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 E Williamson declared a non registrable, non pecuniary interest in item 5.2, stating that she was not predetermined.  Minute number 11.2 refers.

Councillor D Bagshaw declared a non registrable, non pecuniary interest in item 5.2, as he was acquainted with the applicant.  Minute number 11.2 refers.

Councillor E Williamson declared a non registrable, non pecuniary interest in item 5.3, as Greasley Parish Council had discussed the application.  Minute number 11.3 refers.

Councillor P J Owen declared a non registrable interest in item 5.6, stating that a relative was a neighbour to the development.  Minute number 11.6 refers.

Councillor L A Ball BEM declared a non registrable interest in item 5.6, stating that a close relative was a neighbour to the development.  Minute number 11.6 refers.

The Committee is asked to confirm as a correct record the minutes of the meeting held on 5 June 2024.

The minutes of the meeting on 5 June 2024 were confirmed and signed as a correct record.

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

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 (revised scheme).

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

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 (revised scheme).

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

The application was brought to the Committee at the request of Councillor H Land.  The proposal was also a departure from the Broxtowe Part 2 Local Plan.

The Committee noted the late items, including changes to the proposed landscaping scheme condition.

Anna Woodward, the agent on behalf of the applicant, Ann Whittingham, objecting and Councillor H Land made representation to the Committee prior to the general debate.

Having considered the representations before it the Committee debated the item, in particular concerns about noise pollution from the proposed development, access for lorries should the site be built and maintained, and whether the site could be returned to the Green Belt after the lifetime of the development.  There were also concerns about whether the battery storage site would be connected to the national grid.

The debate progressed on to the improvement of the biodiversity of the site and the decrease in size due to advances in battery technology.  The size and scale of the proposed development was noted, as was the increase in biodiversity.  There followed a debate about climate change and the importance of increasing green infrastructure.

It was proposed by Councillor G Bunn and seconded by Councillor G Marshall that the following wording be added to condition 28, “if no electricity would be stored at the site, it would be decommissioned and returned to it’s original state.”  On being put to the meeting the motion was carried.

RESOLVED that planning permission be granted subject to the following conditions, with the above amendment:

Change of use of land to rear as public house and retention of marquee (Revised scheme)

Oliver's Pub and Kitchen, 20 Nottingham Road, Eastwood, NG16 3NQ

Change of use of land to rear of public house and retention of marquee (revised scheme)

Oliver’s Pub and Kitchen, 20 Nottingham Road, Eastwood, NG16 3NQ

The application is brought to the Committee at request of Councillor D Bagshaw.

The Committee paid due regard to the late items, including a number of issues raised by residents.

Kane Oliver, the applicant and Ian Ward, objecting made representation to the Committee prior to the general debate.  A statement was read on behalf of Councillor K Woodhead, Ward Member.

The Committee, having noted the information provided to it, debated the item.  Consideration was given to the proximity of the development to neighbours and the materials and appearance of the marquee.  It was noted that if the marquee was taken down, the pub could still put tables and chairs outside and that could create more noise. There was a discussion about the temporary nature of the structure and the permanency of the permission. 

          RESOLVED that planning permission be granted, subject to conditions.

RESOLVED that the conditions include the limitation of the number of events to twenty a year, with a curfew of 11pm and the precise wording of the permission and conditions delegated to the Vice Chair of Planning Committee, the Chair of Planning Committee and the Head of Planning and Economic Development.

Conditions:

1.   The development hereby permitted shall be retained in accordance with the Block Plan (1:500), Floor Plan and Elevation Plan ref: TO_GKO_16_036_05 Rev A received by the Local Planning Authority on 29 February 2024 and in accordance with the Site Location Plan (1:1250) received by the Local Planning Authority on 11 March 2024.

2.   The use of the marquee shall be limited to 20 sessions per annum. Such sessions shall only take place between 10:00 - 23.00 hours on any given day. Staff shall take all reasonable steps to clear marquee of customers by 23:00 each evening and ensure no consumption of food or drink within the marquee after 23:00.

3.   No amplified music or speech shall be permitted within the marquee at any time.

Reasons:

1.   For the avoidance of doubt

2.   To protect residents from excessive operational noise, in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 19 of the Broxtowe Part 2 Local Plan.

3.   To protect residents from excessive operational noise, in accordance with Policy 10 of the Broxtowe Aligned Core Strategy (2014) and Policy 19 of the Broxtowe Part 2 Local Plan.

Note to Applicant

1.   The Council has acted positively and proactively in the determination of this application by working to determine it within the 13 week agreed determination timescale.

(Having declared a non registrable interest in the item, Councillor D Bagshaw left the meeting for the duration of the item and did not vote thereon.  The Vice Chair, in the Chair for the item was Councillor S P Jeremiah.)

Construct a pair of semi-detached houses

Land Between 3 And 5 Bosworth Drive, Newthorpe, Nottinghamshire 

Construct a pair of semi-detached houses

Land between 3 and 5 Bosworth Drive, Newthorpe, Nottinghamshire

The application was called to Committee at the request of Councillor R Bullock.

The late items were noted, including an objection received from Brinsley Parish Council regarding the loss of the unregistered footpath and other concerns from residents.

Councillor R Bullock, Ward Member, made representation to the Committee prior to the general debate.

After considering the evidence before it, the Committee commenced the debate.  It was noted that deferring the application until the footpath had been adopted was impractical, as the process was lengthy.  The debate progressed on to the size and scale of the proposed development, and it was stated that although the houses would have three storeys, the top storey would be a loft conversion, maintaining the same ridge height as the other properties on the street.

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

Construct two storey side extension

28 Broad Oak Drive, Brinsley, NG16 5DJ

Construct two storey side extension

28 Broad Oak Drive, Brinsley, NG16 5DJ

Councillor E Williamson requested that the application be determined by Committee.

The Committee noted the late items, which were comprised of additional responses from neighbours objecting to the development and a comment regarding the presence of bats.

Andrew Mart, objecting, made representation to the Committee prior to the general debate.

Having given due regard to the information before it, the Committee debated the item.  There was concern about the presence of bats in an adjoining property and the tunnelling effect that would be caused by the proposed development.  It was noted that there were no bats in the property where development was proposed.  It was considered that the proposed development would not impact upon the light of the adjoining neighbours.

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

Retain fencing and increase in rear garden level

4 Peacock Drive, Eastwood, Nottinghamshire, NG16 3HW

Retain fencing and increase in rear garden level

4 Peacock Drive, Eastwood, Nottinghamshire, NG16 3HW

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

There were no late items for the Committee to consider.

Jonathon Sowell, the applicant, made representation to the Committee prior to the general debate.

After considering all of the representations before it, the Committee debated the item, with specific reference to the height of the fence and the limited impact on neighbour amenity.  It was noted that the fence would improve the look of the gardens and protect the privacy of neighbouring properties.

          RESOLVED that planning permission be approved.

RESOLVED that the precise wording of the approval and conditions to be delegated to the Chair of the Planning Committee and the Head of Planning and Economic Development.

Condition:

1.     The development hereby permitted shall be retained in accordance with the Site Location Plan received by the Local Planning Authority on 25 April 2024, Proposed Block Plan (showing extent of fence) and Existing and Proposed Elevations received by the Local Planning Authority on 22 May 2024.

Reason:

1.     For the avoidance of doubt.

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.

Variation of condition 3 of application Reference Number: 20/00056/OUT to allow the occupation of up to 20 dwellings prior to the Shilo Way site access arrangements being made available

Land West of Awsworth, Shilo Way, Awsworth, Nottinghamshire

Variation of condition 3 of application Reference Number: 20/00056/OUT to allow the occupation of up to 20 dwellings prior to the Shilo Way site access arrangements being made available.

Land West of Awsworth, Shilo Way, Awsworth, Nottinghamshire

The application was brought before Committee at the request of Councillor D D Pringle.  A decision on the item was deferred at a meeting of the Committee on 5 June 2024.

There were no late items.

Phil Brennan, objecting, made representation to the Committee prior to the general debate.

Having given consideration to all matters before it, the Committee debated the item, with specific reference to the disruption to residents and the importance of the construction of the Shilo Way junction.

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

The appeal decision for application number 23/00577/OUT 48 Rivergreen Crescent, was noted.

The delegated decisions were noted.

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.

          RESOLVED that, under Section 100A of the Local Government Act, 1972, the public and press be excluded from the meeting for the following items 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.

The Enforcement Update was noted.