1. home and garden

When telephoning, please ask for:
Direct dial
Email
Our reference:
Your reference:
Date:
Member Services
0115 914 8481
[email protected]
29 October 2014
To all Members of the Council
Dear Councillor
A meeting of the Development Control Committee will be held on
Thursday 6 November 2014 at 7.00 pm. in the Council Chamber, Civic Centre,
Pavilion Road, West Bridgford to consider the following items of business.
Yours sincerely
Executive Manager Operations and Corporate Governance
AGENDA
1.
Apologies for absence and substitute Members
2.
Declarations of Interest
a)
b)
Under the Code of Conduct
Under the Planning Code
3.
Minutes of the Meeting held on Thursday 9 October 2014 (pages 1 - 18).
4.
Planning Applications
The report of the Executive Manager - Communities is attached
(pages 19 - 45).
5.
Appeal Decisions
There are no Appeal Decisions.
Membership
Chairman: Councillor Mrs M Stockwood
Vice-Chairman: Councillor F J Mason
Councillors L J Abbey, J R Bannister, H A Chewings, J N Clarke*,
J A Cranswick**, J E Greenwood, R M Jones, I I Korn, Mrs M M Males,
S E Mallender, D J Mason, Mrs J A Smith, P Smith, B Tansley and
D G Wheeler
The Leader (*) and Deputy Leader (**) of the Council are Members of the
Committee in an ex officio non-voting capacity
Meeting Room Guidance
Fire Alarm Evacuation: in the event of an alarm sounding please evacuate
the building using the nearest fire exit, normally through the Council Chamber.
You should assemble in the Nottingham Forest car park adjacent to the main
gates.
Toilets are located opposite Committee Room 2.
Mobile Phones: For the benefit of others please ensure that your mobile
phone is switched off whilst you are in the meeting.
Microphones: When you are invited to speak please press the button on your
microphone, a red light will appear on the stem. Please ensure that you switch
this off after you have spoken.
MINUTES
OF THE MEETING OF THE
DEVELOPMENT CONTROL COMMITTEE
THURSDAY 9 OCTOBER 2014
Held at 7.00 pm in the Council Chamber, Civic Centre, Pavilion Road,
West Bridgford
PRESENT:
Councillor Mrs M Stockwood (Chairman)
Councillor F J Mason (Vice-Chairman)
Councillors L J Abbey, R A Adair (Substitute for B Tansley), J N Clarke
(Substitute for Mrs J A Smith), J A Cranswick (Substitute for D G Wheeler),
J E Greenwood, I I Korn, R M Jones, Mrs M M Males, S E Mallender,
D J Mason, E A Plant (Substitute for J R Bannister) and P Smith
ALSO IN ATTENDANCE
Councillor N A Brown
37 Members of the public
OFFICERS IN ATTENDANCE
G Elliott
Area Planning Officer
A Goodman
Member Support Officer
M Marshall
Principal Area Planning Officer
D Mitchell
Executive Manager - Communities
I Norman
Legal Services Manager
A Pegram
Service Manager – Communities
E Walters
Democratic Services Assistant
APOLOGIES FOR ABSENCE
Councillors J R Bannister, H A Chewings, Mrs J A Smith, B Tansley and
D G Wheeler
17.
DECLARATIONS OF INTEREST
There were none declared.
18.
MINUTES
The Minutes of the Meeting held on Thursday 11 September 2014 were
confirmed as a correct record and signed by the Chairman.
1
19.
PLANNING APPLICATIONS
The Committee considered the written report of the Executive Manager Communities relating to the following applications, which had been circulated
previously.
Item 1 - 14/01589/FUL - Temporary change of use from farming
to mixed use of farming and solar generating renewable
electricity and associated infrastructure - Land North And
West Of Barn Farm Leake Lane Stanford On Soar
Nottinghamshire.
Updates
Members were informed that two additional letters of objection had been
received, one from a solicitor acting on behalf of Normanton and Stanford on
Soar Parish Councils, the other from a local resident.
The Service Manager – Communities responded to the points raised.
Nottinghamshire County Council as Highways Authority had no objection to
the proposals subject to additional conditions.
A further condition was recommended if permission was granted that required
details of the grid connection to be approved.
Comments
Members of the Committee felt that the development would be obtrusive in the
open countryside, would have an unacceptable visual impact on heritage
assets and would result in the loss of best and most versatile agricultural land.
DECISION
REFUSE PLANNING PERMISSION FOR THE FOLLOWING REASONS
1.
The proposal, by reason of the area of land involved and scale of the
solar farm with ancillary structures including buildings to house plant
and equipment, fencing and CCTV cameras represents an undesirable
change of use of the land in the open countryside, which would be
visually intrusive and would detract from the character, visual amenity
and enjoyment of the area by countryside users and adjacent/nearby
communities. As such the impacts of the proposal are not considered
to be outweighed by the potential benefits and the proposal would
therefore be contrary to the core planning principles set out in
Paragraph 17 of the National Planning Policy Framework and Policy
EN19 (Impact on the Greenbelt and Open Countryside) of the Rushcliffe
Borough Non-Statutory Replacement Local Plan which states, inter alia:
In the green belt and open countryside where a proposal is in
accordance with other policies of the plan, it must be demonstrated,
2
a)
2.
There will be no significant adverse impact upon the open nature
of the green belt or open countryside, or upon important
buildings, landscape features or views;
Notwithstanding the information submitted with the application, it has
not been adequately demonstrated to the Borough Council that the
development of such a significant area of Best and Most Versatile
(BMV) Agricultural Land is necessary or that the development could not
take place on an area of land of poorer quality. The proposal is
therefore contrary to Paragraph 112 of the National Planning Policy
Framework and Policy EN21 (Loss of Agricultural Land) of the
Rushcliffe Borough Non-Statutory Replacement Local Plan which
states:
Planning permission will not be granted for development involving the
loss of best and most versatile agricultural land (defined as grades 1, 2
and 3a of the agricultural land classification) except where it cannot be
accommodated on poorer quality land, including previously developed,
or non-agricultural land, or where other sustainability considerations
suggest the use of higher quality land is preferable.
3.
The proposal, including the proposed landscape screening, security
fencing and other structures on site would restrict views of the spire of
the Parish Church of Saint James', Normanton on Soar, from the
footpath within the site and from within the vicinity of the site having
harmful impact upon the setting of the Church of Saint James and its
visibility within the landscape. The benefits are not considered sufficient
to overcome the less than substantial harm arising and the proposal is
therefore contrary to Paragraph 132 of the National Planning Policy
Framework and Policies EN4 (Listed Buildings) and GP2(h) (Design
and Amenity Criteria) of the Rushcliffe Borough Non-Statutory
Replacement Local Plan which state:
Policy EN4
Planning permission for extensions and alterations to, and conversions
of listed buildings, will only be granted where:
a)
It can be shown that the features of architectural or historic
interest will be preserved:
b)
The proposals respect the character of the building by virtue of
their design, scale, siting and materials and that additions do not
detract from its architectural or historic character.
Proposals for development affecting the setting of a listed building, will
only be permitted where they are acceptable in terms of scale, massing,
form, siting, design and materials
Proposals for changes of use of a listed building will be treated
sympathetically where this would result in the preservation of the
architectural or historic interest of the building and its setting.
3
Policy GP2 (h)
Planning permission for new development, changes of use, conversions
or extensions will be granted provided that, where relevant, the
following criteria are met:
h)
There is no significant adverse effect on any historic sites and
their settings including listed buildings, conservation areas,
scheduled ancient monuments, historic parks and gardens and
historic battlefields;
Item 2 - 14/01641/REM - Residential development of up to 150
dwellings with associated infrastructure; overspill car park for
cricket and rugby club - Land To East Of Meeting House Close
Costock Road East Leake Nottinghamshire.
Updates
Members were informed that Nottinghamshire County Council as Highways
Authority did not object to the application, subject to the addition of further
conditions. There were also no objections from one of the Ward Members,
Environmental Health and the Council’s Environmental Sustainability Officer.
Comments had been received from a neighbour expressing the importance of
maintaining the strip of land between the site and meeting House Close.
The Principal Area Planning Officer responded to the point raised.
The first line of condition 4 was amended to read “the retention of the
hedgerow required by condition 3”.
DECISION
GRANT PLANNING PERMISSION FOR THE REASONS SET OUT IN THE
REPORT SUBJECT TO THE FOLLOWING CONDITIONS
1.
The development hereby permitted shall be carried out in accordance
with the following approved plan(s): Landscape Management Plan Rev
A – October 2014 Ref GL0276; Biodiversity Management Plan RSE085-01-V2 Issue Date October 2014; 01 (Bungalow 1); E51W.01; G1B;
G2A W; G2G; GL0276 01C; GL0276 02D; GL0276 03D; GL0276 04B;
H404.01; H404.02; H404.03; H404.04; H408.01; H408.02; H408.03;
H408.04; H421.01; H421.02; H421.03; H421.04; H455.01; H455.02;
H455.03; H455.04; H469.05; H469.06; H469.07; H469.08; H485.01;
H485.02; H485.03; H485.04; H533.01; H533.02; H533.03; H533.04;
H588.01; H588.02; H588.03; H588.04; H597.01; P332.P.01; P332.P.02;
P332.P.03; P332.P.04; P332.R.01; P332.R.02; P332.R.03; P332.R.04;
P232/P233.01; P232/P233.02; P232/P233.03; P232/P233.04; P341.01;
P341.02; P341.03; P341.04; P341.05; P341.06; P341.07; P341.08;
P341.09; P341.10; 341.11; P341.12; S6814/100/01 Rev G;
S6814/400/01; S6814/400/02; S6814/500/01 Rev B; S6814/500/02 Rev
4
B; S6814/500/03 Rev B; S6814/500/04 Rev B; S6814/500/05 Rev B;
S6814/500/06 Rev B; S6814/500/07 Rev B; S6814/500/08 Rev B;
S6814/500/09 Rev B; SD14-014; SD14-015; SD14-018; SF11.01;
SF11.02; SF11.03; SF11.04; SH17.01; SH17.02; SH17.03; SH17.04;
SH17.05; SH17.06; SH17.07; SH17.08; SH29.01; SH29.02; SH29.03;
SH29.04; SH29.05; SH29.06; SH29.07; SH29.08; SH37.01; SH37.02;
SH37.03; SH37.04; SH37.05; SH37.06; SH37.07; SH37.08; SH41.02;
SH41.03; SH41.04; SH41.05; SH41.06; SH41.07; SH41.08; T310.01;
T310.02; T310.03; T310.04; T310.I.01; T310.I.02; T310.I.03 and
T310.I.04.
[For the avoidance of doubt and to comply with policy GP2 (Design &
Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement
Local Plan]
2.
The first floor windows in the western (side) elevations of plots 112,
118, 132, 140, 141 and 147 of the proposed development shown on
drawing number S6814/100/01 Rev E shall be permanently obscure
glazed and non-opening below 1.7m from floor level and no additional
windows shall be inserted in these elevations.
[To prevent overlooking and loss of privacy to neighbouring property
and to comply with policy GP2 (Design & Amenity Criteria) of the
Rushcliffe Borough Non Statutory Replacement Local Plan]
3.
The existing hedge located on the western boundary of the application
site adjoining the properties on Meeting House Close shall be retained
and any part of the hedge removed, dying, being severely damaged or
becoming seriously diseased shall be replaced, with hedge plants of
such size and species, details of which shall be submitted to and
approved in writing by the Borough Council, within one year of the date
of any such loss being brought to the attention of the Borough Council.
[The hedge is an important feature in the area and its retention is
necessary to help screen the new development and prevent undue
overlooking of adjoining dwellings and to comply with policy GP1viii
(Delivering Sustainable Development) of the Rushcliffe Borough Non
Statutory Replacement Local Plan]
4.
In addition to the retention of the hedgerow required by Condition 3 of
this permission, details shall also be provided of a landscape phasing
plan for the further planting along the western boundary of the
application site adjoining the properties on Meeting House Close. The
landscape phasing plan shall be submitted to, and agreed in writing by,
the Borough Council and indicate the areas that will be planted, and at
what stage of development in accordance with the building out of the
development hereby approved. Thereafter the landscaping shall be
implemented in accordance with the approved landscape phasing plan
and retained in perpetuity. Any part of the new landscaping removed,
dying, being severely damaged or becoming seriously diseased shall be
replaced, with plants/trees of such size and species, details of which
shall be submitted to and approved in writing by the Borough Council,
5
within one year of the date of any such loss being brought to the
attention of the Borough Council.
[Securing the implementation of the additional planting at the correct
stage of development is necessary to help further screen the new
development and prevent undue overlooking of adjoining dwellings and
to comply with policy GP1viii (Delivering Sustainable Development) of
the Rushcliffe Borough Non Statutory Replacement Local Plan]
5.
No part of the development hereby permitted shall be brought into use
until all drives and parking areas are surfaced in a bound material (not
loose gravel). The surfaced drives and parking areas shall then be
maintained in such bound material for the life of the development.
[To reduce the possibility of deleterious material being deposited on the
public highway (loose stones etc.) in the interests of highway safety;
and to comply with policy GP2 (Design & Amenity Criteria) of the
Rushcliffe Borough Non Statutory Replacement Local Plan]
6.
The development shall not be brought into use until the proposed
access and parking/turning area, including measures to prevent the
unregulated discharge of surface water to the highway, have been
constructed in accordance with details to be first approved by the
Borough Council and these facilities shall be retained for the lifetime of
the development.
[To ensure adequate car parking facilities are provided in connection
with the development; and to comply with policies GP2 (Design &
Amenity Criteria) and MOV9 (Car Parking Standards) of the Rushcliffe
Borough Non Statutory Replacement Local Plan]
NOTES TO APPLICANT
For the avoidance of doubt the grass verge (and the trees planted along it)
located on the eastern side of Road 1, between Road 1 and the footway to its
east, would not be adopted by the Highway Authority and the details of the
maintenance of these areas should be included in the management plan for
the open spaces required by condition 7 of application 13/02228/OUT and
required by the S106 agreement signed in connection with application
13/02228/OUT.
The applicant is reminded that this development is subject to a S106
Agreement and should be carried out in accordance with this and the
conditions imposed on the outline planning permission 13/02228/OUT.
Item 3 - 14/01441/FUL - Second storey extension to nursing
home - Orchard House 46 Easthorpe Street Ruddington
Nottinghamshire NG11 6LA.
Updates
6
Members were informed that 2 additional letters of objection had been
received from local residents.
The Principal Area Planning Officer responded to issues raised.
DECISION
REFUSE PLANNING PERMISSION FOR THE FOLLOWING REASONS
1.
The proposal is considered to result in less than substantial harm to the
Ruddington Conservation Area, arising from a significant change to the
mass and scale of Orchard House (46 Easthorpe Street) to its
detriment. It has not been demonstrated that there are public benefits
that would outweigh this harm. The development would therefore be
contrary to the guidance within paragraph 134 of the NPPF. The
application has also failed to demonstrate that it would either preserve
or enhance the conservation area and therefore is considered to be
contrary to Policy EN2 of the Rushcliffe Non-Statutory Replacement
Local Plan which states:
Planning permission for development including changes of use and
alterations or extensions to existing buildings within a designated
conservation area, or outside of but affecting its setting, or views into or
out of the conservation area will only be granted where:
2.
a)
The proposal would preserve or enhance the character or
appearance of the conservation area by virtue of its use, design,
scale, siting and materials;
b)
There will be no adverse impact upon the form of the
conservation area, including its open spaces (including gardens),
the position of existing buildings and notable features such as
groups of trees, walls and other structures; and there will be no
loss of part or all of an open space which contributes to the
character or appearance of the conservation area.
The proposal is considered to result in harm to the setting of a listed
building, namely 42 Easthorpe Street, to its detriment. It has not been
demonstrated that there are public benefits that would outweigh this
harm. The development would therefore be contrary to the guidance
within paragraph 134 of the NPPF. The application is also considered
to be contrary to Policy EN4 of the Rushcliffe Non-Statutory
Replacement Local Plan which states:
Planning permission for extensions and alterations to, and conversions
of listed buildings, will only be granted where:
a)
It can be shown that the features of architectural or historic
interest will be preserved:
b)
The proposals respect the character of the building by virtue of
their design, scale, siting and materials and that additions do not
detract from its architectural or historic character.
7
Proposals for development affecting the setting of a listed building, will
only be permitted where they are acceptable in terms of scale, massing,
form, siting, design and materials.
Proposals for changes of use of a listed building will be treated
sympathetically where this would result in the preservation of the
architectural or historic interest of the building and its setting.
Item 4 - 14/00818/FUL - Use of site a meditation retreat centre
including guest and caretaker accommodation, car parking
and widening of vehicular access. Change of use of an area of
agricultural land to residential garden use - Long Acre Melton
Road Hickling Pastures Nottinghamshire LE14 3QG.
Updates
Members were informed that further information, relating to the operation of
the proposed development, had been received from the Applicant. The Ward
Member had withdrawn their objection, subject to conditions regarding the
timing and volume of vehicle movements to the site.
The Service Manager – Communities addressed the point raised.
DECISION
GRANT PLANNING PERMISSION FOR THE REASONS SET OUT IN THE
REPORT 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 site shall only be used as a meditation retreat centre and for no
other purpose.
[To clarify the extent of the permission and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan]
3.
Use of the site shall only be in accordance with the following:
a.
No more than 2 daily 30 minute meditations shall take place in the
bungalow, and the meditations shall not take place other than
between the hours of 0600 and 1930.
8
b.
No more than 18 meditators, including meditators/guests staying
overnight in the bungalow, shall attend any one daily meditation
session in the bungalow.
c.
Once barn 2 is brought into use, no meditations shall take place in
the bungalow.
d.
No more than 2 daily 30 minute meditations shall take place in
barn 2, and the meditations shall not take place other than
between the hours of 0600 and 1930.
e.
No more than 18 meditators, including meditators/guests staying
overnight in the bungalow, shall attend daily meditation sessions in
barn 2 before Midday, and no more than 30 meditators, including
meditators/guests staying overnight in the bungalow, shall attend
meditation sessions in barn 2 after Midday.
f.
No more than 3 meditators/guests vehicles shall be on the site at
any one time before Midday, and no more than 6
meditators/guests/visits vehicles shall be on the site at any one
time after Midday in connection with the daily meditations, with the
exception of guest’s vehicles staying in the bungalow.
g.
No more than 4 special events shall take place in any calendar
year and the special events shall not take place other than
between the hours of 1000 and 2100.
h.
No more than 70 meditators/guests, including meditators/guests
staying overnight in the bungalow, shall attend any one special
event, and no more than 18 meditators/guests/visitors vehicles
shall be on the site at any one time in connection with any one
special event.
i.
No meditators/guests other than those staying overnight in the
bungalow shall be on the site other than between the hours of
0530 (or 0500 with respect to one volunteer) and 2000 in
connection with daily meditations and 1000 and 2130 in
connection with special events.
j.
Outdoor meditation shall only take place within the area identified
on Drawing no. 1C.
k.
No simultaneous meditations or events shall take place.
l.
No more than 8 guests shall stay overnight in the bungalow on any
one night.
[To protect the amenities of adjacent & nearby residents and the
surrounding area, and to comply with policy GP2 (Design & Amenity
Criteria) of the Rushcliffe Borough Non Statutory Replacement Local
Plan]
9
4.
Barn 2 shall not be used for meditations and no special events shall
take place until the vehicular access has been widened to 6m for a
distance of 10m from the public highway and a passing space has been
provided in accordance with Drawing No. 1, and the widened access
and passing space have been surfaced in a bound material. These
works shall be retained for the lifetime of the development.
[In the interests of highway safety; and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan]
5.
Prior to the installation of security lighting/floodlighting details of any
such lighting shall be submitted to and approved in writing by the
Borough Council, together with a lux plot of the estimated illuminance.
The lighting shall be installed only in accordance with the approved
details.
[To protect the amenities of adjacent & nearby residents and the
surrounding area, and to comply with policy GP2 (Design & Amenity
Criteria) of the Rushcliffe Borough Non Statutory Replacement Local
Plan]
6.
Any gates to be erected to the proposed access shall be set back not
less than metres from the highway boundary and shall be hung so as to
open into the site only.
[In the interests of highway safety; and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan]
7.
Delivery and waste collection shall be restricted to the following times:
Monday-Friday
0700-1800 hours
Saturday
0800-1700 hours
Sunday/Bank Holidays No deliveries or waste collection
[To protect the amenities of adjacent & nearby residents and the
surrounding area, and to comply with policy GP2 (Design & Amenity
Criteria) of the Rushcliffe Borough Non Statutory Replacement Local
Plan]
8.
Notwithstanding the provisions of Part 1 Class E of the Town and
Country Planning (General Permitted Development) (Amendment) (No.
2) (England) Order 2008 (or any Order revoking or re-enacting that
Order with or without modification) no sheds, buildings or structures
shall be erected on the part of the site identified to become part of the
residential curtilage of the property known as Jesmond Dene on
Drawing No. 1.
[To protect the open character of the area and to comply with policies
GP2 (Design and Amenity Criteria) and EN20 (Protection of open
countryside) of the Rushcliffe Borough Non-Statutory Replacement
Local Plan.
10
NOTES TO APPLICANT
This permission does not give any consent needed to display advertisements.
You are advised that the septic tank on site should be maintained and emptied
and an increase in the capacity may be required in order to comply with the
Building Regulations 2000 Drainage and Waste Disposal Approved Document,
Section H2 – Wastewater Systems and Cesspools. You are also advised to
contact the Borough Council and Environment Agency for advice on any
temporary toilet facilities at the site.
You are advised to contact the County Council’s Highways Area Office, tel.
0300 500 80 80 to arrange for any works to the vehicular crossing over the
public highway to be carried out.
The provisions of the Party Wall Act 1996 may apply in relation to the
boundary with the neighbouring property. 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 are requested to draw the attention of the owners/occupiers of Jesmond
Dene to condition 8 imposed on this planning 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. If any such work is anticipated, the consent of the adjoining land
owner must first be obtained. The responsibility for meeting any claims for
damage to such features lies with the applicant.
This grant of planning permission does not alter the private legal situation with
regard to the carrying out of any works involving land which you do not own or
control. You will need the consent of the owner(s) involved before any such
works are started.
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.
Item 5 - 14/01548/FUL - Convert and extend stable building to
form holiday cottage - 10 Landcroft Lane Sutton Bonington
Nottinghamshire.
Updates
There were none reported.
11
DECISION
REFUSE PLANNING PERMISSION FOR THE FOLLOWING REASONS
1.
The application site lies in an area of sporadic development within the
countryside outside the settlement of Sutton Bonington. The proposed
conversion encompasses significant extensions and alterations which
would detract from the modest rural character and appearance of the
building and of the surrounding area. The proposal would not comply
with policy EN16 of the Rushcliffe Borough Non-Statutory Replacement
Local Plan which states, inter-alia that outside settlements, planning
permission for the conversion or change of use of buildings will only be
granted where:
a)
The building is of permanent and substantial construction, and is
suitable for the use proposed without significant extension,
alteration or rebuilding.
It would also not comply with Policy GP2 of the Replacement Local Plan
which states that planning permission for new development, changes of
use, conversions or extensions will be granted provided that, where
relevant, a number of criteria are met. These include:
d)
The scale, density, height, massing, design, layout and materials
of the proposals are sympathetic to the character and
appearance of neighbouring buildings and the surrounding area.
They should not lead to an over-intensive form of development,
be overbearing in relation to neighbouring properties, nor lead to
undue overshadowing or loss of privacy and should ensure that
occupants of new and existing dwellings have a satisfactory
degree of privacy.
Item 6 - 14/01781/CMA - Cemex UK Ltd East Leake Quarry
Rempstone Road East Leake Nottinghamshire - Extension to
existing quarry involving the extraction of sand and gravel
with restoration to agriculture and conservation wetland.
Retention of existing aggregate processing plant, silt lagoons
and access haul road.
Updates
There were none reported.
DECISION
THAT THE COUNTY COUNCIL BE INFORMED THAT THE BOROUGH
COUNCIL HAS NO OBJECTIONS TO THE PROPOSAL SUBJECT TO
CONSIDERATION BEING GIVEN TO THE IMPOSITION OF THE
FOLLOWING CONDITIONS
12
1.
The wording of condition 13 (noise impacts on sensitive premises) of
the existing planning permission 8/10/00190/CMA be amended to
incorporate the additional sensitive receptor and incorporation of the
table from page 50 of the Environmental Statement.
2.
A condition is added to meet the recommendations of the acoustic
report paragraph 7 which states that a noise screen should be erected
on the southern and southeast boundary to a height of 3m. It is
recommended that the design and construction of this noise screen is
approved by the MPA before use is commenced.
3.
The wording of condition 17 of 8/10/00190/CMA should be carried over
in relation to dust control measures.
4.
Complaints about dust made to the applicant should be maintained in a
log and forwarded to the MPA on request. Any dust complaints
submitted to the MPA should be forwarded to the Environment and
Waste Management Service at Rushcliffe to enable the impacts of
quarrying to be effectively assessed under the Local Air Quality
Management (LAQM) process.
5.
Where a detailed assessment is required under the Local Air Quality
Management requirements for the potential effects of particulate matter
the applicant shall undertake all necessary modelling and/or monitoring
as required by Rushcliffe Borough Council.
6.
The monitoring of total dust shall take place during soil handling and
mineral extraction within phase 1 thereafter for a period of 6 weeks
commencing each phase to demonstrate the effectiveness of dust
migration measures with respect to mineral extraction upon the
sensitive receptors identified in the air quality assessment report. The
dust assessment shall take place as detailed in 'Scheme of Dust Control
and Monitoring' 2013 and shall be reported to the Minerals Planning
Authority twice yearly.
7.
The suggested trench along the site boundary between the road and
soil mound to collect any surface water should be located and
excavated so as not to adversely affect any existing boundary
hedgerow.
NOTES TO APPLICANT
The Environmental Statement indicates there is a clear evidence base from
the existing quarry workings that there is a high potential from late Medieval
and post Medieval, Anglo Saxon, Bronze Age with some potential for Iron Age
artifacts. The County Council should satisfy themselves that the mitigation,
investigation and recording measures proposed are acceptable.
13
Item 7 - 14/01629/FUL - Single storey extension to front of
dwelling; new timber double garage - 4 Rushcliffe Grove East
Leake Nottinghamshire LE12 6JN.
Updates
Members were informed that, if permission was granted, condition 4 would be
amended to ensure the southern boundary hedge was retained to a height of
2 metres.
DECISION
GRANT PLANNING PERMISSION FOR THE REASONS SET OUT IN THE
REPORT 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 shall be carried out in accordance
with the following approved plan: Drawing No. 1843 D, received on 29
July 2014.
[For the avoidance of doubt and to comply with policy GP2 (Design &
Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement
Local Plan].
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 GP2 (Design and Amenity Criteria) of the Rushcliffe
Borough Non-Statutory Replacement Local Plan].
4.
The hedge located on the south (front) boundary of the application site
shall be retained to a minimum height of 2m and any part of the hedge
removed, dying, being severely damaged or becoming seriously
diseased shall be replaced, with hedge plants of such size and species,
details of which shall be submitted to and approved in writing by the
Borough Council, within one year of the date of any such loss being
brought to the attention of the Borough Council.
[The hedge is an important feature in the area and its retention is
necessary to help screen the new development and prevent undue
overlooking of adjoining dwellings and to comply with policy GP1viii
(Delivering Sustainable Development) of the Rushcliffe Borough Non
Statutory Replacement Local Plan].
14
NOTES TO APPLICANT
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 land
owner 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 914 8322.
Item 8 - 14/01890/FUL - Infill two existing gable windows and
replace with two dormer windows, one to front and one to rear
elevation - Yew Tree Cottage Manor Lane Shelford
Nottinghamshire NG12 1EQ.
Updates
Members were informed that Shelford Parish Council did not object to the
proposal.
DECISION
GRANT PLANNING PERMISSION FOR THE REASONS SET OUT IN THE
REPORT 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 extension(s) hereby permitted shall be constructed in suitable
facing and roofing materials to match the elevations of the existing
property.
[To ensure the appearance of the development is satisfactory and to
comply with policy GP2 (Design and Amenity Criteria) of the Rushcliffe
Borough Non-Statutory Replacement Local Plan].
3.
The development shall only be carried out in accordance with the
submitted plans LS/14/4, 4A, 5, 5A, 6A.
[For the avoidance of doubt and to comply with policy GP2 (Design &
Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement
Local Plan]
15
Item 9 - 14/00994/FUL - Erection of dwelling - The Old Rectory
Nottingham Road Keyworth Nottinghamshire NG12 5FD
Updates
The Service Manager – Communities reminded Members of the duties under
Section 66 and 72 of the Listed Buildings Act 1990.
DECISION
GRANT PLANNING PERMISSION FOR THE REASONS SET OUT IN THE
REPORT 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 shall not be commenced until
samples of the bricks, render (including colour and texture) and the
roofing materials to be used on the development have been submitted
to and approved in writing by the Borough Council and the development
shall only be undertaken in accordance with the materials so approved.
[To ensure the appearance of the development is satisfactory and to
comply with policies GP2 (Design and Amenity Criteria) and EN2
(Conservation Areas) of the Rushcliffe Borough Non-Statutory
Replacement Local Plan]
3.
No development, including site works, shall begin until a landscaping
scheme, to include those details specified below, has been submitted to
and agreed in writing by the Borough Council:
(a) the treatment proposed for all ground surfaces, including hard
areas; and
(b) full details of tree planting (if any);
The approved landscape scheme shall be carried out in the first tree
planting season following the substantial completion of the development
and any trees or plants which within a period of 5 years from the
completion of the development die, are removed or become seriously
damaged or diseased shall be replaced in the next planting season with
others of similar size and species, unless the Borough Council gives
written consent to any variation.
[To make sure that a satisfactory landscaping scheme for the
development is agreed and implemented in the interests of the
appearance of the area and to comply with policy EN13 (Landscaping
Schemes) of the Rushcliffe Borough Non Statutory Replacement Local
Plan]
16
4.
Details of all screen fencing/walling and means of enclosure to be
erected on the site shall be submitted to and approved in writing by the
Borough Council before development commences. The development
shall not be brought into use until the approved screen fencing/walling
and means of enclosure have been completed, and they shall be
retained thereafter in accordance with the approved details.
[In the interest of amenity and to comply with policy GP2 (Design &
Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement
Local Plan]
5.
No operations shall commence on site until the existing trees and/or
hedges which are to be retained have been protected in accordance
with details to be approved in writing by the Borough Council and that
protection shall be retained for the duration of the construction period.
No materials, machinery, skip(s), building waste or vehicle(s) are to be
stored/parked or temporary buildings erected within the perimeter of the
fence, nor shall any materials, machinery, skip(s), building waste or
vehicles stored or parked beneath the canopy lines of any trees on the
site. Furthermore no excavation work shall be undertaken within the
confines of the fence and no changes of ground level shall be made
within the protected area.
[To ensure existing trees are adequately protected during the
development and to comply with policy EN13 (Landscaping Schemes)
of the Rushcliffe Borough Non Statutory Replacement Local Plan]
6.
The development hereby permitted shall be carried out in accordance
with the following approved plan(s): P(100) Rev C; P(110 Rev C);
P(111) Rev C; P(112) Rev B; P(200) Rev C; P(201) Rev B; and P(300)
Rev C.
[For the avoidance of doubt and to comply with policy GP2 (Design &
Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement
Local Plan]
7.
Notwithstanding the provisions of Part 1 Classes A - G (inclusive) of the
Town and Country Planning (General Permitted Development)
(Amendment) (No. 2) (England) Order 2008 (or any Order revoking or
re-enacting that Order with or without modification) there shall be no
enlargement or alteration of the proposed dwelling, and no alteration to
or insertion of windows or rooflights other than those shown on the
approved plans, and no sheds, buildings or structures, hard-surfacing,
decking or chimneys, flues or vent pipes shall be erected on the site
other than those shown on the approved plans or controlled by other
conditions attached to this permission.
[The development is of a nature whereby future development of this
type should be closely controlled and to comply with policies GP2
(Design & Amenity Criteria) and EN2 (Conservation Area) of the
Rushcliffe Borough Non Statutory Replacement Local Plan]
17
8.
Notwithstanding the provisions of Part 2 Class A of the Town and
Country Planning (General Permitted Development) (Amendment) (No.
2) (England) Order 2008 (or any Order revoking or re-enacting that
Order with or without modification) no fences, gates, walls or other
means of enclosure shall be erected on the site other than those
approved under Condition 4 of this permission.
[The development is of a nature whereby future development of this
type should be closely controlled and to comply with policies GP2
(Design & Amenity Criteria) and EN2 (Conservation Area) of the
Rushcliffe Borough Non Statutory Replacement Local Plan]
9.
The hedges located on the western and northern boundaries of the
application site shall be retained and any part of the hedge removed,
dying, being severely damaged or becoming seriously diseased shall be
replaced, with hedge plants of such size and species, details of which
shall be submitted to and approved in writing by the Borough Council,
within one year of the date of any such loss being brought to the
attention of the Borough Council.
[The hedge is an important feature in the area and its retention is
necessary to help screen the new development and prevent undue
overlooking of adjoining dwellings and to comply with policies GP1viii
(Delivering Sustainable Development) and EN2 (Conservation Areas) of
the Rushcliffe Borough Non Statutory Replacement Local Plan]
10.
A 'no-dig' method of drive construction must be used in accordance with
BS 5837:2012 .
[To ensure the protection of trees, which are to be retained in order to
enhance the development and visual amenities of the area and to
comply with policies GP1 viii (Delivering Sustainable Development) and
EN2 (Conservation Areas) of the Rushcliffe Borough Non Statutory
Replacement Local Plan]
NOTES TO APPLICANT
This grant of planning permission does not alter the private legal situation with
regard to the carrying out of any works involving land which you do not own or
control. You will need the consent of the owner(s) involved before any such
works are started.
20.
APPEAL DECISIONS
The report of the Executive Manager - Communities was submitted and noted.
The meeting closed at 10.30 pm.
CHAIRMAN
18
Development Control Committee
6 November 2014
Planning Applications
4
Report of the Executive Manager - Communities
PLEASE NOTE:
1.
Slides relating to the application will be shown at the meeting where
appropriate.
2.
Plans illustrating the report are for identification only.
3.
Background Papers - the application file for each application is available for
public inspection at the Rushcliffe Customer Contact Centre in accordance
with the Local Government Act 1972 and relevant planning
legislation/Regulations. Copies of the submitted application details are
available on the website http://planningon-line.rushcliffe.gov.uk/onlineapplications/. This report is available as part of the Development Control
Committee Agenda which can be viewed five working days before the
meeting at
http://www.rushcliffe.gov.uk/councilanddemocracy/meetingsandminutes/agen
dasandminutes/. Once a decision has been taken on a planning application
the decision notice is also displayed on the website.
4.
Reports to the Development Control Committee take into account diversity
and Crime and Disorder issues. Where such implications are material they
are referred to in the reports, where they are balanced with other material
planning considerations.
5.
With regard to S17 of the Crime and Disorder Act 1998 the Police have
advised they wish to be consulted on the following types of applications:
major developments; those attracting significant numbers of the public e.g.
public houses, takeaways etc; ATM machines, new neighbourhood facilities
including churches; major alterations to public buildings; significant areas of
open space/landscaping or linear paths; form diversification to industrial uses
in isolated locations.
6.
Where the Development Control Committee has power to determine an
application but the decision proposed would be contrary to the
recommendation of the Executive Manager - Communities, the application
may be referred to the Council for decision.
7.
The following notes appear on decision notices for full planning permissions:
“When carrying out building works you are advised to use door types and
locks conforming to British Standards, together with windows that are
performance tested (i.e. to BS 7950 for ground floor and easily accessible
19
windows in homes). You are also advised to consider installing a burglar
alarm, as this is the most effective way of protecting against burglary. If you
have not already made a Building Regulations application we would
recommend that you check to see if one is required as soon as possible. Help
and guidance can be obtained by ringing 0115 914 8459, or by looking at our
web site at www.rushcliffe.gov.uk/buildingcontrol
Application
14/01895/FUL
Address
David Holmes Numbers 2 4 6 And 6A Central
Avenue West Bridgford Nottinghamshire
Page
21 - 30
Part change of use of ground floor retail unit (A1) to
estate agency (A2); change of use of remaining
ground floor retail unit (A1) and part first floor offices
(A2/B1) to restaurant (A3) with associated shop front
alterations and external seating area
Ward
Trent Bridge
Recommendation Grant subject to conditions
14/01577/FUL
Wolds Edge Nicker Hill Keyworth Nottinghamshire
31 - 36
Demolish dwelling and erect replacement dwelling;
form new vehicular access
Ward
Keyworth South
Recommendation Planning permission be refused for the reasons
stated
14/01840/FUL
Land East of 106 Main Road Barnstone
37- 42
Remove garage/shed and replace with three
bedroom house
Ward
Wiverton
Recommendation Planning permission be refused for the reasons
stated
14/01888/FUL
100 Julian Road West Bridgford
Exterior wall insulation to side wall
Ward
Lady Bay
Recommendation Grant subject to conditions
20
43 - 45
Car Park
WEST BRIDGFORD
TCB
Fn
Library
PO
24.7m
68
70
Sur
g
ery
PC
Lo
e
dg
3
23.8m
25
8a
RD
RO
AD
8
R
NT
CE UE
N
VE
LA
RA
NT
CE
0
o6
29
1
BBR
RID
ID
GF
O
G
4t
27
2
FO
RD
RO
AD
13
12
Car Park
application site
23
74
PA
RK
AV
EN
UE
4
rk
Pa
UE
EN
AV
AL
16
1
a
16
31
18
a
18
23.8m
86
20
5
7
41
26
11
24.1m
28
9
30
4
Application Number 14/01895/FUL
David Holmes, 2 - 6 Central Avenue,
West Bridgford
scale 1:1000
a
30
This map is reproduced from Ordnance Survey material with
the permission of Ordnance Survey on behalf of the Controller
of Her Majesty’s Stationary Office © Crown Copyright.
Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or civil proceedings.
Rushcliffe Borough Council - 100019419
14/01895/FUL
Applicant
Halgram Limited
Location
David Holmes Numbers 2 4 6 And 6A Central Avenue West Bridgford
Nottinghamshire
Proposal
Part change of use of ground floor retail unit (A1) to estate agency
(A2); change of use of remaining ground floor retail unit (A1) and part
first floor offices (A2/B1) to restaurant (A3) with associated shop front
alterations and external seating area
Ward
Trent Bridge
THE SITE AND SURROUNDINGS
1.
The application relates to a two-storey vacant shop unit on the west side of
Central Avenue, towards the northern end of the shopping parade close to
the junction with Bridgford Road, and an estate agency on Bridgford Road.
There are offices, storage and staff facilities in connection with the estate
agency use on the first floor. There is also an external terrace on the flat roof
of a single storey section of the building. The site is located in the town centre
shopping/commercial area and there is a café (Café Nero) in between the
two site frontages at the junction of Central Avenue and Bridgford Road.
There is a grassed area known as the ‘Croquet Lawn’ on the opposite side of
the Central Avenue frontage and a dental surgery on the opposite side of the
Bridgford Road frontage. The ground floor was previously used as a shop
selling shoes and clothes which closed in June 2013. The town centre
includes a variety of buildings in terms of period, scale, design/style and
materials and a wide range of shops, financial services, restaurants/cafes,
pubs/bars and other commercial premises including offices and medical
services. The closest residential properties are on Bridgford Road to the
south west.
DETAILS OF THE PROPOSAL
2.
The proposal would involve use of a relatively small part (24 sq. m) of the
rear of the former shop as an extension to the estate agency, and use of the
remainder of the former shop as a restaurant with a maximum of 114 covers,
with a kitchen, customer wcs and bin store on the Central Avenue part of the
existing first floor offices. The shop front alterations would comprise new
windows with two new entrances, retractable awnings and wall mounted light
fittings to the Central Avenue frontage. Part of the Central Avenue pavement
would be used as an external seating area with a maximum of 30 covers. The
opening hours would be 8am - 11.30pm on Monday to Friday, 9am - 11.30pm
on Saturday and 9am - 10.30pm on Sundays and Bank Holidays.
3.
The Planning Statement states the following.

The current layout of the estate agency is unconventional with a small
reception area on the ground floor with a staircase to the first floor
21
office. The proposed extension seeks to improve custom by providing
a traditional estate agency layout comprising a display area at the front
of the unit with desk space to the rear, all on the ground floor. Much of
the first floor office space is under-utilised.

The vacant retail unit and first floor offices have been actively and
extensively marketed since June 2013 which included the option of
splitting the retail unit into two units. Despite interest from two retail
chains, the unit remains unoccupied. The property was not suitable to
the requirements of retailers due to its size and configuration. The
limited interest indicates that the unit is not attractive to mainstream
retailers whose preference is Nottingham city centre.

Cote restaurant was founded in 2006 and is a highly respected and
well known brand with over 50 restaurants in the UK.

The proposed restaurant will positively enhance the vitality and viability
of the centre by bringing a vacant unit into active use and increasing
footfall and dwell time, increasing the likelihood that customers will use
other local facilities and services.

The proposed restaurant would provide up to 50 jobs (25 full time
equivalent) which is a significant number compared to retail use. It is
estimated that the former shop employed approximately 5 staff for 25
hours or more per week, with additional part time/weekend staff. The
proposal presents an opportunity to secure a significant number of new
jobs for West Bridgford helping to support the vitality and viability of the
town centre.

Policy SHOP2 is clearly out of date and shopping habits and functions
have changed, as was recognised by the appeal inspectors in relation
to 29 Bridgford Road and 14 Gordon Road.

It is expected that deliveries would be made in a daily consolidated
delivery from the loading bay on Central Avenue through the main
entrance, as is the case with other businesses on Central Avenue.

A separate planning application will be submitted to provide further
detail of proposed extraction and ventilation measures.
SITE HISTORY
4.
Permission was granted in 2001 and 2002 for use of the ground and first
floors for A3 use (refs. 01/00254/FUL & 01/01410/FUL) which were not
implemented. Permission was granted in 2006 for conversion and alteration
of first and second floor to create 4 flats (ref. 06/00704/FUL). Permission was
granted in 2007 for Ground and first floor extensions to create an A2/B1
office with a new bin store (ref. 07/02043/FUL). Permission was granted in
2009 for Change of use of first and second floors from residential apartments
to office use (class A2/B1); ground and first floor rear extension (fronting
Bridgford Road) (ref. 09/01613/FUL).
22
5.
An application for a first floor extension over the terrace is currently under
consideration (ref. 14/02068/FUL). This would serve as an extension to the
estate agency.
REPRESENTATIONS
Ward Member
6.
One Ward Member objects to the A3 use on grounds that another restaurant
is not needed on Central Avenue and it would make it even harder to attract a
variety of shops to the town centre, and will eventually make the area
unattractive and unviable to residents of West Bridgford. The Ward Member
does not object to the A2 element.
7.
One adjacent Ward Member has no comments for or against.
Statutory and Other Consultees
8.
The Planning Policy Manager has no policy objection.
9.
The Executive Manager – Neighbourhoods has no objections but
recommends conditions to ensure that the outside area is not used after
11pm daily, no amplified speakers or music is played in the outside areas,
and details of an extract ventilation system for the cooking area, any
externally mounted plant or equipment (air conditioning, extraction,
refrigeration units) and internally mounted equipment which vents externally
are submitted for approval. It is also recommended that the delivery and
waste collection times are restricted to minimize disturbance to residents. To
date no objections have been received to the licence, and the applicant has
agreed to conditions to ensure CCTV throughout the premises, no vertical
drinking, substantial food always available, waiter service only, self-closing
doors, routine checks, glass collection, and signage requesting customers to
leave quietly. Comments from the Police are awaited.
10.
The Nottinghamshire County Council as Highway Authority has no objections
as the site is in a town centre location with access to public car parks and
good public transport links. The external seating area will require a licence.
Local Residents and the General Public
11.
4 Letters from residents of West Bridgford, 1 letter from the Central West
Bridgford Community Association, 2 letters from residents of Keyworth and
Upper Saxondale, 1 letter from a resident of Burton Joyce and 1 letter from a
resident of Eaton near Grantham have been received raising objections and
comments which are summarised as follows.
a.
Another restaurant would detract from the viability, have a negative
impact on the amenity of West Bridgford and aggravate traffic
congestion.
b.
The outdoor seating area would impinge excessively on the ability of
pedestrians, parents with buggies and people with mobility problems
to negotiate Central Avenue safely.
23
c.
There are a great number of restaurants, café, bars etc on The
Avenue and a reducing number of shops to meet the needs of a
community.
d.
Too many licensed premises creating an unwelcoming environment in
the evenings, and the deterioration of the area over the past 10 years
appears to correlate with the increase in licensed premises.
e.
There must be a ceiling on the number of premises of this type that
West Bridgford can sustain - surely saturation point has been reached.
f.
Understand that there is a historic precedent from 1979 stating that
only 35% of shops should be non-A1. It is realised that times have to
change with demands and trends but that figure is now closer to 4647%.
g.
A balanced high street is a vibrant, profitable and thriving environment.
h.
Has every effort really been made to let the store for retail? It is
doubted as higher rents can be achieved from restaurant/bar
operators.
i.
Not fair on the small independent local businesses which will probably
be the first to suffer from the larger chains.
j.
Surely not all the eating/drinking outlets can survive as the vast choice
dilutes each business.
k.
It is the Council’s responsibility to protect the interests of local
residents and those travelling from outside and these interests have
been neglected in favour of development of West Bridgford as a night
time destination.
PLANNING POLICY
12.
The relevant statutory policies that form part of the Development Plan for
Rushcliffe consist of the 6 saved policies of the Rushcliffe Borough Local
Plan 1996.
13.
Other material considerations include the National Planning Policy
Framework (NPPF), the recently published National Planning Practice
Guidance (NPPG), the emerging Rushcliffe Publication Core Strategy (March
2012) and the Rushcliffe Borough Non-Statutory Replacement Local Plan
(2006).
Relevant National Planning Policies and Guidance
14.
The National Planning Policy Framework (NPPF) includes a presumption in
favour of sustainable development. Local Planning Authorities should
approach decision making in a positive way to foster the delivery of
sustainable development and look for solutions rather than problems, seeking
to approve applications where possible. In assessing and determining
24
development proposals, local planning authorities should apply the
presumption in favour of sustainable development. Development proposals
that accord with the development plan should be determined without delay.
Where the development plan is absent, silent or relevant policies are out of
date, permission should be granted unless any adverse impacts of doing so
would significantly and demonstrably outweigh the benefits when assessed
against the policies in the Framework taken as a whole.
15.
16.
There are three dimensions to sustainable development: economic, social
and environmental. These dimensions give rise to the need for the planning
system to perform a number of roles:

an economic role – contributing to building a strong, responsive and
competitive economy;

a social role – supporting strong, vibrant and healthy communities by
creating a high quality built environment, with accessible local services
that reflect the community’s needs and support its health, social and
cultural well-being; and

an environmental role – contributing to protecting and enhancing our
natural, built and historic environment.
Two of the Core planning principles of the NPPF state that planning should:

always seek to ensure high quality design and a good standard of
amenity for all existing and future occupants of land and buildings;

actively manage patterns of growth to make the fullest possible use of
public transport, walking and cycling, and focus significant
development in locations which are or can be made sustainable.
17.
Chapter 1: ‘Building a strong, competitive economy’ states that the
Government is committed to securing economic growth in order to create jobs
and prosperity and to ensuring that the planning system does everything it
can to support sustainable economic growth. Planning should operate to
encourage and not act as an impediment to sustainable growth. Investment in
business should not be over-burdened by the combined requirements of
planning policy expectations and planning policies should recognise and seek
to address potential barriers to investment. Policies should be flexible enough
to accommodate needs not anticipated in the plan and to allow a rapid
response to changes in economic circumstances.
18.
Chapter 2: ‘Ensuring the vitality of town centres’ states that planning policies
should be positive, recognise town centres as the heart of their communities
and pursue policies to support their viability and vitality, and promote
competitive town centres that provide customer choice and a diverse offer
which reflects the individuality of town centres.
19.
The NPPF defines a Primary shopping area as a ‘Defined area where retail
development is concentrated (generally comprising the primary and those
secondary frontages which are adjoining and closely related to the primary
shopping frontage)’. Primary frontages are likely to include a high proportion
25
of retail uses which may include food, drinks, clothing and household goods,
whilst secondary frontages provide greater opportunities for a diversity of
uses such as restaurants, cinemas and businesses.
20.
The National Planning Practice Guidance on ensuring the vitality of town
centres reinforces the NPPF.
Relevant Local Planning Policies and Guidance
21.
None of the 6 saved policies of the Rushcliffe Local Plan are relevant to this
application.
22.
Policy 5: ‘Role of Town and Local Centres’ of the emerging Local Plan Core
Strategy identifies West Bridgford as a District Centre and states that the
vitality and viability of all centres will be maintained and enhanced, including
widening the range of uses whilst maintaining a strong retail character. The
justification states that Rushcliffe is served by a range of distinctive district
and local centres, all of which have an important role to play in meeting the
various needs of Rushcliffe’s many neighbourhoods. Such needs typically
include good accessibility to shops, and the presence of key services and
employment opportunities; all influential factors in ensuring the continued
viability and vitality of a centre. It is important that all centres act as a focus
for community life where residents can live, socialise and help to strengthen
social cohesion. To maintain this, it is vital to preserve, and where needed,
add to the diverse range of (predominantly) retail facilities already present
within them. This is essential in ensuring the continued vibrancy and
prosperity of centres, particularly in challenging and ever-changing economic
circumstances.
23.
The Rushcliffe Borough Non-Statutory Replacement Local Plan (RBNSRLP)
is a material consideration. Whilst not part of the Development Plan, the
Borough Council has adopted the RBNSRLP for development control
purposes in the determination of planning applications. Policies GP1
(Delivering Sustainable Development), GP2 (Design and Amenity Criteria)
and SHOP2 (Local Shopping) are relevant.
APPRAISAL
24.
The site is located within the shopping centre defined on the Proposals Map
of the RBNSRLP. The town centre includes a variety of A1 shops (including
two supermarkets, a frozen food store, a bakers, greengrocers, newsagents,
pharmacies, health food shop, opticians, hairdressers, cards & gifts, florists,
dry cleaners, clothing, travel agents, charity shops) together with a number of
cafes/restaurants, take-aways, public houses, banks/building societies, estate
agents and offices. It would appear that the town centre is performing well as
a shopping centre despite the economic problems in the recent past.
25.
The purpose of policy SHOP2 was to control non shopping uses in order to
protect the vitality and viability of centres. The supporting text acknowledges
that retail services such as building societies, estate agents, restaurants etc.
provide important services which are appropriate for shopping centres.
However, if such uses predominate, they can dramatically change the
character of a shopping centre and undermine its vitality and viability. The
26
challenge is to achieve a successful mix between retail and retail services
and this is best implemented with a flexible policy that can respond to
changes in provision. The 35% limit for non-A1 uses is derived from a 1979
report which stated that "It was generally thought that the proportion of retail
frontage in a centre could not go below two thirds or 65% without some
problems". Consequently, SHOP2 attempts to limit A2, A3, A4 and A5 uses in
its main shopping areas to about 35% with particular attention paid to retail
proposals in Bingham, Radcliffe on Trent, Ruddington and West Bridgford
where the proportions of A2, A3, A4 and A5 uses are at or close to the 35%
limit.
26.
With respect to the proposed A3 use, it has to be borne in mind that shopping
habits and the function of shopping centres has changed since 1979, and that
nowadays many people shop on the internet, at retail parks and large out of
centre supermarkets that sell clothes, homewares and other comparison
goods. The NPPF promotes competitive town centres that provide customer
choice and a diverse range of uses. A change in the approach to the
consideration of non-A1 proposals is highlighted in appeal decisions in 2010
and 2012 relating to 29 Bridgford Road and 14 Gordon Road, West Bridgford,
which are considered to be a material consideration relevant to the
determination of the current proposal. In these appeals, where the proportion
of non A1 units was already at 35%, the Inspectors recognised that the 35%
figure was derived from a 1979 report and that shopping habits and the
function of shopping centres may have changed since then. They also
considered that A3 uses are an important element within town centres as
they can enhance the attractiveness of town centres and increase dwell time,
and that an active town centre requires a diverse range of uses and the mix
of uses will need to change over time to reflect patterns of demand and
consumer choice.
27.
The two units at Van Gaver House, 48-50 Bridgford Road are now occupied
by A3 users (Costa and The Parlour). Planning permission was granted in
2013 for A1 or A2 Use at 4 Albert Road, and this committee granted
permission for an A3 use at that property in August 2013 (ref. 13/00573/FUL).
It is understood that an estate agency (A2) is due to soon occupy that
property. In such circumstances and, if the current A3 use were to be
approved and implemented, the proportion of non-A1 uses would be 37%.
However, due to the changes in shopping habits and significant economic
changes since 1979, and the appeal decisions referred to above, it is now
considered that the 35% figure is superseded by the NPPF. The stretch of
Central Avenue between the junctions with Bridgford Road and Rectory Road
and the 4 units on Rectory Road are considered to be a primary frontage.
This includes 26 units of which 21 are currently in A1 use (including the
Central Avenue part of the application site), three are in A2 use, one is in A3
use (Carluccios) and one is a mixed A1/A3 use (Café Nero). The proposed
A3 use would result in 20 remaining A1 units (and 23% in non-A1 use). In
terms of the primary frontages of the town centre as a whole, it is considered
that both sides of Central Avenue, Tudor Square and parts of Albert Road
and Davies Road should be included. This includes 58 units and, the
proposed A3 use would result in 36 remaining A1 units (and 37.9% in non-A1
use). Either way, it is considered that the proposed A3 use would result in a
‘high proportion’ of retail uses remaining as envisaged by the NPPF.
27
28.
The proposed A3 use would have a significant benefit in terms of job
creation, including the equivalent of 25 full time jobs, and would promote
competition and improve customer choice. It could also encourage more
people into the town centre which would enhance vibrancy, and could
increase dwell time. It is, therefore, considered that the proposed use would
enhance the vitality & viability and retail character & function of the town
centre, and would not result in such a disproportionate imbalance of A2, A3,
A4 and A5 uses so as to undermine the vitality, viability and retail character
and function of the town centre. In addition, the proposed A2 element would
enable improved accommodation for a current business. It is therefore
considered that the type of sustainable economic development envisaged by
the NPPF. It also has to be borne in mind that the former shop has been
vacant for over a year and has not generated any economic benefit.
29.
The site is in the heart of the town centre which is a highly sustainable
location with easy access to bus routes. Whilst some customers may travel to
the town centre by private car, they are likely to make linked trips.
30.
In view of the opening hours proposed and with the conditions recommended
by the Executive Manager: Neighbourhoods, it is considered that the
proposal should not result in a significant noise and disturbance or smells to
neighbours/local residents. The pavement is around 9m in width in front of
the Central Avenue part of the site and the proposed external seating area
would be around 4.3m in width. In view of the width of remaining pavement, it
is considered that there should be no significant difficulties for pedestrians,
and there is no highway safety objection.
31.
In view of the variety of buildings in the area in terms of period, design/style
and materials, it is considered that the design/appearance and materials of
the new shop front would be acceptable. Any signage requiring the express
consent of the Borough Council would be considered under an application for
advertisement consent.
32.
The proposal was not subject to pre-application negotiations. However, it is
considered that the proposal is acceptable and, therefore, there was no
reason to contact the applicant to request alterations during the processing of
the application.
RECOMMENDATION
It is RECOMMENDED that planning permission be granted subject to the following
condition(s)
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 shall be carried out in accordance with
the plan(s) received on 4 & 12 September 2014.
28
[For the avoidance of doubt and to comply with policy GP2 (Design &
Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local
Plan].
3.
The premises shall not be open to customers outside the following hours:
0800 – 2330 Monday – Friday
0900 – 2330 Saturday
0900 – 2230 Sundays and Bank Holidays
[To protect the amenities of nearby residents and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan].
4.
The external pavement seating area shall not be used by customers after
2200 hours on any night and the external doors to the proposed A3 unit shall
be kept closed after 2200 hours on any night except for access and egress.
[To protect the amenities of nearby residents and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan].
5.
There shall be no amplified speakers installed or music played in the outside
areas of the site at any time.
[To protect the amenities of nearby residents and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan].
6.
The delivery and waste collection times shall be restricted to the following
times:Monday - Friday 0700 - 1800 hours, Saturday 0800 - 1700 hours and no
deliveries or waste collection on Sundays or Bank Holidays.
[To protect the amenities of nearby residents and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan].
7.
Before the use is commenced 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 in writing by the Borough
Council, and the plant/equipment shall be installed and maintained in
accordance with the approved scheme.
[To protect the amenities of nearby residents and to comply with policy GP2
(Design & Amenity Criteria) of the Rushcliffe Borough Non Statutory
Replacement Local Plan].
NOTES TO APPLICANT
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
29
discharge conditions can be found on the Rushcliffe Borough Council website.
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.
You are required to submit an application to the Highway Authority for licence under
Section 115E of the Highway Act 1980 to place tables and chairs on the highway.
Should a licence be granted, it will include provisions to ensure that the area is
maintained in good condition, its removal as required by the County Council and for
any liability arising from the seating area to be the responsibility of the licensee. You
are therefore advised to contact the County Council’s Highways Area Office, tel.
0300 500 8080.
It is noted that the Planning Statement states that a separate planning application
will be submitted to provide further detail with regard to proposed extraction and
ventilation measures and you are reminded that details of an extract ventilation
system for the cooking area need to be approved by the Borough Council before the
proposed A3 use commences.
This grant of planning permission does not alter the private legal situation with
regard to the carrying out of any works involving land which you do not own or
control. You will need the consent of the owner(s) involved before any such works
are started.
The provisions of the Party Wall Act 1996 may apply in relation to the boundary with
the neighbouring property. 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.
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 land owner must first be obtained.
The responsibility for meeting any claims for damage to such features lies with the
applicant.
30
KEYWORTH
Danesney
Barnfield Farm
Shelter
Crest House
Rydal
Mount
Trees
s
old
W
ge
Ed
GH
HI
LB
tle
Lit
g
din
ea
St
L
UE
E
L
HI
U
NN
VAVEE
W
A
E
VI
HW
E
IG
I
H
V
ER
CK
NI
2
Bonython
The
Heathers
application site
81.5m
1
ER
CK
NI
L
HI
L
2
Privet Court
4
14
M
D
EA
O
W
D
RI
VE
1
Birchwood
11
4
Application Number 14/01577/FUL
Wolds Edge, Nicker Hill, Keyworth
scale 1:1000
Chalfont
This map is reproduced from Ordnance Survey material with
the permission of Ordnance Survey on behalf of the Controller
of Her Majesty’s Stationary Office © Crown Copyright.
Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or civil proceedings.
Rushcliffe Borough Council - 100019419
14/01577/FUL
Applicant
Mr Russell O'Keeffe Building Services
Location
Wolds Edge Nicker Hill Keyworth Nottinghamshire NG12 5EN
Proposal
Demolish dwelling and erect replacement dwelling; form new
vehicular access
Ward
Keyworth-South
THE SITE AND SURROUNDINGS
1.
The application relates to a two storey detached house which lies within a
row of dwellings of varying scale and design on the south-western side of
Nicker Hill. The property is finished with white rendered facades and a red
rosemary tiled roof. The property has a large central gabled feature that has
a hipped roof with two smaller single storey “wings” flanking the central gable.
The “wings” are finished in red brick detailing surrounding the centrally
positioned front door in the gable. The property is elevated above road level,
and is on rising ground within the plot. There is a driveway that runs along
the northern side of the property terminating at a single storey garage that is
linked to a range of out buildings that are built along the northern boundary of
the site. The dwelling is set back about 22m from the front boundary of the
site, which is delineated by a landscaped hedge about 2m high, which is
characteristic of the area.
2.
There is a detached hipped roofed bungalow to the north-west of the site
and a detached, two storey property to the south-east. The bungalow
(Lynedale, formerly known as Bonython) is separated from the site by a
mixture of boundary treatments, including landscaping about 1.8m high and
a 1.8m high timber fence and the applicant’s detached outbuildings. The
detached house (The Heathers) is separated from the site by a mature
boundary hedge about 1.8m high and a 1.8m high fence both of which are
supplemented by some taller trees.
3.
The properties along Nicker Hill tend to be set back from the road frontage
in sylvan settings being predominantly large two storey dwellings with large
gardens. Opposite the site, on the north-eastern side of Nicker Hill is open
countryside within the Green Belt, the boundary of which is the field hedge
on the opposite side of Nicker Hill.
DETAILS OF THE PROPOSAL
4.
The application seeks planning permission to demolish the existing
dwelling, including the existing detached garage and outbuildings, and to
construct a new replacement dwelling with attached garage and
outbuildings.
5.
The existing dwelling measures 15.8m wide, with the main two storey
element measuring 9.6m and the lower wings, each being 3.1m wide and
31
set back 1.5m from the front elevation of the two storey element. The wings
project beyond the rear elevation of the two storey element by the same
measurement, i.e.1.5m. The depth of the building is 7.8m. There is also a
conservatory measuring 4.8m wide, 4.6m deep and 3.4m high located on
the rear elevation, inside the rear projection of the south-western wing. It is
8.3m high to the main ridge, with eaves 5.3m high and the ridge height of
the side wings are 5.7m high with eaves at 2.5m high. The site rises in level
from south-east to north-west and there are currently steps up to the front
elevation, resulting in a level increase of 1.2m from the front garden to the
finished floor level. The existing dwelling is positioned 22m back from the
front (north-east) elevation, is set in about 4.6m from the boundary with
Lynedale to the north-west and is set in about 3m at its closest point from
The Heathers to the south-east. The rear garden measures between 21.6
to 26m in depth.
6.
The proposed dwelling is a two storey property with additional
accommodation at second storey; in the roof space, served by dormer
windows to the front and rear roof slopes, and would have two front
projecting gables, one at either end of the front facade. The dwelling would
measure about 16.7m wide (0.9m wider than existing), with a ridge height of
9.8m (1.5m higher than the existing) and eaves of 5.3m (2.8m higher than
existing). The front gables would both be hipped and set down 1.6m from
the main ridge at a height of 8.2m and project forward a distance of 1.4m
from the front façade of the building. The proposed dwelling would be
13.8m deep at ground floor level (6m deeper than the existing) and 11.4m
at first floor level (3.6m deeper than existing).
7.
The main dwelling would be positioned 22m back from the front (north-east)
elevation, be set in about 5.1m from the boundary with Lynedale to the
north-west (an increase in the separation distance of 0.5m) and set in about
1.8m from The Heathers to the south-east at its closest point (a reduction in
the separation distance of 1.2m). The rear garden measures about 21.4m
in depth from the rear boundary fence to the rear elevation of the single
storey element.
8.
The application also proposes an attached double garage with games room
behind and, to the rear of that, a hot tub room and a summer house to the
north-western side of the dwelling. The garage would have a first floor
above, providing a living/kitchen area and a bedroom with en-suite in what
appears to be an annex to the main dwelling served by staircase off the
ground floor games room area (to the rear of the garage). This two storey
part would measure 5.1m wide, 8.4m deep and would be 7.9m high to ridge,
4.7m to eaves.
9.
The games room attached to the rear of this structure would be 5.1m wide,
and 6.7m deep measuring 3.9m high to ridge and 2.4m to eaves. Beyond
the games room would be a hot tub and a summer room, again both
structures attached and both measuring 2.8m wide and 3.1m high to ridge,
2.1m to eaves. The hot tub building would be 3.9m deep and the summer
house 5.5m deep.
32
10.
Finally the application proposes a new vehicular entrance point in the front
elevation, alongside the boundary with The Heathers, retaining the existing
opening in the front elevation to create an “in out” style driveway with an
arching driveway across the frontage of the property.
SITE HISTORY
11.
89/00145/H1P – Demolish existing garage; construct new garage and
conservatory – Approved 09.03.1989.
REPRESENTATIONS
Ward Member
12.
Two Ward Members do not object to the proposal.
Town/Parish Council
13.
Keyworth Parish Council does not object to the proposal but states “Are the
gates, as indicated, too close to the public highway? Please advise”.
Statutory and Other Consultees
14.
Nottinghamshire County Council as Highway Authority does not object
subject to conditions being attached to any grant of permission.
Local Residents and the General Public
15.
One letter has been received raising objections on the grounds that the
proposal is 3 storeys high on rising ground and they comment that a 2
storey house would blend in better.
16.
One letter of comment has also been received and, whilst not raising an
objection in principle to the proposal, includes comments that the plan
inaccurately shows a tree on the common boundary with the neighbouring
property (Lynedale). The removal of a number of trees on the site is
welcomed; it is requested that parking by contractors on the highway verge
to the front of the site be controlled and it is also noted that it is proposed to
be a 6 bedroom dwelling and not a three bedroom dwelling as stated on the
application forms.
PLANNING POLICY
17.
The relevant Development Plan policies consist of the 6 saved policies of
the Rushcliffe Borough Local Plan 1996. None of these is directly relevant
to the application.
18.
Other material considerations include the National Planning Policy
Framework (NPPF), the recently published National Planning Practice
Guidance (NPPG), the emerging Rushcliffe Publication Core Strategy
(March 2012) and the Rushcliffe Borough Non Statutory Replacement Local
Plan (2006).
33
19.
Any decision should therefore be taken in accordance with the NPPF and
NPPG; policies contained within the Rushcliffe Borough Non-Statutory
Replacement Local Plan where they are consistent or amplify the aims and
objectives of the Framework and the emerging Rushcliffe Core Strategy,
together with other material planning considerations.
Relevant National Planning Policies and Guidance
20.
The NPPF, at Para.17 sets out the 12 core principles of planning. One of
these is to, “always seek to secure high quality design and a good standard
of amenity for all existing and future occupants of land and buildings.”
Relevant Local Planning Policies and Guidance
21.
Policy HOU2 (development on unallocated sites) of the Rushcliffe Borough
Non-Statutory Replacement Local Plan states that planning permission for
new unallocated development within settlements will be granted provided
that, amongst other things the size and location of the site is such that its
development would not detrimentally affect the character or pattern of the
surrounding area or the settlement as a whole; and the development would
not have an adverse visual impact or be prominent from locations outside
the settlement.
22.
Policy GP2 (design and amenity criteria) of the Rushcliffe Borough NonStatutory Replacement Local Plan is relevant to the consideration of this
application.
Policy GP2 states that planning permission for new
development, changes of use, conversions or extensions will be granted
provided that, where relevant, certain criteria are met. Criterion (d) is
concerned with the scale, density, height, massing, design, layout and
materials of proposals and states, inter-alia, that these should be
sympathetic to the character and appearance of neighbourhood buildings
and the surrounding areas. They should not lead to an over-intensive form
of development, be overbearing in relation to neighbouring properties, nor
lead to undue overshadowing or loss of privacy.
APPRAISAL
23.
The main issue is the visual appearance of the proposal and its impact not
only on the adjoining properties but on the wider public realm.
24.
The proposed dwelling would be bigger in every dimension, 0.9m wider,
(6m wider when factoring in the first floor accommodation above the
garage), 1.5m higher and 3.6m deeper (6m deeper at ground floor level)
than the existing dwelling. However, it is not only the dimensions that have
altered; it is the appearance, height and massing of the proposed dwelling.
The current dwelling, whilst wide, has the majority of its height and mass
centrally proportioned and set in from the boundary with its neighbours to
either side resulting in a spacious appearance with limited impact on the
neighbouring dwellings. The proposal seeks to fill the width of the plot with
a two to three storey property with significantly more mass and a significant
loss of gaps between the site and the neighbouring dwellings.
34
25.
The resultant increase in the first floor accommodation is considered to
result in an overbearing relationship to the neighbouring dwellings,
particularly the bungalow to the north-west (Lynedale). Whilst it is noted
that the proposed dwelling would project about 3m beyond the rear
elevation of the bungalow, it is the proposed dwelling’s location, tight to the
common boundary that is of concern and dramatically alters the current
relationship. This and the scale and height of the proposal would lead to an
unacceptable overshadowing and overbearing relationship on Lynedale as
a result of the proposal.
26.
The proposal is considered to be harmful to the amenity of the neighbouring
occupier and to the character and appearance of the street. The current
dwelling serves as a transition between the neighbouring bungalow and two
storey dwelling. It is acknowledged that the properties along Nicker Hill are
generally large detached dwellings and there is no fundamental objection to
a larger property, in this instance the proposed scale and relationship to the
neighbouring dwellings is considered to be unacceptable and the proposal
would be out of character with the scale and proportions of its flanking
properties.
27.
It is considered that the proposed replacement dwelling would be
significantly more prominent, fail to preserve the character of the street
scene and impact on the living conditions of the neighbouring property. The
overall height in relation to the neighbouring bungalow and the amount of
rearwards projection is considered to result in an unacceptable overbearing
relationship that would be oppressive and harmful to the amenities of the
adjoining occupants of the bungalow
28.
The application was not the subject of pre-application consultation and there
is a fundamental objection to the design of the extension. Negotiations
have not been initiated with the agent in this instance in order to allow the
decision to be issued in a timely manner.
RECOMMENDATION
It is RECOMMENDED that planning permission be refused for the following
reason(s)
1.
The proposed replacement dwelling, as a result of its design, scale, massing
and location would result in an overintensive form of development that is not
considered to be sympathetic to the character and appearance of the
neighbouring buildings and the surrounding area would result in an
overbearing relationship with the neighbouring property to the north west,
Lynedale, Nicker Hill. The proposal would therefore be contrary to Policies
GP2 and HOU2 of the Rushcliffe Borough Non-Statutory Replacement Local
Plan which states that planning permission for new development will be
granted provided that, inter-alia:
Policy GP2
(d)
The scale, density, height, massing, design, layout and materials of the
proposals are sympathetic to the character and appearance of the
neighbouring buildings and the surrounding area. They should not lead to an
35
overintensive form of development, be overbearing in relation to neighbouring
properties, nor lead to undue overshadowing or loss of privacy and should
ensure that occupants of new and existing dwellings have a satisfactory
degree of privacy.
Policy HOU2
a)
The size and location of the site is such that its development would not
detrimentally affect the character or pattern of the surrounding area or the
settlement as a whole; and
d)
The development would not have an adverse visual impact or be prominent
from locations outside the settlement.
36
BARNSTONE
an
sm
Di
tl e
Station Cottages
y
wa
ai l
dR
3
1
32.9m
Station House
31.1m
AD
RO
N
I
MA
LB
106
88
application site
Romney
House
4
Application Number 14/01840/FUL
east of 106 Main Road, Barnstone
scale 1:1000
This map is reproduced from Ordnance Survey material with
the permission of Ordnance Survey on behalf of the Controller
of Her Majesty’s Stationary Office © Crown Copyright.
Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or civil proceedings.
Rushcliffe Borough Council - 100019419
14/01840/FUL
Applicant
Mr M Baxter
Location
Land East Of 106 Main Road Barnstone Nottinghamshire
Proposal
Remove garage/shed and replace with three bedroom house
Ward
Wiverton
THE SITE AND SURROUNDINGS
1.
The application relates to a site currently occupied by a timber garage/shed
with a hardcore area to the front with vehicular access from Main Road, and
a grassed area to the rear of the building. The site is located in the
countryside around 0.25 miles to the east of the edge of the built up part of
Barnstone, and around 1 mile to the west of Granby. 106 Main Road, a
house at the end of a terrace of ten late 19 th/early 20th century houses with a
detached timber garage to the side, is adjacent to the west. To the west of
this terrace there are four detached houses with a farm and industrial building
to the rear. On the opposite side of Main Road to the north east there is a
detached house, a terrace of three houses and a livery stables with a
dwelling served by vehicular access from Main Road.
DETAILS OF THE PROPOSAL
2.
The garage/shed would be removed and a two storey three bedroom house
would be constructed on a similar, but larger, footprint with parking to the
front and a garden to the rear. The design would be suburban with a gabled
roof and canopy over the front door. The materials would be red sandcreased
facing brickwork and grey interlocking concrete roof tiles.
3.
The Design and Access Statement states that the building is currently used
as a workshop/shed, and that the proposed dwelling being of a modest size
would help to ensure the property is affordable to local residents in the event
that it is sold or rented. It also states that the dwelling has been designed to
have a similar height and length as the neighbouring properties to the west
and it would act as a ‘full stop’ to the terrace to the west. There is a bus stop
within 5m of the site entrance which is on an hourly bus route to Nottingham.
4.
The applicant considers that the site is on the edge of the village but not
within the Green Belt, the proposal would enhance the plot, and wouldn’t
affect light for the neighbours. The applicant has also referred to a ‘massive’
house at the Old Station Yard and that permission was recently granted to
turn 3 Station Cottages into two cottages.
SITE HISTORY
5.
None.
37
REPRESENTATIONS
Ward Member
6.
One Ward Member does not object and supports the application.
Town/Parish Council
7.
The Parish Council has no objection and comments that the development will
create a new house which is a much needed family home, will enhance the
area, complete the row of cottages and remove an eyesore, and is well within
the village boundary.
Statutory and Other Consultees
8.
No consultations were carried out.
Local Residents and the General Public
9.
1 letter has been received (from 106 Main Road) raising objections which are
summarised as follows.
a.
Would extend the built environment of the village.
b.
Local and national planning policy does not support single isolated
dwellings in rural locations unless there is an essential need for a rural
worker to live at or near their place of work.
c.
The lack of amenities/services in Barnstone and the infrequent bus
service call into the question the sustainability of the development.
d.
Loss of light & view, and overbearing effect.
e.
Does not follow the building line of the rear of the terrace of houses.
PLANNING POLICY
10.
The relevant statutory policies that form part of the Development Plan for
Rushcliffe consist of the 6 saved policies of the Rushcliffe Borough Local
Plan 1996.
11.
Other material considerations include the National Planning Policy
Framework (NPPF), the recently published National Planning Practice
Guidance (NPPG), the emerging Rushcliffe Publication Core Strategy (March
2012) and the Rushcliffe Borough Non-Statutory Replacement Local Plan
(2006).
Relevant National Planning Policies and Guidance
12.
The National Planning Policy Framework (NPPF) includes a presumption in
favour of sustainable development. Local Planning Authorities should
approach decision making in a positive way to foster the delivery of
38
sustainable development and look for solutions rather than problems,
seeking to approve applications where possible. In assessing and
determining development proposals, local planning authorities should apply
the presumption in favour of sustainable development. Development
proposals that accord with the development plan should be determined
without delay. Where the development plan is absent, silent or relevant
policies are out of date, permission should be granted unless any adverse
impacts of doing so would significantly and demonstrably outweigh the
benefits when assessed against the policies in the Framework taken as a
whole. There are three dimensions to sustainable development: economic,
social and environmental. These dimensions give rise to the need for the
planning system to perform a number of roles:
13.
14.

an economic role – contributing to building a strong, responsive and
competitive economy, by ensuring that sufficient land of the right type is
available in the right places and at the right time to support growth and
innovation; and by identifying and coordinating development
requirements, including the provision of infrastructure;

a social role – supporting strong, vibrant and healthy communities, by
providing the supply of housing required to meet the needs of present
and future generations; and by creating a high quality built environment,
with accessible local services that reflect the community’s needs and
support its health, social and cultural well-being; and

an environmental role – contributing to protecting and enhancing our
natural, built and historic environment; and, as part of this, helping to
improve biodiversity, use natural resources prudently, minimise waste
and pollution, and mitigate and adapt to climate change including
moving to a low carbon economy.
Three of the Core planning principles of the NPPF state that planning should:

Take account of the different roles and character of different areas,
promoting the vitality of our main urban areas, protecting the Green
Belts around them, recognising the intrinsic character and beauty of the
countryside and supporting thriving rural communities within it;

Always seek to secure high quality design and a good standard of
amenity for all existing and future occupants of land and buildings.

actively manage patterns of growth to make the fullest possible use of
public transport, walking and cycling, and focus significant development
in locations which are or can be made sustainable.
Chapter 6: ‘Delivering a wide choice of high quality homes’ states, at
paragraph 55, ‘To promote sustainable development in rural areas, housing
should be located where it will enhance or maintain the vitality of rural
communities. For example, where there are groups of smaller settlements,
development in one village may support services in a village nearby. Local
planning authorities should avoid new isolated homes in the countryside
unless there are special circumstances such as:
39

the essential need for a rural worker to live permanently at or near their
place of work in the countryside; or

where such development would represent the optimal viable use of a
heritage asset or would be appropriate enabling development to secure
the future of heritage assets; or

where the development would re-use redundant or disused buildings
and lead to an enhancement to the immediate setting; or

the exceptional quality or innovative nature of the design of the dwelling.
15.
Chapter 7: ‘Requiring good design’ states that good design is a key aspect of
sustainable development, and that new development should add to the
overall quality of an area, be visually attractive as a result of good
architecture, respond to local character and history, and reflect the identity of
local character and materials, while not preventing appropriate innovation.
Permission should be refused for development of poor design that fails to
improve the character and quality of an area.
16.
The Planning Practice Guidance (published on 6 March 2014). The guidance
on ‘Rural Housing’ states that it is important to recognise the role of housing
in supporting the broader sustainability of villages and smaller settlements. A
thriving rural community in a living, working countryside depends, in part, on
retaining local services and community facilities such as schools, local shops,
cultural venues, public houses and places of worship. Rural housing is
essential to ensure viable use of these local facilities.
Relevant Local Planning Policies and Guidance
17.
None of the 6 saved policies of the Rushcliffe Local Plan are relevant to this
application.
18.
The Rushcliffe Borough Non-Statutory Replacement Local Plan (RBNSRLP)
is a material consideration. Whilst not part of the Development Plan, the
Borough Council has adopted the RBNSRLP for development control
purposes in the determination of planning applications. Policies EN20
(Protection of open countryside), HOU4 (New dwellings in the countryside)
and GP2 (Design and Amenity Criteria) of the Rushcliffe Borough NonStatutory Replacement Local are relevant. The aim of EN20 is to strictly
control development and maintain the open character of the countryside.
HOU4 precludes new dwellings outside settlements unless they are
necessary for the purposes of agriculture or other activities appropriate to the
countryside and provided 5 criteria are met.
19.
The Rushcliffe Residential Design Guide states that building designs should
contribute to an active and attractive street environment. A positive design
approach to the local context does not mean a repetition of what went before.
Fenestration, the proportions of the building and use of related materials are
all design matters that should take their lead from the neighbouring
properties. Contemporary and innovative solutions which successfully
address all of these issues are to be encouraged.
40
20.
Policy 2: ‘The Spatial Strategy’ of the emerging Core Strategy identifies key
settlements for growth. In other settlements it states that development will be
for local needs only which will be delivered through small scale infill or
exception sites.
APPRAISAL
21.
Whilst there is some sporadic development in this area, it is considered that
the site is clearly in open countryside, around 0.25 miles from the edge of the
built up part of Barnstone. In the absence of a definition of the term ‘isolated’
in the NPPF, it is considered that it is reasonable to rely on the dictionary
definition of ‘lonely’ or ‘remote’. (This approach was adopted by an inspector
who determined an appeal for a dwelling on the edge of Willoughby on the
Wolds.) In view of existing dwellings adjacent to and in the vicinity of the site,
and the distance from Barnstone and Granby, it is considered that the site is
not in a particularly isolated location.
22.
The proposed dwelling would have a larger footprint and would be higher
than the existing building. It is considered that the proposed design,
incorporating late 20th century suburban style fenestration, would be
somewhat bland and uninteresting and would not improve the character or
quality of the area. It is also considered that, due to its scale and design, the
proposed dwelling would have an adverse effect on the open and rural
character of the surroundings.
23.
With respect to paragraph 55 of the NPPF and the guidance on rural housing
in the Planning Practice Guidance, it has to be borne in mind that, with the
exception of a village hall, Barnstone has no local services and community
facilities, and Granby only has two public houses. These two settlements are
not, therefore, particularly sustainable. Consequently, any benefit to the
vitality of the community is likely to be very limited.
24.
The proximity of a bus stop to the site is noted and occupants of the
proposed dwelling may travel by bus. There would be some economic benefit
through construction of the development and a limited social benefit by
contributing to meeting housing need, and widening the choice of available
housing. However, it is considered these benefits do not outweigh the
negative impacts of the proposed development referred to in paragraphs 19
and 20.
25.
Due to the siting and scale, it is considered that there would be no significant
overshadowing/loss of light or overbearing effect on 106 Main Road. Loss of
a view from private property over neighbouring land is not a material planning
consideration.
26.
With respect to the other nearby dwellings referred to by the applicant, the
dwelling at the Old Station Yard was approved in connection with a livery
business at the site, an application for extensions at 3 Station Cottages to
form a new dwelling was refused permission but allowed at appeal in 2013.
27.
The application was subject to pre-application discussions and the applicant
was advised that it was unlikely that an application could be supported. There
are fundamental policy objections to the proposal and, in order to ensure a
41
timely decision, the applicant has not been given the opportunity to provide
further information.
RECOMMENDATION
It is RECOMMENDED that planning permission be refused for the following
reason(s)
1.
The application site is located outside the built up part of the settlement of
Barnstone in open countryside. Due to its siting, scale and design, the
proposed development would have an adverse impact on the open character
and beauty of the countryside. The proposed development is, therefore,
contrary to the environmental role of the National Planning Policy Framework
(NPPF) which seeks to protect and enhance the natural environment, and
one of the core planning principles of the NPPF which state that planning
should recognise the intrinsic character and beauty of the countryside. The
proposed development is also contrary to policy EN20 (Protection of open
countryside) of the Rushcliffe Borough Non-Statutory Replacement Local
Plan.
2.
Barnstone and the nearby settlement of Granby have very limited local
services and community facilities. The proposed development would not,
therefore, represent the type of rural housing needed to enhance the vitality
of rural communities or support the broader sustainability of villages or that is
essential to ensure viable use of local facilities envisaged by the NPPF and
Planning Practice Guidance on rural housing.
3.
The proposed dwelling is not necessary for agricultural purposes or any other
activities appropriate to the countryside. The proposed development is,
therefore, contrary to policy HOU4 (New dwellings in the countryside) of the
Rushcliffe Borough Non-Statutory Replacement Local Plan.
4.
In the opinion of the Borough Council the design and external appearance of
the proposed dwelling, in particular the suburban style windows and lack of
architectural interest, would not improve the quality and character of the area,
and would be unsympathetic to the rural character of the surroundings. The
proposal, is therefore, contrary to the environmental role of the NPPF, one of
the core planning principles which states that planning should always seek to
ensure high quality design, and Chapter 7. ‘Requiring good design’ which
states that good design is a key aspect of sustainable development and, at
paragraph 64, that permission should be refused for development of poor
design that fails to take the opportunities available for improving the character
and quality of an area.
5.
The proposal is also contrary to policy GP2 of the Rushcliffe Borough NonStatutory Replacement Local Plan which states that planning permission will
be only granted for development where the design and materials are
sympathetic to the character and appearance of the neighbouring buildings
and the surrounding area, and the Rushcliffe Residential Design Guide which
states that building designs should contribute to an attractive street
environment, and relate to and respect the character of the context.
42
2a
a
77
92
88
74
b
Seymour
Place
1 to 10
72
66
11 to 20
67
64
69
65
76
WEST BRIDGFORD
87
87a
85
100 98
81
Church
62
97
56
JULIAN ROAD
70
115
123
78a
132
76
115
111
126
105
101
120
105
116
103
114
110
99
95
104
application site
4
Application Number 14/01888/FUL
100 Julian Road, West Bridgford
scale 1:1000
This map is reproduced from Ordnance Survey material with
the permission of Ordnance Survey on behalf of the Controller
of Her Majesty’s Stationary Office © Crown Copyright.
Unauthorised reproduction infringes Crown Copyright and
may lead to prosecution or civil proceedings.
Rushcliffe Borough Council - 100019419
14/01888/FUL
Applicant
Mr R Posner
Location
100 Julian Road West Bridgford Nottinghamshire NG2 5AN
Proposal
Exterior wall insulation to side wall
Ward
Lady Bay
THE SITE AND SURROUNDINGS
1.
The application relates to one half of a large two storey semi-detached
Victorian house constructed of red brick with a dark slate tile roof.
The
property sits in a street of dwellings of various ages and designs, but
predominately Victorian semi-detached houses.
DETAILS OF THE PROPOSAL
2.
The proposal is for the application of external insulation to the south side
elevation of the dwelling that would then be rendered and painted.
REPRESENTATIONS
Ward Member
3.
Two Ward members have declared an interest in the application.
PLANNING POLICY
Relevant National Planning Policies and Guidance
4.
Rendered external insulation only requires planning permission by virtue of its
[usual] failure to comply with condition A.3 of Part 1 Class A of the Town and
Country Planning (General Permitted Development) (Amendment) (No. 2)
(England) Order 2008 which states:"Development is permitted by Class A subject to the following conditions:(a)
the materials used in any exterior work (other than materials used in the
construction of a conservatory) shall be of a similar appearance to those
used in the construction of the exterior of the existing dwelling house"
5.
It is not considered that painted rendered insulation onto a previously red
brick dwelling would comply with this condition.
6.
Although not technically an extension or development it is considered that the
application of rendered external insulation still constitutes works to a dwelling
and would, therefore, require planning permission. The National Planning
Policy Framework carries a presumption in favour of sustainable development
43
providing that it complies with polices in the development plan that are
relevant to the assessment of this application.
Relevant Local Planning Policies and Guidance
7.
Whilst not part of the development plan the Borough Council has adopted the
Rushcliffe Non-Statutory Replacement Local Plan for the purposes of
development control and this is considered to be a material planning
consideration in the determination of the application.
8.
The relevant policy from the Rushcliffe Non-Statutory Replacement Local
Plan is Policy GP2 (Design and Amenity Criteria). This policy states that
planning permission for new development, changes of use, conversions or
extensions will be granted provided that the scale, density, height, massing,
design, layout and materials of proposals are sympathetic to the character
and appearance of neighbouring buildings and the surrounding area; that
they do not lead to an over-intensive form of development; and that they are
not overbearing in relation to neighbouring properties, and do not lead to
undue overshadowing or loss of privacy. The proposal complies with this
policy.
APPRAISAL
9.
A sample of the finished render colour has been provided, being an off-white/
cream colour which resembles features on the front elevation such as the
door arch, window lintels and mullions.
10.
Given that dwellings in the area have a variety of external finishes, some with
similar rendered exteriors, it is not considered that the application and
painting of the external render would be detrimental to the dwelling, the street
scene or the area in general.
11.
There were no perceived problems with the application and therefore no
requirement for negotiation with the applicant/agent or the need to request
any amendments.
Subsequently there was no delay in making a
recommendation to approve the application.
RECOMMENDATION
It is RECOMMENDED that planning permission be granted subject to the following
condition(s)
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 materials specified in the application shall be used for the external side
wall of the development hereby approved and no additional or alternative
materials shall be used.
44
[To ensure the appearance of the development is satisfactory and to comply
with policy GP2 (Design and Amenity Criteria) of the Rushcliffe Borough NonStatutory Replacement Local Plan].
3.
The development hereby permitted shall be carried out in accordance with
the plan(s) received on 3 September 2014.
[For the avoidance of doubt and to comply with policy GP2 (Design &
Amenity Criteria) of the Rushcliffe Borough Non Statutory Replacement Local
Plan].
45