NevilleSadlerCourt,Beeston,Nottinghamshire,NG9 2EW

The item had been brought before Committee by Councillor P Lally.

There was a late item in the form of an amendment to condition 2, which was noted by the Committee.       

Mr David Hargreaves, the applicant and Councillor L A Lally, Ward Member, addressed the Committee prior to the general debate.

The Committee noted that an additional four car parking spaces had been provided, but there was still concern that this was not adequate.  There was a discussion about the saturation of certain parts of Beeston with student accommodation and that the character of the area was being negatively impacted by this.

          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 the permission.

2.     The development hereby permitted shall be carried out in accordance with drawing numbers: 007 Rev H and 009 Rev A received by the Local Planning Authority on 13 November 2018, drawing number: 008 Rev I received by the Local Planning Authority on 11 December 2018 and drawing numbers: 005 Rev P and 006 Rev K received by the Local Planning Authority on 24 January 2019.

3.     No development, including site clearance, shall commence until wheel washing facilities have been installed on site in accordance with details first submitted to and approved in writing by the Local Planning Authority.  The wheel washing facilities shall be maintained in working order at all times.

4.     No development hereby approved shall commence until a detailed construction plan has been submitted to and approved in writing by the Local Planning Authority.  This plan shall outline access and egress arrangements with specific regard to preventing any damage or disruption to the operating procedures of the adjacent Nottingham Express Transit route.

5.     No development shall commence until a detailed surface water drainage scheme based on the principles set out in the approved Flood Risk Assessment (prepared by Armstrong Stokes & Clayton Limited, ref: SWI100/FRA Rev A, dated December 2018) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details prior to completion of the development. The scheme to be submitted shall:

(i)         Provide detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details on any attenuation system, and the  ...  view the full minutes text for item 50.7

Construct replacement stable block

69 Hobsic Close, Brinsley, Nottinghamshire, NG16 5AX

Construct replacement stable block

69 Hobsic Close, Brinsley, Nottinghamshire, NG16 5AX

The application sought permission to construct a stable block to replace the existing timber stable on the site, which operated as an animal rescue centre. The proposed stable was of a similar size, but more in keeping with the character of the surroundings.

There were no late items for consideration in conjunction with this item. 

Mr Jon Beresford, the applicant and Mr Ian Stapleton, objecting, addressed the Committee prior to the general debate.

It was agreed by the Committee that the work of the animal rescue centre, only 10% of which was in the Green Belt, represented very special circumstances.  It was also noted that the proposed development was not considered to impact on the openness of the Green Belt.  However, the impact on neighbour amenity was noted, though it was considered that the improvements to the stables could reduce the amount of mud and oil that was being spilt because of the hard standing.  Discussion progressed on to practical means by which to reduce the spread of mud from the site on to the public highway. 

It was proposed by Councillor M Radulovic MBE and Councillor D Bagshaw that a condition be added to include the provision of a wheel washing facility.  On being put to the meeting the motion was carried. 

          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 drawing number KJ2725/02 REV E (1:50, 1:100, 1:200); received by the Local Planning Authority on 23 November 2018.

3.     All waste resulting from the development hereby permitted shall be removed from the site. There shall be no long term storage, burning, incineration or any other means of waste disposal on this site. This means of disposal of waste shall continue throughout the duration of the use

4.     The development hereby permitted shall be constructed using red facing brickwork (south and east facing elevations), block work (north and west elevations), and Staffordshire blue tiles.

5.     Prior to the first use of the development hereby approved details of wheel washing facilities shall be submitted to and approved in writing by the Local Planning Authority. The approved wheel washing facilities shall be installed prior to the first use of the development and shall remain in place for the lifetime of the development.

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.     To protect the immediate residents from operational odour.

4.     To ensure a satisfactory standard of external appearance and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Broxtowe Draft Part 2 Local Plan (2017).

5. To reduce the possibility  ...  view the full minutes text for item 50.8

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 Committeenotedthat thepositionremainedunchangedfrom thatreportedtoit on 22March2017 andthattheCouncilwas notthereforeat riskof specialmeasuresbasedon thefiguresreportedto iton thatdate.

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

The Committeenotedthe decisionsdeterminedunderdelegatedpowers between22 December 2018 and 18 January 2019.

The Committee is asked to RESOLVE that, under Section 100A of the Local Government Act, 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1, 2, and 3 of Schedule 12A of the Act.

RESOLVEDthat, underSection100A ofthe LocalGovernmentAct, 1972,the publicandpressbe excludedfromthe meetingfor thefollowingitemof businesson thegroundsthat itinvolvedthelikelydisclosureofexemptinformationas definedinparagraphs 1, 2 and 3of Schedule12A ofthe Act.

High hedge remedial notice

86 Central Avenue, Beeston, Nottingham, NG9 2QS

RESOLVED that direct action be taken and that works in default are carried out to remove the trees in question and that a charging order be placed against the property only for the monies equivalent to reducing the trees to 7.5m in height, should the invoice remain unpaid.