Agenda item

1.   V/2024/0642, Ashfield District Council, Application made under Section 73 of the 1990 Town and Country Planning to make the following amendments to planning permission V/2024/0127:

 

1. Vary condition no. 9 (site access) to change the trigger for the provision of the main site access to prior to the occupation of the development and the addition of a condition for the provision of a temporary site access during the construction phase.

2. Approved footpath along the access road adjacent to the ADMC site widened to allow for a segregated footpath/cycleway. Road junction at Low Moor altered to suit.

3. Alignment of access road altered at the east side and alignment of the road within the ADMC site altered to suit.

4. Reduction in car parking spaces from 135 to 92.

5. The removal of three no. trees (reference no’s T4, T5 and T6) and a section of hedge approximately 10m in length adjacent to Lowmoor Road.

6. Vary condition no.16 (Tree protection plan) to carry out the development in accordance with the updated version of the Tree Protection Plan.

7. Vary Condition 2 (Approved Plans) for changes to the building’s elevations.

8. Vary Condition 10 (External Materials) to change the colour of the metal cladding to green. 9. Remove Pumping Station, Land Off Lowmoor Road, Kirkby in Ashfield.

 

Late Item

In accordance with the Council’s Policy for dealing with late matters in relation

to planning applications, (Minute No. D4.17, 1993/94 refers), officers

proceeded to give a verbal report as to additional comments received in

relation to the application as follows:-

 

Consultation comments had been received from the Local Lead Flood Authority who confirmed that they had no objections to the proposal, and that any surface water management conditions would still require discharging.

 

Comments had also been received from the Council’s Tree Officer, who confirmed that they had no objections to the additional tree removal, as the trees in question were in a poor state of health.

 

An amendment was also proposed to Condition 1, to ensure that the planning permission was aligned with the decision date from the original application. The application, if granted, would need to commence by 31 July 2027.

 

It was moved and seconded that conditional consent be granted as per the

officer’s recommendation contained in the report.

 

 

2.   V/2022/0109, Miss M Whitehead, Residential Development of 61 Dwellings and Ancillary Works, Former Quantum Clothing Group Ltd, North Street, Huthwaite

 

Matilda Whitehead, on behalf of the Applicant, took the opportunity to address

the Committee in respect of this matter. As per the agreed process, Members

were then offered the opportunity to clarify any points raised during the

submission as required.

 

It was moved and seconded that conditional consent be granted as per the

officer’s recommendation contained in the report.

 

 

3.   V/2024/0489, GMJ Ventures Ltd, Application For Outline Planning Permission with Some Matters Reserved For Up To 90 Dwellings And Access, Radfords Farm, Dawgates Lane, Sutton in Ashfield

 

Late Item

In accordance with the Council’s Policy for dealing with late matters in relation

to planning applications, (Minute No. D4.17, 1993/94 refers), officers

proceeded to give a verbal report as to additional comments received in

relation to the application as follows:-

 

Three further comments from local residents (one via the Member of Parliament) had been received objecting to the proposal and raising concerns.

 

The comments did not add any new material planning considerations beyond those already raised and summarised within the original report and previously considered by Members.  Members were however urged to reconsider their decision.

 

The drafted conditions and Heads of Terms for the legal agreement had been accepted by the applicant providing there was a cascade to pay a commuted sum if a registered provider was not identified.

 

(At this point in the proceedings Councillor Helen-Ann Smith advised Committee that she had voted against the application when it was considered at the last meeting, and she wished for it to be noted in the minutes that she would be voting against the application again and not changing her position.)

 

It was moved and seconded that conditional consent be granted.

 

 

4.   V/2025/0029, Ashfield District Council, Mural Painting on Facade and Wall, 55 High Pavement, Sutton in Ashfield

 

Late Item

In accordance with the Council’s Policy for dealing with late matters in relation

to planning applications, (Minute No. D4.17, 1993/94 refers), officers

proceeded to give a verbal report as to additional comments received in

relation to the application as follows:-

 

A late item had been received from the applicant.  A minor amendment was proposed to the advertisement drawings. On the theatre building mural, the background on the Sutton Community Academy logo had been changed from purple to white.

 

It was moved and seconded that conditional consent be granted as per the

officer’s recommendation contained in the report subject to an additional informative as follows:

 

Informative

The advertisements granted consent, in particular the boundary wall advertisement, should have an anti-graffiti coating or similar in order to prevent vandalism.

 

 

5.   V/2024/0329, Mr T Sandhu, Construction Of 9No Dwellings and Associated Access and Retaining Walls to Rear Gardens, Land adjacent 229 Alfreton Road, Jubilee, Selston

 

(In accordance with the Council’s Constitution and the Members’ Code of Conduct, Councillor Arnie Hankin had previously declared an interest in respect of this matter. His interest was such that he left the room and took no part in the discussion or voting thereon.)

 

Simon Prescott, on behalf of the Applicant and Councillor Julie Gregory who called in the application, took the opportunity to address the Committee in respect of this matter. As per the agreed process, Members were then offered the opportunity to clarify any points raised during the submissions as required.

 

It was moved by Councillor John Smallridge and seconded by Councillor

Helen-Ann Smith that the officer’s recommendation contained within the report be rejected and conditional outline planning consent be granted as follows:

 

Conditions

1.  The development hereby permitted shall commence before the expiration of 3 years from the date of this permission.

 

2.  The development authorised by this permission shall be carried out in complete accordance with the approved drawings and specification listed below:

009.001.A      Proposed site layout, block plan and location plan

009.002          Proposed layouts and elevations plots 1,8 & 9

009.003          Proposed layouts and elevations plots 2, 3, 4, 5, 6 and 7

 

 

 

                       

3.  Prior to any works commencing on site, including shrub, tree and ground clearance works, details of all finished floor levels of the properties, ground levels of the land as existing and proposed (topographical survey), and cross-sections and elevations of proposed retaining walls around the site shall be submitted to and approved in writing by the local planning authority. The development shall then be carried out in accordance with the approved details.

 

4.  Prior to any construction above foundations level, a scheme of biodiversity enhancement shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include, as a minimum, the incorporation of integrated (inbuilt) features within the new buildings for roosting bats and nesting swifts and the provision of hedgehog gaps in garden boundary fences. The number of integrated nest boxes shall be in line with current guidance as set out in British Standard (BS 42021:2021 Integral nest boxes – Selection and installation for new development. The enhancement scheme shall be implemented in accordance with the agreed details as construction proceeds and completed prior to the first occupation of the development.

           

5.  No development shall take place (including ground works and vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.

 

The CEMP (Biodiversity) shall include the following.

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of “biodiversity protection zones”

c)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (to include consideration of lighting) (may be provided as a set of method statements).

d)    The location and timing of sensitive works to avoid harm to biodiversity features.

e)    The times during construction when specialist ecologists need to be present on site to oversee works.

f)     Responsible persons and lines of communication.

g)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)    Use of protective fences, exclusion barriers and warning signs

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

6.  Prior to the commencement of the development hereby approved, a Construction Management Plan (CMP) shall be submitted to and approved by the Local Planning Authority. The CMP shall provide details of, but not limited to, the following:

 

a)    Details of noise, dust and vibration suppression;

b)    Details of any compound and welfare areas to include their location and appearance, heights of any cabins to be sited, and details of any associated external lighting;

c)    Details of on-site materials storage areas;

d)    Details of on-site construction parking and manoeuvring area, including loading and unloading of plant and materials;

e)    Details of any crusher to be used on site;

f)     Details of any piling which is required;

g)    Details of reasonable avoidance measures (RAMs) in respect of protected species;

h)    The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

i)     Details of wheel washing facilities during construction;

j)     A scheme for recycling/disposing of waste resulting from demolition and construction works;

k)    Details of the routing of deliveries and construction vehicles to site and any temporary access points;

l)     Details of any hoarding to be erected.

m)  Proposed hours and days of working;

n)    The parking of vehicles of site personnel, operatives and visitors;

o)    site contact details in case of complaints.

 

The development shall be carried out in accordance with the approved details for its entire construction phase.

 

7.  Before occupation of the development hereby approved details of the external lighting scheme shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall have regard to the Guidance Notes for the Reduction of Obtrusive Light GN01:2011 produced by the Institution of Lighting Professionals. The approved lighting scheme shall be implemented in full before the lighting is first used and shall be retained thereafter.

 

8.  Occupation of the proposed dwellings shall not take place until their respective driveway has been surfaced in a bound material (not loose gravel) for a minimum distance of 5.0 metres behind the highway boundary, and which shall be constructed with provision to prevent the discharge of surface water from the driveway to the public highway. The bound material and the provision to prevent the discharge of surface water to the public highway shall be retained for the lifetime of the development.

 

9.  No building shall be erected above ground level until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

           

10.  Notwithstanding the details contained within approved plans the development hereby permitted must not be occupied or first brought into use until a Landscaping Scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

 

a.    details of all hard and soft landscaping features to be used and include the following:

b.    Detailed plans showing the location of all new trees and shrubs to be planted, including the number and/or spacing of shrubs in each shrub bed or hedgerow.

c.    A schedule of the new trees and shrubs (using their botanical/ latin names) to be planted including their size at planting (height or spread for shrubs, height or trunk girth for trees);

d.    Plans showing the proposed finished land levels/contours of landscaped areas;

e.    Details of all proposed hard surfaces areas, retaining structures, steps, means of enclosure, surface finishes and any other hard landscaping features;

f.     Details of the protection measures to be used of any existing landscape features such as trees and hedgerows to be retained.

g.    Details of boundary treatments.

 

The approved Landscaping Scheme shall be carried out and completed in accordance with the approved details no later than during the first planting season (October - March) following either the substantial completion of the development hereby permitted or it being first brought into use, whichever is sooner.

 

If, within a period of 5 years of from the date of planting, any tree or shrub planted as part of the approved Landscaping Scheme is removed, uprooted, destroyed, dies or become diseased or damaged then another tree or shrub of the same species and size as that originally planted must be planted in the same place during the next planting season following its removal. Once provided all hard landscaping works shall thereafter be permanently retained throughout the lifetime of the development.

 

11.  The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. 

           

Reasons for rejecting officers’ recommendation:

Member considered the proposal amounted to development of Grey Belt land within the Green Belt because it does not strongly contribute to any of the purposes (a), (b) or (d) specified in paragraph 143 of the NPPF it would therefore not constitute inappropriate development and would not undermine the purposes of the Green Belt. It was also considered to be a sustainable development close to recreation facilities and bus routes and would not have a severe impact on highway safety. It was therefore considered not to be contrary to development plan policies ST1 (b-a), EV1 – b4, HG5 (a-h), and EV2 – g, or the guidance in the NPPF and there were no material considerations which would warrant planning permission being refused taking into account the Housing need in the district. It was further considered that the Golden Rules does not apply to the proposal because it is not a major development.

 

For the motion:

Councillors Samantha Deakin, Sarah Madigan, Andy Meakin, John Smallridge and Helen-Ann Smith.

 

Against the motion:

None.

 

Abstention:

None.