Agenda and minutes

Councillor Alan Clark  -  annual leave

Councillor Ginny Klein  -  personal

Councillor Eileen Morley  -  annual leave

Councillor Wendy Smith  -  personal

If you need any advice on declaring an interest, please contact the Constitutional Services Officer shown above, if possible before the day of the meeting

(I)  Agenda item 6f: Planning application – Fairham Brook Nature Reserve, Green Lane

Councillor Chris Gibson declared an interest as ward Councillor for the area but considered this to be neither personal nor pecuniary and was therefore able to take part in the discussion and vote.

(II)  Agenda item 6g: Planning application – 294 Hucknall Road

Councillor Chris Gibson declared an interest due to his dealings with members’ casework connected to the site, but not related to the merits of the application. Councillor Gibson did not consider the interest to be personal or pecuniary and remained in the room during the discussion of the item.

(III)  Agenda item 6f: Planning application – Fairham Brook Nature Reserve,  Green Lane

Councillors Michael Edwards and Roger Steel both declared an interest as local ward Councillors, although having participated in a discussion on the item at a recent Area Committee, they considered the interests to be neither personal or pecuniary but decided to leave the room prior to the discussion of the item.

(IV)  Agenda item 6b: Planning application – Gresham Works, London Road

Councillor Malcolm Wood declared a personal interest as a City Council appointed member of the Nottinghamshire and City of Nottingham Fire and Rescue Authority and remained in the room during the discussion.

Last meeting held on 18 June 2014 (for confirmation)

The Committee confirmed the minutes of the meeting held on 18 June 2014 as a correct record and they were signed by the Chair.

To note that Councillor Emma Dewinton has been replaced by Councillor Gul Khan as a member of this Committee

The Committee noted that Councillor Emma Dewinton has been replaced by Councillor Gul Khan as a member of the Committee.

RESOLVED to appoint Councillor Cat Arnold as Vice-Chair for the remainder of the 2014-15 municipal year.

Outline planning permission for development of a foodstore, retail units, a restaurant building, an employment/ancillary use building and 235 car parking spaces

Martin Poole, Area Planning Manager, introduced a report of the Head of Development Management and Regeneration on application 14/01140/POUT, submitted by Signet Planning Limited on behalf of Cedar House Investments, for the development, including access, public realm and landscaping, of a food store (Class A1) of 1,531sq/mt gross, other retail units (Class A1) of 2,787sq/mt in total, a restaurant building (Class A3) of 186sq/mt, an employment/ancillary use building (Class B1/D1) of 311sq/mt and 235 car parking spaces.

The Committee supported the proposals for this major development close to Sneinton but raised concerns about the car park elevation and requested that consideration be given to screening the car park and providing enhanced views. In response, Martin Poole confirmed that boundary treatment would be effectively managed through conditions.

RESOLVED

(1)  to grant planning permission, notwithstanding amendments to the final boundary treatment which is to be agreed by officers, subject to:

(a)  prior completion of a Section 106 Planning Obligation, including a financial contribution of £60,000 towards environmental improvements to the Greenway public right of way to improve pedestrian and cycle connections to the site;

(b)  indicative conditions substantially in the form of those listed in the draft decision notice;

(2)  to delegate authority to the Head of Development Management and Regeneration to determine the final details of the terms of the Section 106 Planning Obligation and of the conditions of the planning permission;

(3)  that Councillors are satisfied that Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 is complied with in that the Section 106 Planning Obligation sought is necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in scale and kind to the development.

Planning permission for a new fire station and associated works following demolition of existing buildings

Mark Bassett, Senior Principal Planning Officer, introduced a report of the Head of Development Management and Regeneration on application 14/01297/PFUL3, submitted by CPMG Architects Limited on behalf of Nottinghamshire Fire and Rescue Service, for the erection of a new fire station and associated works following demolition of the existing buildings.

Mark Bassett stated that an additional bat survey has been undertaken and the Biodiversity and Greenspace Officer has confirmed that there are now no outstanding issues.

The Committee welcomed the impressive proposals but sought assurances that egress for the fire tenders directly on to London Road would be well managed. Mark Basset confirmed that this would be dealt with under conditions which would include alterations to signals, a yellow box provision on London Road and associated traffic technology.

The Committee suggested that soft landscaping into boundary treatment should be encouraged and requested that consideration be given to increasing the number of spaces available for cycle parking. Mark Bassett confirmed that this would be secured with applicants. 

RESOLVED to

(1)  grant planning permission subject to the conditions substantially in the form of those listed in the draft decision notice

(2)  delegate authority to the Head of Development Management and Regeneration to determine the final details of the conditions.

Planning permission for 29 new dwellings and associated works

Martin Poole, Area Planning Manager, introduced a report of the Head of Development Management and Regeneration on application 14/00790/PFUL3, submitted by Reynolds Associates on behalf of Nottingham Community Housing Association and George LB, for the erection of 29 new dwellings and associated works.

Mr Poole stated that:

(1)  Receipt of revised plans showing changes to road and to elevations. Road now includes shared surface, blocks and street trees in build-outs. House elevations now feature corbel detailing (rather than barge boards), inset timber cladding and glass porch canopies. Bungalows and flats feature render panels and flat grp porch canopies.

Road revisions are considered to be improvements in placemaking and traffic calming. Elevation changes are improvements in providing a place with distinctive character which responds well to its context.

The Committee welcomed the development of affordable housing but expressed a desire to see more interesting and varied features in social housing developments such as this. In response, Martin Poole agreed that further discussions with the developers would take place to reconsider the boundary treatments.

RESOLVED to

(1)  grant planning permission subject to further discussions with developers concerning the final boundary treatments and the conditions substantially in the form of those listed in the draft decision notice;

(2)  delegate authority to the Head of Development Management and Regeneration to determine the final details of the conditions.

Planning permission for 16 apartments, following demolition of existing building, and associated undercroft car parking

Mark Bassett, Senior Principal Planning Officer, introduced a report of the Head of Development Management and Regeneration on application 14/01401/PFUL3, submitted by Signet Planning Limited on behalf of Walker and Sons (Hauliers) Limited, for the erection of 16 residential apartments following demolition of the existing building.

Mr Bassett stated that:

Following the receipt of additional information Highways are recommending the following conditions and informatives:

1)  No part of the development hereby permitted shall be occupied until such time that provision has been made within the application site for parking of cycles in accordance with details submitted to and approved in writing by the Local Planning Authority. That area shall not thereafter be used for any purpose other than the parking of cycles.

Reason: To promote sustainable travel and in accordance with the aims of Policy T3 of the Local Plan.

2)  No part of the development hereby permitted shall be occupied until the existing site access on the Barrack Lane frontage that has been made redundant as a consequence of this consent is permanently closed and the access crossing reinstated as footway with full height kerb as shown on plan (beckett jackson thompson architects drawing number J04 rev B ) for indicative purposes only to the satisfaction of the Local Planning Authority.

Reason:- In the interests of pedestrian safety and in accordance with the aims of Policy BE2 of the Local Plan.

3)  No development hereby permitted shall be occupied until the Derby Road footway beside the site boundary has been altered to provide greater pedestrian priority as shown for indicative purposes only on the attached plan (beckett jackson thompson architects drawing number J01 rev B) to the satisfaction of the Local Planning Authority.

Reason:- In the interests of pedestrian safety and in accordance with the aims of Policy BE2 of the Local Plan.

1)  No works including site clearance or demolition shall be commenced until a construction management plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall as a minimum include details of the type, size and frequency of vehicles to/from the site, haul routes (if any), staff parking provision, site security, traffic management plans, wheel cleaning facilities and measures to prevent the deposit of debris on the highway and a timetable for its implementation. Thereafter the construction plan shall be implemented in accordance with the approved details and timetable unless otherwise agreed in writing by the Local Planning Authority.

Reason:- To avoid prejudice to traffic conditions within the  vicinity of the site and to safeguard the amenities of neighbours in accordance with Policies BE2 and NE9 of the Local Plan.

Informatives:-

Planning permission is not consent to work on the public highway. Therefore prior to any works commencing on site including demolition works you must contact Highways Network Management on 0115 876 5238 to ensure all necessary licences and permissions are in place. It is an offence under Section 148 and Section 151 of the Highways Act 1980 to deposit mud on the public highway and therefore you should take every effort to prevent this occurring.

Planning consent is not consent to work on the highway. To carry out the off-site works on Barrack Lane and Derby Road respectively associated with the planning consent, approval must first be obtained from the Local Highway Authority. Approval will take the form of a Section 278 Agreement and you should contact Highways Network Management on 0115 8765293 to instigate the process. It is strongly recommended that you make contact at the earliest opportunity to allow time for the process to be completed as you will not be permitted to work on the Highway before it is complete. All associated costs will be borne by the developer.

The applicant is reminded that as per previous correspondence owing to the fact that the development site will have vehicular access off Derby Road only, and off street parking is being provided as part of the development, the property and future apartments thereof will not qualify for inclusion within the Barrack Lane Residents’ Parking Scheme.

Nottinghamshire Wildlife Trust have requested that demolition and removal of vegetation should not take place during the bird breeding season.

The following informative will be included:

Informative:-

The applicant is reminded that demolition and removal of vegetation should not take place during the bird breeding season, between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation to the Local Planning Authority that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site.

The Committee supported the proposals but raised concerns over traffic congestion on Derby Road and the potential for student accommodation in the development. In response to questions from the Committee, Mark Bassett confirmed that there are no restrictions a planning authority can impose on who can occupy a C3 development however given the location it is intended that young professionals occupy the development. The inclusion of sufficient parking spaces is intended to ease traffic congestion and parking issues on Barratt Lane and Derby Road.  

RESOLVED

(1)  to grant planning permission subject to:

(a)  prior completion of a Section 106 Planning Obligation, including a financial contribution for off-site provision or improvement of open space or public realm;

(b)  indicative conditions substantially in the form of those listed above and in the draft decision notice;

(2)  to delegate authority to the Head of Development Management and Regeneration to determine the final details of the terms of the Section 106 Planning Obligation and of the conditions of the planning permission;

(3)  that Councillors are satisfied that Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 is complied with in that the Section 106 Planning Obligation sought is necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in scale and kind to the development.

Planning permission for 12 new apartment following demolition of existing building

Martin Poole, Area Planning Manager, introduced a report of the Head of Development Management and Regeneration on application 14/01190/PFUL3, submitted by GraceMachin Planning and Property on behalf of Mr Andrew Muldoon, for the erection of 12 new apartments following demolition of the existing building.

The Committee stated that it welcomed the proposed development within the conservation area as it provided an opportunity to redevelop a site in poor condition.

RESOLVED to

(1)  grant planning permission subject to the conditions substantially in the form of those listed in the draft decision notice;

(2)  delegate authority to the Head of Development Management and Regeneration to determine the final details of the conditions.

Planning permission for excavation of 570m of ditches and creation of a series of ponds to enhance the habitat of the nature reserve

Mark Bassett, Senior Principal Planning Officer, introduced a report of the Head of Development Management and Regeneration on application 14/00926/PFUL3, submitted by Nottinghamshire Wildlife Trust, for the excavation of 570 metres of ditches and creation of 4 new ponds to enhance the habitat of the nature reserve.

Mr Poole stated that:

Letter of objection received from local resident in response to additional information received:

The issue of the partnership scheme between Nottingham City Council and NWT is questioned and why Nottingham City Council have not signed the application forms. The legality of the application is questioned by the objector. The proposal will result in the destruction of the biodiversity habitat.  Therefore both partners should be named on the application.

The local community has expressed their concerns by the signing of a petition against the scheme.

The council has a duty to conserve the reserve as its responsibility under the Natural Environment Rural Communities Act. If the project goes ahead it  will not conserve the area.

There is mention of the Water Framework Directive and a connection to this project. The public need to be made aware of any future plans under the Water Framework Directive along the Fairham Brook watercourse within the City Boundary. The Environment Agency is the official body that has this responsibility but this has not occurred to date.

The comments made by the Water Management Consortium/Drainage Board in Annex 1 mentioning the Water Framework Partnership would be better kept in their adopted statutory area of the watercourse and not main River where the concerns are mainly the plan to alter the local nature reserve. Fairham Brook Reserve should not be considered as extra storage for water as stated by C. Manning. It is not a balancing pond. Any unwanted water entering this reserve by an unnatural process could be a threat to its Biodiversity by pollution, which has been reported to the Environment Agency in the past. Making comments outside the I.D.B. work area for which there is no in depth knowledge should not be recognised.

Annex 2 the comments made by Valerie Holt are disputed that 1:50 year was contained below the outfall pipe from the surrounding agricultural land was isolated from the watercourse.  When Fairham brook floods, all the out fall drains are overwhelmed from the whole length of the reserve onto Clifton Pastures as far as Gotham Moor there is photographic and video footage to verify this, the Floodplain is not drying out.

From observations it is considered an average of about 1:5 year natural flooding. The disputed comments have been made to justify unnecessary rewetting. Within a couple days water levels fall rapidly.

In addressing third party concerns over the legality of the application, it is the case that the application has been submitted by NWT.  The applicants have followed due process and there is no reason to question the validity of the application.

The appraisal section of the Committee report sets out why it is not considered the scheme will have an adverse impact upon biodiversity of the Local Nature Reserve (LNR) and that the proposed features will be inundated as anticipated.

Western Power Distribution has commented on the scheme advising that they would have no objection providing that the ponds or ditches would not be within 10m of the pylon tower’s bases.

A condition is therefore proposed to address this matter:

No excavation for the ponds or ditches hereby approved shall occur within a distance of 10m from the base of any of the electricity pylons on the site, and any variation to the position of the ponds or ditches shall first be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of health and safety.

Whilst none of the ponds are within 10m of the base of any pylon, it appears likely that a small section of the ditches will intrude into this zone. The above condition will address this matter.

In response to questions from the Committee, Mark Bassett confirmed that the proposals to increase flood storage will reduce the risk of flooding to downstream areas and the creation of a wetland habitat will improve water and habitat quality overall.

The Committee welcomed the proposals to rewet the area of fen habitat at the northern end of the nature reserve as it would eventually increase the capacity of drainage and allow for more infiltration.

RESOLVED to

(1)  grant planning permission subject to the conditions substantially in the form of those listed above and in the draft decision notice;

(2)  delegate authority to the Head of Development Management and Regeneration to determine the final details of the conditions.

Planning permission for conversion (following part demolition) of existing building to 7 self-contained flats and erection of 10 self-contained flats in the grounds of the existing building

Martin Poole, Area Planning Manager, introduced a report of the Head of Development Management and Regeneration on application 14/00850/PFUL3, submitted by Henry Mein Partnership on behalf of Ackroyd Electrical Services Limited, for the conversion, following part demolition, of the existing building to 7 self-contained flats and erection in the grounds of the existing building of 6 self-contained flats.

Mr Poole stated that:

1. Description should now read Conversion of former pub to 7 flats and erection of 6 flats in car park to reflect reduction in number of flats proposed in new build.

2. Sustainability section paragraph 8.1 should read "Application is accompanied by an energy statement which proposes that a 10% of CO2 emissions can be offset through the use of solar thermal panels or photovoltaic panels". 

Martin Poole agreed to amend a recommendation to add a further condition to require details of scheme.

3. Fifteen further objections received to the revised proposals. All of these object that 13 parking spaces is not adequate for 13 one- and two-bed flats and that there will be a consequent overspill of parking onto Leonard Avenue.

Also noted is the impact of the building in its currently proposed position on privacy of houses on both Wentworth Road and Leonard Avenue.

One objector feels that the design is not in keeping with the Victorian and Edwardian houses in the area.

4. Comments have been received from Councillor Parbutt, who lives adjacent to the site. Considers the proposal is much improved, and notes that the amenity space at the rear means that the building is set back from properties on Wentworth Road. Although the rear windows will overlook to some degree they do so from a greater and more acceptable distance. Reduction in units/increase in parking will be welcomed by many neighbours. Slight concern over treatment of perimeter wall which is unclear from plans. Considers that the wall should be the same height across the whole of the rear of the site to maintain security and privacy for residents.

3. In response, Martin Poole confirmed the following:

The issue of parking is addressed in paragraph 7.6 of the report, the impact of the new building on overlooking of neighbours is addressed in paragraph 7.5 of the report.

Design is addressed in paragraph 7.3 of the report.

It is recommended that condition 2 be amended to also require details of the treatment of the boundary to the rear to be submitted and agreed.

RESOLVED to

(1)  grant planning permission subject to the amendment above and the conditions substantially in the form of those listed in the draft decision notice;

(2)  delegate authority to the Head of Development Management and Regeneration to determine the final details of the conditions.