Agenda item

The report of the Director – Development and Economic Growth

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

 

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

 

23/01565/FUL – Detached garage with first floor store and external stairs. Car port (Retrospective) – 27 Main Street, Keyworth, Nottinghamshire

 

Updates

 

In accordance with the Council’s Public Speaking Protocol for Planning Committee, Mr H Cooke (Objector) and Councillor T Wells (Ward Councillor) addressed the Committee.

 

Comments

 

Members of the Committee expressed concern about the application being within a conservation area and highlighted the comments made by the Conservation Area Advisory Group that stated the design was clumsy and not in keeping with the area in which it sits.  The Committee said that although the staircase could not be viewed from the public realm they felt the design was not in keeping with its surroundings and created a consistent visual intrusion on the neighbouring property.

 

Councillor Thomas moved for refusal of the application, against the officer recommendation.

Seconded by Councillor A Brown

 

DECISION

 

PLANNING PERMISSION BE REFUSED FOR THE FOLLOWING REASON:

 

1.               The proposed detached garage, car port and external staircase would, by reason of its scale and siting in relation to the neighbouring property, 31A Main Street, result in a significant adverse impact through being visually intrusive, overbearing and result in overlooking contrary to Policy 10 (Design and Enhancing Local Identity) of the Local Plan Part 1: Core Strategy and Policies 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Local and Planning Policies, and the guidance contained within the National Planning Policy Framework, specifically Chapter 12 - Achieving Well Designed Places Paragraph 130(c)

 

2.               The proposed detached garage, external staircase and car port, by reason of their design, appearance, siting and location would not be a sympathetic addition to the host dwelling. The proposal would therefore result in an incongruous form of development contrary to Policy 10 (Design and Enhancing Local Identity) of the Rushcliffe Local Plan Part 1: Core Strategy and Policies 1 (Development Requirements) of the Rushcliffe Local Plan Part 2: Land and Planning Policies, and the guidance contained within the National Planning Policy Framework, specifically Chapter 12 - Achieving Well Designed Places, Paragraph 135.

 

Councillor T Wells re-joined the meeting.

 

The Chairman, Councillor R Butler removed himself from the committee and did not contribute to the discussion or vote on the following application.

 

20/02586/REM – Application for matters reserved under application ref 10/00559/OUT for the approval of the access, appearance, landscaping, layout and scale for the erection of a new footbridge over the Grantham Canal – Site of Former Cotgrave Colliery, Stragglethorpe Road, Stragglethorpe, 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 R Galij (Applicants Agent) and Councillor K Chewings (Ward Councillor) addressed the Committee.

 

Comments

 

Members of the Committee expressed concern about the accessibility of the foot bridge for all users and in particular the needs of cyclists and people with mobility difficulties and pushchairs. The Committee felt the applicant had not explored other accessible designs such as a swing or a lift bridge which would allow boat traffic as stipulated by the Canal and River Trust.

 

Councillor A Brown moved for refusal of the application against officer recommendation.

Seconded by Councillor H Parekh

 

DECISION

 

PLANNING PERMISSION BE REFUSED FOR THE FOLLOWING REASON:

 

1.               The detailed design of the proposed bridge fails to provide inclusive access for all users, and has not been designed as a cycle bridge, it is therefore detrimental to users amenity and ability to make use of the bridge to provide connectivity between the Former Cotgrave Colliery (now known as Hollygate Park) housing site and the rest of the Cotgrave.

 

This would be contrary to the following policies;

 

·         Policy 10: Design and Enhancing Local Identity of the Rushcliffe Local Plan Part 1 Core Strategy, specifically                          

 

All new development shall be designed to make:

b) create an attractive, safe, inclusive and healthy environment

e) reflect the need to reduce the dominance of motor vehicles

 

and

 

·         Policy 14: Managing Travel Demand of the Rushcliffe Local Plan Part 1 Core Strategy which states (inter alia)                                         

 

1. The priority for new developments is selecting sites already, or which can be made, accessible by walking, cycling and public transport. Where accessibility deficiencies do exist these will need to be fully addressed […..]

4. [……] and the implementation of the approach will have regard to the needs of people with mobility difficulties.

 

The Chairman, Councillor R Butler re-joined the meeting.

 

23/01605/FUL – Change of use of former Chapel (Use Class F1) to Hall or meeting place for the principal use of the community (Use Class F2) – Catalyst Church, Westminster Drive, Upper Saxondale, Nottinghamshire

 

Updates

 

An additional representation was received after the agenda was published and this was circulated to the committee before the meeting.

 

In accordance with the Council’s Public Speaking Protocol for Planning Committee, Mr T Kirby (Applicants Representative) Mr I Storey (Objector) and Councillor D Soloman (Ward Councillor) addressed the Committee.

 

Comments

 

Members of the Committee acknowledged the concerns regarding additional traffic and parking on Westminster Drive and requested an advisory note for the applicant to provide a Travel Plan.

 

Councillor C Thomas moved the recommendation.

Seconded by Councillor S Mallender

 

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 plans/drawings

 

Site Location Plan received by the Borough Council 23^rd August 2023

Ref. 0001 Proposed Elevations received by the Borough Council 23^rd August 2023

Ref. 0001 Floor Plan and Section received by the Borough Council 23^rd August 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.               All external doors and windows shall be kept closed during any events/activities where there is amplified sound and/or amplified music (live or recorded) being played and there shall be no amplified music played within the outdoor area of the site.

 

[To protect nearby residential properties from unacceptable levels of noise pollution 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)].

 

4.               Prior to any new external lighting being brought into first use, the submission and approval of a lighting assessment for the external lighting (together with a lux plot of the estimated illuminance). Any such assessment should consider the potential for light spill and/or glare, in accordance with the Institute of Lighting Professionals (ILP) Guidance Note for the Reduction of Obtrusive Light 01/21).

 

[To protect nearby residential properties from unacceptable levels of light pollution 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.               Before being brought into first use, the noise levels for 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. This report will need to make it clear that the plant/equipment is capable of operating without causing a noise impact on neighbouring properties.

 

[To protect nearby residential properties from unacceptable levels of noise pollution 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 only take place between the following hours:

 

08:00 to 22:00 on Mondays to Saturdays and;

 

08:00 to 20:00 on Sundays and Bank or Public Holidays.

 

[To protect the amenities of nearby residential properties, having regard to 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)].

 

7.               The development hereby permitted must not be occupied or first brought into use until written details of bicycle parking/storage areas within the site have been submitted to and approved in writing by the Local Planning Authority. The submitted details must show provision for the secure parking/storage of at least 5 bicycles within the site. The development must not be occupied or first brought into use until the bicycle parking/storage areas have been provided in accordance with the approved details. Thereafter the bicycle parking/storage areas must be retained on the site in accordance with the approved details and must be kept available for the parking of bicycles at all times.

 

[To ensure the there is adequate provision for the secure parking/storage of bicycles within the site to encourage the use of bicycles as an alternative to using motor vehicles having regard to Policy 14 (Managing Travel Demand) of the Rushcliffe Local Plan Part 1: Core Strategy (2014)].

 

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 land must only be used for use class F2 (b) Halls or meeting places for the principal use of the local community and for no other purpose whatsoever (including any other purpose within Class F2 of the Schedule to the Town and Country Planning (Use Classes) Order 2015 (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)].

 

Note to Applicant

 

It is understood that there may be a covenant on this property which could prevent the use/development authorised by this permission. You are reminded that this decision relates to planning law only and does not override the terms of any covenant.

 

The existing trees on the site are the subject of a Tree Preservation Order or protection by virtue of its Conservation Area setting and consent is needed for any works to uproot, cut down, top or lop the tree(s). Unauthorised works to a protected tree are a criminal offence.

 

The applicant is advised, that to reduce the potential impact of vehicular movements within the vicinity of the site and to encourage the use of alternative mode of transport to the motor car, to produce a travel plan setting out how users of the site will be encourage to walk, cycle, use public transport and share car journeys. Users of the community should be made aware of the travel plan, copies of which should be made available to them.