Agenda item

Planning Applications

Meeting of Planning Committee, Thursday, 8th June, 2023 2.30 pm (Item 3.)

The report of the Director for Development and Economic Growth

Minutes:

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

Councillor T Wells removed himself from the Committee and did not contribute to the discussion or vote on the following application.

23/00007/TORDER – Stanton on the Wolds No1 Tree Order – Stanton on the Wolds Golf Club

It was RECOMMENDED that the Stanton on the Wolds No.1 Tree Preservation Order 2023 be confirmed without modification.

Councillor T Wells re-joined the meeting

22/01468/REM - Application for matters reserved under permission 19/01871/VAR to seek approval for access, appearance, landscaping, layout, and scale of commercial development - Land at former RAF Newton, Wellington Avenue, Newton, Nottinghamshire

Updates

Additional representations were received after the agenda was published and these were circulated to the Committee before the meeting. In accordance with the Council’s Public Speaking Protocol for Planning Committee, Ms M Goulder (Objector and Chair of Parish Council) and Councillor D Soloman (Ward Councillor) addressed the Committee.

Comments

Members of the Committee expressed their concerns in respect of HGV’s accessing the village via Wellington Avenue and the impact of extra traffic on the amenities of residents in the village and requested whether an additional condition could be added to prevent all vehicles exiting the site from turning right into the village. Members commented on the requirement to widen Newton Lane to accommodate the increased usage of HGV’s. Members also commented on the size of the building and whether the applicant could be encouraged to apply solar panels to support the Council’s environmental objectives.

DECISION

PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1. The development hereby permitted shall be carried out in accordance with the following drawing numbers:

• 21677-0310-P-08 Site Arrangement Plan

• 21677-0311-P-03 Building Arrangement Plan

• 21677-0312-P-04 Site Levels Plan

• 21677-0313-P-04 Building Elevations

• 21677-0314-P-03 Hard Surfaces Plan

• 21677-0315-P-02 Boundary Plan

• 21677-0316-P-01 Bin Store

• 21677-0317-P-01 Cycle Stores

• 21677-0319-P-01 Contractors Compound

• RAFNTRP – May 23 Tree Retention and Protection Plan

• 974 01 D Landscape Masterplan

• 974 02 D Landscape Softworks Plan

• 2273 48A HGV and Car Park Access.

[For the avoidance of doubt; and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy].

2. The materials, as specified on drawing number 21677-0313 Revision P-04shall be used for the external walls and roof of the building hereby approved. However, before the building proceeds above foundation level details of the colour, textures and finishes of the materials shall be submitted to and approved in writing by the local planning authority. Thereafter the development shall be undertaken in accordance with the materials as approved. If any alternative materials are proposed to be used, prior to the building affected advancing beyond foundation level, details of any alternative facing and roofing materials to be used on their external elevations shall be submitted to and approved in writing by the Borough Council as a discharge of condition application. In such a scenario the development shall be undertaken in accordance with the revised materials as approved.

[For the avoidance of doubt and to protect the amenities of future occupiers and to comply with Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies and Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy].

3. No part of the development hereby permitted shall be brought into use until all the footways, footpaths, the HGV and Car Park accesses has been constructed as shown on drawing number 2273.48A (titled: HGV AND CAR PARK ACCESS TO EMPLOYMENT LAND). The footways, footpaths and accesses shall then be maintained for the life of the development.

[In the interests of highway safetyhaving regard to Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)].

4. No part of the development hereby permittedshall take place until details of the internal roads, accesses and footways have been submitted to and approved in writing by the Local Planning Authority including longitudinal and cross-sectional gradients, street lighting, drainage and outfall proposals, construction specification, provision of and diversion of utilities services, and any proposed structural works. The development shall be implemented in accordance with these details to the satisfaction of the Local Planning Authority.

[To ensure the development is constructed to adoptable standards in the interests of highway safety having regard to Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)].

5. The development hereby permitted must not be commenced until the tree protection measures shown on the submitted drawing number RAFNTRP - May 23 Tree Retention and Protection Plan and within the accompanying methodology described in Section 6 of the BS5837 Tree Constraints, Tree Impacts and Draft Tree protection Method Statement for Commercial Development report prepared by B.J. Unwin Forestry Consultancy have been implemented in accordance with those approved details. Thereafter the approved tree protection measures must remain in place on the site throughout the construction of the development hereby permitted. No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities are permitted within the protected area(s) without the written agreement of Local Planning Authority.

[To ensure the adequate protection of the existing trees and hedgerows on the site during the construction of the development having regard to regard to Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policies 37 (Trees and Woodlands) and 38 (Non-Designated Biodiversity Assets and the Wider Ecological Network) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 15 (Conserving and Enhancing the Natural Environment) of the National Planning Policy Framework].

6. The hard and soft landscaping shown on the submitted drawing(s) 21677-0314 - Revision P-03 Building Arrangement Plan, 947-01D Landscape Masterplan and 974-02D Landscape Softworks Plan including the works outside of the redline, but within the blueline must be carried out and completed in accordance with those approved details not later than the first planting season (October – March) following either the substantial completion of the development hereby permitted or it being first brought into use, whichever is sooner. If, within a period of 5 years of from the date of planting, any tree or shrub planted as part of the approved LS is removed, uprooted, destroyed, dies or become diseased or damaged then another tree or shrub of the same species and size as that originally planted must be planted in the same place during the next planting season following its removal.

[To ensure the development creates a visually attractive environment and to safeguard against significant adverse effects on the landscape character of the area having regard to Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapter 12 (Achieving Well-designed Places) of the National Planning Policy Framework].

7. The development hereby permitted must not be occupied or first brought into use until details of the proposed bunding within the landscaped area at the western end of the site have been submitted to and approved in writing by the Local Planning Authority.

The details should include the following:

· An accurate survey of the existing levels of the site within and adjoining the landscaping area within which the bund is proposed

· An accurate plan detailing the proposed levels either side of the landscaping area within which the bund is proposed

· Detailed plans showing a section and the profile of the proposed bund, broadly in accordance with drawing number 21677-0323-P-00 Proposed Bund Section

· Detailed plans of all dimensions of the proposed bund

· Details of the proposed management and maintenance schedule for all the landscaped areas covered by this application, including details of how the bund will be managed and maintained to ensure its profile, height and dimensions re not depleted by natural erosion, weather events or other circumstances and if it were to be, how and when the profile and dimensions of the bund would be restored to its approved levels

· Plans showing the proposed finished land levels/contours of landscaped areas.

The approved bunding must be carried out and completed in accordance with the approved details no later than during the first planting season (October – March) following either the substantial completion of the development hereby permitted, or it being first brought into use, whichever is sooner, and thereafter be retained and maintained for the lifetime of the development in accordance with the approved details.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order) the building hereby approved must only be used for uses within Use Class E(g)(i), (ii), and (iii), and/or Use class B2 and/or Use Class B8 purposes and for no other purpose whatsoever (including any other purpose within Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any provision equivalent to that class in any Statutory Instrument revoking and/or re-enacting that Order with or without modification) without express planning permission from the Local Planning Authority.

[In order that the Local Planning Authority may retain control over any future use the land due its particular character and location, having regard to Policy 10 (Design and Enhancing Local Identify) of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)].

9. The building hereby permitted must not be occupied until the Electric Vehicle Charging points (EVCP’s) shown on drawing 21677-0310-Revision P-08 Site Arrangement Planhave been installed in accordance with that drawing. Thereafter an EVCP must be permanently retained at the building in accordance with the approved drawing throughout the lifetime of the development.

[To promote sustainable transport measures that will help lead to a reduction in carbon emissions within the Borough and help contribute towards a reduction in general air quality having regard to Policy 2 (Climate Change) of the Local Plan Part 1: Core Strategy (2014) and Policy 41 (Air Quality) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)].

10. Regardless of the details shown on drawing number 2273 48A “HGV and Car Park Access” the building hereby approved shall not be brought into use until details of measures to restrict HGVs exiting the site left onto Newton Lane and accessing the site via a right turn from Newton Lane, have been submitted to and been approved in writing by the Local Planning Authority. Thereafter the measures shall be implemented in accordance with the approved details prior to the building being first brought into use, and thereafter be retained in situ for the lifetime of the development.

[To prevent HGVs existing the site through the residential area in the interests of residential amenity and highway safety having regard to Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)].

11. Prior to the building hereby approved first being brought into use details of solar panels to be installed on the roof of the building shall be submitted to and been approved in writing by the Local Planning Authority. Thereafter the solar panels shall be implemented in accordance with the approved details prior to the building being first brought into use, and thereafter be retained in situ for the lifetime of the development.

[To promote sustainable energy measures that will help lead to a reduction in carbon emissions within the Borough and help contribute towards a reduction in general air quality having regard to Policy 2 (Climate Change) of the Local Plan Part 1: Core Strategy (2014) and Policy 41 (Air Quality) of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)].

NOTES TO APPLICANT

Please be advised that all applications approved on or after the 7th of October 2019 may be subject to the Community Infrastructure Levy (CIL). The Borough Council considers that the approved development is not CIL chargeable, as the uses permitted under condition 8 of this decision notice are not chargeable uses on the Council’s CIL. Further information about CIL can be found on the Borough Council's website at

https://www.rushcliffe.gov.uk/planningandgrowth/cil/.

The applicant, and any subsequent owner(s) of the site are advised that if, as a result of the S38 process the internal layout and positioning of any highway(s), footway(s), buildings or any other physical built feature should alter from its position shown on the approved layout drawings referred to in condition 1 of this permission that the owners shall contact the Local Planning Authority to advise on the nature of any such change(s) and seek guidance on the appropriate process to regularise any such alteration from the approved drawings. Thereafter the most appropriate form of application to regularise any alterations shall be submitted to prior to any works affecting the changed part(s) of the site commencing. That is to say, the S38 technical approval process shall not be controlled, impacted upon, or influenced by the approval of the planning drawings referred to in condition 1 of this permission.

This permission does not give any legal right for any work on, over or under land or buildings outside the application site ownership or affecting neighbouring property, including buildings, walls, fences, and vegetation within that property/neighbouring land. If any such work is anticipated, the consent of the adjoining landowner(s) must first be obtained. The responsibility for meeting any claims for damage to such features lies with the applicant.

You are advised to ensure disturbance to neighbours is kept to a minimum during construction by restricting working hours to Monday to Friday 7.00am to 7.00pm, Saturday 8.00am to 5.00pm and by not working on Sundays or Bank Holidays. If you intend to work outside these hours, you are requested to contact the Environmental Health Officer on 0115 9148322.

This Authority is charging for the discharge of conditions in accordance with revised fee regulations which came into force on 6 April 2008. Application forms to discharge conditions can be found on the Rushcliffe Borough Council website.

It is an offence under S148 and S151 of the Highways Act 1980 to deposit mud on the public highway and as such you should undertake every effort to prevent it occurring.

The applicant is reminded to ensure that any pre-commencement conditions attached to the outline permission (ref 19/01871/VAR) are formally discharged prior to any development lawfully commencing on the site. Pre-commencement conditions may include matters relating to ecology, works to the highways, construction method statements, travel plan and external lighting amongst others. All other relevant conditions of permission reference ref 19/01871/VAR also need to be complied with. The specific requirement to widen Newton Lane as covered by condition 14 of the outline permission is hereby emphasised.

Councillor C Thomas removed herself from the Committee and did not contribute to the discussion or vote on the following application.

23/00348/FUL - Erection of new single storey side and rear extension. Provision of 1.8m high boundary fence. Construction of retaining wall and steps to rear – 6 Main Street, Stanford on Soar, Nottinghamshire

23/00349/LBC - Demolition of existing lean-to side extension and erection of new single storey side extension. Erection of 1.8m high boundary fence. Works to parapet; replacement of tiles to ground floor and insertion of fire-break to loft space – 6 Main Street, Stanford on Soar, Nottinghamshire

Updates

Additional representations were received after the agenda was published and these were circulated to the Committee before the meeting. In accordance with the Council’s Public Speaking Protocol for Planning Committee, Mr N Cooper (Applicants Agent) and Councillor Lesley Way (Objector) addressed the Committee. Councillor M Barney (Ward Councillor) provided a written statement which was read out to the Committee by the Borough Solicitor.

Comments

Cllr Ellis moved refusal on two grounds:

1. the public benefits of the works to the Listed Building would not outweigh the less than substantial harm occasioned by the proposed extensions

2. The proposed extension would be of a disproportionate size to the host dwelling.

This was seconded by Cllr Brown and the vote was lost

Cllr Wells then moved recommendation to approve as per report and Cllr Butler seconded.

DECISION

23/00348/FUL

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 drawing(s):

• Site Location Plan – dwg. no. 8409_03_001 – received 23 February 2023

• Proposed Site Plan - dwg. no. 8409_03_004 - received 23 February 2023

• Proposed Ground Floor Plans - dwg. no. 8409_03_005 rev. C - received 5 April 2023

• Proposed Elevations - dwg. no. 8409_03_006 rev. C - received 5 April 2023.

[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 exterior of the development hereby permitted must be constructed using only the materials specified in the submitted application form and dwg. no. 8409_03_006 rev. C received 23 February 2023 and 5 April 2023 respectively. If any alternative materials are proposed to be used, then prior to the development advancing beyond damp proof course level, the details of all alternative external materials must be submitted to and approved in writing by the Borough Council. Thereafter the development must be carried out in accordance with the approved, alternative materials.

[To ensure the appearance of the development is satisfactory having regard to Policies 10 and 11 of the Rushcliffe Local Plan Part 1: Core Strategy 2014 and Policies 1 and 28 of the Rushcliffe Local Plan Part 2: Land and Planning Policies 2019].

4. The development hereby permitted must not be occupied or first brought into use until a Landscaping Scheme (LS), has been submitted to and approved in writing by the Local Planning Authority.

The LS must provide details of all hard and soft landscaping features to be used and include the following:

• Detailed plans showing the location of all new trees, hedgerows (including details of the replacement hedging to the northern boundary of the site) and shrubs to be planted, including the number and/or spacing of shrubs in each shrub bed or hedgerow;

• A schedule of the new trees and shrubs (using their botanical/latin names) to be planted including their size at planting (height or spread for shrubs, height or trunk girth for trees);

• Plans showing the proposed finished land levels/contours of landscaped areas;

• Details of all proposed hard surfaces areas, retaining structures, steps, means of enclosure, bin store, surface finishes and any other hard landscaping features;

• Details of the protection measures to be used of any existing landscape features to be retained.

The approved LS must be carried out and completed in accordance with the approved details no later than during the first planting season (October – March) following either the substantial completion of the development hereby permitted or it being first brought into use, whichever is sooner.

The approved replacement hedgerow on the northern boundary shall be retained and maintained for the life of the development and encouraged to grow to a height of no less than 2.75m and thereafter not reduced in height below 2.75m without the written permission of the Borough Council.

If, within a period of 5 years of from the date of planting, any tree or shrub planted as part of the approved LS is removed, uprooted, destroyed, dies or become diseased or damaged then another tree or shrub of the same species and size as that originally planted must be planted in the same place during the next planting season following its removal.

Once provided all hard landscaping works shall thereafter be permanently retained throughout the lifetime of the development.

[To ensure the development creates a visually attractive environment and to safeguard against significant adverse effects on the landscape character of the area having regard to Policies 10 and 11 of the Rushcliffe Local Plan Part 1: Core Strategy (2014); Policies 1 and 28 of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019) and Chapters 12 and 16 of the National Planning Policy Framework (2021)].

NOTES TO APPLICANT

Please be advised that all applications approved on or after the 7th October 2019 may be subject to the Community Infrastructure Levy (CIL). Further information about CIL can be found on the Borough Council's website at

https://www.rushcliffe.gov.uk/planningandgrowth/cil/

You are advised to ensure disturbance to neighbours is kept to a minimum during construction by restricting working hours to Monday to Friday 7.00am to 7.00pm, Saturday 8.00am to 5.00pm and by not working on Sundays or Bank Holidays. If you intend to work outside these hours you are requested to contact the Environmental Health Officer on 0115 9148322.

This permission does not give any legal right for any work on, over or under land or buildings outside the application site ownership or affecting neighbouring property, including buildings, walls, fences and vegetation within that property. If any such work is anticipated, the consent of the adjoining landowner must first be obtained. The responsibility for meeting any claims for damage to such features lies with the applicant.

The provisions of the Party Wall Act 1996 may apply in relation to the boundaries with the neighbouring properties. A Solicitor or Chartered Surveyor may be able to give advice as to whether the proposed work falls within the scope of this Act and the necessary measures to be taken. You can find more information about the Party Wall Act here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

23/00349/LBC

PLANNING PERMISION 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.

[In accordance with Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51(4) of the Planning and Compulsory Purchase Act 2004.].

2. The development hereby permitted must be carried out strictly in accordance with the following approved drawings and documents:

- Site Location Plan – dwg. no. 8409_03_001 – received 23 February 2023

- Proposed Site Plan - dwg. no. 8409_03_004 - received 23 February 2023

- Proposed Ground Floor Plans - dwg. no. 8409_03_005 rev. C - received 5 April 2023

- Proposed Elevations - dwg. no. 8409_03_006 rev. C - received 5 April 2023

- Heritage Statement – Prepared by Manorwood – received 23 February 2023

- Letter from HSSP Architects detailing repair and renovation works – dated 3 April 2023.

[For the avoidance of doubt having regard to Policies 10 and 11 of the Rushcliffe Local Plan Part 1: Core Strategy (2014) and Policies 1 and 28 of the Rushcliffe Local Plan Part 2: Land and Planning Policies (2019)].

4. Prior to the material completion of the extension hereby approved the following works shall have been completed and photographic evidence submitted to the Borough Council:

· the alterations to the parapet wall to prevent damp and deterioration of the brickwork; and

· creation of the firebreak in the roof void to protect the application property and the neighbouring property from the risk of fire spread across the open roof void.

[To ensure the public benefits are implemented in line with guidance in Section 16 of the NPPF (2021)].

Councillor C Thomas re-joined the meeting.

23/00673/FUL – Construction of a single storey flat roof extension – The Kiosk, Bridgford Park, Bridgford Road, West Brisdgford, Nottinghamshire

Updates

There were no updates for this application.

DECISION

PLANNING PERMISSION BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

2. 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 shall be carried out in accordance with the following approved plans:

· Proposed floor plans Dwg No. G/1202_05

· Proposed north elevation Dwg No. G/1202_6

· Proposed east elevation Dwg No. G/1202_09

· Proposed west elevation Dwg No. G/1202_11.

[For the avoidance of doubt and to comply with Policy 1 (Presumption in Favour of Sustainable Development) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land & Planning Policies].

3. The materials specified in the application shall be used for the external walls and roof of the development hereby approved and no additional or alternative materials shall be used.

[To ensure the appearance of the development is satisfactory and to comply with Policy 1 (Presumption in Favour of Sustainable Development) of the Rushcliffe Local Plan Part 1: Core Strategy and Policy 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land & Planning Policies].

Supporting documents: