Agenda and minutes

Councillor Kevin Clarke – on leave

Councillor Audra Wynter - on leave

Councillor Ethan Radford declared an Other Interest in agenda item 4a (Playing Fields Between Eastglade Road and Bala Drive East of Beckhampton Road Nottingham - minute 18) because he is a member of the ALMO Board of Nottingham City Homes. He left the meeting prior to discussion and voting on this item.

To agree the minutes of the meeting held 22 July 2020.

The Committee confirmed the minutes of the meeting held on 22 July 2020 as a correct record and they were signed by the Chair.

Councillor Ethan Radford declared an Other Interest in this item because he is a member of the ALMO Board at Nottingham City Homes.  He left the meeting prior to discussion and voting on this item.

Martin Poole, Area Planning Manager, introduced application number 20/00831/PFUL3 for planning permission by Pelham Architects on behalf of Nottingham City Homes for the construction of 131 dwellings. The application is brought to the Committee because it is a major application with important land use considerations which has generated a significant level of public interest contrary to the recommendation.

A list of additional information, amendments and changes to the report since the publication of the agenda was included in an update sheet, which was appended to the agenda published online.

The following points were discussed:

(a)  the site is an area of grassed land which was formerly a playing field associated with Padstow School to the south. The site slopes gently from north to south and properties on the western boundary on Bardsey Gardens and Edern Close are built on land approximately 4m lower than the site;

(b)  planning permission is sought for the construction of one hundred and thirty one affordable rent dwellings by Nottingham City Homes. These would comprise of 72 two bed houses, 14 three bed houses, 35 one bed apartments, 5 one bed bungalows and 5 three bed wheelchair accessible bungalows. Properties are a mix of one and two storey and the proposed nine blocks of apartments would be 3 storeys in height. The development is made up of a mixture of terrace and semi-detached properties with parking provided either at the side or front of the properties. All parking areas within the curtilage of dwellings will be provided with Electric Vehicle Charging Points. Additional visitor parking is provided within on street build out bays;

(c)  approximately 40% of the proposed site would be retained and enhanced as green space. Vehicle access to the development would be at two locations from Beckhampton Road and the existing footpath on the western edge of the site would be connected with Eastglade Road to the south;

(d)  18 letters of representation were received and a petition completed by 19 properties on Beckhampton Road. The petition raises concerns about the development as a whole but primarily the proposed access points off Beckhampton Road and the proposed two blocks of flats which would front Beckhampton Road;

(e)  The scheme has been the subject of extensive pre-application discussions with the council’s urban design team prior to formal submission to seek to provide the optimum site layout and relationship with existing neighbouring properties. Houses are to be constructed in red and buff brick with pitched tile roofs. The scale of the blocks of flats is not considered to be significantly out of keeping with the wider character of the area. Amended plans have been recently received showing a revised elevation treatment for the flats.

(f)  The development meets thresholds in relation to provision of a contribution towards enhancement of primary education provision in the area. The policy compliant contribution towards education is £211,327 and the applicant has agreed that this will be provided prior to the first occupation of the properties. This is to be secured as part of the funding arrangements for the scheme and so a Section 106 agreement is not necessary in this case;

(g)  space for bin storage will be provided at the rear of each dwelling, including the blocks of flats. Front gardens will be enclosed by railings to delineate space. Committee members felt that this fencing could attract litter and suggested consideration be given to a low wall below the fencing;

(h)  there was some concern from Committee members around the green corridor on the Western edge of the site and how this could be improved. This will be addressed through conditions and provision of a detailed landscaping and planting scheme indicating the type, height, species and location of all new trees and shrubs;

(i)  the Committee felt that the scheme as a whole was a positive contribution to the area and provides much-needed affordable housing. The discussion of the Committee’s concerns about the provision of trees, the wildlife corridor, flood risk, bin storage and fencing can be addressed through the proposed delegation to the Director of Planning and Regeneration to determine the final details of conditions.

Resolved to

(1)  grant planning permission subject to 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)  delegate power to determine the final details of the conditions to the Director of Planning and Regeneration

Councillor Ethan Radford returned to the meeting.

Councillor Graham Chapman was not present for the duration of this item and did not vote on the resolution.

Martin Poole, Area Planning Manager, introduced application number 20/01044/PFUL3 for planning permission and application number 20/01045/LLIS1 for listed building consent by RPS Design Group Ltd on behalf of Ascena Developments Ltd. The application is brought to the Committee because it is a major application for a prominent site with important design and heritage considerations.

A list of additional information, amendments and changes to the report since the publication of the agenda was included in an update sheet, which was appended to the agenda published online. This included responses from NTU and Nottinghamshire Wildlife Trust, as well as further recommended conditions to the planning permission.

The following points were discussed:

(a)  located in the north of the city centre, the application comprises the Grade II listed Guildhall sited on the prominent corner of Burton Street and South Sherwood Street, the Grade II listed Fire Station House fronting South Sherwood Street, and a building referred to as the ‘Island Building’ that is to the rear of both listed buildings. Nottingham Trent University’s Newton Building and Arkwright Building (both Grade II* listed) are to the west, E,On’s headquarters is to the east, the Cornerhouse entertainment complex is to the south, and the vacant Central Police and Fire Station buildings are to the north;

(b)  the application proposes the conversion and development of the site to a mixed use hotel and leisure complex, creating a total of 160 guest bedrooms, two bars and restaurants, and a gymnasium and spa. The proposal includes the demolition of the ‘Island Building’ to the rear, the 1950s northern extension to the Guildhall, the 1920s extension to the eastern leg of the Guildhall, and two outbuilding additions to Fire Station House;

(c)  the conversion of and restoration of the existing Grade II listed Guildhall building would create a total of 39 guest bedrooms, a restored grand reception space, a restaurant and bar in former courtrooms 1&2, a spa and gymnasium at basement level and additional function space. The proposed new 5 storey northern extension to the Guildhall would create a further 20 guest bedrooms, a new lift and circulation core, a hotel kitchen, staff and ancillary space and a landscaped courtyard area for service and access;

(d)  the proposed new 13 storey tower building would create a total of 101 guest bedrooms, a rooftop restaurant, bar and terrace, a hotel sub reception and kitchen, staff and ancillary space and a landscaped courtyard area for service and access. The conversion of the existing Grade II listed Fire Station House would create an informal bar and restaurant space, lightweight glazed link to the new tower building and a landscaped courtyard space to the rear;

(e)  it was noted that the development affects a number of listed buildings or their settings and the Committee must have special regard to the desirability, in the exercise of its planning functions, to preserving such buildings or their setting or any features of special architectural or historical interest which they possess. Accepting there was some harm as outlined in the report it was felt that this was nevertheless outweighed by other material considerations. Concerns and objections were received from Historic England, the Victorian Society and the Nottingham Civic Society around the height of the new tower and its impact on the setting of the listed Guildhall building. The proposed position and height of the tower has been examined through an extensive pre-application process. Officers have worked with the applicant to review iterations of the design, including use of the city model to test relationships to the adjacent heritage assets as well as longer views. The Design Review Panel felt that the design, scale and massing sit within the historical context of the site with a reduced visual impact upon the heritage assets from street level;

(f)  green walls and roofs will be integrated as key design features at both lower courtyard and upper rooftop level, and solar PV windows are proposed on the western and southern elevations, equating to a vertical surface area of approximately 620 square metres. It is advised that the proposed development is to achieve BREEAM ‘Very Good’;

(g)  the development provides 4 disabled parking spaces, all of which will be provided with electric charging points;

(h)  the Committee welcomed the re-use of this prominent site which has been empty for a number of years, and appreciated the quality of the design. They felt that concerns about the height of the new tower were somewhat mitigated by the presence of other tall buildings immediately adjacent such as the E-On Headquarters.

Resolved to

(1)  grant planning permission and listed building consent for the reasons set out in this report, subject to:

(i) the indicative conditions substantially in the form of those listed in the draft

decision notices at the end of this report, save for additional conditions

to require:

- further details of measures to mitigate any adverse impact on Peregrines, in particular during the construction of the development, together with requirements for implementation of any mitigation measures;

- The incorporation of swift/bat bricks/boxes in the development.

Details of the wording of such conditions to be delegated to the Director of Planning and Regeneration, in consultation with the Biodiversity Officer.

(ii)  prior completion of an agreement under Section 111 of the Local Government Act 1972 to secure a Section 106 planning obligation upon the subsequent disposal of the site to the developers to secure Local Employment and Training Opportunities

(2)  delegate power to determine the final details of both the terms of the Planning Obligation and the conditions of planning permission and Listed Building Consent to the Director of Planning and Regeneration.

(3)  The Committee are satisfied that Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligations sought are (a) necessary to make the development acceptable in planning terms, (b) directly related to the development and (c) fairly and reasonably related in scale and kind to the development.

To note the dates of the remaining meetings of the 2020/21 Municipal Year:

23 September 2020

21 October 2020

18 November 2020

16 December 2020

20 January 2021

17 February 2021

17 March 2021

21 April 2021

The Committee noted the meeting dates for the remainder of the 2020/21 municipal year, all Wednesdays at 2.30pm:

23 September 2020

21 October 2020

18 November 2020

16 December 2020

20 January 2021

17 February 2021

17 March 2021

21 April 2021

The Chair of the Committee has agreed that this item, although not on the agenda, can be considered as a matter of urgency in accordance with Section 100B(4)(b) of the Local Government Act 1972due to  recent and sudden changes to the use of legislation, not realised before the previous committee, but being introduced before the next.

The Chair of the Committee agreed that this item, although not on the agenda, could be considered as a matter of urgency in accordance with Section 100B(4)(b) of the Local Government Act 1972, due to recent and sudden changes to the use of legislation, not realised before the previous committee but introduced before the next.

Martin Poole, Area Planning Manager, informed the Committee of significant changes to the planning system, introducing new permitted development rights and changing the way in which the use of commercial buildings is controlled.

From 31 August 2020, new permitted development rights are being introduced for upwards extensions of dwelling houses and for demolition and rebuilding of vacant buildings, and there will be changes to the Use Classes Order.

The Committee felt that the new legislation is removing further powers from planning authorities and elected representatives, removing a level of public oversight and making it more difficult for citizens to raise their concerns on harmful developments.