Agenda and minutes

Planning Committee - Wednesday, 5 July 2023 6.00 pm

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

Contact: Email: committees@broxtowe.gov.uk 

Media

Items
No. Item

6.

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 D Bagshaw declared a disclosable pecuniary interest in item 5.1. as he was in consultation with the agent. Minute number 9.1 refers.

 

Councillor R Bullock declared a non-registerable interest in item 5.1, as he was pre-determined.  Minute number 9.1 refers.

7.

MINUTES pdf icon PDF 429 KB

The Committee is asked to confirm as a correct record the minutes of the meeting held on 7 June 2023.

Minutes:

The minutes of the meeting on 7 June 2023 were confirmed and signed as a correct record.

8.

NOTIFICATION OF LOBBYING

Minutes:

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

9.

DEVELOPMENT CONTROL

9.1

22/00894/REM pdf icon PDF 3 MB

Construct 104 dwellings (reserved matters access, appearance, landscaping, layout and scale, Planning reference 20/00844/OUT)

Former site of Lynncroft Primary School, Lynncroft, Eastwood, Nottinghamshire

Minutes:

Construct 104 dwellings (reserved matters access, appearance, landscaping, layout and scale, Planning reference 20/00844/OUT) 

Former site of Lynncroft Primary School, Lynncroft, Eastwood, Nottinghamshire

 

This application was brought to the Committee as it was a reserved matters application for a major residential development.

 

There was a late item comprise of a correction, which clarified the number of units was 104. 

 

Katy Falls, on behalf of the applicant, Steve Willgoose, objecting and Councillor R Bullock, Ward Member, gave representation to the Committee prior to the general debate.

 

During the debate, the Committee gave due consideration to all of the information that had been presented to it, with particular reference to the impact on privacy the proposed houses would have on existing residents, who would be overlooked. There was also concern about un-adopted roads, traffic, access and the mix of affordable housing on the site. It was noted that the affordable housing should not be differentiated by look or style from the other housing on the site.

 

It was proposed by Councillor S J Carr and seconded by Councillor G Marshall that the item be deferred to allow the developer to give consideration to the configuration of the proposed development in order to address concerns about privacy and overlooking and to improve the mix of affordable housing.  On being put to the meeting the motion was carried.

 

          RESOLVED that the item be deferred.

 

Reasons

 

To allow the developer to give consideration to the configuration of the proposed development in order to address concerns about privacy and overlooking and to improve the mix of affordable housing.

 

(Having declared a pecuniary interest in the item, Councillor D Bagshaw vacated the Chair for the duration of the item, did not participate in the debate and did not vote thereon.  In the absence of the Vice Chair it was proposed by Councillor P A Smith and seconded by Councillor G Marshall that Councillor P Bales take the Chair for this item.  On being put to the meeting the motion was carried.

         

          RESOLVED that Councillor P Bales take the Chair for the duration of the item.

 

Having declared himself pre-determined, Councillor R Bullock made representation to the Committee as a Ward Member and left the meeting for the duration of the debate on the item and did not vote thereon.)

9.2

23/00118/FUL pdf icon PDF 1 MB

Construct one single storey dwelling, following demolition of existing equestrian structures

Site of Former Stables and Land North West of 22 Westby Lane, Babbington Village

Minutes:

Construct one single storey dwelling, following demolition of existing equestrian structures

Site of Former Stables and Land North West of 22 Westby Lane, Babbington Village

 

The application was brought to the Committee at request of former Councillor M J Crow.  The request was made prior to the 4 May 2023 Elections.

 

The Committee noted the late item, which was a comment about highway safety.

 

There were no public speakers.

 

Having duly noted all of the submissions made to it, the Committee debated the item, specifically the volume of the proposal and whether permitted development rights could mean the property could be increased in size in future.  The Committee also discussed the style of the proposal.

 

It was proposed by Councillor P Bales and seconded by Councillor G Bunn that there be a condition on the planning permission, should it be passed, to remove permitted development rights.  On being put to the Committee the motion was carried.

 

            RESOLVED that there be a condition on the planning permission, should it be passed, to remove permitted development rights. 

 

            RESOLVED that planning permission, with the amendment to include a condition removing permitted development rights, 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.

This permission shall be read in accordance with the following plans: 221162_001_Existing Site and Location Plan A, 221162_002_Existing Floor Plan and Elevations A, 221162_003_Proposed Site and Location Plan A, 221162_005_Proposed Elevations A (Received by the Local Planning Authority 07/03/23), 221162_004_Proposed Ground Floor Plan (Received by the Local Planning Authority 10/02/23).

 

Reason: To ensure that the development takes the form envisaged by the Local Planning Authority when determining the application.

 

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.

No development shall commence (excluding the demolition of existing structures and site clearance) until;

 

a)    a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity; and

b)    any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. 

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK  ...  view the full minutes text for item 9.2

9.3

23/00201/FUL pdf icon PDF 556 KB

Retain agricultural barn and alteration of land levels (revised scheme)

Land Off Westby Lane Babbington Village Nottingham

Minutes:

Retain agricultural barn and alteration of land levels (revised scheme)

Land Off Westby Lane Babbington Village Nottingham

 

The application is brought to the Committee at request of former Councillor S Easom.  The request was made prior to the Election of 4 May 2023.

 

There were no late items for the Committee to consider.

 

Michael Fravolini, the applicant made representation to the Committee prior to the general debate.  A statement was read out on behalf of Joanna Shaw, objecting.

 

Having given due regard to the submissions made to it, the Committee debated the item, noting in particular, the appearance and size of the barn, which was considered to be detrimental to the openness and amenity of the green belt.  The untidy nature of the site and the appearance of the gates were also discussed.

 

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

 

1.

 

The development hereby permitted shall be commenced within one month of the date of this permission with works to the barn shall be completed within three months of the date of the 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.

Within one month of the completed development the site shall be cleared of any material not associated with the permitted use as an agricultural barn, and the metal gate shall be removed and replaced with traditional farm gate, the details of which shall be agreed in accordance with condition 3. 

 

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.

 

3.

Before the installation of the replacement farm gate, details shall be submitted to the Local Planning Authority and approved in writing.  The gate shall be installed within one month of the completion of the barn. 

 

Reason: To ensure a satisfactory standard of external appearance and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

 

4.

The development hereby permitted shall be carried out in accordance with drawing PG/MF/2022/002/02 Rev B and site location plan received by the Local Planning Authority on 11 July 2022 and the supporting Agricultural Statement received by the Local Planning Authority on 9 March 2023

 

Reason: For the avoidance of doubt.

 

5.

 

 

 

No part of the development hereby approved shall be brought into use 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.

 

No building to be erected pursuant to this permission shall be  ...  view the full minutes text for item 9.3

9.4

23/00141/FUL pdf icon PDF 1 MB

Retention of two storey side/rear, single storey front and rear extensions, boundary fence and loft conversion with rear dormer.  Change of use of resulting building to 5 bed HMO and 1 bed apartment.

2 Gwenbrook Road, Chilwell, Nottinghamshire NG9 4AZ

Minutes:

Retention of two storey side/rear, single storey front and rear extensions, boundary fence and loft conversion with rear dormer.  Change of use of resulting building to 5 bed HMO and 1 bed apartment

2 Gwenbrook Road, Chilwell, Nottinghamshire NG9 4AZ

 

Former Councillor E Kerry has requested this application be determined by Committee on behalf of former Councillor P Roberts-Thompson.  The request was made prior to the Elections of 4 May 2023, when both were in office.

 

There were no late items and no public speakers.

 

The Committee considered all of the information before it.  There was concern about the lack of car parking spaces and that this would cause an amenity issue for local residents.  There was also concern about the large expanse of driveway and the problems for drainage that this could present. 

 

It was proposed by Councillor G Bunn and seconded by Councillor D K Watts that should planning permission be granted, a condition be added requiring that the driveway be constructed from permeable material to ensure that there was sufficient drainage.  On being put to the meeting the motion was carried.

 

            RESOLVED that should planning permission be granted, a condition be added requiring that the driveway be constructed from permeable material to ensure that there was sufficient drainage. 

Recommendation

 

RESOLVED that planning permission, as amended to include a condition be added requiring that the driveway be constructed from permeable material, be granted subject to the following conditions.

 

1.         The development hereby permitted shall be retained in accordance with drawing numbers 21/532/04 received by the Local Planning Authority on 17 February 2023, 22/532/03 and 22/532/06 received by the Local Planning Authority on 3 April 2023 and 22/532/07 received by the Local Planning Authority on 12 April 2023, and 22/532/02G received by the Local Planning Authority on 7 June 2023.

 

Reason: For the avoidance of doubt.

 

2.         Prior to the occupation of the development the frontage parking area shall be constructed with drainage provision to prevent the unregulated discharge of surface water to the public highway. The provision to prevent the unregulated discharge of surface water to the public highway shall then be retained for the life of the development.

 

Reason: In the interests of highway safety and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019).

 

3.         Prior to first occupation the parking area to the front shall be removed and replaced with a permeable surface and a system of surface water drainage, the details of which shall first be submitted to, and approved in writing by, the Local Planning Authority. The parking area, as approved, shall be installed prior to the occupation of the development and be retained in accordance with the approved details

 

 

            NOTES 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.

9.5

23/00228/FUL pdf icon PDF 480 KB

Construct single storey rear extension

85 Nottingham Road, Nuthall, Nottinghamshire, NG16 1DN

Minutes:

Construct single storey rear extension

85 Nottingham Road, Nuthall, Nottinghamshire, NG16 1DN

 

Councillor P J Owen had asked that this application be considered by the Committee.

 

There were no late items.

 

Mr R Terry, the applicant, made representation to the Committee prior to the general debate.

 

Having considered all representations made to it, the Committee debated the application with particular reference to the limited impact the proposed development would have on the openness and amenity of the green belt.

 

            RESOLVED that the application be granted, with the specific wording of the approval and conditions, including those on plans, time and materials, be delegated to the Chair of the Planning Committee in agreement 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 Block Plan, Proposed Floor Plan (Drawing Number 23/1097/01), Proposed Elevations and Roof Plan (Drawing Number 23/1097/03), Existing Elevations and Location Plan (Drawing Number: 23/1097/102) received by the Local Planning Authority on 30 March 2023.

 

3.      The single storey rear extension shall be constructed using materials to match the existing house and as specified in the application form received by the Local Planning Authority on 30 March 2023, unless otherwise agreed in writing by the Local Planning Authority.

 

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 a satisfactory standard of external appearance and in accordance with the aims of Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Policy 10 of the Aligned Core Strategy (2014).

9.6

23/00080/FUL pdf icon PDF 721 KB

Construct two storey and single storey side extensions

6 Ilkeston Road, Stapleford, Nottinghamshire, NG9 8JL

Minutes:

Construct two storey and single storey side extensions

6 Ilkeston Road, Stapleford, Nottinghamshire, NG9 8JL

 

The application was brought to the Committee at request of Councillor J W McGrath.

 

There were no late items.


Shane Humphries, the applicant, addressed the Committee prior to the general debate.

 

The Committee, having considered all the information before it, debated the item including the size and scale of the proposed extension, the impact of this of neighbouring properties, that there were no objections from neighbours and that the proposed boundary wall of the development was no closer to neighbours than the existing wall.

 

            RESOLVED that the application be granted, with the specific wording of the approval and conditions, including those on plans, time and materials, be delegated to the Chair of the Planning Committee in agreement 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, proposed block plan and roof plan SC1222/512, proposed elevations and floor plan SC1222/512 and proposed and existing elevations SC1222/512 received by the Local Planning Authority 7 March 2023.

 

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

 

4.       The first floor window in the western shall be obscurely glazed to Pilkington Level 4 or 5 (or such equivalent glazing which shall first have been agreed in writing by the Local Planning Authority) and retained in this form 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 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).

 

4.       In the interests of privacy and amenity for nearby residents and in accordance with the aims of Policy 17 of the Part 2 Local Plan (2019) Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

Note to Applicant

 

1.       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 0345 762 6848.

 

Further information is also available on the Coal Authority website at:

www.gov.uk/government/organisations/the-coal-authority

 

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

10.

INFORMATION ITEMS

10.1

APPEAL DECISION 22/00030/FUL pdf icon PDF 190 KB

Minutes:

The Committee noted the report regarding land between 10 – 12, Chetwynd Road, Toton.

10.2

APPEAL DECISION 22/00125/FUL pdf icon PDF 220 KB

Minutes:

The Committee noted the report regarding land between Styring Street and Station Road, Station Road, Beeston.

 

It was asked that it be placed on record that the Committee was displeased with the decision of the Inspector.

10.3

DELEGATED DECISIONS pdf icon PDF 287 KB

Minutes:

The Committee noted the report.

 

11.

EXCLUSION OF PUBLIC AND PRESS

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 and 3 of Schedule 12A of the Act.

 

Minutes:

RESOLVED 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 and 3 of Schedule 12A of the Act.

12.

PLANNING ENFORCEMENT SERVICE UPDATE

Minutes:

The Committee noted the report.