Agenda and minutes

Planning Committee - Wednesday, 7 June 2023 6.00 pm

Venue: Council Chamber, Council Offices, Foster Avenue, Beeston NG9 1AB

Contact: Email: committees@broxtowe.gov.uk 

Media

Items
No. Item

1.

DECLARATIONS OF INTEREST

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

Minutes:

Councillor P J Bales declared a registrable, non pecuniary interest in item 5.2 as he was the Governor of a school that was in the East Midlands Education Trust, with Awsworth Junior and Infant School.  Minute number 4.2 refers.

 

Councillor D K Watts and Councillor S J Carr declared a non registrable, non pecuniary interest in item 5.3 as they were both members of the same political party as the applicant.  Minute number 4.3 refers.

 

Councillor D Bagshaw declared a non registrable, non pecuniary interest in item 5.3 as he was acquainted with the brother of the applicant through their membership of Eastwood Parish Council.  Minute number 4.3 refers.

 

2.

MINUTES pdf icon PDF 431 KB

The Committee is asked to confirm as a correct record the minutes of the meeting held on 8 March 2023.

Minutes:

The minutes were confirmed and signed as a correct record.

3.

NOTIFICATION OF LOBBYING

Minutes:

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

4.

DEVELOPMENT CONTROL

4.1

APPLICATION NUMBER 22/00767/FUL pdf icon PDF 5 MB

Construct 20 dwellings

Land south of 50 Pinfold Road, Newthorpe, Nottinghamshire, NG16 2FT

Minutes:

Construct 20 dwellings

Land south of 50 Pinfold Road, Newthorpe, Nottinghamshire, NG16 2FT

 

Councillor M Brown requested that this proposal come before Committee.

 

There was a late item comprised of the previous report and it was proposed by Councillor D Baghsaw and seconded by Councillor R S Falvey that there be a brief adjournment to allow the Committee to consider the previous report in detail.  On being put to the meeting the motion was carried.  The meeting resumed thereafter.

 

A statement was read out on behalf of Keith Baker, objecting.  Councillor M Brown, Ward Member, made representation to the Committee prior to the general debate. 

 

After considering all of the representations made to the Committee the main focus of the debate was on the unadopted roads and the lack of storage for wheelie bins on collection day.  There was also a discussion regarding flooding and the missed opportunity to make the homes more energy efficient.

 

It was proposed by Councillor G Marshall and seconded by Councillor D Bagshaw that there be an amendment to condition 10 of the resolution to include storage for bins on collection day.  On being put to the meeting the motion was carried.

 

RESOLVED that planning permission be granted subject to the following conditions and to the prior signing of a Section 106 Agreement.

 

1.

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

 

Reason: 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.

The development hereby permitted shall be carried out in accordance with drawing(s) numbered:

 

Site Location Plan 1: 1250,

Proposed Elevations/Floor Plans, Plots 1 – 2, 5 – 9, 12, 13, 19 and 20, DB/MS/21/16/02 received by the Local Planning Authority 27 September 2022.

 

Proposed Elevations/Floor Plans, Plots 4, 14 – 17, DBMS/21/16/03,

Proposed Elevations/Floor Plans – Plots 10, 11 and 18, DB/MS/21/16/04 received by the Local Planning Authority 01 December 2022. 

 

Proposed Site Section, A-A, B-B and C-C, DB/MA/21/16/05A,

Site Block Plan, DB/MS/21/16/01B received by the Local Planning Authority on 20 December 2022.

 

Reason: For the avoidance of doubt.

 

3.

No development hereby permitted shall commence until wheel washing facilities have been installed on the site. The wheel washing facilities shall be maintained in working order at all times and shall be used by any vehicle carrying mud, dirt or other debris on its wheels before leaving the site so that no mud, dirt or other debris is discharged or carried on to a public road.

 

Reason: In the interest of highway safety.

 

4.

No development within the full planning permission phase hereby approved shall take place until a Construction / Demolition Method Statement has been submitted to and approved in writing by the Borough Council.

The statement shall include:

a) The means of access for construction traffic;

b) parking provision for site operatives and visitors;

c) the loading and unloading of plant and materials;  ...  view the full minutes text for item 4.1

4.2

APPLICATION NUMBER 23/00130/FUL pdf icon PDF 998 KB

Construction of Multi-Use Games Area (MUGA) Facility with 3 metre high perimeter fencing and 4 floodlighting columns

Awsworth Junior and Infant School, The Lane, Awsworth

Minutes:

Construction of Multi-Use Games Area (MUGA) Facility with 3 Metre High Perimeter Fencing and 4 Floodlighting Columns

Awsworth Junior and Infant School, The Lane, Awsworth

 

The application was brought to the Committee at request of Councillor D D Pringle.

 

There were a number of late items, including a car parking plan, consultation responses from partner agencies and objections from neighbours to the proposed development.

 

Ben Painter, on behalf of the applicant, Erica Owen, supporting, Graham Spencer, objecting and Councillor L A Ball BEM, Ward Member, made representation to the Committee prior to the general debate.

 

The Committee considered all of the information pertaining to the proposed development, with specific comments on concerns about community use, car parking spaces and the lack of facilities for those using the MUGA out of school hours.  It was also noted that the MUGA would put the school at the heart of the community and provide a service that would be beneficial to health and wellbeing to the wider population.

 

           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.

 

Reason: 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.

The development hereby permitted shall be carried out in accordance with the lighting plan HLS3565, Site Location Plan and Block plan 20201-16(P)03 /rev P2, Plan of MUGA and Lighting 20201-16(P) 05 P1, Proposed Plan and Elevations of the MUGA and Lighting 20201-16 (P) 06 P2, MUGA dimensions 20201-16 (P) 04 P2, Proposed MUGA and new location of the grass pitch 20201-16 (P) 09 P3 and the Noise Management Plan received by the Local Planning Authority 14 February 2023.  Plan demonstrating car parking arrangement received 11 May 2023.

 

Reason: For the avoidance of doubt.

 

3.

The MUGA and lighting hereby approved shall not be commenced until a community use agreement prepared in consultation with Sport England has been submitted to and approved in writing with the Local Planning Authority.  The agreement shall apply to the MUGA and lighting and include details of pricing policy, hours of use, access by non-educational establishment users, management responsibilities and a mechanism for review.  The development shall not be used otherwise than in strict compliance with the approved agreement.

 

Reason: To secure well managed safe community access to the sports facility, to ensure sufficient benefit to the development of sport and to accord with Policy 25 of the Part 2 Local Plan (2019) and Policy 12 of the Broxtowe Aligned Core Strategy (2014).

 

4.

The MUGA and associated lighting hereby approved shall not be used except between the hours of 08.00 – 20.00 Monday to Friday, and 08.00-18.00 Saturday, Sunday, Bank Holiday and any other public holidays without prior agreement in writing of the Local Planning Authority.

 

Reason: In the interests of the amenities of nearby residents and in accordance with the  ...  view the full minutes text for item 4.2

4.3

APPLICATION NUMBER 22/00696/VOC pdf icon PDF 910 KB

Variation of condition 1 (The development hereby permitted shall be carried out in accordance with the approved plans...) of planning permission reference 21/00023/FUL to regularise the construction of a viewing platform within the lion enclosure and balcony to the north west side of the stable building

Land North of Home Farm Cottage and Park View Cottage, Main Street, Strelley

Minutes:

Variation of condition 1 (The development hereby permitted shall be carried out in accordance with the approved plans...) of planning permission reference 21/00023/FUL to regularise the construction of a viewing platform within the lion enclosure and balcony to the north west side of the stable building

Land North of Home Farm Cottage and Park View Cottage, Main Street, Strelley

 

The application was brought to the Committee at request of Councillor P J Owen.

 

There were a number of late items including comments from the Environmental Health department and a letter from the planning agent.

 

Reece Oliver, the applicant, and Peter Walker, objecting, made representation to the Committee prior to the general debate.

 

Having had due regard for the representations made to it, the Committee debated the safety of the platform, the large size of the platform and the impact of overlooking on neighbours. 

 

RESOLVED that planning permission be refused due to the size and safety of the platform, with the precise wording of the refusal and conditions delegated to the Chair of Planning Committee in agreement with the Head of Planning and Economic Development.

 

Reasons

 

The proposed scheme, by virtue of its siting, size and design, is out of keeping with the area that creates a development at odds with its surroundings, to the detriment of the character and appearance of the area. The proposed development is therefore contrary to Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Broxtowe Part 2 Local Plan (2019).

4.4

APPLICATION NUMBER 23/00078/FUL pdf icon PDF 831 KB

Change of use from dwelling (Class C3) to HMO (Class C4)

126 Central Avenue, Beeston

Minutes:

Change of use from dwelling (Class C3) to HMO (Class C4)

126 Central Avenue, Beeston

 

Councillor S J Carr had requested that this proposal come before Committee.

 

There were no late items.

 

A resident, objecting, made representation to the Committee prior to the general debate.

 

The Committee considered the matter before it with reference to all representations made.  The debate focused on the loss of an affordable family home in an area that was residential in character.  It was considered that allowing further HMO developments would create imbalance in an area where there was sufficient accommodation of this type.  There was also concern about the quality of the housing that was being proposed, as the rooms were very small and the communal areas were felt to be insufficient. 

 

RESOLVED that planning permission be refused due to the impact on the character of the area, the loss of amenity and the loss of an affordable home, with the precise wording of the approval and conditions delegated to the Chair of Planning Committee in agreement with the Head of Planning and Economic Development.

 

Reasons

 

The proposed change of use from dwelling house (C3) to House in Multiple Occupation (C4) would, by virtue of a loss of housing suitable for family occupation, have a detrimental impact on the character of the area and, due to lack of parking created to meet the needs of a HMO, would pose a significant highway safety concern. As such it is considered that the proposed change of use would upset the residential profile in terms of character as well as resulting in potential negative impacts affecting on-street parking. The proposal would therefore be contrary to Policy 8 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Broxtowe Part 2 Local Plan (2019).

 

NOTE TO APPLICANT

 

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

 

It was proposed by Councillor P A Smith and seconded by Councillor D Bagshaw that there be a brief recess.  On being put to the meeting the motion was carried and the meeting resumed thereafter.

 

4.5

APPLICATION NUMBER 22/00799/FUL pdf icon PDF 2 MB

Construction and operation of two adjacent Battery Energy Storage Systems (BESS) facilities operating at different voltages (132kV and 33kV) in order to fully support the local electricity network. Both facilities are adjacent to each other within a single new overall site compound comprising: the erection of battery containers, switchgear containers, inverters, control building, and new substations; installation of new underground cable circuits to connect the new BESS substations; improvements to access from Common Lane; establishing new internal access roads, resurfaced compound, and turning area; installation of perimeter fencing and access gate; associated ground works; and landscaping.

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

Minutes:

Construction and operation of two adjacent Battery Energy Storage Systems (BESS) facilities operating at different voltages (132kV and 33kV) in order to fully support the local electricity network. Both facilities are adjacent to each other within a single new overall site compound comprising: the erection of battery containers, switchgear containers, inverters, control building, and new substations; installation of new underground cable circuits to connect the new BESS substations; improvements to access from Common Lane; establishing new internal access roads, resurfaced compound, and turning area; installation of perimeter fencing and access gate; associated ground works; and landscaping.

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

 

The item was brought before Committee at the request of Councillor D K Watts and because the proposal was a departure from the Broxtowe Part 2 Local Plan 2019.

 

There were a number of late items put to the Committee for consideration including a submission from the Bramcote Forum, five objections to the scheme and a note regarding process should the application be approved.

 

Glynn Jones, the applicant, Anne Whitting – Smith, objecting and Councillor Andrew Kingdon, Ward Member, made representation to the Committee prior to the general debate.

 

The Committee gave consideration to all of the representations before it, with specific reference to the very special circumstances (VSC) required to build in the Green Belt the focus of the debate.  It was noted that in the alternative sites assessment, no other Green Belt sites had been considered and there was concern that there had been a failure to demonstrate that the site was the most appropriate, in spite of the possible harm to the Burnt Hill prominent area for special protection. 

 

The debate moved on to the visibility of the site and it’s impact on the openness and amenity of the Green Belt, especially when travelling from South to North.  There was also concern about the ecology of the site, though it was noted that the site was not habitat diverse.  Discussions progressed on to the climate crisis and the importance of infrastructure for renewable energy. 

 

There were also concerns about the access for plant vehicles to the site via Town Street and Common Lane, flooding in the vicinity of the site on the A52.

 

RESOLVED that planning permission be refused with the precise wording of the refusal, to include the impact of the openness and the amenity of the Green Belt, to be delegated to the Chair of Planning Committee in agreement with the Head of Planning and Economic Development.

 

Reasons

 

1.       The site lies within the Nottinghamshire Green Belt where inappropriate development is by definition harmful and should not be approved except in very special circumstances. In the opinion of the Local Planning Authority that the proposed development represents inappropriate development and it is considered that very special circumstances have not been demonstrated to justify the granting of planning permission in this instance. The application is therefore not in accordance with Policy 3 - The Green Belt of the Broxtowe Aligned Core Strategy  ...  view the full minutes text for item 4.5

4.6

APPLICATION NUMBER 23/00051/REG3 pdf icon PDF 1 MB

Demolition of existing changing pavilion and construct community leisure pavilion together with associated external works including installation of MUGA

Pavilion, Hickings Lane Recreation Ground, Hickings Lane, Stapleford, Nottinghamshire

Minutes:

Demolition of existing changing pavilion and construct community leisure pavilion together with associated external works including installation of MUGA and replacement of skate park with community garden.

Pavilion, Hickings Lane Recreation Ground, Hickings Lane, Stapleford, Nottinghamshire

 

The application was brought to the Committee because the applicant is the Council.

 

There were a number of late items for the Committee to consider, including an objection from Sport England, objections from a resident and a community group and a number of corrections to the report.

 

Jonathon Little, on behalf of the applicant and Richard Kane, objecting, made representation to the Committee prior to the general debate.

 

Having given due weight to all the representations made to the Committee debate focused on the importance of investing in Stapleford, and balancing that with the changes that had been made to the proposal due to building costs.  There was concern about possible sites for the relocation of the Cricket Club and it was noted that there was a condition pertaining to 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 this permission.

 

Reason: 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.

The development hereby permitted shall be carried out in accordance with the following plans:

 

·       Site Location Plan

·       Utility Survey 45652_T_UG Rev. 0

·       Topographical Survey 45652_T Rev. 0

·       Existing Site Plan 0101 Rev. P02

·       Existing Building 0016 Rev. P01

 

(All received by the Local Planning Authority 19/01/23)

 

·       Proposed Floor Plans 0010 Rev. P06

·       Proposed Roof Level Plan 0012 Rev. P04

·       Proposed Elevations 0015 Rev. P05

 

(All received by the Local Planning Authority 04/05/23).

 

·       Proposed Site Plan 0102 Rev. P06

 

(Received by the Local Planning Authority 25/05/23).

 

Reason: For the avoidance of doubt.

 

3.

No development above slab level shall commence until samples/details of the proposed external facing materials have been submitted to and agreed in writing by the Local Planning Authority and the development shall be constructed only in accordance with those details.

 

Reason: To ensure the satisfactory appearance of the development in accordance with Policy 10 – Design and Enhancing Local Identity of the Aligned Core Strategy Part 1 Local Plan 2014 and Policy 17 - Place-making, Design and Amenity of the Broxtowe Part 2 Local Plan 2019.

 

4.

a) No part of the development hereby approved shall be commenced until an investigative survey of the site has been carried out and a report submitted to and approved in writing by the Local Planning Authority.  The survey must have regard for any potential ground and water contamination, the potential for gas emissions and any associated risk to the public, buildings and/or the environment.  The report shall include details of any necessary remedial measures to be taken to address any contamination or other identified problems.

 

b) No building to be erected pursuant to this permission shall  ...  view the full minutes text for item 4.6

4.7

APPLICATION NUMBER 23/00082/FUL pdf icon PDF 440 KB

Construct single storey extension with mezzanine level to west elevation following demolition of existing conservatory.

Cochon Villa, Grange Estate, Robinettes Lane, Cossall, Nottinghamshire, NG16 2RX

Minutes:

Construct single storey extension with mezzanine level to west elevation following demolition of existing conservatory

Cochon Villa, Grange Estate, Robinettes Lane, Cossall, Nottinghamshire, NG16 2RX

 

This application was brought before Committee by Councillor D D Pringle.

 

There were no late items.

 

Martin Byrne, the applicant, made representation to the Committee prior to the general debate.

 

It was noted that the proposed development would not impact on the openness or amenity of the Green Belt.

 

          RESOLVED that the application be approved, with the precise wording of the approval and conditions delegated to the Chair of the Planning Committee in conjunction with the Head of Planning and Economic Development.

 

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 received by the Local Planning Authority 2 March 2023, proposed elevations and floor plans GD/MMA/22/018/02 received by the Local Planning Authority 23 February 2023.

 

3.       The extensions hereby approved shall be constructed using bricks and tile of a type, texture and colour so as to match those of the existing dwelling

 

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 ensure the development presents a satisfactory standard of external appearance, in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019).

 

Note to Applicant

 

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

 

5.

INFORMATION ITEMS pdf icon PDF 310 KB

5.1

APPEAL DECISION 21/00849/FUL pdf icon PDF 242 KB

Minutes:

The appeal decision pertaining to Land to Rear of 179 High Road, Chilwell

Nottinghamshire, NG9 5BA was noted.

5.2

APPEAL DECISION 22/00227/CLUP pdf icon PDF 84 KB

Minutes:

The appeals decision regarding 25 Broadgate, Beeston was noted.

5.3

APPEAL DECISION 22/00421/FUL pdf icon PDF 80 KB

Minutes:

The appeal decision regarding 86 Baker Road, Newthorpe, Nottinghamshire, NG16 2DP was noted.

5.4

APPEAL DECISION 22/00548/FUL pdf icon PDF 84 KB

Minutes:

The Committee noted the appeal regarding land opposite 7 Coopers Green, Beeston, Nottinghamshire, NG8 2RP.

5.5

Delegated Decisions pdf icon PDF 570 KB

Minutes:

The delegated decisions were noted.