Agenda item

CHANGE USE OF 4 GROUND FLOOR RETAIL UNITS AND BASEMENTS (CLASS A1) TO FORM 11 APARTMENTS (CLASS C3), EXTERNAL ALTERATIONS AND CONSTRUCT REAR EXTENSIONS.

242, 244, 248, 250, 252, & 254 DERBY ROAD STAPLEFORD NG9 7BG

Change use of 4 ground floor retail units and basements (class A1) to form 11 apartments (class C3), external alterations and construct rear extensions

242, 244, 248, 250, 252, & 254 Derby Road, Stapleford, NG9 7G

The application to change four ground floor retail units and basements to form eleven apartments was first brought before Planning Committee on 10 October 2018 and members resolved to grant planning permission.

The application was returned to the Committee as a result of an objection by HS2 Ltd following changes to the safeguarding zone for the HS2 route.

Members were asked to consider a late item for the application which stated that the Government had announced on 21 August 2019 that an independent review was to be carried out to assess “whether and how” HS2 should proceed. The report was expected to be published in December 2019. It was not currently known when a final decision would be made by the Government.

There were no public speakers.

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

·       Should the application be granted the property would have enhanced value. The owners of the property should not be denied because of HS2.

·       Although the Town was in need of regeneration the law should be followed.

·       HS2 had changed the boundaries and turning the application down would reduce the value of the site.

·       The options were to refuse the application, defer, grant as previously or to grant with an additional condition to return the land to HS2 if it was required.

·       The safeguarding zone had been a block but weight should be given to HS2.

·       There was an opportunity to enhance Stapleford which should be taken. The decision should be made for the good of the Borough.

On being put to the vote the motion was defeated.

It was proposed by Councillor D K Watts and seconded by Councillor R I Jackson that planning permission be granted in line with the application that was initially considered on 10 October 2018. On being put to the vote, the proposal was carried.

          RESOLVED that:

The Head of Neighbourhoods and Prosperity be given delegated authority to grant planning permission following referral to the Secretary of State for Transport subject to:

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

(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.

2.     The development hereby permitted shall be carried out in accordance with site location plan received by the Local Planning Authority on 23 April 2018; the drawings numbered: DB/MW/17/49/05 rev A, received by the Local Planning Authority on 10 July 2018; and DB/MW/17/49/04 rev C, DB/MW/17/49/06 rev A, DB/MW/17/49/07 rev D and DB/MW/17/49/08 rev C received by the Local Planning Authority on 17 September 2018.

3.     The extension shall be constructed using bricks and, where applicable, tiles of a type, texture and colour so as to match those of the existing building.

4.     The proposed boundary treatment/fencing for each dwelling shall be erected in accordance with the approved plans and details prior to the occupation of that dwelling.

5.     No dwelling shall be occupied 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)    trees, hedges and shrubs to be retained and measures for their protection during the course of development

        (b)    numbers, types, sizes and positions of proposed trees and shrubs

        (c)    proposed hard surfacing treatment

        (d)    proposed lighting details

        (e)    planting, seeding/turfing of other soft landscape areas

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

6.     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.

Reasons

1.          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.          For the avoidance of doubt.

3.     To ensure a satisfactory standard of external appearance and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014)

4.     In the interests of residential amenity and the appearance of the area and in accordance with Policy 10 of the Aligned Core Strategy (2014)

5.     No such details were submitted and to ensure that the details are satisfactory in the interests of the appearance of the area and in accordance with the aims of Policy 10 of the Aligned Core Strategy (2014)

6.     To ensure the development presents a more pleasant appearance in the locality and in accordance with Policy 10 of the Aligned Core Strategy (2014)

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.     Please note that this permission has been granted contemporaneously with an agreement under Section 106 of the Town and Country Planning Act 1990, and reference should be made thereto.

3.     Sound insulation to limit the transmission of noise between each property should achieve the minimum requirements as contained in the current version of British Standard Approved Document E.

4.     Given the proximity of residential properties, it is advised that contractors limit noisy works to between 08.00 and 18.00 hours Monday to Friday, 08.00 and 13.00 hours on Saturdays and no noisy works on Sundays and Bank Holidays. There should also be no bonfires on site at any time.