Agenda and minutes

Planning Committee - Wednesday, 6 September 2023 6.00 pm

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

Contact: Email: committees@broxtowe.gov.uk 

Media

Items
No. Item

18.

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 had been in consultation with the agent. He added that he felt he was predetermined.  Minute number 21.1 refers.

19.

MINUTES pdf icon PDF 227 KB

The Committee is asked to confirm minutes of the meeting held on 26 July 2023 as a correct record.

Minutes:

The minutes of the meeting on 26 July 2023 were confirmed and signed as a correct record.

20.

NOTIFICATION OF LOBBYING

Minutes:

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

21.

DEVELOPMENT CONTROL

21.1

22/00894/REM pdf icon PDF 8 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

Additional documents:

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

 

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

 

The late items included 36 letters of objection that had been received after an amendment to plans and a letter on behalf of the developer regarding a site review.

 

Simon Atha, the applicant, Mr Willgoose, objecting, Basil Pynegar, objecting and Councillor Bob Bullock, Ward Member, made representation to the Committee prior to the general debate. 

 

Having given due consideration to all evidence before it, the Committee debated the application.  There was concern that the revisions to the plans from the developer did not address issues of overlooking and impact on neighbour amenity that had led the application to be deferred at the meeting on 5 July 2023.  Discussions were had about flooding, the topography of the site and the local housing need.

 

It was proposed by Councillor S J Carr and seconded by Councillor Hannah Land that the vote be recorded.  The votes were cast as follows:

 

For

Against

Abstention

 

L A Ball BEM

 

 

P J Bales

 

 

R E Bofinger

 

 

G Bunn

 

 

S J Carr

 

 

G S Hills

 

 

H Land

 

 

G Marshall

 

 

D D Pringle

 

 

H E Skinner

 

 

P A Smith

 

 

S Webb

 

 

RESOLVED that planning permission be refused due to the detrimental impact on neighbour amenity, with the precise wording of the refusal to be delegated to Chair for the item in agreement with the Head of Planning and Economic Development.

 

Reasons

 

By virtue of the land levels within the site, the proposal would lead to overbearing, overshadowing and overlooking issues upon the immediate neighbouring properties, to the detriment of their residential amenity. Accordingly, the proposal is contrary to the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019), and there are no other material considerations that justify treating this proposal as an exception to these policies.

 

 

(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 D Bagshaw and seconded by Councillor P A Smith that Councillor G Marshall take the Chair for this item.  On being put to the meeting the motion was passed.

           

            RESOLVED that Councillor G Marshall take the Chair for the duration of the item.)

21.2

21/00998/FUL pdf icon PDF 3 MB

Subdivision of the farmhouse to create tea rooms on ground floor with separate living accommodation above. Repair works to farmhouse roof. Repair and conversion of the traditional barns to create a museum, function rooms and craft workshops. Demolition of existing barn to create parking and servicing areas in association with the development.

Greasley Castle Farm, 120 Church Road, Greasley, Nottinghamshire, NG16 2AB

Minutes:

Subdivision of the farmhouse to create tea rooms on ground floor with separate living accommodation above. Repair works to farmhouse roof. Repair and conversion of the traditional barns to create a museum, function rooms and craft workshops. Demolition of existing barn to create parking and servicing areas in association with the development.

Greasley Castle Farm, 120 Church Road, Greasley, Nottinghamshire, NG16 2AB

 

Councillor M Handley had requested that this proposal come before Committee.  This request was made prior to the election on 4 May 2023.

 

There were no late items for the Committee to consider.

 

James Borley, the agent, made representation to the Committee prior to the general debate.

 

The Committee considered the representations made to it and debated the application with specific reference to the restoration of the Grade II listed house on the site, the large amount of space and the benefits to heritage in the area.

 

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 Site Location Plan 1:1250, Proposed Outbuilding Plans, 121627/008C, Proposed Outbuilding Elevations, 121627/008C, Proposed Bike and Bin Store Plans and Elevations, 121627/0011A, Toilet Block, 126223/BR/012A received by the Local Planning Authority 06. 12.2021, Proposed House Elevations, Proposed Block Plan, 126223 PL/104B and Floor Plans, 121627/007F and Proposed internal arrangement and Swept Path Analysis, 20000570-003 received by the Local Planning Authority 21.03.2022.

 

Reason: For the avoidance of doubt.

 

3.

No building operations shall be carried out until details of the following:

·       Methodology for intrusive investigations to above ground building fabric;

·       All repair works to existing building fabric, including proposed materials to be used;

·       Methodology for identifying any below ground remains that may be impacted by the proposals;

·       Final drainage and landscaping proposals;

·       Detailed window and door designs;

·       Written and Photographic Historic Building record is made of the site prior to conversion, with the same deposited within an archive, and to Level agreed with the Local Planning Authority.

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.

 

Reason: No such details were submitted and to ensure the development presents a satisfactory standard of external appearance, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), Policy 11 and Policy 17 of the Part 2 Local Plan (2019).

 

4.

No excavations for services, storage of materials or machinery, parking of vehicles, deposit or excavation of soil or rubble, or disposal of liquids shall take place within or directly adjacent to Greasley Cemetery LWS. Furthermore, no fires should be lit within 5m of the LWS, and the lighting strategy must be designed so that it does not  ...  view the full minutes text for item 21.2

21.3

21/00999/LBC pdf icon PDF 3 MB

Subdivision of the farmhouse to create tea rooms on ground floor with separate living accommodation above. Repair works to farmhouse roof. Repair and conversion of the traditional barns to create a museum, function rooms and craft workshops. Demolition of existing barn to create parking and servicing areas in association with the development.

Greasley Castle Farm, 120 Church Road, Greasley, Nottinghamshire, NG16 2AB

Minutes:

Subdivision of the farmhouse to create tea rooms on ground floor with separate living accommodation above. Repair works to farmhouse roof. Repair and conversion of the traditional barns to create a museum, function rooms and craft workshops. Demolition of existing barn to create parking and servicing areas in association with the development

Greasley Castle Farm, 120 Church Road, Greasley, Nottinghamshire, NG16 2AB

 

The application was brought to the Committee at request of former Councillor M Handley.  This request was made prior to the 4 May 2023 election, whilst she was still a member of the Council.

 

There were no late items and no public speakers.

 

Having given due weigh to the representations before it the Committee discussed the application.

 

RESOLVED that listed building 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 Proposed Outbuilding Plans, 121627/008C, Proposed Outbuilding Elevations, 121627/008C, Proposed Bike and Bin Store Plans and Elevations, 121627/0011A, Toilet Block, 126223/BR/012A received by the Local Planning Authority 06. 12.2021, Proposed House Elevations, Proposed Block Plan, 126223 PL/104B and Floor Plans, 121627/007F and Proposed internal arrangement and Swept Path Analysis, 20000570-003 received by the Local Planning Authority 21.03.2022.

 

Reason: For the avoidance of doubt.

 

3.

No building operations shall be carried out until details of the following:

Methodology for intrusive investigations to above ground building fabric;

All repair works to existing building fabric, including proposed materials to be used;

Methodology for identifying any below ground remains that may be impacted by the proposals;

Final drainage and landscaping proposals;

Detailed window and door designs;

Written and Photographic Historic Building record is made of the site prior to conversion, with the same deposited within an archive, and to Level agreed with the Local Planning

Authority

 

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.

 

Reason: No such details were submitted and to ensure the development presents a satisfactory standard of external appearance, in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014), Policy 11 and Policy 17 of the Part 2 Local Plan (2019).

 

 

 

NOTES TO APPLICANT

 

1.

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

 

 

21.4

23/00293/FUL pdf icon PDF 1 MB

Change of use from Use Class C3 to an HMO within Use Class C4

3 Willoughby Street, Beeston, NG9 2LT

Minutes:

Change of use from Use Class C3 to an HMO within Use Class C4

3 Willoughby Street, Beeston, NG9 2LT

 

Councillor V C Smith requested that this proposal come before Committee.

 

There were no late items and no public speakers.

 

After considering the evidence before it, the Committee discussed the proposal with regards to their disappointment over losing a family home to a house in multiple occupation (HMO), the balancing of the need for student accommodation with homes for local people, the impact on the character of the areas and the information required to enforce the Special Planning Document.

 

It was proposed by Councillor G Bunn and seconded by Councillor G Marshall that should the planning permission be granted, a condition be added to remove permitted development rights.  On being put to the meeting the motion was carried.

 

            RESOLVED that should planning permission be granted, permitted development rights be removed.

 

RESOLVED that planning permission be refused due to the loss of a family home with the precise wording of the refusal delegated to the Chair of Planning Committee in agreement with the Head of Planning and Economic Development.

 

Reason

 

The proposal, by virtue of the change of use into a house in multiple occupancy (C4 Use) would be unacceptable due to the significant direct and cumulative impact on the amenity of the immediate adjoining neighbouring property.  The proposed change of use would have a harmful impact on the character of the area resulting in the loss of a family home.  Therefore, the application would be contrary to Policies 8 and 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Broxtowe Part 2 Local Plan (2019) and Section 12 of the NPPF (2021).

 

21.5

23/00126/FUL pdf icon PDF 2 MB

Retain addition of hardstanding to an agricultural track, access and gate.

Beauvale Manor Farm, New Road, Greasley, Nottinghamshire, NG16 2AA

Minutes:

Retain addition of hardstanding to an agricultural track, access and gate

Beauvale Manor Farm, New Road, Greasley, Nottinghamshire, NG16 2AA

 

The application is brought to the Committee at request of Councillor M Brown.

 

There were no late items for the Committee to consider.

 

James Borley, the agent, and Pat Morton, objecting, made representation to the Committee prior to the general debate.

 

Having noted all of the evidence before it, the Committee debated the application.  There was concern that the track could be used for purposes other than agriculture.  It was noted that the proposal before the Committee was for an agricultural track and if it were used for another purpose, that would be an enforcement issue.

 

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

 

1.

The development hereby permitted shall be carried out in accordance with Site Location Plan 1: 1250, LP01A received by the Local Planning Authority 11 August 2023, Metal Gate Elevations, LP01, Gate Location, BP01, Section of track, FT01 received by the Local Planning Authority on 27 March 2023 and Block Plan, LP01A received by the Local Planning Authority on 14 August 2023.

 

Reason: For the avoidance of doubt.

 

2.

Within 3 months from the date of this decision, the access will be required to be surfaced in a hard-bound material (not loose gravel) for a minimum of 8.0 metres behind the Highway boundary. The surfaced access shall then be maintained in such hard-bound material for the life of the development.

 

Reason: To reduce the possibility of deleterious material being deposited on the publichighway (loose stones etc.), in accordance with policy 10 of Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

 

 

NOTES TO APPLICANT

 

1.

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

 

2.

The proposed development lies within an area that has been defined by the Coal Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place.

 

Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at:

ww.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine-entries

 

Any intrusive activities which  ...  view the full minutes text for item 21.5

22.

INFORMATION ITEMS

22.1

Appeal Decision 22/00236/CLUP pdf icon PDF 208 KB

Minutes:

The Committee noted the appeal decision regarding 17 Templar Road.

22.2

Delegated Decisions pdf icon PDF 297 KB

Minutes:

The Committee noted the delegated decisions.

23.

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 paragraph 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 paragraph 3 of Schedule 12A of the Act. 

24.

23/00008/ENF

Minutes:

          RESOLVED that works to secure the building through the boarding up of the doors and windows be approved.