Agenda for Planning Committee on Wednesday, 18th December, 2019, 2.30 pm

Agenda and minutes

Venue: LB 31-32 - Loxley House, Station Street, Nottingham, NG2 3NG. View directions

Contact: Adrian Mann  Governance Officer

Items
No. Item

23.

Apologies for Absence

Minutes:

Councillor Leslie Ayoola  -  Council business

Councillor Cheryl Barnard  -  work commitments

Councillor Kevin Clarke  -  unwell

Councillor Mohammed Saghir  -  Council business

Councillor Cate Woodward  -  unwell

Councillor Audra Wynter  -  unwell

24.

Declarations of Interests

Minutes:

None.

25.

Minutes pdf icon PDF 143 KB

Minutes of the meeting held on 20 November 2019, for confirmation

Minutes:

The Committee confirmed the minutes of the meeting held on 20 November 2019 as a correct record and they were signed by the Chair.

26.

Deakin's Place, Radford - Student Accommodation pdf icon PDF 871 KB

Minutes:

Rob Percival, Area Planning Manager, introduced application number 19/01998/PFUL3 for planning permission by the Cassidy Group (Deakin’s Place) Limited for the demolition of the existing structures on the site and the construction of new, purpose-built student accommodation, plus associated ground floor, indoor and external amenity areas, access, landscaping, car parking and associated infrastructure.

 

The application is brought to the Committee because it is a major application on a prominent site, where there are important land use and design considerations.

 

To meet the Council’s Performance Targets, this application should have been determined by 10 December 2019. An extension of time has been agreed with the applicant until 30

January 2020.

 

A list of additional information, amendments and changes to the item since the publication of the agenda and supplement to the original agenda was included in an update sheet, which was circulated at the meeting and appended to the agenda published online. It included two further conditions to the planning permission, relating to foundation building methods and biodiversity measures.

 

The following points were discussed:

 

(a)  the site is located on the west side of Deakin’s Place, which is a short cul-du-sac. It is approximately 1.5 miles west of the city centre and a short walk from the University of Nottingham’s Jubilee Campus. It contains a group of industrial buildings, surrounded by a hard-landscaped service yard and undeveloped scrubland with some vegetation. There are a number of other adjacent business premises;

 

(b)  the site is adjacent to the River Leen (which is a designated Local Wildlife Site) and the ‘Nottingham Two’ student accommodation is across the river. A former nursery school is located to the north. The majority of the site is located within flood zones 2 and 3b, which are at a medium and high risk of flooding respectively, and the development will make a contribution to the flood alleviation scheme for the wider area. Although it is currently an employment site, it does not fall within a protected employment area as defined by either the current or emerging local plans;

 

(c)  the application is for the clearing and redevelopment of the site to accommodate 703 student bedrooms. The grounds fronting onto the River Leen will be landscaped, including the removal of the riverbank sheet piles and the creation of terracing with appropriate planting for the local environment. There will be a green-roofed structure that houses part of the communal facilities and a substantial array of solar panels on the other roofs is anticipated. The building fabric and heating and lighting systems will be considered closely to reduce the base energy demand and natural ventilation will be used;

 

(d)  there will be seven storeys along the main ‘spine’ of the building, with the top storey recessed, dropping to six storeys on the wings projecting from its southern end. The principle facades of the building will be finished in brickwork (of three different colours and textures), with accent elements of cladding;

 

(e)  the main pedestrian access to the site will be via a new footbridge over the River Leen, located on the western boundary. A third additional condition will secure that it is provided prior to the development being occupied. The bridge will connect the site to the existing pedestrian footpath that runs along the western side of the River Leen. A new river maintenance access point will be provided at the northern end of the site. Vehicle access will be via Deakin’s Place, but the development will be largely car-free, with only six car parking spaces available (including two disabled bays). All of the parking spaces will include Electric Vehicle Charging points. A external cycle storage with 217 spaces will be provided, along with two external bin stores, including recycling;

 

(f)  currently, under the Council’s adopted planning policies, student accommodation developments are not required to make a section 106 contribution to affordable housing in the locality, though this will be changed in the upcoming new Local Plan. The section 106 obligation for this development, as set out in the report, meets the current planning policy requirements in relation to open space and student management and will provide funding for measures to improve the flood profile for this development and also make a valuable contribution towards flood management in the area;

 

(g)  the Committee asked that, in the New Year, it would be helpful to meet with the independent section 106 assessor to discuss the viability issues and considerations that inform a development’s ability to meet section 106 policy requirements, in relation to the new Local Plan and the urgent need for the building of more affordable housing;

 

(h)  the Committee felt that, ultimately, the proposals represented a strong scheme that had evidently been developed through a good working relationship with officers. The success of the local universities has attracted a large number of students to the area, who bring a range of benefits to the City. However, a strong strategy is required to ensure that students can be housed in purpose-built accommodation in the City for the full duration of their studies, so that residential homes remain available for families and private landlords are not encouraged to turn family homes into multi-occupancy properties for the student market. Close engagement is needed with the universities to make this strategy successful, in addition to managing the behaviour of students when not on campus. Discussions are underway with the universities on a joint student living strategy to address these and related matters. In the New Year, an update will be provided by officers on the strategy for housing students, including figures on the current and future supply and demand of purpose built student accommodation.

 

RESOLVED:

 

(1)  to grant planning permission, subject to:

 

  (i)  receipt of confirmation from the Environment Agency that the measures proposed and agreed with the developer secure the provision of satisfactory mitigation to ensure the development is safe for its lifetime from flooding and would not result in flooding elsewhere;

 

  (ii)  the prior completion of a section 106 planning obligation to secure:

 

a.  an off-site public open space financial contribution of £148,002 towards enhancement in the surrounding area;

 

b.  a student management plan, to include restrictions on car use;

 

c.  a financial contribution towards flood alleviation works if so required in accordance with minute 26(3), below;

 

 (iii)  the indicative conditions substantially in the form of those listed in the draft decision notice at the end of the report of the Director of Planning and Regeneration together with the two additional conditions as per the  update sheet  regarding foundation building methods and biodiversity measures, plus an additional condition regarding provision of the pedestrian footbridge;

 

(2)  the Committee is satisfied that Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligations sought at minute 26(1)(ii) a. and b. above are:

 

  (i)  necessary to make the development acceptable in planning terms;

 

  (ii)  directly related to the development;

 

 (iii)  fairly and reasonably related in scale and kind to the development;

 

(3)  to delegate power to the Director of Planning and Regeneration to determine the final details and terms of a section 106 planning obligation as to whether a financial contribution towards Environment Agency flood alleviation works along the River Leen corridor associated with the site and wider area should be sought, and as to the quantum of such a contribution, subject to him being satisfied that Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligation sought is:

 

  (i)  necessary to make the development acceptable in planning terms;

 

  (ii)  directly related to the development;

 

 (iii)  fairly and reasonably related in scale and kind to the development;

 

(4)  to delegate power to the Director of Planning and Regeneration to determine the final details of both the conditions and the section 106 planning obligation sought pursuant to minute 26(1)(ii) a. and b.

27.

Express Dairies, Meadow Lane - Apartments, Houses and Retail pdf icon PDF 851 KB

Minutes:

Martin Poole, Area Planning Manager, introduced application number 18/01570/PFUL3 for planning permission by Hunter Page Planning Limited on behalf of Trent Bridge Quays (Phase II) LLP for the demolition of the existing buildings on the site and a residential development comprising 44 apartments, 14 townhouses and retail space.

 

The application is brought to the Committee because it is a major application that raises important local issues and the requirement for policy-compliant section 106 planning obligations is proposed to be reduced for viability reasons.

 

To meet the Council’s Performance Targets, this application should have been determined by 30 May 2019.

 

A list of additional information, amendments and changes to the item since the publication of the agenda and supplement to the original agenda was included in an update sheet, which was circulated at the meeting and appended to the agenda published online. It included two further proposed conditions to planning permission, relating to further sustainability measures and the means of enclosure for the site and individual dwellings.

 

The following points were discussed:

 

(a)  the site is located directly opposite Nottinghamshire County Football Ground and adjoins a site to the south and west that is owned by the same applicant, which is being developed for apartments and townhouses. It is part of the Waterside Regeneration Zone, and the intention is to change this old industrial area into a residential quarter for family housing. The site was last used and operated as a dairy depot and contains two large warehouses. There is a range of much smaller, single-storey buildings that are arranged in a horseshoe around the perimeter of the remainder of the site, with a central open area and a wide-gated vehicle access;

 

(b)  the current proposal is for the clearance and redevelopment of the site with 44 apartments in a five-storey building and 14 three-storey townhouses. There will be a retail space within the ground floor of the apartment building, which the developer considers to have a viable place within the local market, with a range of possible uses to achieve an active frontage. The development will be a continuation of the first phase of the development now underway on the adjoining site, with the terraces of townhouses in this first phase being extended to link with the apartment building. The existing palette of materials will be continued, including different bricks and planes with detailing to enhance the elevations. The buildings are relatively simple with good materials and so should not require a ‘lid’ as part of the design, but some patterning could be included at the top of the buildings;

 

(c)  access to the development is off Meadow Lane using a new road to be provided as part of the first phase of the development. There will be 47 car parking spaces in a continuation of the layout of the on-street parking bays that are being provided in the first phase of the development, and also within a parking courtyard space to the rear of the apartments building with access and egress via carriageway entrances, though this represents less than 1 space per unit. There is a high level of traffic regulation in the area and the Highways team is satisfied that the number of parking spaces is appropriate to the development, but the properties will be more attractive to people who do not have cars;

 

(d)  the townhouses will have private rear garden spaces, short front enclosed areas, and external terraces at second floor level. The south facing-elevation of the apartments building also includes short external balconies for natural ventilation and, in order to ensure good heat management, appropriate opening windows will be specified in the context of the relevant Building Regulations. Solar panels will be installed on the roofs of the houses, with a green roof for the apartments. Trees and other on-street hard and soft landscaping will be provided as an extension of the approach to the landscaping to the first phase, with the final details to be confirmed through the planning conditions. The buildings will not be fully carbon neutral, but the sustainability measures exceed the expectations of the current planning policy and Building Regulations;

 

(e)  the Committee felt that engagement by developers with environmentally sustainable buildings in the context of ongoing climate change is vital going forward, and it hoped that greater public transport infrastructure would be developed in the area in the future. The required commitments to sustainability are increasing as part of the new Local Plan, which will include a Supplemental Planning Document on responding to climate change;

 

(f)  although the developer is making section 106 contributions to education, open space and employment, the independent assessor has concluded that it is not viable for a contribution to be made to affordable housing in the area. The Nottingham University Hospitals NHS Trust has also requested a contribution and there is an ongoing discussion on the justification for support of secondary healthcare via section 106 obligations in general. In the case of this particular scheme, viability considerations would lead to no contribution being required;

 

(g)  the process of determining the package of section 106 contributions that should be required is rigorous and includes an independent viability assessment. At the end of that exercise, the planning officers consider that the contributions detailed in the report’s recommendations are appropriate and proportionate in the circumstances of the scheme. The Waterside Regeneration Zone is a pioneering area for residential development and, once the initial developments are established and the viability of the area increases, there will be increased capacity for the wider inclusion of affordable housing as part of future developments;

 

(h)  the Committee felt that the development represented a positive contribution to the changing social conditions in the area. However, although the contributions to education, open space and employment are very welcome, some members of the Committee were concerned that the development did not help to address the significant pressures for more social and affordable housing in the City – either through the direct provision of such housing or a related Section 106 contribution to its creation in the wider area – and that the new properties will not be affordable for much of the City population.

 

RESOLVED to:

 

(1)  grant planning permission, subject to:

 

  (i)  prior completion of a section 106 planning obligation to secure:

 

a.  a financial contribution of £78,872 towards education provision;

 

b.  a financial contribution of £56,354.16 towards open space provision;

 

c.  a financial contribution of £26,696 towards local employment and training opportunities;

 

  (ii)  the indicative conditions substantially in the form of those listed in the draft decision notice at the end of the report of the Director of Planning and Regeneration and the two additional conditions relating to the provision of sustainable design features and boundary treatments as per the  update sheet;

 

(2)  delegate power to the Director of Planning and Regeneration to determine the final details of both the conditions and the planning obligation.

 

(3)  The Committee is satisfied that Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligation sought is:

 

  (i)  necessary to make the development acceptable in planning terms;

 

  (ii)  directly related to the development;

 

 (iii)  fairly and reasonably related in scale and kind to the development.

28.

Radmarsh Road, Lenton - Student Accommodation pdf icon PDF 1 MB

Minutes:

Rob Percival, Area Planning Manager, introduced application number 19/02325/PFUL3 for planning permission by Church Lukas on behalf of Omni Developments for the erection of a six-storey co-living student accommodation block, with associated ancillary accommodation and structures.

 

The application is brought to the Committee because it is a major application on a prominent site where there are important land use and design considerations.

 

To meet the Council’s Performance Targets this application should be determined by 16 January 2020.

 

A list of additional information, amendments and changes to the item since the publication of the agenda and supplement to the original agenda was included in an update sheet, which was circulated at the meeting and appended to the agenda published online. It included further comments from the applicant, the Environment Agency, local groups, residents in the area and a ward councillor.

 

Prior to the Committee’s consideration of this item, and with the permission of the Chair, Councillor David Trimble addressed the Committee in his role as a Ward Councillor for Lenton and Wollaton East and made the following points:

 

  (i)  the student population in the City is concentrated heavily in the Lenton area, and this leads to significant issues for the local communities. Students can create a great deal of noise and disruption late at night and early in the morning. The Council’s Anti-Social Behaviour team is in the area frequently and 1353 Community Protection Notices were issued in the last year, with 1124 street alcohol confiscations carried out – with most incidents occurring in a very narrow period of time;

 

  (ii)  in addition to problems in the street, anti-social student behaviour can also lead to problems on the buses, and night-time disturbance for local pupils at the neighbourhood schools – particularly during examination periods. Increasing student numbers exacerbates the existing shortage of street parking for other residents – although students are not allowed to bring private cars to their accommodation, they do so and there is nothing to prevent them;

 

  (iii)  the student population in Lenton is already high, but more developments are in the pipeline for further student accommodation in the area. The existing level has already created a significant community imbalance and is detrimental to  local residential communities, who oppose the construction of additional student accommodation in their area.

 

The following points were discussed:

 

(a)  the development site is a former timber yard situated at the end of Radmarsh Road in Lenton, which is bound by the railway to the east and the River Leen to the west, and it contains a collection of semi-dilapidated, single-storey buildings. Currently, Radmarsh Road is a mixed-use area, with a pub and a car dealership. There is also a collection of four-storey student accommodation buildings with approximately 200 units. There is a footpath leading to a footbridge over the River Leen, providing access onto the University of Nottingham’s Jubilee Campus. To the east of the site, beyond the railway line, is a mix of commercial and residential properties. To the west, there are buildings within the Jubilee Campus;

 

(b)  the site is designated as being within Flood Zones 2 and 3b, and is located partially within an Archaeological Constraint Area. It falls within the area safeguarded for the expansion of the Jubilee Campus, where this south eastern corner is designated for ‘mixed use’ development associated with its primary function for education and research and development use;

 

(c)  the application is for the construction of a six-storey student accommodation block with 222 beds and associated ancillary accommodation and structures. There will be a green-roofed ‘energy centre’ at the front of the building to power the site, incorporating a facilities management area and staff room, with external covered store areas for 22 bins (including recycling) and 50 bikes. Extensive landscaping will be carried out to the front and side of the building, to enhance the pedestrian routes and link to the campus. No car parking is proposed, with the exception of 1 space for the facilities manager and 2 disabled parking bays;

 

(d)  the Committee felt that the building, of itself, represented a good development, with positive measures in place to address sustainability issues. However, the current – and increasing – number of students in the area, and the effect that this has on local communities, is of substantial concern to residents. Some members of the Committee felt that, due to saturation in this particular area, further accommodation should not be built in this location, and that it might be better placed on the Jubilee Campus site itself, in the northern area that is owned by the University. The site for the proposed development is within an area allocated for mixed use, but members were concerned that the actual developments coming forward reflected only student residential use;

 

(e)  ultimately, current planning policy is to develop purpose built residences for students in order to prevent  the conversion of family homes into houses in multiple occupation (HMOs) – and to see HMOs converted back into family homes, where possible. A great deal of work is needed on the creation of a wide and full range of housing provision spread across the City, and very close discussion is needed with the universities to achieve suitable student accommodation that does not have a negative impact on local residential communities.

 

RESOLVED:

 

(1)  to grant planning permission, subject to:

 

  (i)  receipt of confirmation from the Environment Agency that measures proposed and agreed with the developer secure the provision of satisfactory mitigation to ensure the development is safe for its lifetime from flooding and would not result in flooding elsewhere;

 

  (ii)  prior completion of a section 106 planning obligation to secure:

 

a.  an off-site public open space financial contribution of £46,804.26 towards enhancement in the surrounding area;

 

b.  a student management plan, to include restrictions on car use;

 

c.  a financial contribution towards flood alleviation works if so required in accordance with minute 28(3) below;

 

 (iii)  the indicative conditions substantially in the form of those listed in the draft decision notice at the end of the report of the Director of Planning and Regeneration;

 

(2)  the Committee is satisfied that the Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligations sought at minute 28(1)(ii) a. and b. above are:

 

  (i)  necessary to make the development acceptable in planning terms;

 

  (ii)  directly related to the development;

 

 (iii)  fairly and reasonably related in scale and kind to the development;

 

(3)  to delegate power to the Director of Planning and Regeneration to determine the final details and terms of a section 106 planning obligation as to whether a financial contribution towards Environment Agency flood alleviation works along the River Leen corridor associated with the site and wider area, should be sought and as to the quantum of such a contribution, subject to him being satisfied that Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligation sought is:

 

  (i)  necessary to make the development;

 

  (ii)  acceptable in planning terms;

 

 (iii)  directly related to the development;

 

 (iv)  fairly and reasonably related in scale and kind to the development;

 

(4)  to delegate power to the Director of Planning and Regeneration to determine the final details of both the conditions and the section 106 planning obligation sought pursuant to minute 28(1)(ii) a. and b.

 

Councillor Sally Longford, Councillor Pavlos Kotsonis and Councillor Ethan Radford requested that their votes against the above decision were recorded.

29.

Eagle Press, Riverside Way, The Meadows - Apartments pdf icon PDF 1 MB

Minutes:

Rob Percival, Area Planning Manager, introduced application number 19/00937/PFUL3 for planning permission by Rayner Davies Architects (Mr Julien McGuinness) on behalf of Gilbert & Hall Limited (Mr Tewson) for the demolition of a commercial unit and the erection of a new, four-storey apartment building comprising 42 apartments with associated parking.

 

The application is brought to the Committee because this is a major development where policy-compliant section 106 planning obligations are proposed to be waived for viability reasons.

 

To meet the Council’s Performance Targets, this application should have been determined by 16 October 2019. The applicant has agreed an extension of time until 19 December 2019.

 

A list of additional information, amendments and changes to the item since the publication of the agenda and supplement to the original agenda was included in an update sheet, which was circulated at the meeting and appended to the agenda published online. It included further information on the section 106 contribution in relation to education and traffic management. A further condition to planning permission is proposed, relating to the submission and implementation of sustainable design features.

 

The following points were discussed:

 

(a)  the Eagle Press Buildings site is located between Robin Hood Way to the north and Riverside Way to the south. Currently, it is occupied by four industrial units that, apart from one, are vacant and in a poor state of repair. There are three vehicular access points to the site from Robin Hood Way. The Meadows residential estate is adjacent to the site, in addition to further industrial and commercial units. The Victoria Embankment lies to the south-east, with the River Trent beyond. The NET 2 tram line and a tram stop is located to the east of the site, which runs across the River Trent on Wilford Bridge to the south-east. The development has been extended to include a section of grass verge and footpath that constitutes highway land and sits between the site and the footpath along Riverside Way. The site is located with Flood Zones 2 and 3a of the River Trent. Permission has been granted already for a telecoms mast on the site to be relocated further to the west on Riverside Way. The associated small substation will remain in situ;

 

(b)  the proposal is to demolish the existing industrial units and construct a 3 to 4 storey building comprising 42 apartments, with under-croft parking for 30 cars, accessed from Robin Hood Way through a security gate. Pedestrian access will be provided from both Robin Hood and Riverside Way. Bin storage and a cycle store for 42 cycles will be included within the under-croft parking area. The sustainability measures for the development focus mainly on the  fabric of the building to achieve heat and energy efficiency – the installation of solar panels is not proposed;

 

(c)  the apartment building will be contemporary in its design, constructed largely in brick, with a glazed central entrance and atrium area, and a grey cladding system to the top floor. There will be a brick and railing enclosure to the back of the site and defensible outside space will be created around the ground-floor residences. There is not a great deal of scope for plating in the car parking area, but an area of the public highway to the front of the site will be included in the development and landscaped as part of the scheme;

 

(d)  the Committee felt that, generally, the development was very positive in design terms and represented a good improvement for the local area – though it considered that the appearance of the rear elevation was weaker than that of the front. However, it was very disappointed that the independent section 106 assessment had concluded that it is not viable for the development to make a contribution towards the provision of affordable housing, as there is a vital need to be aspirational for all of the citizens of Nottingham and combat the significant social issues caused by the lack of genuinely affordable housing, which have a major impact on Council services;

 

(e)  the Committee recommend very strongly that solar panels should be included wherever achievable, to offset a site’s energy usage as much as possible, and that planning officers should raise this again with the developers. There is now a range of accessible battery storage options available, and batteries can be shared between properties. The Meadows community in particular has a specific aspiration to achieve carbon neutrality and developers should seek to contribute to this wherever possible. In view of the Committee’s concerns regarding the extent of sustainable design features which would be offered by the developer in compliance with the additional condition, it was proposed that selected Councillors on Planning Committee should have an involvement in the discharge of that condition.

 

RESOLVED to:

 

(1)  grant planning permission, subject to:

 

  (i)  the indicative conditions substantially in the form of those listed in the draft decision notice at the end of the report of the Director of Planning and Regeneration;

 

  (ii)  an additional condition as follows: “Prior to the commencement of above ground works, details of the sustainable design features to be used in the development being submitted to and agreed in writing with the Local Planning Authority. For the purposes of this condition the Local Planning Authority shall constitute the Director of Planning and Regeneration in consultation with the Chair, Vice Chair, Opposition Member and Councillor Sally Longford of the Planning Committee. The development shall then be carried out in accordance with the approved details”;

 

(2)  delegate power to the Director of Planning and Regeneration to determine the final details of those conditions identified at minute 29(1)(i).

 

Councillor AJ Matsiko requested that his vote against the above decision was recorded.