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.

Councillor D Bagshaw declared a non-pecuniary interest in agenda item 5.1 due to knowing a resident neighbouring the application site and visiting their property as part of the site visit process, minute number 16.1 refers.

Councillor P J Owen declared a non-pecuniary interest in agenda item 5.5 due to the applicant being a former member of Nuthall Parish Council, minute number 16.5 refers.

Councillor L A Ball BEM declared a pecuniary interest in agenda item 5.1 due to being employed by the applicant, minute number 16.1 refers.

The Committee is asked to confirm as a correct record the minutes of the       meeting held on 24 June 2020.

The minutes of the meeting held on 24 June 2020 were approved as a correct record and signed.

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

Variation of Conditions 2, 3 and 11 (approved drawings, details of materials and landscape scheme) of planning reference 15/00010/FUL (Construct 67 dwellings) to substitute house types, amend layout and remove plots, change external materials and amend landscaping scheme.

Land Off Acorn Avenue Giltbrook Nottinghamshire

Variation of Conditions 2, 3 and 11 (approved drawings, details of materials and landscape scheme) of planning reference 15/00010/FUL (Construct 67 dwellings) to substitute house types, amend layout and remove plots, change external materials and amend landscaping scheme.

Land Off Acorn Avenue Giltbrook Nottinghamshire

This application sought planning permission for the variation of Conditions 2, 3 and 11 (approved drawings, details of materials and landscape scheme) of planning reference 15/00010/FUL (Construct 67 dwellings) to substitute house types, amend the layout and remove plots, change external materials and amend the landscaping scheme. The application was brought to the Committee due to the original permission to which this application relates being determined by Planning Committee.

Members considered the late items for the application which included a further 7 objections raising concern over drainage and loss of amenity.

Mr Matthew O’Donnell(objector) submitted a formal written representation that was read to members of the Committee, Councillor M Handley addressed the Committee as ward member.

Members debated the application and the following comments were amongst those noted:

·         that there was an unacceptable loss of neighbour amenity.

·         that the development was overbearing and over intensive for the area.

·         the development is not being built in accordance with the plans.

RESOLVED that the application be deferred.

(Having declared a disclosable pecuniary interest in the item Councillor L A Ball BEM left the meeting before discussion or voting thereon.)

Change of use from a nursing and residential care home (Class C2) to four Houses of Multiple Occupation (Class C4) (revised scheme)

The Gables 169 – 171 Attenborough Lane Attenborough

Change of use from a nursing and residential care home (Class C2) to four Houses of Multiple Occupation (Class C4) (revised scheme)

The Gables 169 – 171 Attenborough Lane Attenborough

This application sought planning permission for the change of use from a nursing and residential care home (Class C2) to four Houses of Multiple Occupation (Class C4) (revised scheme) and had been brought before the Committee at the request of Councillor E Kerry.

Members considered the late items for the application which included the Environment Agency raising no objection to the scheme, an additional condition requiring the development to be undertaken in accordance with the submitted flood risk assessment and a letter of objection.

Mrs J Lawrance (objector) submitted a formal written representation that was read to members of the Committee, Mr A Harding (applicant) submitted a formal written representation that was read to members of the Committee. Additionally, Councillor E Kerry addressed the Committee as ward member.

Members debated the application and the following comments were amongst those noted:

·         that the scheme is acceptable for the area following a decision made by the Planning Inspectorate.

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 and Block Plan (C/201 rev C) and drawings numbered C/200 rev H and C/101 rev O received by the Local Planning Authority on 04.05.20; C/100 rev Q, C/105 rev J and C/106 received by the Local Planning Authority on 30.06.20

3.      Prior to first occupation, the bin store shall be constructed in accordance with material details which shall have first been submitted to and approved in writing by the Local Planning Authority.

4.      Prior to first occupation, a landscaping scheme shall first have been submitted to and approved in writing by the Local Planning Authority. This scheme shall include the following details:

(a)          Proposed boundary treatments

(b)          Proposed hard surfacing treatment

(c)          Planting, seeding / turfing of other soft landscaping areas

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

5.         The approved landscaping shall be carried out not later than the first planting season following the substantial completion of the development or occupation of the building(s), whichever is the sooner 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, unless written consent has been obtained from the Local Planning Authority for a variation.

6.         No part of the development hereby permitted shall be brought into use until the parking areas have been surfaced in a bound material, with the parking bays clearly delineated in accordance with drawing number C/200 Rev H, and constructed with  ...  view the full minutes text for item 16.2

Erection of 11 dwellings and provision of infrastructure works to facilitate the creation of a community park

Bramcote Ridge Open Space, Sandgate, Beeston

Erection of 11 dwellings and provision of infrastructure works to facilitate the creation of a community park

Bramcote Ridge Open Space, Sandgate, Beeston

This application sought planning permission for the erection of 11 dwellings and provision of infrastructure works to facilitate the creation of a community park and had been brought before the Committee as a major development.

Members considered the late items for the application which included additional information on the removal of Japanese Knotweed, access arrangements and an additional 67 representations.

Mr Winslow (objector) submitted a formal written representation that was read to members of the Committee, Mr Patel (supporting) submitted a formal written representation that was read to members of the Committee. Additionally, Councillors B C Carr, S Carr and H Land addressed the Committee as ward members.

Members debated the application and the following comments were amongst those noted:

·         The proposed 11 properties would not benefit the existing green infrastructure of the area.

·         The site owner has an obligation to remove the Japanese Knotweed.

A recorded vote was proposed by Councillor D K Watts and seconded by Councillor D Grindell. The voting was as follows:

RESOLVED that planning permission be refused for the following reasons:

Reasons

The proposed housing development, by virtue of the built development and the loss of habitats, would result in an unacceptable harm to the Green Infrastructure Asset and would result in a net loss to biodiversity.  No benefits which clearly outweigh this harm have been demonstrated.  Accordingly, the development is contrary to the aims of Policies 28 and 31 of the Broxtowe Part 2 Local Plan (2019), Policy 16 of the Broxtowe Aligned Core Strategy (2014) and Section 15 of the National Planning Policy Framework (NPPF) 2019.

Note to applicant

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

Construct three storey apartment block comprising 9 flats and dropped kerb

Land to the Rear of Clayton Court, Queens Road, Nottinghamshire

Construct three storey apartment block comprising 9 flats and dropped kerb

Land to the rear of Clayton Court, Queens Road, Nottinghamshire

This application sought planning permission to construct a three storey apartment block comprising 9 flats and dropped kerb and had been brought before the Committee at the request of Councillor T A Cullen.

There were no late items for this application.

Councillor T A Cullen addressed the Committee as ward member.

Members debated the application and the following comments were amongst those noted:

·         The level of parking was sufficient.

·         The area was large enough to accommodate the development.

·         Section 106 contributions are no longer required as the scheme had been reduced in size.

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 numbers:

Received by Local Planning Authority on 1 October 2019:

•    001    

Received by Local Planning Authority on 15 June 2020:

•    003 Rev G

•    004 Rev G

•    005 Rev D

Received by Local Planning Authority on 25 June 2020:

•    002 Rev H

•    007 Rev F

Received by Local Planning Authority on 30 June 2020:

•    006 Rev J

•    008 Rev J

•    009 Rev B

3.      No above ground works shall commence until samples of external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved details.

4.     No above ground works shall take place until a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority.  This scheme shall include the following details:

a.  numbers, types, sizes and positions of proposed trees and shrubs

b.  details of boundary treatments;

c.  proposed hard surfacing treatment;

d.  planting, seeding/turfing of other soft landscape areas and

e.  a timetable for implementation of the scheme.

The approved scheme shall be carried out strictly in accordance with the approved details and 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, unless written consent has been obtained from the Local Planning Authority for a variation.

5.     Prior to the first occupation of the apartments hereby approved, the development shall be constructed in accordance with the submitted Flood Risk Assessment Rev A prepared by Swish Architecture dated June 2020. Flood resilient measures and resistance measures shall be used as detailed in Section 6 and the finished floor levels shall be set no lower than 28.15m AOD.  These mitigation measures shall be maintained and retained for  ...  view the full minutes text for item 16.4

Minor material amendment to reference 17/00285/FUL to make minor changes to elevation details

51a Mill Road Newthorpe Nottinghamshire

Minor material amendment to reference 17/00285/FUL to make minor changes to elevation details

51a Mill Road Newthorpe Nottinghamshire

This application sought planning permission for a minor material amendment to reference 17/00285/FUL to make minor changes to elevation details and had been brought before the Committee at the request of Councillor J P T Parker.

There were no late items for this application.

There were no written representations for this application. Councillor J P T Parker addressed the Committee as ward member.

Members debated the application and the following comments were amongst those noted:

·       There was a loss of neighbour amenity.

RESOLVED that the item be deferred.

Retain front extension, windows and doors in rear extension, juliet balcony, rear extension roof and conservatory

235 Derby Road, Beeston,Nottinghamshire, NG9 3AZ

Retain front extension, windows and doors in rear extension, juliet balcony, rear extension roof and conservatory

235 Derby Road, Beeston, Nottinghamshire, NG9 3AZ

This application sought planning permission to retain a front extension, windows and doors in rear extension, juliet balcony, rear extension roof and conservatory and had been brought before the Committee at the request of Councillor D K Watts.

There were no late items for this application.

Members debated the application and the following comments were amongst those noted:

•     that there was an unacceptable loss of neighbour amenity.

•     that the development was overbearing and over intensive for the area.

•     retrospective planning applications required approval or refusal on the individual merit.

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

1.     The development hereby permitted shall be retained in accordance with drawings:

Received by the Local Planning Authority on 3 December 2019:

•           Site Location Plan (1:1250)

Received by the Local Planning Authority on 27 May 2020:

•           Proposed Ground Floor Plans

•           Proposed First Floor Plans

•           Proposed Side (West) Elevation

•           Proposed Front (North) Elevation

•           Proposed Block Plan

Received by the Local Planning Authority on 8 July 2020:

•           Proposed Side (East) Elevation

•           Proposed Rear (South) Elevation

2.     The first floor window in the east (side) elevation of the first floor rear extension shall be retained with glazing of Pilkington Level 4 or 5 (or equivalent) and remain fixed shut and retained in this form for the lifetime of the development.

3.     The Juliet balcony doors in the west (side) elevation of the first floor rear extension shall be retained with glazing of Pilkington Level 4 or 5 (or equivalent) and retained in this form for the lifetime of the development.

4.     No part of the flat roof beyond the Juliet balcony shown on the block plan shall be used as a balcony, sun terrace or similar amenity space.

Reasons

1.     For the avoidance of doubt.

2.     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) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

3.     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) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

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) and Policy 10 of the Broxtowe Aligned Core Strategy (2014).

Retain boundary fence and gate

Gin Farm Hall Lane Brinsley Nottinghamshire NG16 5BJ

Retain boundary fence and gate

Gin Farm Hall Lane Brinsley Nottinghamshire NG16 5BJ

This application sought planning permission to retain a boundary fence and gate had been brought before the Committee as the proposal constitutes a material departure from policy.

Members considered the late items for the application which related to amendments to the original report.

Mrs L Berry (objector) submitted a formal written representation that was read to members of the Committee, Mr Clarke (applicant) submitted a formal written representation that was read to members of the Committee.

Members debated the application and the following comments were amongst those noted:

·         the fence had no impact of the Green Belt.

·         concern over the use of the gate and its impact on the Green Belt.

·         an additional condition should be imposed in relation to keeping the gate closed.

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

1.     The hereby permitted fence and gates shall be retained in accordance with drawing(s) numbered Site Location Plan 1: 1250, Site Plan, 1: 200 and Fence Plan/Elevations, TDB003/01 received by the Local Planning Authority on 26 March 2020.

2.     The gate hereby approved shall remain closed, except when required for the safe access and egress of vehicles.

Reasons

1.     For the avoidance of doubt.

2.     In the interests of privacy 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).

Note to applicant

1.     The Council has acted positively and proactively in the determination of this application, through an early visit to the site to appreciate whether any amendments needed to be sought and thus afford sufficient time to negotiate these should it have been the case.

Variation of condition 21 (named first occupant) of application reference 18/00268/FUL (Construct 75 bed care facility; 30 supported living apartments (Class C2); bistro; gym/spa; hairdressers; bin, cycle and scooter stores; emergency generator; substation, car parking and landscaping)

Myford Ltd, Wilmot Lane, Beeston, NG9 4AF

Variation of condition 21 (named first occupant) of application reference 18/00268/FUL (Construct 75 bed care facility; 30 supported living apartments (Class C2); bistro; gym/spa; hairdressers; bin, cycle and scooter stores; emergency generator; substation, car parking and landscaping)

Myford Ltd, Wilmot Lane, Beeston, NG9 4AF

This application sought planning permission for the variation of condition 21 (named first occupant) of application reference 18/00268/FUL (Construct 75 bed care facility; 30 supported living apartments (Class C2); bistro; gym/spa; hairdressers; bin, cycle and scooter stores; emergency generator; substation, car parking and landscaping) and had been brought before the Committee at the request of Councillor R I Jackson.

There were no late items for this application.

There were no written submissions for this application.

Members debated the application and the following comments were amongst those noted:

·         the scheme was acceptable for the area

·         the condition should be varied to relate to a registered care provider.

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

1.     The development hereby permitted shall be commenced before 10 January 2022.

2.     The development hereby permitted shall be carried out in accordance with drawing numbers: P4693_111 Planning - Proposed Façade Details received by the Local Planning Authority on 18 April 2018; P4693 001 Location Plan, P4693_121 Rev A Planning - External Bin and Generator Store, P4693_122 Rev A Planning - External Cycle and Buggy Store and P4693_123 Planning - Substation Drawing received by the Local Planning Authority on 18 May 2018; P4693_106 Planning - Proposed GA Elevations - Sheet 1, P4693_108 Planning - Proposed GA Elevations - Sheet 3, P4693_109 Planning - Proposed GA Elevations - Sheet 4, 1072 003 Rev A Landscape Strategy and P4693_112 Planning - Proposed Household Façade Details received by the Local Planning Authority on 21 May 2018; M2715(69)001 Rev P1 received by the Local Planning Authority on 2 July 2018; P4693_SK112 Barrydale Avenue Boundary Sections received by the Local Planning Authority on 25 July 2018; P4693_110 Rev A Planning - Proposed GA Elevations - Sheet 5 and P4693_124 Rev A Planning - Car Park Sections received by the Local Planning Authority on 3 August 2018; P4693_113 Rev B Planning - GA Sections received by the Local Planning Authority on 13 November 2018; P4693_102 Rev B Planning - Proposed First Floor, P4693_103 Rev B Planning - Proposed Second Floor, P4693_104 Rev A Planning - Proposed Third Floor, P4693_105 Rev A Planning - Proposed Roof Plan, P4693_114 Rev C Planning - Proposed Street Elevations and P4693_107 Rev A Planning - Proposed GA Elevations - Sheet 2 received by the Local Planning Authority on 4 December 2018 and P4693_101 Rev B Planning - Proposed Ground Floor and P4693_100 Rev D Planning - Proposed Site Plan received by the Local Planning Authority on 11 December 2018.

3.     No development shall commence until a plan to show the location of protective fencing for the trees shown to be retained on drawing number P4693_100 Rev B has been submitted to and agreed in writing by the Local Planning Authority.  ...  view the full minutes text for item 16.8

Construct single storey rear/side extension and lower rear garden level

10 Wimpole Road Beeston Nottinghamshire NG9 3LQ

Construct single storey rear/side extension and lower rear garden level

10 Wimpole Road Beeston Nottinghamshire NG9 3LQ

This application sought planning permission to construct a single storey rear/side extension and lower the rear garden level and had been brought before the Committee at the request of Councillor S J Carr.

Members considered the late item for the application which was a supporting statement e-mail from the planning agent.

There were no written submissions for this application.

Members debated the application and the following comments were amongst those noted:

·           that there was an unacceptable loss of neighbour amenity.

·           that the development was overbearing and over intensive for the area.

RESOLVED that the application be refused with the precise wording of the refusal to be delegated to the Interim Head of Planning and Economic Development in consultation with the Chair of the Planning Committee:

The scale of the proposed extension would result in overdevelopment of the plot, resulting in a substandard level of amenity for existing and future occupiers, and be out of keeping with the character of properties in the locality. Accordingly, the proposed development would be contrary to the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 17 of the Part 2 Local Plan (2019).

Retain 4 lamp posts in garden

Woodend, Kimberley Road, Nuthall, NG16 1DA

Retain 4 lamp posts in garden

Woodend, Kimberley Road, Nuthall, NG16 1DA

This application sought planning permission to retain 4 lamp posts in a garden and had been brought before the Committee as the proposal constitutes a material departure from policy.

There were no late items for this application.

Mrs J Regan (objector) submitted a formal written representation that was read to members of the Committee, Mrs A Kaur (applicant) submitted a formal written representation that was read to members of the Committee.

Members debated the application and the following comments were amongst those noted:

·         The application was appropriate for the area.

·         It is appropriate for the lights to be controlled by infra-red.

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

1.     The development hereby permitted shall be retained in accordance with the drawings numbered 19-187(02)S01 (1:1250), 19-187(08)001 (1:500) and 19-187(08)002 (1:20); received by the Local Planning Authority on 29 April 2020.

2.     The light source shall be obscured so as to prevent illumination of adjoining properties to the north and west, and be operated by a Passive infrared (PIR) switch for the duration of the permission.

Reasons

1.     For the avoidance of doubt.

2.     To prevent light nuisance to immediate properties.

Note to applicant

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

The Committee noted the appeal decisions.

The Committee noted the delegated decisions.