Agenda item

The report of the Director for Development and Economic Growth

The Committee considered the written report of the Director for Development and Economic Growth relating to the following applications, which had been circulated previously.

 

21/03201/VAR - Variation of Condition 34 (Delivery and distribution operating hours) of planning permission 19/01871/VAR to increase the hours for deliveries to and distribution associated with the existing B8 uses (hangars 1 -5), including plant and associated equipment, to provide more flexible delivery times – Former RAF Newton Aerodrome, Wellington Avenue, Newton, Nottinghamshire

 

Update

 

Additional representations were received after the agenda was published and were circulated to the Committee before the meeting.

 

In accordance with the Council’s Public Speaking Protocol for Planning Committee, Ms S Shaw (Parish Council Chairman) and Councillor D Simms (Ward Councillor) addressed the Committee.

 

Comments

 

Members of the Committee expressed their concerns in respect of the additional hours and the nuisance to the neighbouring housing development and the likely, noise and dust pollution caused by the extra HGV’s. In addition, Members considered that extending the hours beyond a normal working day would have a significant adverse affect on the amenity of the residents (both current and in the future) of the housing development.

 

DECISION

 

PLANNING PERMISSION BE REFUSED FOR THE FOLLOWING REASONS:

 

1.               The proposed extended hours of deliveries and distribution would create an unacceptable increase in the level of noise, nuisance, dust and pollution which would detrimentally impact the occupiers of neighbouring residential properties. The proposal is, therefore, contrary to Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies which states; Planning permission for new development, changes of use, conversions or extensions will be granted provided that, where relevant, the following criteria are met:

 

a)    there is no significant adverse effect upon the amenity, particularly residential amenity of adjoining properties or the surrounding area, by reason of the type and levels of activity on the site, or traffic generated;

b)    a suitable means of access can be provided to the development without detriment to the amenity of adjacent properties or highway safety and the provision of parking is in accordance with advice provided by the Highways Authority;

 

2.               The proposed extended hours of deliveries and distribution would result in an unacceptable increase in HGV traffic outside of normal operating hours which would increase the danger to residents of the area (particularly children). The proposal is, therefore, contrary to Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies which states; Planning permission for new development, changes of use, conversions or extensions will be granted provided that, where relevant, the following criteria are met:

 

a)    there is no significant adverse effect upon the amenity, particularly residential amenity of adjoining properties or the surrounding area, by reason of the type and levels of activity on the site, or traffic generated;

b)    a suitable means of access can be provided to the development without detriment to the amenity of adjacent properties or highway safety and the provision of parking is in accordance with advice provided by the Highways Authority;

 

3.               The proposed extended hours of extended deliveries and distribution would have a negative impact on the ability of local residents to have peaceful enjoyment of their amenity space during the weekends and evenings, The proposal is, therefore, contrary to Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies which states;

Planning permission for new development, changes of use, conversions or extensions will be granted provided that, where relevant, the following criteria are met:

 

a)    there is no significant adverse effect upon the amenity, particularly residential amenity of adjoining properties or the surrounding area, by reason of the type and levels of activity on the site, or traffic generated;

b)    a suitable means of access can be provided to the development without detriment to the amenity of adjacent properties or highway safety and the provision of parking is in accordance with advice provided by the Highways Authority

 

22/01041/FUL – Two storey rear extension. Conversion of carport to garage. New front porch. New rear dormer. New detached garden room/office; Alterations to fenestration – 13 Cherry Street, Bingham Nottinghamshire

 

Update

 

Additional representations were received after the agenda was published and were circulated to the Committee before the meeting.

 

In accordance with the Council’s Public Speaking Protocol for Planning Committee, Ms A Jackson (Objector) addressed the Committee.

 

Comments

 

Members of the committee expressed their concerns in respect of the impact of the proposal on the neighbouring residential amenities and considered the proposal to have an overbearing impact, as well as having an impact upon the characteristics and appearance on the Bingham conservation area.

 

DECISION

 

PLANNING PERMISSION BE REFUSED FOR THE FOLLOWING REASONS:

 

1.               The proposed two storey rear extension would, by virtue of its size, scale and massing, result in an unacceptable overbearing impact on number 11 Cherry Street which would be detrimental to the amenity of this neighbour contrary to Policy 1 – Development Requirements of the Rushcliffe Local Plan Part 2: Land and planning Policies, specifically part 4 which states; The scale, density, height, massing, design, layout and materials of the proposal is sympathetic to the character and appearance of the neighbouring buildings and the surrounding area. It should not lead to an over intensive form of development, be overbearing in relation to neighbouring properties, nor lead to undue overshadowing or loss of privacy;

 

2.               The proposed two storey rear extension would have an unacceptable impact on the character and appearance of the Bingham Conservation Area by reason of its scale, massing and relationship with existing built form. This would be contrary to Policy 11 (Historic Environment) of the Rushcliffe Borough Local Plan Part 1: Core Strategy and Policy 28 – Conserving and Enhancing Heritage Assets of the Rushcliffe Borough Local plan Part 2: Land and Planning Policies.

 

22/00394/FUL – Change of use from car sales to industrial (resubmission of 21/02815/FUL) – Unit 1, Machins Industrial Estate, Nottingham Road, Gotham, Nottinghamshire

 

Updates

 

There were no updates to report.

 

DECISION

 

PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

 

1.              The development must be begun not later than the expiration of three years beginning with the date of this permission.

 

[To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004].

 

 2.      The development hereby permitted must be carried out strictly in accordance with the following approved plan(s)/drawings/documents: Site location plan and floorplan received 26th February 2022.

 

          [For the avoidance of doubt having regard to Policy 10 of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).]

 

 3.      The hours of operation shall be limited to Monday to Saturday - 7.00am to 7.00pm and Sundays and Bank Holidays- 10.00am to 3.00pm .

 

          To limit disturbance to neighbouring residential properties  and in accordance with Policy 1 - Development Requirements of the Rushcliffe Local Plan Part 2: Land and Planning Policies

 

 4.      Within 1 month of the unit being brought into use the external venting area for the previously installed fume extraction shall be made good.

 

 

          [To ensure the satisfactory appearance of the building and to protect nearby residential properties from unacceptable fumes, odours or noise having regard to Policies 1 (Development Requirements), 39 (Health Impacts of Development) and 40 (Pollution and Contaminated Land) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).]

 

 5.      Prior to any fume extraction equipment being installed, full details of any externally mounted plant or equipment, together with any internally mounted equipment which vents externally, shall be submitted to and approved by the Local Planning Authority. If this information is inconclusive or not complete, then the applicant will be required to undertake a full noise assessment in accordance with BS 4142:2014+A1:2019: Methods for rating and assessing industrial and commercial sound, and where applicable an odour and/or dust assessment. The information submitted will need to make it clear that the plant/equipment is capable of operating without causing a noise, odour and/or dust impact on neighbouring properties.

 

[To protect nearby residential properties from unacceptable fumes, odours or noise having regard to Policies 1 (Development Requirements), 39 (Health Impacts of Development) and 40 (Pollution and Contaminated Land) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019).]

 

6.       The use hereby permitted shall be restricted to Industrial uses as specified in part E'g'(iii) of The Town and Country Planning (Use Classes) Order 1987 (as amended), and not for any other purposes without the prior approval of the local planning authority.

 

          [To protect the amenities of neighbouring residential properties  and in accordance with Policy 1 - Development Requirements of the Rushcliffe Local Plan Part 2: Land and Planning Policies]