Agenda and minutes

Planning Committee - Wednesday, 7 December 2022 6.00 pm

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

Contact: Email: committees@broxtowe.gov.uk 

Media

Items
No. Item

40.

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:

There were no declarations of interest. 

41.

MINUTES pdf icon PDF 313 KB

The Committee is asked to confirm as a correct record the minutes of the meeting held on 2 November 2022.

Minutes:

The minutes of the meeting on 2 November 2022 were confirmed and signed as a correct record.

42.

NOTIFICATION OF LOBBYING

Minutes:

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

43.

DEVELOPMENT CONTROL

43.1

22/00228/FUL pdf icon PDF 1 MB

Demolish public house and construct five detached dwellings and associated parking

Gardeners Inn, Awsworth Lane, Cossall, Nottinghamshire, NG16 2RZ

Additional documents:

Minutes:

Demolish public house and construct five detached dwellings and associated parking

Gardeners Inn, Awsworth Lane, Cossall, Nottinghamshire NG16 2RZ

 

This application was originally brought to Committee on 7 September at the request of Councillor L A Ball BEM where it was deferred.

 

There were no late items to be considered.

 

Richard Hutchinson, applicant and Rob Bryant, objecting addressed the Committee prior to the general debate.

 

It was noted that the application had been deferred to allow the applicant time to submit a Coal Mining Risk Assessment and for the benefit of a community group looking to purchase the former public house.  The Committee were informed that the Coal Mining Risk Assessment had been submitted.

 

The Committee noted that the Friends of the Gardner’s had gathered support locally and were hoping to make an offer to buy the former public house.  It was noted that these plans included a post office and a warm space for the community. 

 

            RESOLVED that planning permission be refused with the precise wording of the refusal delegated to the Chair of the Planning Committee in conjunction with the Head of Planning and Economic Development.

 

Reasons

 

Insufficient evidence to justify the loss of a community facility has been submitted to demonstrate that there is no longer a need for a public house in this location. The application is as such considered contrary to the aims of Policy 13 - Culture, Tourism and Sport of the Aligned Core Strategy Part 1 Local Plan 2014 and paragraph 93 (a) and (c) of the National Planning Policy Framework 2021 which seeks to protect community facilities and guard against the unnecessary loss of valued services.

 

 

 

 

 

43.2

22/00602/FUL pdf icon PDF 2 MB

Demolition of existing buildings and erection of 60 dwellings including access and drainage infrastructure, substation, open space and Great Crested Newt mitigation (revised scheme)

Hulks Farm, Coventry Lane, Bramcote, Nottinghamshire, NG9 3GJ

Minutes:

Demolition of existing buildings and erection of 60 dwellings including access and drainage infrastructure, substation, open space and great crested newt (GCN) mitigation (revised scheme)

Hulks Farm, Coventry Lane, Bramcote, Nottinghamshire, NG9 3GJ

 

Councillor D K Watts had requested that this application be determined by Planning Committee.

 

There were a number of late items for the Committee to consider including a minor amendment to the report, a number of clarifications and comments from partner agencies and an additional condition.  These were noted prior to the debate.

 

Alan Staley, the applicant, addressed the Committee prior to the general debate.

 

The Committee noted that their previous objections to a similar proposal on this site were centred on development north of the railway line.  It was stated that the section 106 agreement protected this site from development for a least thirty years, whilst it also had all the protections of being in the Green Belt.  The debate progressed on to biodiversity net gain and spaces for wildlife, section 106 contributions for health and education and concerns about the open spaces being maintained by a management company.

 

There was concern that the railway could be accessed from the proposed development and it was requested that a condition be added to ensure that the boundary treatment was secure. 

 

RESOLVED that the Head of Planning and Economic Development be given delegated authority to grant planning permission subject to:

 

(i)        the prior completion of an agreement under section 106 of the Town and Country Planning Act 1990

 

 (ii)      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 drawings:

 

Received by the Local Planning Authority on 25 July 2022:

 

·       Site Location Plan ref: M028-STN-XX-DR-M2-A-02 Rev A

·       Twin Garage ref: M028-STE-XX-DR-M2-A-G_01 Rev A

·       Single Garage ref: M028-STE-XX-DR-M2-A-G_02 Rev A

·       Arboricultural Method Statement page ‘Tree Retention Plan’ ref: 9864-T-02 Rev H

 

Received by the Local Planning Authority on 3 November 2022:

  • Refuse Tracking Layout ref: 13 Rev C

 

Received by the Local Planning Authority on 14 November 2022:

  • Planning Layout with dimensions ref: M028-STN-XX-DR-M2-A-08 Rev C
  • Planning Layout ref: M028-STN-XX-DR-M2-A-01 Rev AA
  • Planning Layout (aerial) ref: M028-STN-XX-DR-M2-A-01 Rev AA
  • Cross Sections ref: M028-STN-XX-DR-M2-A-05 Rev D
  • Boundary Treatment Plan ref: M028-STN-XX-DR-M2-A-06 Rev G
  • Access Track Details ref: M028-STN-XX-DR-M2-A-07 Rev D

 

Received by the Local Planning Authority on 15 November 2022:

  • Street Scenes ref: M028-STN-XX-DR-M2-A-04 Rev G

 

Received by the Local Planning Authority on 16 November 2022:

  • Planting Plan 09864-FPCR-XX-XX-DR-L-0001 rev P09

 

Received by the Local Planning Authority on 18 November 2022

 

  • Broughton-M028-STN-BRO-DET-AS-PLUS-DR-A-01
  • Coniston-M028-STN-CON-DET_AS-PLUS-DR-A-01
  • Coniston-Weaver-Semi-M028-STN-CONWEA-SEMI-AS-PLUS-DR-A-01
  • Coniston-Weaver-SEMI-M028-STN-CONWEA-SEMI-AS-PLUS-DR-A-02
  • Darwell-M028-STN-DAR-semi-AS-REN-DR-A-01
  • Darwell-M028-STN-DAR-semi-AS-REN-DR-A_02
  • Harland-M028-STN-HAR-semi-AS-PLUS-DR-A-01
  • Harland-M028-STN-HAR-semi-AS-PLUS-DR-A-03
  • Harland-M028-STN-HAR-Ter-AS-PLUS-DR-A-02
  • Harland-M028-STN-HAR-Ter-AS-PLUS-DR-A-04
  • Kentmere-M028-STN-KEN-Semi-AS-Plus-DR-A-01
  • Kentmere-M028-STN-KEN-Semi-AS-Plus-DR-A-02
  • Killington-M028-STN-KIL-DET-AS-STA-DR-A-01
  • Leadmill-M028-STN-LEA-APA-AS-PLUS-DR-A-01
  • Leadmill M028-STN-LEA-APA-AS-PLUS-DR-A-02
  • Oldbury M028-STN-OLD-DET-AS-REN-DR-A-01 
  • Roundhill M028-STN-ROU-SEMI-AS-PLUS-DR-A-01 Rev A
  • Roundhill M028-STN-ROU-SEMI-AS-PLUS-DR-A-02 Rev A
  • Sherbourne-M028-STN-SHE-DET-AS-PLUS-DR-A-01
  • Sherbourne-M028-STN-SHE-DET-AS-Ren-DR-A-01
  • Stanford-M028-STN-STA-END-AS-STA-DR-A-01
  • Stanford-M028-STN-STA-END-AS-STA-DR-A-02
  • Thirlmere-M028-STN-THI-DET-AS-REN-DR-A-01
  • Thirlmere-M028-STN-THI-DET-AS-STA-DR-A-01
  • Weaver – M028-STN-WEA-DET-AS-PLUS-DR-A-01
  • Weaver  ...  view the full minutes text for item 43.2

43.3

20/00826/FUL pdf icon PDF 2 MB

Construct 240 Dwellings including estate roads, public open space and drainage

Land at end of Braemar Avenue, Eastwood, Nottinghamshire

Minutes:

Construct 240 Dwellings including Estate Roads, Public Open Space and Drainage

Land at end of Braemar Avenue, Eastwood, Nottinghamshire

 

This application was brought to the Committee upon the request of Councillor M Handley and Councillor M Radulovic MBE.

 

There was a late item comprised of very detailed written answers from the Environmental Health Officer regarding the levels of contamination on the site, risks to construction workers, the bentonite curtain wall and the vent trench.

 

Matt Smith, the applicant, Richard Dale, objecting, Ron Jones, objecting, Councillor Linsey Ellis, Ward Member, Councillor M Brown, Ward Member and Councillor Milan Radulovic MBE, Ward Member, addressed the Committee prior to the general debate.

 

There was a long debate, which began with the noting of grave concerns regarding the contamination of the site, the possibility of a public inquiry, the results of the hydrorock report, the unknown nature of what was accepted into the tip and the likelihood that the tip had not been correctly capped.  It was noted that permitted development rights were to be removed from the proposed properties.  It was also noted that the tip site was larger than previously thought.  There was concern at the suggestion that a bentonite wall would be economically unfeasible and that the development would cause an unacceptable level of pollution.

 

Debate moved on to the depth to which services were to be built and whether this would breach coal seams, the possibility of gas migration impacting on the amenity of existing residents and how any failures at the construction stage could have catastrophic consequences.  It was stated that this site was not allocated in the Local Plan.

 

It was also noted that there was one narrow entrance and exit to the site and this was felt to be inadequate for the large number of homes that were proposed. 

 

It was proposed by Councillor M Handley and seconded by Councillor R D Willimott that the vote be recorded.  The votes were cast as follows:

 

For

Against

Abstention

 

D Bagshaw

 

 

L A Ball BEM

 

 

T Hallam

 

 

M Handley

 

 

R I Jackson

 

 

G Marshall

 

 

P J Owen

 

 

D D Pringle

 

 

H E Skinner

 

 

C Tideswell

 

 

D K Watts

 

 

E Williamson

 

 

R D Willimott

 

 

            RESOLVED that planning permission be refused with the precise wording of the refusal to be delegated to the Chair of the Planning Committee in conjunction with the Head of Planning and Economic Development.

 

Reasons

 

Due to the close proximity of the application site to a former landfill site containing unknown levels of contamination, the proposal is considered to provide insufficient protection for future residents of the development, adversely impacting on the character of the area. Furthermore, there is insufficient evidence the mitigation measures proposed are adequate enough to ensure the development of the land will not pose a risk to human health and safety. As such, the proposal is considered to be contrary to Policy 19 of the Part 2 Local Plan 2019 and Part 15 - Conserving and enhancing the natural environment of the National  ...  view the full minutes text for item 43.3

43.4

21/00672/REM pdf icon PDF 2 MB

Construct 397 dwellings (reserved matters relating to reference 14/00515/OUT – plots R1 to R11 inclusive and plots G2, 3 and 4 only)

Boots Campus, Beeston, Nottinghamshire

Minutes:

Construct 397 dwellings (reserved matters relating to reference 14/00515/OUT – plots R1 to R11 inclusive and plots G2, 3 and 4 only)

Boots Campus, Beeston, Nottinghamshire

 

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

 

There were late items in the form of a written statement from the agent and a note from the Council’s Housing Officer.

 

Emily Christie, on behalf of the applicant, addressed the Committee prior to the general debate.

 

There was interest in how the modular build housing as proposed was to be constructed, bat and bird boxes and whether the site could be made greener.  It was noted that there were to be an average of 1.7 parking spaces per dwelling and there was a debate as to whether this was adequate.  It was also noted that most of the highways were to be adopted, with just the shared driveways be to maintained by the management company.

 

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

 

1.

The development to which this approval relates shall be begun no later than the expiration of 2 years from the final approval of the reserved matters, or in the case of approval on different dates, the final approval of the last such matter to be approved.

 

Reason: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended.

2.

This permission shall be read in accordance with the following plans:

 

Received by the Local Planning Authority on 30.07.21:

 

·       0104 Proposed First Floor Site Plan (1 of 3) rev C

·       0105 Proposed First Floor Site Plan (2 of 3) rev C

·       0106 Proposed First Floor Site Plan (3 of 3) rev C

·       0107 Proposed Second Floor Site Plan (1 of 3) rev C

·       0108 Proposed Second Floor Site Plan (2 of 3) rev C

·       0109 Proposed Second Floor Site Plan (3 of 3) rev C

·       0110 Proposed Third Floor Site Plan (1 of 3) rev C

·       0111 Proposed Third Floor Site Plan (2 of 3) rev C

·       0112 Proposed Third Floor Site Plan (3 of 3) rev C

·       0113 Proposed Roof Plan (1 of 3) rev C

·       0114 Proposed Roof Plan (2 of 3) rev C

·       0115 Proposed Roof Plan (3 of 3) rev C

 

Received by the Local Planning Authority on 27.06.22:

 

·       0001 Site Location Plan rev B

·       0050 Site Constraints Plan rev C

·       0150 Proposed Street Elevations (1 of 4) rev F

·       0151 Proposed Street Elevations (2 of 4) rev D

·       0152 Proposed Street Elevations (3 of 4) rev D

·       0153 Proposed Street Elevations (4 of 4) rev E

·       0201 Proposed Block Plan – Block 1 First Floor – Roof Plan rev D

·       0230 Block Section rev A

·       0231 Block Stair and Entrance Study rev A

·       0300 Proposed Unit Plans – Holt rev D

·       0301 Proposed Unit Plans – Dalby rev D

·       0302 Proposed Unit Plans – Weston semi rev D

·       0303 Proposed Unit Plans – Weston detached rev  ...  view the full minutes text for item 43.4

43.5

22/00295/FUL pdf icon PDF 2 MB

Installation of two lane cricket practice net facility to north west of the cricket ground

Cricket Pavilion and Sports Ground, Greenhills Road, Eastwood, Nottinghamshire, NG16 3FT

Minutes:

Installation of two lane cricket practice net facility to north west of the cricket ground

Cricket Pavilion and Sports Ground, Greenhills Road, Eastwood, Nottinghamshire, NG16 3FT

 

This application is brought to the Committee as the Council is the landowner.

 

There were no late items and no public speakers.

 

Discussions were had about the proposed development.

 

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, Elevations and Perspective Views and Details received by the Local Planning Authority on 17 June 2022 and Proposed Block Plan 1: 500 received by the Local Planning Authority on 14 July 2022.

 

Reason: For the avoidance of doubt.

 

3.

The proposed cricket nets shall not be used except between 08.30-20.00 hours Monday to Sundays, Bank Holidays and other public holidays without the prior agreement in writing of the Local Planning Authority.

 

Reason: To protect nearby residents from excessive operational noise, in accordance with Policy 19 of the Part 2 Local Plan (2019).

 

4.

No construction or site preparation work in association with this permission shall be undertaken outside of the hours of 08:00-18.00 Monday to Friday, 08:00-13:00 Saturdays and at no time on Sundays or Bank Holidays.

 

Reason: To protect nearby occupants from excessive construction noise and vibration, in accordance with Policy 19 of the Part 2 Local Plan (2019).

 

5.

No lighting/floodlighting shall be installed or operated in association with this permission

 

Reason: To protect nearby occupants from excessive light nuisance, in accordance with Policy 19 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 agreed determination timescale.

 

2.

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

 

43.6

21/00242/ENF pdf icon PDF 527 KB

Unauthorised air extraction units

Bistro 66 (formerly The Circle), 66 High Road, Beeston, Nottingham

Minutes:

Unauthorised air extraction units

Bistro 66 (formerly The Circle), 66 High Road, Beeston, Nottingham

 

This matter was brought before Committee by Councillor D K Watts.

 

There were no late items and no public speakers.

 

The Committee discussed the air extraction units, with particular reference to their having been no further complaints since their initial construction.

 

It was proposed by Councillor H E Skinner and seconded by Councillor G Marshall that the enforcement case be kept open and reviewed in one year so that if there were any further complaints the case for enforcement could be brought back to Committee.  On being put to the meeting the motion was passed.

 

            RESOLVED that the enforcement case be kept open and reviewed in one year so that if there were any further complaints the case for enforcement could be brought back to Committee.

44.

INFORMATION ITEMS pdf icon PDF 392 KB

44.1

Appeal Decision 21/00856/FUL pdf icon PDF 289 KB

Minutes:

The appeal decision was noted.

44.2

Delegated Decisions pdf icon PDF 260 KB

Minutes:

The delegated decisions were noted.