DAM 12Th November, 2010 Dear Sir/Madam, a Meeting of the PLANNING APPLICATIONS COMMITTEE Will Be Held at the Civic Hall, Bedwo

CHRISTINE KERR MSc MCIPD CHIEF EXECUTIVE

Town Hall, Nuneaton, Warwickshire, CV11 5AA

Our Ref: DAM Telephone: (024) 7637 6376 Direct Dialling: (024) 7637 6165 Your Ref: Fax No. (024) 7637 6596 Typetalk Registered Date: 12th November, 2010 DX Nuneaton 16458 e-mail: [email protected] If calling please ask for: Doreen McQuade

Dear Sir/Madam,

A meeting of the PLANNING APPLICATIONS COMMITTEE will be held at The Civic Hall, Bedworth on Monday, 22nd November, 2010 at 5.00 p.m. (In the event of the meeting being adjourned the Committee will re-convene on Thursday, 25th November, 2010 at 6.00 p.m.)

Site visits will take place prior to the meeting as detailed overleaf.

Public Consultation on planning applications will commence at 5.00 p.m. (see agenda item no. 5 for clarification).

Yours faithfully,

CHRISTINE KERR

Chief Executive

To: All Members of the Planning (Councillors R.G. Copland, M.R Findley, Applications Committee W.J. Hancox, J.S. Ison, A.A. Lloyd, I.K. Lloyd, D. O’Brien, N.J.P. Phillips, G. Smith, C. Stringer, W.H. Sheppard, J. Waine and K.D. Wilson)

Planning Applications Committee 22.11.10 1

A G E N D A

PUBLIC BUSINESS

Site Visit Information

Members are reminded that site visits will take place in connection with application numbers 030413/GC and 030343/WH. Members are asked to meet at Burnaby Close, Nuneaton at 3.00 p.m. and 134 Bulkington Lane, Nuneaton at 3.30 p.m.

Members not having their own transport are asked to meet at the Town Hall by not later than 2.45 p.m. If members require a lift from Bedworth Civic Hall they are asked to phone 7637 6325 at least 24 hours before to arrange for an officer to pick them up at 2.15 p.m.

CODE OF CONDUCT- COMMITTEE SITE VISITS

The purpose of a visit to an application site is to clarify and gather information on planning issues relating to the site. It is not to provide a forum for debate and discussion on the merits of the application. Therefore, Committee Site Visits will be conducted subject to the following criteria:- (a) A site visit is for the purpose of viewing the site and ascertaining facts. They will take place only if authorised by the Committee where the Committee considers it is unable to determine an application on the basis of the Officers’ report to the Committee alone.

(b) Authorised attendance at a site visit shall be limited to members of the Planning Applications Committee and appropriate Officers.

(c) There shall be no discussion of the merits of any application during the site visit. Such discussion will only take place at a meeting of the Committee.

(d) Applicants or their representative shall not be permitted to make representations to members of the Committee during a site visit. They may, however, give any purely factual information which is requested by members through the representative of the Development Control Department and which cannot be ascertained by viewing alone.

(e) At the start of the site visit the Chairman of the Planning Applications Committee or the representative of the Development Control Department will explain and make clear to all those attending the Code’s requirements for the conduct of site visits.

1. EVACUATION PROCEDURE

A fire drill is not expected, so if the alarm sounds please evacuate the building quickly and calmly. Please use the stairs and do not use the lifts. Once out of the

Planning Applications Committee 22.11.10 2 building, please gather outside the Yorkshire Bank on the opposite side of the road.

Exit by the door by which you entered the room or by the fire exits which are clearly indicated by the standard green fire exit signs.

If you need any assistance in evacuating the building, please make yourself known to a member of staff.

Please also make sure all your mobile phones are turned off or set to silent

2. APOLOGIES - to receive apologies for absence from the meeting.

3. MINUTES - To confirm the minutes of the meeting held on 20th October, 2010 attached. (Page 4).

4. DECLARATIONS OF INTEREST - To receive declarations of personal/prejudicial interests in accordance with the Members' Code of Conduct.

Note: Following the adoption of the new Code of Conduct, members are reminded that they should declare the existence and nature of their personal interests at the commencement of the relevant item (or as soon as the interest becomes apparent). If that interest is a prejudicial interest the member must withdraw from the room unless dispensation has been given by the Standards Committee.

5. APPLICATIONS FOR PLANNING PERMISSION ON WHICH THE PUBLIC HAVE INDICATED A DESIRE TO SPEAK. EACH SPEAKER WILL BE ALLOWED 3 MINUTES ONLY TO MAKE THEIR POINTS - Head of Development Control’s report attached. (Schedule Page 8)

6. APPLICATIONS FOR PLANNING PERMISSION ON WHICH NO MEMBER OF THE PUBLIC HAS INDICATED A DESIRE TO SPEAK - Head of Development Control’s report attached. (Schedule Page 8)

7. ANY OTHER ITEMS which in the opinion of the Chair of the meeting should be considered as a matter of urgency because of special circumstances (which must be specified).

Planning Applications Committee 22.11.10 3 - 149 -

NUNEATON AND BEDWORTH BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE 20th October, 2010

A meeting of the Planning Applications Committee was held at the Town Hall, Nuneaton, on Wednesday, 20th October, 2010.

Present

Councillor W. J. Hancox - Chair

Councillors R. G. Copland, A.A. Lloyd, D. O’Brien, C. Stringer, W.H. Sheppard, J. Waine and K.D. Wilson.

Apologies for absence were received from Councillors I.K. Lloyd, N.J.P. Phillips and G. Smith,

227 Minutes

The minutes of the meeting held on 15th September, 2010, were confirmed by the Chair.

228 Declarations of Interest

The following members declared interests in respect of the applications indicated (the reasons for the declaration of interests are recorded in the relevant minute or in the schedule).

Councillor R.G. Copland : 030374/BU

Councillor A. A. Lloyd : any item by reason of being on the Board of the Credit Union

Councillor D. O'Brien : 030261/BU

Councillor K. D. Wilson : 030343/WH

Planning Applications Committee 22.11.10 4 - 150 -

IN PUBLIC SESSION

229 Planning Applications

(Note: Names of the members of the public who spoke are recorded in the Schedule.)

RESOLVED that decisions be made on applications for planning permission as shown in the attached schedule, for the reasons and with the conditions set out in the report and addendum unless stated otherwise.

230 Changes to the Use Classes Order and amendments to the planning rules for houses in multiple occupation

The Head of Development Control submitted a report to inform Members of the changes to the Use Classes Order and amendments to the planning rules for houses in multiple occupation.

RESOLVED that the report be noted.

Chair

Planning Applications Committee 22.11.10 5 - 151 -

SCHEDULE OF APPLICATIONS FOR PLANNING PERMISSION AND RELATED MATTERS REFERRED TO IN MINUTE 229 OF THE PLANNING APPLICATIONS COMMITTEE ON 20th OCTOBER, 2010

030281/PO: Navigation Inn, Bulkington Road, Bedworth Erection of 7 Houses (Pub to be Demolished) Applicant: Mr. Peter Gullis

Speaker: James Matcham, JSA Planning

DECISION: The Head of Development Control be given delegated authority to grant planning permission with conditions, subject to the completion of a Section 106 Agreement relating to a contribution towards the provision and maintenance of open space and play facilities in the area.

030356/BU: Bramcote Mains, off Wolvey Road, Bulkington Installation of wind turbine (15m to hub, overall height 20m) Applicant: R M Eglin & Son Ltd

Speaker: Alan Neale, Pico Consultants

DECISION: Approved

N.B. The Chair to request the Portfolio Holder for Planning and Public Protection to consider formulating a policy to be applied to further applications for wind turbines.

N.B. Members requested that the consultee list and responses are consistent throughout the Agenda in future.

030261/BU: Hollyhurst Farm, Coventry Road, Bulkington Change to use of land to allow the preparation and flying of model aircraft and parking of associated vehicles Applicant: Mr. M Carter

Speakers: B. Scholfield and D. Haywood of Bedworth Aeromodellers

DECISION: Approved

N.B. Councillor D. O'Brien declared a personal interest in this application by reason of him knowing the applicant and an objector.

Planning Applications Committee 22.11.10 6 - 152 - ______

030343/WH: 134 Bulkington Lane, Nuneaton Retention of already built, two storey extension to rear, dormer roof/windows to rear and new window to side (in connection with loft conversion), new first floor window to side. Applicant: Mr. R Fowdrey

Speakers: Mr L Eaton Mr Fowdrey

DECISION: Deferred for a site visit to assess the impact of the proposed retention of the development on the character of the area and surrounding properties and to clarify details.

N.B. Councillor K. D. Wilson declared a personal interest in this application by reason of him being visited at his surgery by an objector, (although he did not indicate his voting intentions) and by reason of the application being included on the Agenda at his request.

030374/BU: 53 Long Street, Bulkington Single Storey Extension to Side Applicant: Mr Harold Carvell

Speaker: Mr. D. Carvell V. Chamberlaine, Occupational Therapist

DECISION: Approved

N.B. Councillor R. G. Copland declared a personal interest in this application by reason of him knowing the occupant of the property.

030413/GC: Former sub station site, Burnaby Close, Nuneaton Erection of 7 Houses Applicant: Orbit Group Ltd

Present: George Obeng-Manu, Orbit Housing Tom Russell, Russell Hobbis Architects

DECISION: Deferred for a site visit to assess the impact of the proposed development on the street scene and surrounding properties and to further examine the types of properties proposed.

Planning Applications Committee 22.11.10 7 Planning Applications Committee 22nd November 2010

Applications for Planning Permission etc. Agenda Item Index

Item Page No. No.

Site Visits

1 030413/GC Former sub station site, Burnaby Close, Nuneaton 9 2 030343/WH 134 Bulkington Lane, Nuneaton 13

Planning Applications

3 030488/BE Tesco, Leicester Street, Bedworth 15 4 030487/BE The White Swan, All Saints Square, Bedworth 22 5 030397/PO Land off Ironbridge Way, Exhall 23 6 030498/BU The Poppies, Coventry Road, Bulkington 28 7 030456/BU Boundary Paddock, Withybrook Road, Bulkington 30 8 030502/WB Khalifa Muslim Society, 121 Edward Street, Nuneaton 34 9 030350/WE 267 Weddington Road, Nuneaton 36

Planning Applications Committee 22.11.10 8 SITE VISIT

Members will recall deferring the following for a site visit

1. 030413/GC: Former sub station site, Burnaby Close, Nuneaton Erection of 7 houses Applicant: Orbit Group Ltd

Reason for site visit: To assess the impact on the character of the area.

Neighbours notified: 2-36(even), 1-33(odd) Burnaby Close; 1-13(odd) Frensham Drive; 1-15(odd) Waltham Crescent; 479 & Monument Bungalow, Bucks Hill.

Consultees: Severn Trent Water; County Highways; Coal Authority; Environment Agency; Environmental Health; E.on, Environmental Housing; Natural Environment; Warwickshire Wildlife Trust.

Neighbour Representations: 24 (4 letters), 26, 27, 31, 32, 34 Burnaby Close; 5,7 Waltham Crescent raising the following points: 1) Impact on safety and security from extra traffic and potential pedestrian link through to Whittleford Road. Will impact on children playing outside (24, 26, 34). 2) Would no longer be part of cul-de-sac due to amount of noise from new housing and traffic (24). 3) Don’t want road to become a thoroughfare (24). 4) Would no longer be able to play outside house or in street due to construction traffic and vehicles of residents who would live here as would pose a safety risk (24). 5) Dirt, dust, noise, congestion and general pollution during construction phase (5, 24, 26, 27, 34). 6) Road would no longer be safe, quiet, nice and private place to live (24, 32). 7) Concerned that trees, bushes and hedges would all be destroyed to the detriment of animal and bird habitats (5, 24, 26, 34). 8) Buildings not in keeping with the structure and design of homes in cul-de-sac which are semi or detached privately owned properties (24, 34). 9) Buildings protrude in front of build line of existing homes, 30 to 36 (7, 24). 10) Housing association social rental homes will not fit well with privately owned homes and will not be maintained the same as private homes (5, 7, 24, 26). 11) Impact on highway safety (5, 24, 26, 34). 12) Impact on traffic flows and parking in area (5, 24, 26, 27, 31, 32, 34) 13) Should be accessed off Bucks Hill rather than cul-de-sac (24, 26, 34). 14) Concerned with security as rear of property will become vulnerable. Want more secure and suitable boundary fence to rear boundary (5, 27). Continued . . .

Planning Applications Committee 22.11.10 9

030413 continued . . . 15) Would like assurance properties will be occupied quickly (27). 16) Already too many houses built in this area, particularly rental properties (26). 17) Proximity of future residents to a sub-station (5, 26). 18) Contaminated land (5, 26, 34). 19) Devaluation of property (5, 24, 26, 34). 20) Extra sewage in drainage (34). 21) House will be directly overlooked and light into garden will be affected (7). 22) Boundary of property along chain link fence, not the timber fence (7). 23) Back alley adjacent to property could be used for anti-social activities (7). 24) Query who will be responsible for maintenance of alley (7).

Petition of objection with 47 signatures from 29 properties to the proposal for the erection of 7 houses on this site and the opening up of Burnaby Close to access this development.

Consultee responses: - Highways No objection subject to conditions covering details of drainage, construction, levels and lighting of the extension of Burnaby Close, details of access, car parking and manoeuvring areas, visibility splays to be provided, construction turning area and measures to prevent spread of extraneous material during construction.

- Environmental Protection No objection subject to contaminated land conditions.

- STW No objection subject to condition covering the disposal of surface water and foul sewage.

- Warwickshire Wildlife Trust No objection subject to a condition to secure the implementation of the recommendations of the Code for Sustainable Homes Ecological Assessment.

- Environment Agency - No comment.

- E.on - No response.

- Environmental Housing - No response.

- Natural Environment Team - No response.

Previous History: TP/0572/03: Residential development (outline). Refused 17/03/2004. 9371: Residential development (outline). Approved by committee 24/01/2006.

Continued . . .

Planning Applications Committee 22.11.10 10

030413 continued . . .

Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006: H6 - Planning Obligations; ENV14 Supplementary Planning Guidance/Supplementary Planning Documents - Residential Design Guide 2004 and the Car Parking Standards SPG 2003; and T10 - Car Parking Standards. PPS1 – Delivering Sustainable Development, PPS3 - Housing, PPS9 - Biodiversity and Geological Conservation, PPS23 - Planning and Pollution Control and PPG13 - Transport.

RECOMMENDATION: On completion of a Section 106 agreement relating to a contribution towards the provision and maintenance of open space and play facilities in the area, the Head of Development Control be given delegated authority to grant planning permission.

Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

Conditions: 2. The development shall not be carried out other than in accordance with the approved plans contained in the following schedule: Plan Description Plan No. Date Received Site Layout 1745/010/02 04/10/2010 Houses Layout 1745/050/00 20/08/2010 3. No development shall commence until full details and samples of materials proposed to be used in the external parts of any building have been submitted to and approved in writing by the Council. The development shall not be carried out other than in accordance with the approved details. 4. No development shall commence until a landscaping scheme has been submitted to and approved in writing by the Council and the said scheme shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner: Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 5. Notwithstanding the submitted plan, no development shall commence until full details of the boundary treatments, including new walls and fences, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the boundary treatment to that plot has been carried out in accordance with the approved details. 6. No development shall commence until full details of the drainage to the site, including all surface water and foul sewers and drainage to all hardstandings, have been submitted to and approved in writing by the Council. No construction work creating surface water run off shall be carried out and no dwelling shall be occupied until the required drainage has been provided in accordance with the approved details.

Continued . . .

Planning Applications Committee 22.11.10 11

030413 continued . . .

7. The development hereby approved shall not commence until a contaminated land assessment and associated remedial strategy, has been submitted to, and agreed in writing by the Local Planning Authority. The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the Local Planning Authority before the additional remediation works are carried out. The agreed strategy shall be implemented in full prior to completion of the development hereby approved. On completion of the agreed remediation works, a closure report and certificate of compliance, endorsed by the interested party/parties shall be submitted to and agreed in writing by the Local Planning Authority. 8. No development shall commence until full details of the construction, drainage, levels and lighting of the extension of Burnaby Close (D1324) have been submitted to and approved in writing by the Council. No building shall be occupied until these areas have been laid out and are available in accordance with the approved details. 9. No development shall commence until full details of the provision of the access, car parking and manoeuvring areas, including surfacing, drainage and levels have been submitted to and approved in writing by the Council. No building shall be occupied until the areas have been laid out in accordance with the approved details. Such areas shall be permanently retained for the purpose of parking and manoeuvring of vehicles, as the case may be. The vehicular access to the site shall not be constructed in such a manner as to reduce the effective capacity of any highway drain or permit surface water to run off the site onto the public highway. 10. The development shall not be occupied until visibility splays have been provided to the vehicular accesses to the site, passing through the limits of the site fronting the public highway, with ‘x’ distances of 2.4 metres and ‘y’ distances of 25.0 metres to the near edge of the carriageway. No structure, tree or shrub shall be erected, planted or retained within the splays exceeding, or likely to exceed at maturity, a height of 0.6 metres above the level of the public highway carriageway. 11. The development shall not be commenced until a turning area has been provided within the site so as to enable general site traffic and construction vehicles to leave and re- enter the public highway in a forward gear. 12. The development hereby permitted shall not commence or continue unless measures are in place to prevent/minimise the spread of extraneous material onto the public highway by the wheels of vehicles using the site and to clean the public highway of such material. 13. The development hereby permitted shall not be occupied until the applicant has provided sustainability packs for each household. 14. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas and shared parking areas, shall be submitted to and approved in writing by the Council prior to the occupation of the development. The landscape management plan shall be carried out as approved. 15. The development shall not be carried out other than in accordance with the recommendations set out in 5.2.1 and 5.2.2 of the Code for Sustainable Homes Ecological Assessment submitted on 23/08/10

Planning Applications Committee 22.11.10 12

2. 030343/WH: 134 Bulkington Lane, Nuneaton Retention of already built, two storey extension to rear and dormer roof/windows to rear (in connection with loft conversion) Applicant: Mr R Fowdrey

Reason for site visit: To assess the impact on surrounding properties.

Neighbours notified: 130,132 & 136 Bulkington Lane, 63 & 65 Hoarestone Avenue.

Consultees: Severn Trent Water

Neighbour representations: 63 Hoarestone Ave & 130 Bulkington Lane, raising the following points: 1) Needs confirmation that the new dormer window is at least 30 metres from the windows of this property and first and second floor windows are at least 7 metres from the boundary of the property (63). 2) The dormer has an unobstructed view into their rear bedroom (63). 3) The extensions are not in keeping with the surrounding properties and completely changed the character of these semis (130). 4) Gives views into neighbours kitchen dining room and garden (130). 5) Concerned that integrity of cottage will be weakened by amount of walls removed and steelwork added (130). 6) Concerns that the property will become two rented flats and therefore drainage could be insufficient (130). 7) Has been a disregard of neighbours concerns due to the retrospective nature of the application (130).

Consultee Responses: Severn Trent Water - letter of no objection but request the following condition: Subject to a condition covering drainage details.

NBBC Building Control Work has been inspected, calculations for drainage and construction are satisfactory. Background: This application is being reported to Committee following a request from Councillor Kristofer Wilson.

Previous History: 780502 First floor extension to form bedroom and WC. Approved 9/08/78. 012319 Two storey extension and new-pitched roof to the rear, dormer roof and windows in connection with a loft conversion. Approved 7/5/08.

Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 - ENV14 Supplementary Planning Guidance/Supplementary Planning Documents – Residential Design Guide 2004.

RECOMMENDATION: Approval

030343 continued…

Planning Applications Committee 22.11.10 13 030343 continued

Reason for recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation response(s) received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

Conditions: 1. The development shall not be carried out other than in accordance with the plans received by the Council on the 6th August 2010 and the subsequent amended plans received on the 11th October 2010 and in conjunction with the e mail received 24th August 2010 in reference to the use of Redland Gemini tiles and rendered masonry. 2. Drainage details for the disposal of surface water and foul sewage must be submitted to the Council within one month of the approval date. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. This is to ensure the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

Planning Applications Committee 22.11.10 14 Planning Applications

3. 030488/BE: Tesco, Leicester Street, Bedworth Demolition of existing buildings (including Tesco store and car park) and erection of new retail supermarket (including cafe), additional retail units (A1/A3), car parking, petrol filling station with new public realm, pedestrian and vehicular access and landscaping. Applicant: Tesco Stores Ltd

Neighbours Notified: 1a, 1-24 Linden Lea; 18-28 (even), Mount Pleasant Public House, Ingleby, Mount Pleasant House, Palace Bingo, The Bungalow, Colinton House, Leicester Road; The Loft (60), 62, Home Comforts (8), Sillum Kune (2), 10-22 (even), George Street Ringway; ARC Carwash, Harry Shaw (29-31), Edna French Florist (1), JB News & off Licence (3), The Hair Station (5), The Credit Union (7), Shopmobility (9), Subway (11), Domestic & General (13-19), Blockbuster (23-25) 3a-11a (odd), 8-18 (even) Old Meeting Yard, Old Meeting Church, Old Meeting Yard, Betfred, Spencers Interiors, Salvation Army, Bede Arcade, Leicester Street; 2-10 (even), 8-16 (even), Wyatts Court; Chamberlaine Court, Chapel Street; The Nurses House, Flats 1-4 (inc) The Parsonage, The Warden, The Almshouses, Thomson Holiday Shop (28), British Heart Foundation (30), Greggs (32), All Saints Square; Flats 1-7 Mill Court, Sleaths Yard; The Pets Shop (1), Harry & Rose’s (2), Iceland, S J Sayer (9), MM’s (9a-11), Aucott Butchers (13), Snappy Tomato Pizza (15), Golddust Jewellers (17), Whitehorse Public House (19), Bedworth Domestic Appliances (43-45), Papas Pizza (47), Starkey’s Butchers (51), Tweezers (57), Shoe Box (59), 61,63, Aldi, Home Bargains, Bedworth Methodist Church, First Floor Flat 57, Mill Street; Swinton (1), 1a, 3-7 (odd), Odyssey (9), Drinks Express (11), 13- 21 (odd), Jase’s Gents Hairdressers (23), 12-22 (even), 6-15 (inc) Newtown Buildings, The Cake Shop (2 Newtown Buildings), John Russell Insurance (5 Newtown Buildings), Rathbone (3 & 4 Newtown Buildings, Newtown Road; 80-92 (even) 77, 79 Margaret Avenue; 2,4 Frances Crescent; 2-22 (even) Hurst Road; Bedworth Market Traders; The Bedworth Society; Nuneaton & District Friends of the Earth; 9a Leicester Street, Bulkington.

Consultees: Parks & Amenities, The Coal Authority, NBBC Local Plans, NBBC Parking Manager, WCC Structure Plan, Severn Trent Water, WCC Countryside & Recreation, NBBC Environmental Health, Warwickshire Police, The Ramblers Association, WCC Property Services, NBBC Town Centre Manager, NBBC Licencing & Land Charges.

Neighbour representations: 13, 15, 16, 22 Linden Lea, 92 Margaret Avenue, 14 Nuneaton Road, covering the following points: 1. The building will be taller and stretch the whole length of George Street Ringway. (22, 24, 14) 2. Cars will parked 24 hours a day in our line of vision with all the noise and pollution that goes with it. (16, 22) 030488 continued…

Planning Applications Committee 22.11.10 15 030488 continued 3. Access problems into and out of Linden Lea due to new road layout. (13, 15, 16) 4. People will park in Linden Lea. Entrance to Linden Lea will become a bottle neck. (13) 5. Increased light pollution. (13) 6. Disruption for 12 months when work is carried out. 7. Why is the land behind Linden Lea not being included in this application? (13) 8. There is a miss match of new and old buildings which will be an eyesore. (13) 9. The two-way system will change the dynamics of the town centre as a whole. (24) 10. Not opposed to the redevelopment of sites such as Tesco but it should be in everyone’s interests, including residents (24) 11. Building is too big. We need more diversity in the town. (92) 12. George Street Ringway is already difficult to cross. Two-way traffic will make it worse. (15, 92) 13. Proposed road system will create total gridlock. (14) 14. Greed by Tesco will affect local traders. (14) 15. Where will the buses taking people to the Ricoh pick up? (14) 16. People may not come back to Bedworth once the new store is built. (14). 17. The eventual development of the old school site will add to the noise and pollution. (15) 18. Conscious of the effect of the masts that are on the existing building. Trust you will limit these. (15)

21 Linden Lea (2 letters) 1. Proposals will have a great effect on the residents of Linden Lea. 2. Local retailers will suffer. They can not compete with Tesco. 3. The size of the proposed store is mores suited to an out-of-town park. 4. People will not stay to shop in the town centre. 5. 24 hours opening has previously been trialled with no success. 6. Proposed changes to George Street Ringway will lead to increased traffic and problems turning into this road. 7. Access in and out of Linden Lea will be a problem. 8. Increased noise and air pollution. 9. Disruption for residents when building work takes place.

Harry & Roses Bakery, Mill Street 1. Concerned about access to our premises for loading/unloading, deliveries, parking and refuse collection. Family live on site. 2. Access for emergency vehicles is a concern.

Spencer Interiors, 4 Leicester Street 1. Will lose existing footfall passing the entrance to my premises. It will become a back street with no passing trade. 2. The temporary closure of the large public car park would have a major impact on trade in the town. A temporary car park could be built on the old school site.

030488 continued…

Planning Applications Committee 22.11.10 16 030488 continued 3. With my concerns resolved, this is an excellent plan for Bedworth, creating footfall from one end of the town to the other.

24 Leicester Road, 8, 10, 12 & 14 Old Meeting Yard 1. Building process would seriously affect the structure of our homes. 2. Increased dust levels during demolition and construction. Concerned about more harmful substances such as asbestos. 3. Increase in traffic especially at the George Street Ringway/Leicester Street junction. 4. Staff canteen would overlook properties. 5. Loss of light.

Taylors Properties (owners of The Bede Arcade and 1-7 Mill Court) 1. Impact on access for servicing vehicles and occupiers of flats. 2. Sleaths Yard is used for refuse collection. 3. Loss of trade. 4. Loss of parking until completion of the store.

Homecomforts, George Street Ringway 1. Double parking on George Street Ringway is a problem. Increased traffic will make this worse. 2. Access to my business will be affected. 3. Increased noise.

Nuneaton Friends of the Earth And West Midlands Friends Of the Earth 1. Do not oppose the principle of rebuilding the Tesco store but the size is excessive. 2. Concerned a mezzanine floor will be added in the future. 3. Height is too dominating. 4. Will create significantly more traffic and access problems. 5. Difficult for public transport and cyclists to travel north on Leicester Street. 6. Impact on pedestrian safety. 7. At least 20% of the energy requirement should be generated on site including renewables. 8. Tesco should operate from one of the vacant shops in the town while the main store is closed to maintain the vitality of the town centre.

Nuneaton Cycling Club 1. No provision for cyclists has been made.

Letter of comment The Bedworth Society 1. The development scores highly in what it will bring to Bedworth and the impact on the conservation area. 9. Support the major emphasis of the scheme to bring the main entrance to Sleaths Yard. 10. Particularly pleased with proposals to Mill Street. 11. The component of public art has exciting possibilities. 12. The scheme is polite and respectful and draws on the local vernacular of brick. 13. The scheme is very good but can still be bettered. 030488 continued…

Planning Applications Committee 22.11.10 17 030488 continued 14. Accept the proposal to demolish the White Swan but have doubts about the proposed café. 15. The lighting along Sleaths Yard should be more elegantly designed. 16. Taxi rank should be incorporated.

Consultee responses: Highways- No objections in principle to the proposed alterations to the road system subject to safety audits and modelling work being carried out.

Severn Trent Water- No objections subject to drainage condition.

Environmental Health- No objection in terms of contaminated land subject to site investigation conditions. Conditions also required to mitigate against noise and lighting.

Licensing and Land Charges- The proposals do not make provision for replacement of taxi rank that is to be lost.

Coal Authority – No objection.

Warwickshire County Council Footpaths- A Footpath Diversion Order will be required if consent is granted.

Ramlers Association- Not likely to object to the official Footpath Diversion Order as the alternative route will retain the usefulness of the footpath.

Previous History: There is no previous history relevant to this application. The most recent applications have included signage, an external ATM pod and fencing around the service yard compound.

Relevant Policies Nuneaton & Bedworth Borough Local Plan June 2006 - S1 Town Centres, S3 Environmental Improvements, S8 A3, A4 & A5 uses in Town and District Centre, Env30 Public Art & Env14 Supplementary Planning Guidance/Supplementary Planning Documents – Residential Design Guide 2004 & Car Parking Standards SPG 2003. Planning Policy Statement 1 Delivering Sustainable Development 2005, Planning Policy Statement 4 Planning for Suatainable Economic Growth 2009 , Planning Policy Statement 5 Planning for the Historic Environment 2010 & Planning Policy Guidance 13 Transport 1995.

RECOMMENDATION: Approval

030488 continued…

Planning Applications Committee 22.11.10 18 030488 continued materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

Conditions: 2. The development shall not be carried out other than in accordance with the approved plans and documents contained in the following schedule:

Plan Description Plan No. Date Received Proposed application site AP01A 7th October 2010 boundary Proposed site layout AP03H 21st October 2010 Proposed first & Mezz AP04E 21st October 2010 floor plan Proposed roof plan & AP05C 21st October 2010 Typical section Proposed elevations AP06F 21st October 2010 Proposed street view AP19A 21st October 2010 elevations Proposed site sections AP16A 21st October 2010 Petrol filling station AP17 7th October 2010 plans & elevations Proposed units AP10A 7th October 2010 Proposed units elevations 01 AP11A 7th October 2010 Proposed unit plans, AP12 7th October 2010 elevations, typical section Proposed demolition plan AP100 7th October 2010 Rights of Way AP18A 21st October 2010 Horizontal illuminance LS18955/1 7th October 2010 levels Existing site plan AP02 7th October 2010 Existing foodstore AP102 7th October 2010 ground floor plan Existing car park AP103 7th October 2010 lower deck Existing car park AP104 7th October 2010 upper deck Existing store elevations AP105 7th October 2010 Existing Tesco petrol AP106 7th October 2010 filling station White Swan Public House AP101 7th October 2010 Existing plans 35-51 Mill AP108 7th October 2010 Street Existing elevations 35-51 AP109 7th October 2010 Mill Street Existing 3-5 George Street AP107 7th October 2010 Ringway & existing 51-53 Newtown Road Existing site sections AP15 7th October 2010 Landscape Design Statement 7th October 2010 Materials board 19th October 2010

030488 continued…

Planning Applications Committee 22.11.10 19 030488 continued

Transport Assesment 7th October 2010 Indicative plan showing AP35 8th November 2010 area for potential public realm improvements 3. No development shall commence on site until full details of the access arrangements including safety audits and modelling using micro-simulation software for the: a) Two-way road system on George Street Ringway including any proposed crossings b) Junction alterations to the priority of George Street Ringway and Leicester Street c) Roundabout alterations on George Street Ringway/ Tesco store access d) Proposed signal junction at Park Road/Mill Street/George Street Ringway e) Junction at Mill Street/Church Way/Mill Court have been submited to and approved in writing by the Council in consultation with the Highway Authority. No work shall be carried out on any of the access arrangments until the details have been approved. The new store shall not be opened until the approved details have been implemented. 4. The use hereby permitted shall not commence until a green travel plan has been submitted to and approved in writing by the Council. Any measures proposed to be carried out in the plan shall be implemented prior to the use commencing on the site. Following commencement of the use, the measures (and any variations) so approved shall continue to be implemented in full at any time when the use is being carried on.

The plan shall: (i) specify targets for the proportion of employees and visitors traveling to and from the site by foot, cycle, public transport, shared vehicles and other modes of transport which reduce emissions and the use of non-renewable fuels; (ii) set out measures designed to achieve those targets together with timescales and arrangements for their monitoring, review and continuous improvement; iii) explain and justify the targets and measures by reference to the transport impact assessment approved in accordance with condition 2; (iv) identify a senior manager of the business using the site with overall responsibility for the plan and a scheme for involving employees of the business in its implementation and development. 5. No construction work shall commence on site until a mechanical wheel wash has been installed to prevent mud and debris from being deposited on the highway as result of construction traffic leaving the site. The wheel wash shall not be installed until full details (including type, method of operation and control of use) have been approved in writing by the Council. 6. No development shall commence until full details of the proposed cycle stands have been submitted to and approved in writing by the Council. The units shall not be occupied until the agreed details have been implemented on site and are available for use. 7. No development shall commence until details for the disposal of both surface water and foul sewage have been submitted to and approved in writing by the Council. No development creating surface water run off and no retail unit shall be occupied until the drainage works in accordance with the approved details have been carried out. 8. The development hereby approved shall not be implemented until a contaminated land assessment and associated remedial strategy, has been submitted to, and agreed in writing by the Local Planning Authority. 9. The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment.

030488 continued…

Planning Applications Committee 22.11.10 20 030488 continued

10. If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the Local Planning Authority before the additional remediation works are carried out. The agreed strategy shall be implemented in full prior to completion of the development hereby approved. 11. On completion of the agreed remediation works, a closure report and certificate of compliance, endorsed by the interested party/parties shall be submitted to and agreed in writing by the Local Planning Authority. 12. No development shall commence until details of an acoustic barrier of a minimum height of 3 metres along the western flank of the service yard have been submitted to and approved in writing by the Council. The service yard shall not be used until the barrier has been erected in accordance with the approved details. 13. No lights shall be erected on the site other than in accordance with the details shown on drawing no LS18955/1: Lighting Project: Tesco Bedworth, Horizontal Illuminance Levels and the lights shall not be brought into use until the position and angle of the lamps have been agreed on site by the Council and any required adjustments have been carried out to meet approved illuminace levels and to prevent glare to occupiers of adjoining residential properties. The lights shall be maintained in accordance with the approved details at all times and shall not be altered without the prior written permission of the Council. 14. No boundary walls or fences other than those agreed on the approved plans shall be erected unless and until details of their position, height and appearance, have first been submitted to and approved in writing by the Council. 15. There shall be no outside storage of goods and materials. 16. The store shall not be opened until a scheme for the proposed public art area has been submitted to and approved in writing by the Council. 17. The development hereby approved shall not be occupied until the access, car parking and turning areas have been laid out in accordance with the approved details and such areas shall be permanently retained for the parking and manoeuvring of vehicles. 18. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed a rating level of LAeq5min = 37db between the hours of 2300 and 0700 unless otherwise agreed in writing by the Council. The noise level shall be determined at 1 metre from the facade of any residential property. The measurement and assessment shall be made according to BS 4142:1997.

Planning Applications Committee 22.11.10 21

4. 030487/BE: The White Swan, All Saints Square, Bedworth

Conservation Area Consent for demolition of White Swan Public House Applicant: Tesco Stores Ltd/Discovery Properties

Neighbours notified: The Pet Shop, 1 Mill Street, Bedworth

Consultees: None

Neighbour representations: None

Consultee responses: None

Relevant Policies: Planning Policy Statement 5- Planning and the Historic Environment 2010.

RECOMMENDATION: Approval

Reason for the recommendation of approval Having regard to the pattern of existing development in the area and relevant provisions of the development plan, as summarised above, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

Planning Applications Committee 22.11.10 22

5. 030397/PO: Land off Ironbridge Way, Exhall Erection of 14 Apartments with Associated Parking Applicant: Mr J Richards

Neighbours notified: 102-112 (even), 108A, 110A & Wentworth Fuels, Blackhorse Road, 52-55 (inc) Canalside,1-15 (odd) Channel Way, 1-23 (inc) Pumphouse Close, 49-85 (inc) Towpath Close & 85 Tregorrick Road.

Consultees: Severn Trent, WCC Highways, WCC Footpaths, WCC Structure Plan, Ramblers Association, Warwickshire Police Authority, Paul Coopey-Housing, Environmental Health, The Open Space Society, Ofcom, Wentworth Fuels & N.W Primary Care Trust.

Neighbour representations: 1,3, 4, 5 Pumphouse Close 70 Towpath Close 102 Blackhorse Road to original plans covering the following points:

1. Block A is not in keeping with the houses. Even after being built on scooped land, are still considerably higher than the existing houses. (3, 5) 2. Block B would allow occupants to look into my property (kitchen bedrooms and dining room/lounge as well as garden and will cause loss of privacy severely obstruct afternoon light. Already have difficulty growing things in the garden due to fence which causes shadows, apartments will be considerably higher. Elsewhere there is 20 metres or so between properties. (3, 4, 5) 3. The development is higher than the surrounding buildings (4) 4. 16 spaces will be inadequate for the amount of residents. Office for National Statistics shows that this development would require at least 16 spaces with additional spaces. Whilst Blackhorse Road has been closed, Ironbridge Way has become very busy and will continue with the changes underway to Blackhorse Road and as it is a route to industrial units. People from the development will park on Ironbridge Way which will cause traffic problems and accidents. 2 visitor spaces is not realistic. (3, 4, 5, 70) 5. New access is close to the proposed pedestrian crossing and where a bus stop is. This will be a dangerous place as cars will be slowing down to turn in to the entrance and people using the crossing could assume they are stopping for them to cross, or not be seen behind cars inconsiderately parked on the road. (3, 4, 5, 70) 6. Bus will not be able to use the current stop (70) 7. If the bus stop is being moved this is not shown on the plans. Will find it difficult to walk to another stop further away due to health. (5) 8. Would like to see the land used but not for the present plans. (1, 3, 5) 9. The density of the development is 2 or 3 times as concentrated as other developments in the area. (1) 10. Parking spaces do not appear big enough. (1, 4, 3) 030397 continued…

Planning Applications Committee 22.11.10 23 030397 continued

11. Chicane entry to the development is not wide enough for 2 cars to pass and is located on the approach to a pedestrian crossing (1) 12. Would suffer from cars being parked on the road in front of my house (1) 13. Other surrounding properties as well as mine would be overlooked by the towering buildings in close proximity. (1) 14. Site is too small for 2 large apartment blocks. Boundary walls of the apartments will be close to properties in Pumphouse Close in particular and is not in keeping with the heights of adjacent accommodation. (3, 4, 5, 70) 15. If apartments are for rent there could be further cause for concern (102) 16. 3 storey development elsewhere has been sited away from other properties and are to the north, minimising the impact on the neighbouring properties. (4) 17. Planting at the entrance may reduce visibility. (4) 18. Land between the 1-6 Pumphouse Close and the application site is a drainage ditch, the effect on drainage of reducing the ground levels compared to the adjacent properties needs to be considered, gardens already do not drain well and potential for flooding and dampness to properties would increase. (4)

110 Blackhorse Road 1, 4 Pumphouse Close (to amended plans) covering the following points. 1. Development is very close to existing properties and close to a pedestrian crossing, this will be dangerous and cause more disruption to traffic flow (110) 2. When the level crossing is down traffic builds up in 3 directions now instead of 2 and worsened by inconsiderate parking of existing residents (110) 3. Hope for yellow lines from the entrance to Blackhorse Road from the level crossing to Whitehorse Close (110) 4. Buses and lorries do not have space to turn from Blackhorse Road on to Ironbridge Way and could cause an accident. (110) 5. Still concerned about the proposed density. Block B with grounds and parking occupies a similar area to a single property. Block A is even more densely developed. (1) 6. Opposed to the over dense development of the site, no opposition to some development. (1) 7. Whilst the access is improved, this has been at the expense of parking which is even closer to the pedestrian crossing. (1, 4) 8. There is not enough space from the bins to access parking space 12. 9. Would still suffer from parking in front of my house as there is inadequate on the site. 10. Access is between the proposed bus stop and the pedestrian crossing, this will create and extra hazard when the bus stop is in use. (4). 11. Parking spaces are too small (4).

030397 continued…

Planning Applications Committee 22.11.10 24 030397 continued 12. Traffic on Ironbridge Way along with inadequate parking has lead to a build up of traffic as cars have to overtake parked cars against the flow of traffic. This will be worsened if the development is approved with inadequate parking. (4)

Consultee responses: Warwickshire Police – No objections but recommend that the gardens and site perimeter are secured by a robust fence or wall. Communal areas should be secured by a 1.8m high fence and gate with anti-lift hinges and lock. Boundary walls, bins and flat roofs should not be located to allow intruders entry to upper floors. Communal doors, ground floor windows and lighting to communal parking facilities should comply with the relevant British Standard.

WCC Footpaths – Public Footpath B32 runs along the footway adjacent to the west of the site. This must remain open and available at all times and warning signs should be erected wherever construction traffic crosses the path.

Environmental Health – No adverse comments subject to the imposition of 4 contaminated land conditions due to railway lines on the adjacent sire and the former use of the land as a coal yard.

Ramblers – No objection

WCC Highways – No objection subject to the imposition of conditions covering access position, visibility splays, width of access, public footway crossing, details of construction of the car parking and manoeuvring areas, closing off the existing vehicular access and measures to prevent dirt and debris being trafficked onto the public highway.

Severn Trent Water – No objection subject to a condition covering the disposal of surface water and foul sewage.

Warwickshire Wildlife Trust – Any trees, hedges, bushes on the site may be a nesting habitat for breeding birds. Activities which could disturb they should be confined to outside of the nesting season (which runs from March to September inclusive)

Previous History: Application TP/0057/04 – Residential Development (Outline) – Approved subject to the completion of a legal agreement. Application 9992 – 14 Apartments and 2 Town Houses – Withdrawn 20/9/05 Application 10195 – 14 Apartments (resubmission following withdrawal of 9992) – Refused 6/2/06 Application 10852 – 14 Apartments in one 3 ½ storey block (resubmission following refusal of 10195) – Refused 12/09/06. Appeal against this decision dismissed.

030397 continued…

Planning Applications Committee 22.11.10 25 030397 continued

Background: In addition to the letters of objection, this application is being reported to Planning Applications Committee at the request of Councillor John Glass.

Relevant Policies: PPS1 - Delivering Suatainable Development, PPS3 - Housing, PPG13 - Transport, Nuneaton and Bedworth Borough Local Plan 2006 – Env 14 - Supplementary Planning Guidance.

RECOMMENDATION: Approval

Reasons for the recommendation of approval: Conditions: 2. The development shall not be carried out other than in accordance with the approved plans contained in the following schedule:

Plan Description Plan No. Date Received Site Layout, Location Plan 205-102F 5/11/10 & Context Elevation Proposed Plans and 205-101C 16/8/10 Elevations 3. No development shall commence until full details and samples of materials proposed to be used in the external parts of any building have been submitted to and approved in writing by the Council. The development shall not be carried out other than in accordance with the approved details. 4. The roof lights shown on the approved plan in the side elevation of Block B facing Pumphouse Close shall not be fitted or subsequently maintained other than in obscure glazing with non-opening lights. 5. No development shall commence until full details of the site levels and finished floor levels have been submitted to and approved in writing by the Council. No construction work shall be carried out other than in accordance with the approved details. 6. No development shall commence until drainage plans for the disposal of foul sewage and surface water have been submitted to and approved in Writing by the Council. These plans shall include details of a scheme for the drainage to the channel / land between the site and Pumphouse Close. Only the agreed details shall be implemented on site prior to the occupation of the development. 7. No development shall commence until a landscaping scheme to include measure for protection of trees close to the boundary of the site has been submitted to and approved in writing by the Council and the said scheme shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner:- Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 8. The development hereby approved shall not be implemented until a contaminated land assessment and associated remedial strategy, has been submitted to, and agreed in writing by the Local Planning Authority.

030397 continued…

Planning Applications Committee 22.11.10 26 030397 continued

9. The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. 10. If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the Local Planning Authority before the additional remediation works are carried out. The agreed strategy shall be implemented in full prior to completion of the development hereby approved. 11. On completion of the agreed remediation works, a closure report and certificate of compliance, endorsed by the interested party/parties shall be submitted to and agreed in writing by the Local Planning Authority. 12. Access for vehicles to the site from the highway (Ironbridge Way X1380) shall not be made other than at the position identified on the approved drawing number 205-102F. 13. No development shall commence until visibility spalys have been profided to the vehicular access to the site, passing through the limits of the site fronting the highway, with an'x' distance of 2.4m and a 'y' distance of 70 m to the near edge of the highway carriageway. No stucture, tree or shrub shall be erected, planted, or retained within the splays exceeding, or likelyt to edceed at maturity, a height of 0.6m above the level of the highway carriageway. 14. The vehicular access to the development hereby approved shall be a minimum of 5m in width for a distance of 7.5m as measured from the near edge of the footway. 15. The vehicular access to the site shall not be used unless a public highway footway crossing has been laid out and constructed in accordance with the standard specification of the Highway Authority and is avaible for use. 16. No development shall commence until full details of the surfacing, drainage and levels of the car parking and manoeuvring areas have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the areas have been laid out in accordance with the approved details and such areas shall be permanently retained for the purposes of parking and manoeuvring of vehicles. None of the parking spaces shall be allocated to individual apartments, The vehicular access shall not be constructed in a manner as to reduce the effective capacity of any highway drain or permit surface water to run off the site onto the public highway. 17. The existing vehicular access to the site shall be closed off and the public highway footway reinstated to the satisfactions within 1 calendar month of the new access being formed. 18. No development shall commence or continue unless measures are in place to prevent/minimise the spread of extraneous material onto the public highway by the wheels of vehicles using the site and to clean the public of any such material.

Planning Applications Committee 22.11.10 27

6. 030498/BU: The Poppies, Coventry Road, Bulkington Vary conditions 3 & 6 of approval 11216 to allow use of the site by travellers unrelated to Miss J Smith (The Poppies) (Resubmission following refusal of 30246) Applicant: Miss J Smith

Neighbours notified: Bottom Meadow, Fella’s Acre, Sunrise Cottage, Hollyhurst Farm, Two Trees Farm, Rosewood Caravan Park, The Haven Caravan Park, Coventry Road and Honeyfields Farm, Mile Tree Lane.

Consultees: Severn Trent, WCC Highways, Coventry City Council, Rugby Borough Council, Environmental Health, Paul Coopey- Environmental Housing, Jane Grant-Housing.

Neighbour representations: None

Consultee responses: WCC – Highways - No objection.

Gypsy Liaison Officer - As the site has permission and as long as the plans are not to extend the site this could help reduce the need in the Gypsy and Traveller Accommodation Assessment and show that the authority are looking at ways to meet the need without withdrawing monies from the public purse.

Rugby Borough Council The site lies within the Green Belt and as such the proposal constitutes inappropriate development. The previous decisions were granted on the basis that very special circumstances of the family in terms of their education and health needs. No detailed justification in terms of very special circumstances has been submitted to justify the application. This council cannot support the proposal based on the submitted evidence.

Environmental Health – no adverse comments

Background: This application had been requested to be reported to Committee following a request from Councillor Des O’Brien.

Previous History 11216 – Use of land to rear as gypsy site for 6 caravans – Approved 6/6/07 11844 – Certificate of Lawful Use - Granted - 15/7/08 30246 - Vary condition 3 of approval 11216 to allow use of the site by travellers unrelated to Miss J Smith – Refused 29/9/10

Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 Env1 - Green Belt, H13 Traveller Sites, Env14 Supplementary Planning Guidance/Supplementary Planning Documents and T10 Car Parking Standards.

030498 continued…

Planning Applications Committee 22.11.10 28 030498 continued

PPS1: Delivering Sustainable Development, PPG 2: Green Belts, PPS3: Housing, PPS7: Rural Areas and PPG13: Transport. Circular 01/2006: Planning for Gypsy and Traveller Caravan Sites.

RECOMMENDATION: Approval

Reasons for the Recommendation of approval: Having regard to the pattern of existing development in the area and relevant provisions of the development plan, as summarised above, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

Conditions: 2. No more than 3 caravans shall be stationed on the land within the administrative area of Nuneaton and Bedworth Borough Council at any one time. 3. The caravans shall not be occupied by persons other than gypsies as defined by paragraph 15 of the ODPM Circular 01/2006. 4. The site shall be used for residential purposes only and materials or equipment used in connection with the business or trade of the occupants shall not be stored in the open on the land. 5. No development shall commence until a landscaping scheme has been submitted to and approved in writing by the Council and the said scheme shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner:- Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation.

Planning Applications Committee 22.11.10 29

7. 030456/BU: Boundary Paddock, Withybrook Road, Bulkington Continued use of land as residential caravan site to include the erection of a utility and washroom block. Applicant: Mrs Dawn Dawson

Neighbours notified: 2-20 (even), 13-49 (odd), The Elms, Boundary Farm, Arbury Farm Bungalow, Arbury House Farm, Withybrook Road, 7-12 (inc) & 14 Moreland Close, 67-73 (odd) Wolvey Road, 7 Alderbrook Drive.

Consultees: Severn Trent, WCC Highways, Rugby Borough Council, Environment Agency & Environmental Health.

Neighbour representations: 16, 20 Withybrook Road, 28, 54, 73 Wolvey Road raising the following points. 1. Temporary traveller site is on Green Belt, erection of permanent structures on site further damage the Green Belt and legitimise site into a permanent site. (16, 20, 28, 54, 73) 2. Erection of a building will encroach on open countryside (20) 3. Already commercial vehicles permanently parked and using this site will be in breach of planning controls. This has lead to an increase in traffic on Withybrook Road and an increase in noise pollution. (16) 4. Current occupants continue to burn waste, leading to problems in terms of smoke and fumes. (16, 73) 5. Existing traveller sites within North Warwickshire with vacant plots on them which have existing utility and wash room blocks, including Alvecote Caravan Site (5 vacant plots), Woodside Caravan Park (Rugby), and Griff Caravan site (vacant plots from February 2011 onwards). No need to allow further caravan sites created with permanent structures on them. (73) 6. Dismayed to discover fact on NBBC is making the application in order to regularise and legitmise the site. Cost Council tax payers £250,000 to clear the original traveller site and now are applying for planning permission that occupied part of original illegal site. (16, 54, 73) 7. We were refused planning permission to build a garage in the field (which was in Green Belt), every other applicant should be treated the same. (20) 8. When looking to build a house on Green Belt, we were told that we needed an agricultural business as justification. (16) 9. No benefit to the local economy for the caravan site or erection of washroom and utility. (16) 10. Against the public interest and will severely impact of Bulkington. (16) 11. Misled when purchasing our property, were told the travellers would be evicted. (16) 12. Proposed building out of proportion to needs of a utility/washroom facility. (28, 54)

030456 continued…

Planning Applications Committee 22.11.10 30 030456 continued

Anon letter on behalf of Withybrook Road residents 1. Are against the site becoming a permanent site, bearing in mind what is happening at Top Road Barnacle, we are being surrounding be gypsies. 2. As you are spending large amounts of money at Griff when it is finished the Ward family should be moved to it.

Anon letter on behalf of concerned resident Bulkington 1. Proposed utility block is for a dwelling, most of the area is indicated as a living area. 2. With measurements of 24m by 16m this will be used as a dwelling. 3. Council owns the land and has 50 year lease. Will Council monitor the size and use of land in question? 3. Clarification needs to be established, when previous application was submitted Planning Applications Committee went on site visit. 4. Initial site included 2 trailer caravans and a couple of vehicles now boundaries have moved, proposal includes static caravan, 2/3 trailer caravans, stable block, gates area for storage of machinery and lorry, access through boundary fence to adjacent field. 5. Current plot struggle to fit in utility block. 6. Detailed site visit required by Planning Application Committee prior to any decision being made. 7. Conditions should be used to the use and growth of the site.

Anon letter from very concerned occupiers Moreland Close 1. Cannot understand after a fight of four years why this application to legalise the site is now being considered. 2. Green Belt is for agricultural use only, why is this a special case. Cost Council tax payers £250,000 to clear the original traveller site and allowing the application will encourage a repeat of four years all over again. 3. Greatest concern is even if restrictions and conditions are put on they will bring in extended family. 4. Concerns expressed in terms of number of vans, extended family, boundary, size of outbuilding.

Anon letters (2) concerned resident of Withybrook Road 1. Strange Council received application for travellers. 2. Assume relaxation of Council’s stance regarding such developments on areas not designated for development. 3. Intention to develop the site to accommodate a larger traveller community. 4. Understand similar application made for a utility/washroom block on site and is now a bungalow. Consultee responses: Warwickshire CC – Highways – no objection subject to condition relating to gates erected at the entrance to the site not hung so as to open within 11.0 metres of edge of the highway.

030456 continued…

Planning Applications Committee 22.11.10 31 030456 continued

Environmental Housing – Agree there is a need for toilet/washroom/laundry/ kitchen facilities to be provided. Satisfactory water supply and arrangement for drainage of the facilities will be required.

Rugby Borough Council – Object to the proposal. The site is located within the Green Belt where there is a presumption against inappropriate development. The application does not appear to be accompanied by any information to demonstrate very special circumstances to overcome the presumption against inappropriate development. Rugby Borough Council therefore objects to the proposals.

Severn Trent Water - no objections

Environment Agency – no objections

Environmental Health – no objections

Background: This application had been requested to be reported to Committee following a request from Councillor Des O’Brien.

Previous History: The site was part of a larger unauthorised site (2 plots out of 21) which was refused planning permission and the subsequent appeal was dismissed, the Council eventually taking enforcement action to remove the unauthorised development.

9240 – Change of use to private caravan site for one gypsy family with associated WC/shower block & stables - Refused 14/1/05 Appeal dismissed following public inquiry 10/8/06.

Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 Saved Policies Env1 Green Belt, H13 Traveller Sites, T10 Car Parking Standards.

PPS1: Delivering Sustainable Development, PPG 2: Green Belts, PPS3: Housing, PPS7: Sustainable Development in Rural Areas and PPG13: Transport, Circular 01/2006: Planning for Gypsy and Traveller Caravan Sites.

RECOMMENDATION: Approval

Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation response(s) received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

030456 continued…

Planning Applications Committee 22.11.10 32 030456 continued

1. The land and the caravans shall only be occupied by Patrick and Susan Ward, and their children Crystal, Tammy, Kathleen, Jimmy, Mary and Noreen and their children. 2. No more caravans of which no more than one shall be a static caravan and of which at least two shall be capable of being towed on the highway, shall be located on the site at any one time. 3. No more than 2 HGV's shall be parked on the site. 4. Notwithstanding the submitted details within two months of the date of approval, a plan shall be submitted indicating the plans of the utility and washroom block including details of the samples of the materials to be used in the external surfaces of the building. The development shall be carried out in accordance with the approved details. 5. The site shall be used from residential purposes only and materials and equipment used in connection with any business or trade of the occupants shall not be stored in open on the land. 6. Within two months of the development hereby approved, the entrance gates on the existing access shall be altered to ensure that they do not open outwards towards the highway.

Planning Applications Committee 22.11.10 33

8. 030502/WB: Khalifa Muslim Society, 121 Edward Street, Nuneaton First Floor Extension to Front, Side & Rear (Resubmission following refusal of 029629) Applicant: Mr G Shaikh

Neighbours Notified: 110-118 (even),117,119 & 125 Edward Street, 2 & 4 Princes Avenue & 58 b & c Princes Street.

Consultees: Severn Trent, Highways & Environmental Health

Neighbour representations: 112, 117, 119 Edward Street; 2 (two letters), 4 Princes Avenue raising the following points:

1. Detrimental impact on private amenity space – combined with existing surrounding buildings would lead to oppressive enclosure of garden (2). 2. Issues relating to relationship of the society to the wider community (2, 4). 3. Query whether will be available to public (2). 4. Within close proximity of other D2 leisure facilities (2). 5. Unsociable hours in planning statement not defined (2). 6. Query how society will safeguard against nuisance to residents (2). 7. Increase in floorspace will lead to increase in numbers leading to problems (2). 8. Will increase parking demand and traffic in the area resulting in spaces normally used by local residents being taken up (2, 112). 9. Already traffic and parking problems when events take place at centre causing safety problems (112, 117). 10. Noise levels already high (117). 11. Already experiencing disturbances and damages to property (119). 12. Permission previously refused for exactly same proposal (4). 13. Height of extension will affect light to kitchen, utility and bathroom. Will also impact on privacy to these rooms and garden (4). 14. Request the planning committee visit the site to see the impact (4).

Consultee responses: Highways 1. Objection. 2. Proposed development would increase size of building by 70% but provide no extra parking. 3. Existing parking provision is 1 disability space. Majority of visitors therefore reliant on availability of parking in vicinity and public car parks. 4. Demand for parking in area close to or exceeds capacity during peak times.

030502 continued…

Planning Applications Committee 22.11.10 34 030502 continued

5. Site may be used by local community who don’t need to drive but would also attract more visitors to site, potentially compounding existing traffic and parking problems in Edward Street and surrounding area.

Background This application is being reported to Planning Application Committee at the request of Councillors J Sheppard and J Jackson in addition to the letters of objection received.

Relevant Previous History: TP/0024/93: Change of use to bed sits and community centre. Approved 02/04/1993. TP/0054/98: Single storey rear extension to existing community facility. Approved 06/04/1998. 029629: First floor extension to front, side and rear. Refused 12/08/2009.

Relevant Policies: Saved Policy ENV14 of the Nuneaton & Bedworth Borough Local Plan 2006.

RECOMMENDATION: Refusal 1(i) Policy Env 14 States: The design and materials of all development should be of a high standard in keeping with the scale and character of the locality. All development should comply with Supplementary Planning Guidance and/or Supplementary Planning Documents produced by the Borough and County Council, where detailed guidance is considered necessary.

(i) The proposal is contrary to this policy in that the size and extent of the extension is vastly out of scale with the original property and would create an over prominent feature in the street scene to the detriment of the visual amenities of the area. The proposal would also lead to a loss of light and create an opressive sense of enclosure to the 2 neighbouring residential properties no 119 Edward Street and 2 Princes Avenue and to the private amenity space of 2 Princes Avenue to the detriment of the residential amenities of these properties (contrary to paragraphs 8.1 and 9.6 of the Residential Design Guide 2004).

Planning Applications Committee 22.11.10 35

030350/WE: 267 Weddington Road, Nuneaton 9. Cut back by a quarter one overhanging limb to two lime trees and remove epicormic growth to 2.5 metres above ground level to same: to trees known as T1 and T2 which are located to the front garden of 267 Weddington Road. Applicant: Mr Sean Dwyer

Neighbours Notified: 261-268 (inc), 270-272 (inc), 274-280 (even) Weddington Road

Consultees: Parks and Countryside Officer

Neighbour representations: Letter of objection (no address provided but with an email address) 1. As work is not a Health and Safety issue, fail to see why it needs to be done, unless the new owners are not happy with the tree but this should have been considered when house was purchased. 2. The work is decimating the trees in question. 3. Work has already been done but the epicormic growth has been carried out well above 2.5 metres.

Consultee responses: Parks and Countryside Officer 1. Removal of epicormic growth is ok. The tree closest to the new access road requires dead wooding and the branch that is closest to the new road and hanging that way can be reduced by 1.5 metres. It is not clear which branch they wish to reduce and it is only the one described that would be acceptable to remove.

Previous History The trees were covered by the Tree preservation order in 2008 and these two trees were considered to be worthy of a tree preservation order as they provided amenity value and would and have sufficient space to develop into two good mature trees.

RECOMMENDATION: 1. APPROVE The epicormic works as carried out. 2. REFUSE tipping back of branches projecting towards the property, but APPROVE the reduction, reduce gap of the branch closest to the new road by 1.5 metres.

Planning Applications Committee 22.11.10 36