Agenda item

22/00892/FUL

Change of use of land to animal sanctuary with 27 guest cabins, reception / spa / retreat / education centre, ancillary restaurant building and animal houses /enclosures, creation of new access and car parking including landscaping

Land to west and south of Station House, The Forge, Trowell, Nottinghamshire

Minutes:

Change of use of land to animal sanctuary with 27 guest cabins, reception / spa / retreat / education centre, ancillary restaurant building and animal houses /enclosures, creation of new access and car parking including landscaping

Land to west and south of Station House, The Forge, Trowell, Nottinghamshire

 

The application was brought to the Committee at request of Councillor D Pringle. The proposal was also a departure from the Broxtowe Part 2 Local Plan 2019.

 

There were number of late items and one late, late item.  The late items included ten objections, four comments of support, a link to an online petition in support of the application and a written petition had been submitted by the applicant in support of the application.  A leaflet had been submitted by the applicant in support of the application and an email from the Born Free Foundation to the applicant advising on the care of his lions.  A comment was received from a Nottinghamshire County Councillor. The late, late item was a written petition submitted in opposition to the proposal.

 

There was a request from Councillor S J Carr that the precise contents of the email from the Born Free Foundation be shared.

 

It was proposed by Councillor R S Falvey and seconded by Councillor G Marshall that there be an adjournment of five minutes to allow Planning Officers to find the email.  On being put to the meeting, the motion was carried and the meeting was adjourned. 

 

When the meeting resumed, the late item comprised of the email from the Born Free Foundation was read to the Committee in full.

 

Reece Oliver, the applicant, Sarah Brown, supporting by written statement, Roger Gray, objecting, Katie Richards, objecting by written statement, and Councillor D D Pringle, Ward Member, made representation to the Committee prior to the general debate.

 

Having given due regard to the representations put before them, the Committee commenced the debate.  There was concern that there had been a lack of consideration of more suitable sites.  It was noted that the biodiversity net gain would be -16% and there would be a loss of ecology on the site, including protected species.  There were also comments on the importance of the site as a flood plain and a green corridor marking the boundaries between the settlements of Trowell and Ilkeston.  It was considered that the proposed development would lead to an increase in traffic and pollution.  There were concerns about the morality of keeping animals in captivity, the size of the site, security and the lack of details about the animals that would be kept on the proposed reserve.

 

As the debate progressed consideration was given to the ambition of the project and the opportunity for investment in the Borough.  The claim that the scheme was carbon negative was discussed. 

 

RESOLVED that planning permission be refused for the following reasons:

 

1.

The site lies within the Nottinghamshire Green Belt where inappropriate development is by definition harmful and should not be approved except in very special circumstances. In the opinion of the Local Planning Authority the proposed development represents inappropriate development and it is considered that very special circumstances have not been demonstrated to justify the granting of planning permission in this instance. The application is therefore not in accordance with Policy 3 - The Green Belt of the Broxtowe Aligned Core Strategy Part 1 Local Plan (2014), Policy 8 - Development in the Green Belt of the Broxtowe Part 2 Local Plan (2019) and Part 13 – Protecting Green Belt land of the National Planning Policy Framework 2023.

 

2.

The submitted scheme, by virtue of its siting, size, scale and design would represent an unsatisfactory form of development to the detriment of the character of the Erewash River Corridor landscape area and the openness of the Green Belt in this location. The proposed development is therefore contrary to Policy 10 - Design and Enhancing Local Identity and Policy 16 - Green Infrastructure, Parks and Open Space of the Broxtowe Aligned Core Strategy (2014) and Policy 17 - Place-making, Design and Amenity and Policy 30 – Landscape and of the Broxtowe Part 2 Local Plan (2019).

 

3.

The proposed development would be located on land which is identified by the Environment Agency as being within flood zones 2 and 3. It is considered that the submitted sequential test search area is inadequate for a development in this location and of this nature and insufficient evidence to justify the proposed development in an area of high probability to flooding has been submitted. The application is as such contrary to the aims of Policy 1 - Climate Change of the Broxtowe Aligned Core Strategy Part 1 Local Plan (2014) and Policy 1 – Flood Risk of the Broxtowe Part 2 Local Plan (2019).

 

4.

The proposed development is a main town use and would be located on land outside of any nearby town centre and edge of centre. It is considered that the submitted sequential test search area is inadequate for a development in this location and of this nature and insufficient evidence to justify the proposed development in an out of centre of location has been submitted. The application is as such contrary to the aims of Policy 6 - Role of Town and Local Centres of the Broxtowe Aligned Core Strategy Part 1 Local Plan (2014) and Policy 13 - Proposals for Main Town Centre Uses in Edge-of-Centre and Out-of-Centre Locations of the Broxtowe Part 2 Local Plan (2019).

 

5.

The site lies within Trowell Junction Grassland Local Wildlife Site (LWS) and is bordered by the River Erewash which forms a Green Infrastructure Corridor. The proposal would result in an adverse impact on protected species, as well as the loss of a biodiversity asset (LWS) and fragmentation of a key wildlife corridor and ecological network. Furthermore, the proposal fails to deliver a biodiversity net gain to the detriment of the locality. The application is as such contrary to Policy 16 - Green Infrastructure, Parks and Open Space and Policy 17 - Biodiversity of the Broxtowe Aligned Core Strategy Part 1 Local Plan (2014) and Policy 28 - Green Infrastructure Assets and 31 – Biodiversity of the Broxtowe 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.

 

 

(Councillor D Bagshaw joined the meeting during the item and therefore did not Chair the meeting, join in the debate or vote thereon.)

Supporting documents: