Dear Sir/Madam, a Meeting of the PLANNING APPLICATIONS

Enquiries to: Wendy Bolton Telephone Committee Services: 024 7637 6000 Direct Email: [email protected] Date: 26th March, 2018 Our Ref: PJM

Dear Sir/Madam,

A meeting of the PLANNING APPLICATIONS COMMITTEE will be held in the Council Chamber, Town Hall, Nuneaton on Tuesday, 3rd April 2018 at 5.00 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. 6 for clarification).

Please note that meetings may be recorded for future broadcast.

Yours faithfully,

ALAN FRANKS

Managing Director

To: All Members of the Planning Councillors W.J. Hancox (Chair), Applications Committee J.B. Beaumont, C. Bennett, I. Bonner, R.G. Copland, S. Gran, A.A. Lloyd, I.K Lloyd, B.J. Longden, G.D. Pomfrett, R. Smith, J. Sheppard and K. Wilson

Planning Applications Committee - 3rd April 2018 1

Site Visit Information

Members are reminded that site visits will take place. This is in connection with application number 035295: Site 61A003 Hare and Hounds Lane, Nuneaton, and 035351 92a Wheat Street Nuneaton.

Members are asked to meet on site at Hare and Hounds Lane at 3 p.m.

Members are asked to meet on site at 92a Wheat Street at 4 p.m. Members are asked to park their vehicles back at the Town Hall and then walk to the site visit as there are parking restrictions in that area.

Members not having their own transport are asked to meet either at the front of Bedworth Civic Hall at 2.30 pm or the front of the Town Hall at 2:45 pm.

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.

Planning Applications Committee - 3rd April 2018 2 AGENDA

PART I - PUBLIC BUSINESS

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 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.

Chair to advise the meeting if all or part of the meeting will be recorded for future broadcast.

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

3. MINUTES - To confirm the minutes of the meeting held on 13th March, 2018 (attached). (Page 6)

4. DECLARATIONS OF INTEREST

To receive declarations of Disclosable Pecuniary and Other Interests, in accordance with the Members’ Code of Conduct.

Declaring interests at meetings

If there is any item of business to be discussed at the meeting in which you have a disclosable pecuniary interest or non- pecuniary interest (Other Interests), you must declare the interest appropriately at the start of the meeting or as soon as you become aware that you have an interest.

Arrangements have been made for interests that are declared regularly by members to be appended to the agenda (Page 8). Any interest noted in the Schedule at the back of the agenda papers will be deemed to have been declared and will be minuted as such by the Democratic Services Officer. As a general rule, there will, therefore, be no need for those Members to declare those interests as set out in the schedule.

Planning Applications Committee - 3rd April 2018 3 There are, however, TWO EXCEPTIONS to the general rule:

1. When the interest amounts to a Disclosable Pecuniary Interest that is engaged in connection with any item on the agenda and the member feels that the interest is such that they must leave the room. Prior to leaving the room, the member must inform the meeting that they are doing so, to ensure that it is recorded in the minutes.

2. Where a dispensation has been granted to vote and/or speak on an item where there is a Disclosable Pecuniary Interest, but it is not referred to in the Schedule (where for example, the dispensation was granted by the Monitoring Officer immediately prior to the meeting). The existence and nature of the dispensation needs to be recorded in the minutes and will, therefore, have to be disclosed at an appropriate time to the meeting.

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 Disclosable Pecuniary or a Deemed Disclosable Pecuniary Interest, the Member must withdraw from the room.

Where a Member has a Disclosable Pecuniary Interest but has received a dispensation from Standards Committee, that Member may vote and/or speak on the matter (as the case may be) and must disclose the existence of the dispensation and any restrictions placed on it at the time the interest is declared.

Where a Member has a Deemed Disclosable Interest as defined in the Code of Conduct, the Member may address the meeting as a member of the public as set out in the Code.

Note: Council Procedure Rules require Members with Disclosable Pecuniary Interests to withdraw from the meeting unless a dispensation allows them to remain to vote and/or speak on the business giving rise to the interest.

Where a Member has a Deemed Disclosable Interest, the Council’s Code of Conduct permits public speaking on the item, after which the Member is required by Council Procedure Rules to withdraw from the meeting.

5. DECLARATIONS OF CONTACT Members are reminded that contacts about any Planning Applications on this agenda must be declared before the application is considered

6. 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 – the report of the Head of Development Control attached. (Page 10)

Planning Applications Committee - 3rd April 2018 4 7. APPLICATIONS FOR PLANNING PERMISSION ON WHICH NO MEMBER OF THE PUBLIC HAS INDICATED A DESIRE TO SPEAK – the report of the Head of Development Control attached. (Page 10)

8. 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 - 3rd April 2018 5 - 42 - AGENDA ITEM NO. 3.

NUNEATON AND BEDWORTH BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE 13th March, 2018

A meeting of the Planning Applications Committee was held at the Town Hall, Nuneaton on Tuesday, 13th March, 2018.

Present

Councillor W.J. Hancox – Chair

Councillors J.B. Beaumont, C. Bennett, R.G. Copland, S. Gran, A.A. Lloyd, B.J. Longden, G.D. Pomfrett, R. Smith, J. Sheppard and K. Wilson.

Apologies: Councillor I.K. Lloyd.

PLA70 Chair’s Announcements

The meeting was being recorded for future broadcast to the public via the Council’s website.

PLA71 Minutes

RESOLVED that the minutes of the meeting held on the 20th February 2018, be confirmed.

PLA72 Declarations of Interest

The Declarations of Interest for this meeting are as set out in the Schedule attached to these minutes.

IN PUBLIC SESSION

PLA73 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.

______

Chair

Planning Applications Committee - 3rd April 2018 6 - 43 -

SCHEDULE OF APPLICATIONS FOR PLANNING PERMISSION AND RELATED MATTERS REFERRED TO IN MINUTE PLA73 OF THE PLANNING APPLICATIONS COMMITTEE ON 13TH MARCH, 2018

035295: Site 61A003 Hare and Hounds Lane, Nuneaton Demolition of existing garages and erection of 4 dwellings Applicant: Dr Dan Wood

Speakers: Mr C. Nash – CN Planning

DECISION

Decision deferred pending a site visit to assess the impact on highway safety.

035351: 92a Wheat Street, Nuneaton Variation of conditions 2, 3 and 4 of permission 034172 to allow changes to hours of use and to increase floor area of gym. Applicant: Nuneaton and Bedworth Leisure Trust Speakers: Councillor N. Phillips Mr C. Nash – CN Planning

DECISION

Decision deferred pending a site visit to assess the impact on residential amenity in relation to the hours of operation and increased use, and the access and parking situation.

Planning Applications Committee - 3rd April 2018 7 AGENDA ITEM NO. 4. Planning Applications Committee Schedule of Declarations of Interests

Name of Disclosable Other Personal Interest Dispensation Councillor Pecuniary Interest

General Granted to all members dispensations of the Council in the granted to all areas of: members - Housing matters under s.33 of - Statutory sick pay the Localism under Part XI of Act 2011 the Social Security Contributions and Benefits Act 1992 - An allowance, payment given to members - An indemnity given to members - Any ceremonial honour given to members - Setting council tax or a precept under the Local Government Finance Act 1992 - Planning and Licensing matters - Allotments S. Gran Member of Warwickshire County Council A.A. Lloyd Governor of George Eliot Hospital A.A. Lloyd Representative on the Hospice Charity B.J. Longden Daughter and son-in-law work in the NHS B.J. Longden Member of the Stockingford Community Centre B.J. Longden Ex Officiate of the Veterans Contact Point Board G.D. Pomfrett Warwickshire Police and Crime Panel J. Sheppard Management Committee Member Mental Health

Planning Applications Committee - 3rd April 2018 8 Drop in. J. Sheppard Partnership member of the Hill Top and Caldwell Big Local J. Sheppard Director of Wembrook Community Centre K.D Wilson Non Executive Director Dispensation to speak with Nuneaton and and vote Bedworth Community Enterprises Limited K.D Wilson Employee of the courts service

Planning Applications Committee - 3rd April 2018 9 Planning Applications Committee 3rd April 2018

Applications for Planning Permission etc. Agenda Item Index

Item Page No. No.

Site Visits

1. 035295/AR Site 61A003 Hare and Hounds Lane, Nuneaton 11. 2. 035351/AB 92a Wheat Street Nuneaton 22.

Planning Applications

3. 034076/WE Site 31A002 - Land off Higham Lane, Nuneaton 29. 4. 035368/KI 2 Short Street, Nuneaton 103. 5. 035430/BA Site 48B004 – Haunchwood Road, Nuneaton 108.

Wards: AB Abbey AR Arbury AT Attleborough BA Barpool BE Bede BU Bulkington CH Camp Hill EX Exhall GC Galley Common HE Heath KI Kingswood PO Poplar SL Slough SN St Nicolas WB Wembrook WE Weddington WH Whitestone

Planning Applications Committee - 3rd April 2018 10 SITE VISITS

Item No. 1 REFERENCE No. 035295

Site Address: Site 61A003 Hare and Hounds Lane, Nuneaton

Description of Development: Demolition of existing garages and erection of 4 dwellings

Applicant: Dr Dan Wood

Ward: AR

RECOMMENDATION: Planning Committee is recommended to grant planning permission, subject to the conditions printed.

REASON FOR SITE VISIT: To assess the impact on highway safety.

INTRODUCTION: Demolition of existing garages and erection of 4 dwellings at Site 61A003 Hare and Hounds Lane, Nuneaton.

The site is set adjacent to residential properties in Hare and Hounds lane to the south, particularly No.9, properties of Nairn Close to the east, Orkney Close to the north and The Raywoods to the west. Along Hare and Hounds Lane the properties are set out in two blocks of four two-storey terraces and the detached bungalow at No.9. Hare and Hounds Lane is a single narrow private road, wide enough for just one motor vehicle. At the entrance to the Lane, off Heath End Road, is the Hare and Hounds Pub.

The application site is a brownfield site and is comprised of 14 garages, has been hard- landscaped and is relatively flat. The boundary along the south has a 6 feet high timber panel fence; the boundary to the east is made up of fencing and hedging up to approximately 8 feet, to the north and west the boundary predominantly hedging approximately five feet high and is vulnerable to overlooking.

RELEVANT PLANNING HISTORY:  None

POA Planning Applications Committee - 3rd April 2018 11  National Planning Practice Guidance (NPPG).

CONSULTEES NOTIFIED: NBBC Environmental Health, NBBC Refuse and Cleansing, Severn Trent Water, WCC Highway Authority, WCC Land & Drainage, Western Power Distribution

CONSULTATION RESPONSES: No objection subject to conditions from: Coal Authority, NBBC Environmental Health, WCC Archaeological Information Advice, WCC Highway Authority

No response from: WCC Land & Drainage

Comments from: NBBC Refuse & Cleansing

NEIGHBOURS NOTIFIED: Hare and Hounds Pub, 1, 2, 3, 4, 5, 6, 7, 8 and 9 Hare and Hounds Lane; 3, 5 and 7 Nairn Close; 3, 5, 7, 9 and 11 Orkney Close; 54, 56 and 58 The Raywoods

Neighbouring properties were sent letters notifying them of the proposed development on 4th December 2017.

NEIGHBOUR RESPONSES: There have been 8 letters of objection from 8 addresses. The comments are summarised below: 1. Damage to road 2. Traffic movements increased 3. Highway safety 4. Disruption during construction 5. Drainage 6. Maintenance of the private road 7. Security 8. Parking 9. Noise 10. Access for emergency services 11. Loss of privacy 12. Loss of light

APPRAISAL: The key issues to assess in the determination of this application are: 1. Housing Land Supply and Need, 2. Impact on Residential Amenity 3. Impact on Visual Amenity 4. Impact on Highway Safety 5. Other Matters

POA Planning Applications Committee - 3rd April 2018 12 1. Housing Land Supply and Need Principle of Residential Development The NPPF establishes the need for the planning system to achieve sustainable development which is composed of mutually dependent economic, social and environmental dimensions (paragraphs 6 and 7). There is consequently a presumption in favour of applications for sustainable development (paragraphs 49 and 197). In broad terms, this means that the application should be approved providing that it is in accordance with the development plan and other policies within the NPPF, unless material considerations or adverse impacts indicate otherwise (paragraphs 14 and 187). An assessment of this application is therefore outlined below.

The proposed development of four two bedroom houses on the site would constitute development on previously developed land. Paragraph 111 also states that; “decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value”. This land is not considered to have a ‘high’ environment value.

Consequently, the development of this land for residential purposes is considered to be an appropriate use of the land, located in a sustainable location within easy reach to sustainable modes of transport and a variety of commercial uses, all of which weigh significantly in favour of the application.

Housing Need and Land Supply This application is for four new dwelling and whilst this may be a small amount, it is a welcome contribution towards meeting the Borough’s housing need and requirement, especially as there is a current under supply of housing, which weighs in favour of the application.

2. Impact on Residential Amenity Policy ENV14 of the Local Plan requires development to comply with Supplementary Planning Guidance and allows for consideration of the Residential Design Guide (RGD). The RDG sets out guidance in order to protect acceptable living conditions for existing and future occupants in nearby dwellings with potential to be impacted by development. Paragraph 17 of the NPPF is also relevant and sets out the need for planning to deliver a good standard of amenity for all existing and future occupants of buildings.

Impact on The Raywoods, Orkney Close and Nairn Close The development complies with the relevant separation standards to the surrounding properties in The Raywoods, Orkney Close and Nairn Close.

Impact on No.9 Hare and Hounds Lane No 9 Hare and Hounds Lane has roof lights in the roof slope overlooking the site and these are original to the dwelling. The positioning of these windows in the roof slope is such that someone of average height can look straight out of the windows over the application site so it is correct to assess both the impact on potential for loss of light and privacy. The centre of these roof lights to the front wall of the proposed development is approximately 10m. Due to the style of the proposed windows in the front elevation of the development (which is dealt with below) the separation standards

POA Planning Applications Committee - 3rd April 2018 13 between the proposed development and the affected windows at No. 9 should be 12m as set out in the RDG. The proposed development is approximately 10m when the positioning of the windows in the roof slope is taken into account. Whilst this is less than the required standard, the proposed development is set to the north of the affected windows at No.9 and as such, the impact on these windows in terms of loss of light is less and is considered acceptable.

The proposed development has windows to bathrooms at first floor that have the potential to overlook No. 9 Hare and Hounds Lane as they appear to have a vertical opening and are not indicated to be obscure glazed. A condition is suggested to ensure that these windows in plots 2, 3 and 4 are obscure glazed and non-opening to protect the amenity of No. 9. Plot 1 overlooks the front of No.9 and therefore does not need to be restricted as it does not overlook windows or private amenity space.

In terms of impact on privacy of No. 9, the development is designed to have triangular windows at first floor level, with glazing only to one side of the triangle, with plots 1 and 2 having the glazing facing to the east towards the front of No 9 and plots 3 and 4 having the glazing facing to the west overlooking the proposed parking spaces. The shape of these windows eliminates any potential overlooking of No.9’s roof lights and private amenity space. A condition is also suggested to ensure that glazing cannot be introduced to the blank elements of these windows at a later date. This complies with the RDG in terms of privacy.

As the development will be located within a primarily residential area, consideration must be given to the amenity of the future occupants of the development from the nearby residential properties. The location of the development is such that the only property likely to affect the proposed development is No.9 Hare and Hounds Lane.

Impact from No. 9 Hare and Hounds Lane on the development.

No. 9 hare and Hounds Lane has 2 roof lights overlooking the development at 10m separation to the proposed ground floor lounge windows. As shown on the plans in the agenda, this does not allow for an acceptable separation between the windows of the properties and would result in an unacceptable loss of privacy for the occupiers of the proposed development. Amended plans have been received showing the same window design to the ground floor lounge windows as the bedroom windows above them. This will prevent overlooking from No.9 to the proposed development and is therefore in compliance with the RDG.

3. Impact on Visual Amenity The National Planning Policy Framework (NPPF) sets out 12 core planning principles that should underpin both plan-making and decision taking. Relevant to design and visual amenity is that planning should:  “always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings”.

The NPPF further points out that good design is indivisible from good planning (paragraph 56).

There is a mix of residential styles in the area, with both traditional semi detached properties and a more recent detached property on Hare and Hounds Lane and detached houses from the 1970’s to 1980’s surrounding the rest of the site. It is considered that the proposed 4 dwellings are large enough to create a grouping of their

POA Planning Applications Committee - 3rd April 2018 14 own and therefore there are no strong grounds to refuse planning permission on the design, character or cohesive nature of the development.

4. Impact on Highway Safety Warwickshire County Council have been consulted and consider that with 14 garages on site there is potential for 28 vehicle movements per day based on a vehicle being taken out each day and returned later. They acknowledge that the proposed development would likely result in fewer vehicle movements associated with the site. This is particularly important for a single lane carriageway. The submission of amended plans to show a larger turning area to cater for larger vehicles, means that Highways are satisfied that there is adequate provision for larger vehicles to manoeuvre in a forward manner out of the site do not object to the proposal subject to the imposition of conditions.

5. Other Matters Warwickshire County Council Archaeology have commented that the application site is in an area of significant archaeological potential in connection with the area of medieval pottery production at Chilvers Coton, Nuneaton. Archaeological excavation in 1971 identified eight 13th Century pottery and tile kilns and a further six 14th Century pottery kilns on sites lying adjacent to the east (MWA5145) and approximately 20m north (MWA5144) of the proposed development site. They have therefore requested a condition is added to deal with such matters.

The Coal Authority has confirmed that the application site falls within the defined Development High Risk Area. Consequently, within the application site and surrounding area there maybe are coal mining features and hazards which need to be considered in relation to the determination of this planning application. They state that historic unrecorded underground coal mining activities may have taken place beneath the site at shallow depth. The applicant has submitted a Coal Mining Risk Assessment and the Coal Authority agree with the recommendations to carry out intrusive ground investigations in the form of boreholes in order to investigate ground conditions and the depth and condition of shallow coal seams. A condition is added to deal with this.

REASONS FOR 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.

SCHEDULE OF 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 Location Plan 2016/10-03/SLP 15/01/2018 Amended Block Plan 2017/125CN/04/RevB 23/02/2018 Amended Proposed Floor 2017/125CN/03/RevC 27/02/2018 Plans and Elevations Ground Floor Separation 2016/10-03/001 15/01/2018 Distances

POA Planning Applications Committee - 3rd April 2018 15 First Floor Separation 2016/10-03/001 15/01/2018 Distances Swept Path: Supermarket Delivery Van 2016/10-03/003 23/2/2018

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 unit shall be occupied until the parking and manoeuvring 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.

5. No development except site clearance shall commence until a written scheme of intrusive site investigation works to establish any coal mining legacy issues on the site to inform remedial measures necessary to ensure the safety and stability of the proposed development. This shall be submitted to and approved in writing by the Council and The Coal Authority’s Permitting Team and include:

i. a scheme of intrusive site investigations to properly assess the ground conditions and the potential risks posed to the development by past shallow coal mining activity; ii. the results of any gas monitoring and a scheme of proposed remedial works for approval; and iii. the implementation of those remedial works prior to commencement on site.

6. No development shall commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the Council. The report shall include: i. detailed results of the fieldwork, and ii. an Archaeological Mitigation Strategy detailing the mitigation measures to avoid any adverse impact on any archaeological findings.

7. The first floor bathroom windows to the front elevation serving plots 2, 3 and 4 shall not be fitted or subsequently maintained other than in non-opening obscure glazing. The first floor bedroom windows and ground floor lounge windows to the front elevation shall not be provided other in the manner shown on the approved plan with glazing to plots 1 and 2 only facing to the West and plots 3 and 4 only facing to the East.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and en-acting that Order) no extensions or outbuildings shall be erected in the rear garden of any plot.

POA Planning Applications Committee - 3rd April 2018 16 Site Plan

POA Planning Applications Committee - 3rd April 2018 17 Site Layout

POA Planning Applications Committee - 3rd April 2018 18 Elevations

POA Planning Applications Committee - 3rd April 2018 19 POA Planning Applications Committee - 3rd April 2018 20 Floor Plans

POA Planning Applications Committee - 3rd April 2018 21 Item No. 2 REFERENCE No. 035351

Site Address: 92a Wheat Street, Nuneaton

Description of Development: Variation of conditions 2 3 and 4 of permission 034172 to allow changes to hours of use and to increase floor area of gym

Applicant: Nuneaton and Bedworth Leisure Trust

Ward: AB

RECOMMENDATION: Planning Committee is recommended to grant planning permission, subject to the conditions printed.

REASON FOR SITE VISIT: To assess the impact on residential amenity in relation to the hours of operation and increased use and the access and parking situation.

INTRODUCTION: Variation of conditions 2, 3 and 4 of permission 034172 to allow changes to hours of use and to increase floor area of gym at 92a Wheat Street, Nuneaton.

The proposed unit is a two-storey brick and steel clad building situated on Wheat Street, Nuneaton. The building is brick built at a low level and then covered in grey steel cladding over the rest of the structure. The front elevation of the building has several openings which are a legacy of the older industrial use which formally operated from this unit.

The rear boundary of the site is formed by the rear wall of the building and adjoins the gardens of numbers 1-13 (odd) Cooper Street. To the front of the building is a car park used by the customers of the NB Leisure Trust Gym at the Empire on Leicester Road.

To the east of the site is the railway, and to the west of the site is 92 Wheat Street which is an office building.

RELEVANT PLANNING HISTORY:  034172: change of use from B1/B8 to mixed use B1/B8/D2 (to include use partly as a gym): Approved: 24/08/2016.

 032884: Continued use of land as a car park in connection with NB Leisure Trust gym on Leicester Road: Approved: 3/10/2014.

POA Planning Applications Committee - 3rd April 2018 22 RELEVANT PLANNING POLICIES:  Saved Policies of the Local Plan 2006: o EMP 3 – Redevelopment of existing sites o EMP 14 – Protecting employment land o ENV14 – Supplementary Planning Guidance / Supplementary Planning Documents.  Residential Design Guide 2004.  National Policy Planning Framework (NPPF).  National Planning Practice Guidance (NPPG).

CONSULTEES NOTIFIED: Severn Trent Water, NBBC Environmental Health, WCC Highways, NBBC Planning Policy, Network Rail

CONSULTATION RESPONSES: No objection subject to conditions from: NBBC Environmental Health

No objection from: WCC Highways

No response from: Severn Trent Water, Network Rail and NBBC Planning Policy

NEIGHBOURS NOTIFIED: 78-88 (even), 85, Flat 1-4 89, 91-99 (odd), North Warwickshire Finance 92, 98, 101, 105, 107, 109, 111, 113, Nationwide Autocentre, Wheat Street, 1, 2, 3, 4 Valley Flats, Oaston Road, Nuneaton Denture Services 77-79, 100-108 (even), Central Insurances Limited 110 Regent Street, 1-13 (odd) Cooper Street, Trent Road Garage, Trent Road, Arbury Service Station 3 Silver Trees Drive, Bulkington.

Neighbouring properties were sent letters notifying them of the proposed development on 17th January 2018.

NEIGHBOUR RESPONSES: There have been 5 letters of objection from 4 addresses. The comments are summarised below;

1. Very loud music is audible in nearby houses 2. The dropping of weights also causes noise disturbance 3. Intensification would have an impact on traffic and on-street parking 4. Impact on the quality of life of surrounding residents through intensification and noise 5. Potentially creating or exacerbating health issues 6. Increased air pollution, traffic and noise from vehicles

A petition of 18 signatures has also been received raising the following additional points:

1. Highway safety

POA Planning Applications Committee - 3rd April 2018 23 2. The use has already operated outside of allowed hours of use

APPRAISAL: The key issues to assess in the determination of this application are; 1. The principle of the variation and sustainability 2. The impact on the town centre and the sequential test 3. The impact on residential amenity and noise 4. The impact on highway safety and car parking.

1. Principle of the Variation and Sustainability The proposal is to vary conditions 2, 3 and 4 of the previous permission. These variations are to approve amended plans (condition 2), extend the house of use (condition 3) and increase the floor area allowed for the gym use (condition 4).

It is noted that the plans submitted by the applicant under this application do not accurately show the previously approved area of the gym, and instead state that a much larger area is actually is use, and then show the part proposed to be extended. It is not considered to be an issue however, as this section 73 application will assess the removal/variation of previously prescribed conditions and the substitution of these proposed plans. The entire proposed floor area will then be assessed as part of this application and the fact the plans show a larger area ‘as existing’ is effectively superfluous to the argument.

The NPPF (National Planning Policy Framework) establishes the need for the planning system to achieve sustainable development and that this is composed of three particular ‘dimensions’; economic, social and environmental (paragraphs 6 and 7). The NPPF also supports a presumption in favour of applications for sustainable development (paragraphs 49 and 197). In broad terms, this means that the application should be approved providing that it is in accordance with the development plan and other policies within the NPPF, unless material considerations or adverse impacts indicate otherwise (paragraphs 14 and 187).

2. The Impact on Town Centre and the Sequential Test The proposed use is classified as a main town centre use within Annex 2: Glossary of the National Planning Policy Framework (NPPF) by way of it being ‘Heath & Fitness Centre’, in this case as a small gym operated in addition to the larger gym facilities at the Empire Gym on Leicester Road, Nuneaton. Paragraph 24 of The NPPF states a sequential test should be applied to all main town centre uses which are not in an existing centre, and are not in accordance with an up-to-date plan. In this case the change of use would result in a town centre use in an out of centre location which is not in accordance with the saved Local Plan, or the emerging Borough Plan.

However, since the use has already been assessed under a previous permission it is merely the extension in hours, and in floor area which is to be considered under this permission.

Overall it is considered that given the diminutive size of the extension to this proposed use and the fact that it is in the next sequentially preferable location to the town centre, the proposals impact on the town centre will be minimal. It is considered that the proposal would not cause any significant harm to the vitality or the viability of the town centre.

POA Planning Applications Committee - 3rd April 2018 24 3. Impact on Residential Amenity and Noise In regard to the impact on residential amenity, there are a number of residential properties to the rear of the site which are on Cooper Street and back on to the site. There are also properties on Wheat Street which front on to the site, and those on Regent Street who are close to backing on to the side of the site.

The proposed use will take place on the first floor of the existing building, and there are to be no external works to facilitate this use.

There may be some minor increase in vehicle movements, however, it is considered that given that the proposed hours of use should not cause any significant harm. This is especially so given the small scale nature of this part of the gym, which would not physically be able to cater for many customers at only 232m2.

The applicant has applied to extend the hours to allow the D2 use to operate not other than between the hours of;

07:00 and 22:00 Monday to Friday, 07:30 and 20:00 on Saturdays and 08:00 and 18:00 on Sundays and Bank Holidays.

Environmental Health have been consulted and have some concerns so have asked for the hours to be reduced from those proposed slightly to;

07:00 and 22:00 Monday to Friday, 08:00 and 19:00 on Saturdays and 09:00 and 18:00 on Sundays and Bank Holidays.

This is considered acceptable and will be added as a condition to any approval.

Overall therefore it is considered that there would be no significant harm to residential amenity from noise and disturbance and the intensification of the use with adequate conditions.

4. Impact on Highway Safety and Car Parking In regard to highway safety and car parking provision, objectors have commented that car parking on site is already insufficient and that the increase would have a knock-on effect on parking and traffic. It must be recognised that the current situation with car parking is an on-going and pre-existing issue that cannot be addressed through the determination of this particular planning permission. That said, this proposed use could be argued to legitimately require off-street car parking.

Following the publication of the NPPF (with particular reference here to paragraph 214) the Council’s SPG ‘Car Parking Standards Guide 2003’ now carries only minimal weight. These standards were maximum standards in any case and were to discourage the creation of masses of car parking, not to safeguard against insufficient car parking.

In this case the Car Parking Standards Guide 2003 recommends for, a D2 use such as a gym that 1 space is provided for every 22 square metres, this use is to increase to 232 square metres, so it is reasonable to suggest a maximum of 10 spaces for this gym use. With this in mind, the existing use of the unit is a B1 office use which, according to the Car Parking Standards Guide suggests a maximum of 1 space per 30 metres squared. This means that the use of these 232m2 is currently capped at a maximum of 7/8 spaces (although obviously this is incorporated across the whole site), the new use will allow an additional 2-3 spaces.

POA Planning Applications Committee - 3rd April 2018 25 The car park that serves this development is shared by workers of NB Leisure Trust based in the office at Wheat Street, and the customers of the NB Leisure Trust Gym at the Empire on Leicester Road. It currently has 45 spaces for cars, 6 for motorcycles and 2 disabled spaces.

In regard to car parking therefore, it is considered that given that the Car Parking Standards now only carry very minimal weight, and that they are and always were maximum standards, the additional 2-3 space maximum that the guide would allow for a D2 use over a B1 use is not a reason for refusal.

In regard to highway safety, the Highways Authority have not objected to the proposed increase in floorspace and there are no other reasons to have concern over highway safety as a result of this Section 73 application.

It is therefore considered that refusal on highway safety or car parking grounds would be difficult to defend on any appeal and are not justifiable reasons for refusal for this on this planning application.

SCHEDULE OF 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 Exg. & Prop. Floor Plans 2017/11-05/101B 9th January 2018 Site Plan N/A 3rd June 2016

3. The use shall not operate other than between the hours of 07:00 and 22:00 Monday to Friday, 08:00 and 19:00 on Saturdays and 09:00 and 18:00 on Sundays and Bank Holidays.

4. The floor area of the gym (D2) and servicing area related to this use hereby approved shall not exceed the proposed floor area of 232 metres squared unless otherwise approved in writing by the Council.

POA Planning Applications Committee - 3rd April 2018 26 Site Plan

POA Planning Applications Committee - 3rd April 2018 27 Existing Plan Proposed Plan

POA Planning Applications Committee - 3rd April 2018 28 PLANNING APPLICATIONS

Item No. 3 REFERENCE No. 034076

Site Address: Site 31A002 - Land off Higham Lane, Nuneaton

Description of Development: Erection of 453 dwellings and associated infrastructure

Applicant: Persimmon Homes

Ward: WE

RECOMMENDATION: The period of consultation expires on the 13th April 2018; subject to no new issues being raised at the end of this period, the Head of Development Control be given delegated authority to grant planning permission.

INTRODUCTION: This is a full planning application and was originally for 493 dwellings but has been reduced to 453 during the application process. The proposal will provide detached, semi detached and terraced houses and some detached bungalows. The proposal comprises a mixture of 1, 2, 3 and 4 bedroom homes, 25% of the proposal is to be affordable housing.

The site is approximately 2.5km north of Nuneaton Town Centre and partly abuts the urban area of the St Nicolas Park Estate. The site was formerly agricultural use but has not been farmed for some years, resulting in the site starting to become overgrown. The site comprises of approximately 19.06 hectares.

Whilst the site does not provide any amenity buildings; there are existing shops and schools within the St Nicolas Estate and amenity buildings, including a new local centre; doctors surgery and schools are proposed on the two adjacent planning application sites of Callendar Farm (outline recently approved subject to the signing of a 106 legal agreement and Top Farm (not yet determined).

The western site boundary which provides the primary vehicular access is off Higham Lane south of Whitehouse Farm and the boundary continues to the corner of Milby Drive. The southern limit of the site bounds the rear gardens of Milby Drive. Milby Drive at this point is mainly houses/bungalows both semi’s and detached.

To the south east, the site abuts the rear boundary hedge separating the site from the bungalows in Norwich Close. These bungalows are predominantly detached. To the east, the site abuts the access road to Nuneaton Fields Farm. The plans show an indicative line across the boundary of Nuneaton Fields Farm to provide a vehicular POA Planning Applications Committee - 3rd April 2018 29 access to link into the proposed Callendar Farm development. This is to provide a Northern Relief Road as required under the new Emerging Local Plan. This provides the main spine road for the development and includes footpaths and a cycle way.

The northern boundary partly abuts the A5 but then steps inwards to follow the hedgeline of the boundary of the proposed Richborough Estate planning application.

The site provides two attenuation ponds for sustainable drainage. These are close to Change Brook which transects the site.

The proposal includes a 5 metre wide wildlife buffer to the northern edge with the creation of a small pond for wildlife including Great Crested Newts (GCN) migrating from Top Farm. Two new 4 metre deep ponds have already been created in the north of the site ready for translocation of any GCN that may be found on the site. The GCN ponds are located in an area of public open space that includes a skateboard park and Multi Use Games Area (MUGA). This area is proposed to be adopted as open space by NBBC. This open space continues into the centre of the site where a Local Equipped Area for Soft Play (LEAP) will be provided. An emergency access is to be provided between the north and south of the site.

BACKGROUND: Notwithstanding the level of objection, this application is being reported to Committee at the request of Councillor Kondakor.

RELEVANT PLANNING HISTORY:  TP/0482/92: Nine-hole pay as you play golf course and driving range: Deemed Refused 05.02.1996.  TP/0745/9: Change of use from agricultural to nine-hole golf course and driving range: Withdrawn 25.08.1992.  TP/0746/91: (Outline) Hotel, Leisure club, Restaurant, petrol station and associated facilities: Withdrawn 25.08.1992.  TP/0271/88: Change of use of land (approx. 17m deep) to the rear of Nos 9- 89 (odd) Milby Drive from agricultural to domestic garden land: Refused 05.12.1988. Appeal Upheld 30.08.1989.  840672: Residential development (Rear of 9-89 Milby Drive): Refused 09.01.1985.  025091:Residential development (Outline application): Refused 09.01.1985.

Current adjacent sites;  035338: Site 31A003 - There is an outline application for land to the north of the site (Richborough Estates) with all matters reserved other than access for up to 200 residential dwellings with associated parking, access roads, public open space, landscaping, sustainable drainage and associated works (corner of Higham Lane and Watling Street). Yet to be determined.  034615: “Site 31b001” - Watling Street/ Callendar Farm. Outline residential application of up to 850 dwellings with vehicular access with mixed use local centre including retail development and community buildings (A1 to A5 D1 and D2 use classes) and primary School. Approved subject to the signing of a 106 agreement.  035279: Top Farm – (opposite side of Higham Lane). Outline application of residential dwellings, mixed-use district centre (Class A1 to A5) and community and/or health centre uses (Class D1), a primary school plus land

POA Planning Applications Committee - 3rd April 2018 30 safeguarded for a secondary school and 6th form (Class D1). To be determined.

RELEVANT PLANNING POLICIES:  Saved Policies of the Local Plan 2006: o H3 - Affordable Housing; o H5 - Housing Capable of Adaption; o H6 - Planning Obligations; o ENV2 - Area of Restraint; o ENV3 - Rural and Urban Countryside; and o ENV14 - Supplementary Planning Guidance / Supplementary Planning Documents.  Affordable Housing SPD 2007.  Residential Design Guide 2004.  National Policy Planning Framework (NPPF).  National Planning Practice Guidance (NPPG).

CONSULTEES NOTIFIED: Highways England, Environment Agency, DEFRA, Natural England, Coal Authority, Severn Trent Water, Open Space Society, Sport England, George Eliot Trust, Warwickshire Wildlife Trust, Warwickshire Fire and Rescue, Warwickshire Police, Ramblers Association, Cadent Gas, Western Power Distribution, Stagecoach, WCC Highways, WCC Public Health/NHS Warwickshire North Clinical Commissioning Groups/West Midlands Ambulance Service Trust, WCC Archaeology, WCC Flood Risk Management, WCC Infrastructure, WCC Tree Officer, WCC Rights of Way, North Warwickshire Borough Council, Hinckley and Bosworth Borough Council, NBBC Policy, NBBC Parks and Tree Officer, NBBC Sports and Recreation, NBBC Environmental Health, NBBC Refuse and Cleansing, NBBC Housing and NBBC Drainage.

CONSULTATION RESPONSES: No objection subject to conditions/notes from: Warwickshire Wildlife Trust, Environment Agency, Severn Trent Water, Cadent Gas, Warwickshire Police, Warwickshire Fire and Rescue, WCC Flood Risk Management, WCC Archaeology, WCC Highways, NBBC Environmental Health and NBBC Housing.

No objection subject to S106 obligations from: Sport England, George Eliot Trust, Warwickshire Police, WCC Public Health/NHS Warwickshire North Clinical Commissioning Groups/West Midlands Ambulance Service Trust, WCC Highways, WCC Infrastructure – contributions towards; Transport Safety, Transport Operations - bus service provision; cycling provision; Education; Libraries and Rights of Way, NBBC Parks and NBBC Sports and Leisure. No objection from: Highways England, DEFRA and Stagecoach.

Comments from: Hinckley and Bosworth Borough Council and North Warwickshire Borough Council.

No comment from: Natural England and Coal Authority.

POA Planning Applications Committee - 3rd April 2018 31 No response from: Severn Trent Water, Western Power Distribution, Open Space Society, Ramblers Association, WCC Tree Officer, NBBC Tree Officer, NBBC Refuse & Cleansing, NBBC Drainage and NBBC Policy.

NEIGHBOURS NOTIFIED: SWORD, Nuneaton Society, Pegasus Planning Group (Agent to Callendar Farm application), Hollow Farm, Old Hollow Farm, Callendar Farm, Swallow House, Nuneaton Fields Farm, 283, 291, 321, 321a, 331, 333, 335, 337, 339, 341, 315, 341, 343-359 (odd) Watling St. 1-19 (inc) 7A, 9a, 18a, ,21, 23 Overbrook Grange Watling Street, 1, 7-107(odd), 91a, 67, 87 Milby Drive, 290, 431, 433 Whitehouse Farm, Higham Lane, 14, 19-37 (incl) 43 Norwich Close, 140 Lutterworth Road and 5 Weft Way.

Neighbouring properties were sent letters notifying them of the proposed development on the 4th and 6th May 2016 and amended plan letters were sent on the 18th November 2016 and the 15th November 2017. Site notices were erected on street furniture on the 6th May 2016 and the application was advertised in The Nuneaton News on the 20th May 2016.

NEIGHBOUR RESPONSES: There have been 45 letters of objection from 36 addresses as well as 4 anonymous letters. The comments are summarised below; 1) The Council have failed to address traffic problems and delays in Nuneaton, affecting human rights and time wasting in queues. a. Pollution in relation to above traffic problems. b. Already problems with traffic getting onto A5 from surrounding roads. A5 is busy and road works on this are not due until 2020. Development should not be approved before this work. Will also increase congestion on A47. All the impact of future development needs considering on the local roads. c. Milby Drive and Higham Lane is already busy with parking school traffic causing attendance by Police on occasions and extra traffic will be safety issue for the children attending the local schools and increased risk to cyclists. 2) Traffic Assessment does not have up-to-date plans. All the new development should be considered in the Assessment. 3) Already lost bus service in St Nicolas Park Estate needs bus service through development in accordance with their traffic assessment. 4) Will affect whole of Higham Lane. Already difficult to sleep in house in Higham Lane due to traffic. 5) Proposed cycle route will not be used. 6) Roundabouts will cause more problems. 7) Flood Risk Assessment and Habitat Management Plans do not reflect adjacent land uses. 8) Changebrook has never flooded. Concerns that development will cause flooding thus lowering house value and increased insurance and stress. 9) Site already floods and could exacerbate flooding to existing homes if built as existing properties are lower. 10) Querying layout as some of the houses appear to be in the secondary flooding area shown in the flood assessment. 11) Land is ENV2 and ENV3 land under current local plan and shouldn’t be built on.

POA Planning Applications Committee - 3rd April 2018 32 12) As no new local plan has been approved, development should not go ahead until impact is understood. 13) If this is the additional housing provided for Coventry then it has no mandate to do so. 14) Unsustainable development as no shops or employment created within development. 15) A new town should be developed but not on Green Belt. 16) Inability to do Local Plan is causing issues. 17) Need to build on Bermuda and Collycroft not this side of town. 18) Houses will not be affordable. 19) Already insufficient Doctor and school places and concerns about infrastructure in local hospital, transport and leisure. The doctor’s surgery promised in 2011 has not been built. Infrastructure needs building first. Higham Lane School will lose its good reputation. 20) Existing house prices are at a premium development, will devalue these. Will require rate review if these houses are built. 21) Will cause overlooking, loss of peace and views. 22) Recommends waiting until existing development is complete and then consider if they are needed as much of the new development in Nuneaton is not occupied. 23) Should be supporting farmers. 24) How much more farm land will be developed? will it be until we combine with Atherstone or Coventry? 25) With work that has gone on already, it is obvious application will be granted. 26) Loss of wildlife including birds, bats, badgers, Great Crested Newts and frogs that travel to the field ponds. Translocation of GCN should be last resort. 27) Loss of ecological and biodiversity including loss of pond. Loss of hedgerow to Higham Lane. 28) Should retain existing wildlife corridor near existing houses and pull development to north of site. 29) Needs a 4m bank and meadow around whole of perimeter so internally can be built less intensively. 30) Wildlife protection is paramount especially for children. 31) Stream passing through site will be affected. 32) Will provide a loss of birdlife. 33) Need more green spaces. 34) Bats on the site won’t be considered. 35) Existing bungalows in Norwich Close are north facing and proposal will have a great impact on these properties in terms of loss of light and sense of enclosure. Can the houses not be changed to bungalows in this area? For which there is a great demand. 36) Existing hedge is within boundary line of gardens in Norwich Close. 37) Only one entrance into development raises concern about access for emergency services. 38) Statement of Community Involvement does not reflect any 106 amounts. 39) Do not believe that the proposed Northern Relief Road will relieve traffic. 40) Housing design is out of keeping with the area, high density and intrusive. 41) Appreciate need for houses but must be built sympathetically. 42) The design would cause parking in front of existing neighbouring properties. 43) No links to St Nicolas Park or Milby Drive and too many cul-de-sacs. 44) Objections will be ignored anyway.

POA Planning Applications Committee - 3rd April 2018 33 45) This is clearly over development in the area, being detrimental to local residents in terms of noise, air pollution and disturbance. 46) No evidence to ensure that sustainable transport will be made available as not come into fruition on the new developments in the area too date. 47) Transport modelling used does not include all the proposed developments that are likely to be carried out at the same time. 48) Traffic flow needs to be in a normal week not in a school half term.

Two letters of objection from the Nuneaton Society raising the following points; 1) Houses aren’t required for sustainable growth and they do not conform to local policy. 2) NBBC failed to meet economic need to encourage businesses and jobs. The Borough has only half the jobs of the working population. NBBC failed to make a local plan to ensure sustainable development. 3) No jobs, healthcare provision or school places for the new development. 4) Development will cause more traffic in the Air Quality Management Area. 5) Brownfield needs developing first.

Letter from Amec Foster Wheeler on behalf of adjacent Top Farm stating; 1) Being in talks and access should be amended to a signalised junction to future proof development at Top Farm. 2) Concerns on aspects of the proposed T junction which would impact the future crossroads development for Top Farm; a) Pedestrian refuse inadequate. b) Swept path shows turning right into development is insufficient. 3) Concerns with Paramics modelling. 4) Concerns how Northern Relief Road will be delivered.

APPRAISAL: The key issues to assess in the determination of this application are; 1. The Principle of Development. 2. Design and Layout of proposal. 3. Travel, Transportation and Highway Safety. 4. Flooding and Drainage. 5. Archaeology. 6. Open Space, Protected Species, Biodiversity and Ecology 7. Noise, Air Quality and Contamination. 8. Planning Obligations.

1. Principle of Development Paragraph 7 of the National Planning Policy Framework 2012 (NPPF) states: The three dimensions to sustainable development: ● 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

POA Planning Applications Committee - 3rd April 2018 34 natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

It is made clear in the NPPF that these roles should not be undertaken in isolation, because they are mutually dependent. Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The NPPF and National Planning Practice Guidance (NPPG) are also material considerations in the determination of planning applications.

It is recognised that the Council currently does not have a five year supply of deliverable housing land. This however is likely to change should the Emerging Borough Plan be found sound by an Inspector and subsequently adopted. As things stand currently though, the Borough cannot demonstrate a supply to meet the identified housing need, mainly because of the low rate of completions over the past few years; this in itself is a matter which weighs in favour of the application.

At the Local Plan Inquiry for the 2006 Local Plan, the Inspector stated in his report that the plan should attempt to give greater flexibility and cater for medium and long term housing need. This gave rise to 2 separate areas of land designation: Area of Restraint (ENV2) and Countryside (ENV3) to allow for long term protection and medium term protection respectively of the designated areas of land as opposed to the permanent protection of the Green Belt allocation. The overriding intention of these designations of ENV2 and ENV3 was to protect the area’s inherently open character, through the promotion of the sequential process for releasing land for development.

The land is designated as ENV3 in the 2006 Borough Plan. This policy states: ENV3 Planning permission will only be granted for development in the countryside if it: a. is necessary to meet the needs of farming, forestry, agriculture, recreation, tourism and other enterprises with an essential requirement to locate in the countryside; or b. represents a land use for which there is a demonstrable need which cannot be met within the urban area; or c. relates to the reuse of existing buildings, provided the proposed uses are generally acceptable in the countryside and in accordance with Env5; or d. relates to the limited extension or alteration of an existing building.

Development satisfying a, b, c or d above, will only be permitted provided that: (i) It would not harm the overall character and quality of the countryside. (ii) The type and amount of traffic generated would not cause harm to the surroundings. (iii) It presents a sustainable opportunity for development. (iv) The design and materials of the development should be of a high standard in keeping with the scale and character of the locality; and (v) The loss of the best and most versatile agricultural land is minimised.

In setting limits on areas where development including housing can come forward it is considered that policy ENV3 is therefore clearly relevant for the supply of housing. With this in mind paragraph 49 of the NPPF is relevant and states that ‘housing supply policies’ are considered out-of-date where Councils cannot demonstrate a 5 year housing land supply. If that is the case then development should be considered in line with the presumption in favour of sustainable development (paragraph 14 NPPF). It has already been accepted by this Council that in order to fulfil the housing need, it is necessary to designate ENV3 land for future housing provision, as laid out in the

POA Planning Applications Committee - 3rd April 2018 35 Emerging Borough Plan. In this case it seems clear that the current designations, which are effectively housing supply policies, are therefore considered out-of-date and the presumption in favour of sustainable development comes to the fore.

The Borough Plan is currently emerging as policy, and as such paragraph 216 of the NPPF is relevant, this states that from the day of publication decision makers may give relevant weight to emerging plans, with regard had to their; stage of preparation, the extent to which unresolved objections exist, and the degree of consistency with the relevant NPPF policies.

A Planning Inspector has been appointed and the examination has commenced. The initial Stage 1 has been undertaken and the Borough Plan Stage 2 Examination and the hearing commenced on the 20th February 2018.

The site is within land allocated within HSG1 of the emerging plan, which is a much larger allocation for Housing of around 3,300 dwellings with other facilities. The policy states: Policy HSG1 – North of Nuneaton Strategic housing site HSG1 will be developed for a mix of residential, schools, local centres and community uses.

Key Development Principles: 1. Provision of circa 3331 dwellings in a mix of dwelling types and sizes. 2. Potential on-site GP surgery or financial contribution to new GP or expanded surgery in north Nuneaton area. 3. Provision of a district centre and a local centre including community facilities. 4. Provision of 2 form entry primary school (circa 210 pupils) and funding including provision for early years. 5. Financial contribution towards and provision of a new secondary school located off Higham Lane with community use sports provision to include 6 grassed football pitches for youth/ junior provision with changing facilities, full-sized floodlit artificial grassed pitch, indoor 6 court sports hall, changing facilities and indoor health and fitness facility with minimum of 100 station gym and dance studio. 6. Accessible cycling routes to the school site from housing development with secure cycle storage facilities for community use. 7. Provision of land and contribution to a new ‘community park’ in the western part of the site. 8. Provision of land and contribution to a new ‘community park’ in the eastern part of the site created by the expansion of the existing POS area off Buttermere Avenue. 9. Provision of land and contribution to a new ‘community park’ in the southern part of the site incorporating the Change Brook Open Space. 10. Provision of land and contribution to new allotments in the eastern and western part of the site. 11. Financial contribution towards appropriate management and maintenance of POS. 12. Financial contribution towards the upgrading of play facilities at the Change Brook Open Space. 13. Financial contributions towards sport and physical activity. 14. Provision of a strategic access road/spine road through the site with integrated footway and cycleway provision. 15. Provision of on-site bus infrastructure and contribution to secure diversion of local bus services to access the strategic housing site based on dialogue with Warwickshire County Council and bus operators. 16. Transport improvements/upgrades required along Higham Lane, The Long Shoot and Weddington Road as a result of the development.

POA Planning Applications Committee - 3rd April 2018 36 17. Financial contributions towards Borough wide strategic highway infrastructure works identified within the Nuneaton area. 18. Contribution to local sewage network improvements to improve biological treatment capacity to accommodate the development.

Form of Development 19. Retain higher ground (above 90m AOD) for appropriate open space treatment. 20. Incorporate the Change Brook and existing PRoW (N29) within the green/open space network. 21. Local informal public open space along the Northern edge of the development along with appropriate landscape treatment. Dwellings should address the open space from the south. 22. Development restricted along the western edge of the strategic site to retain undeveloped land which falls within the setting of the listed church. 23. Use lower densities and 1-2 storey dwellings toward the northern edge of development with a maximum height of 3 storeys located toward the existing urban edge. 24. Average density of 35 dwellings per hectare with lower densities concentrated toward the new urban edge. 25. Retain visual presence of historic farmsteads (particularly from urban edge) and where possible retain a buffer of fields to preserve the isolated character. 26. A historic building appraisal will need to be undertaken where development will affect a historic farmstead. 27. Green spaces should reflect the irregular field patterns and boundaries. 28. Enhance the National Cycle Route 52 Weddington Country Walk LWS with regards to access, ecological function and historic setting. 29. There is strong east-west connective along various hedgerows within the proposed area and these should be retained and enhanced to form one-two green infrastructure corridors throughout the site. 30. Protected species surveys will be required and their habitat requirements retained and connectivity enhanced within any development layout.

Landscape Buffer 31. Development must not extend beyond the northern boundary of the site in order to preserve a farmland buffer between the A5 and edge of residential development. The northern boundary should also be enhanced to soften the development edge through new tree and hedgerow planting along with small copses of trees in field corners.

There has been no Agricultural Land Classification survey provided with this application. The Agricultural Land assessment is split into 4 grades with grade 1 been considered to be the most excellent quality agricultural land, followed by grade 2 being very good quality agricultural land. Grade 3 is designated as good to moderate agricultural land. Grade 3 is subdivided into 3a described as good quality agricultural land and 3b being moderate quality. (MAFF Agricultural Land Classification 1988. Subgrade 1, 2 and 3a is defined in paragraph 026 of the NPPG as the “best and most versatile agricultural land” (BMV). Grade 3b is not afforded the same level of protection in planning policy. NBBC’s detailed Mapping system for the site is contradictory as the broad mapping system shows the site mainly as grade 2 land whereas our detailed mapping system shows the land mainly as grade 3b with a small area within grade 3a. Natural England classifies the site as very good.

Paragraph 112 of the NPPF states that;

POA Planning Applications Committee - 3rd April 2018 37 ‘Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.’

This policy then goes on to state that Natural England has a statutory role to advise Local Planning Authorities in relation to the protection of good agricultural land. Natural England have been consulted and have not raised any objection in relation to the loss of this agricultural land.

Notwithstanding this, the land has not being farmed for some years and therefore there is no demonstration that the loss of the land would be detrimental to an existing working farm especially as there is no farm buildings within the development site. In addition the area is now overgrown and may take some work to bring it back into agricultural use. It is therefore considered that the loss of agricultural land in this instance only carries a moderate balance as a reason for refusal.

The Application Site is located in National Character Area 72: Mease/Sence Lowlands. At a county level, the Application Site is located within the Mease Lowlands character area and Estate Farmlands Landscape Character Type, as identified by the Warwickshire Landscape Guidelines. Landscape Character Background Paper - At a Borough level, the site and its context are located within Landscape Character Area 2: Anker Valley Estate Farmlands, as identified in the Nuneaton and Bedworth Landscape Character Assessment, part of the Land Use Designations Study. The published assessment describes the area as: “…a gently undulating lowland vale comprising arable farming with pasture present closer to settlement fringes. The strong pattern of hedgerows and clusters of hedgerow trees in combination with linear woodlands helps to break up and filter views of the frequent urban edges.”

In terms of visual amenity, point 21 of Policy HSG1 of the Emerging Plan states that the visual impact to the north must be considered. The application site addresses this by retaining a hedgerow on the northern edge to which part is extended into a wildlife buffer. The most northerly part of the site has been left open and will be used for play and open space. This part of the play and open space is located within the Landscape Buffer Zone mentioned within policy HSG1. In line with para 216 of the NPPF this policy has only limited weight given the stage of the plan. Although this has been present in documents consulted on with the public, an Inspector has not commented nor has the plan been through full examination.

The rationale for the Landscape Buffer is primarily based on landscape character, and that the land close to the A5 should remain clear of urban development since it would be overly prominent. However, it is considered that play and open space is acceptable and the lack of housing land takes precedence over the protection of the landscaped buffer at this stage of the development plan preparation.

National guidance, in the NPPF, identifies a need to boost the housing supply across the country, and sets out the requirement for Councils to fully and objectively assess housing need across the housing market area, and to have regard to co-operation with neighbouring authorities. Paragraphs 47, 157 and 159 of the NPPF are most applicable to identifying housing need. Within paragraph 47 there is a requirement for local authorities to identify a deliverable five year housing land supply to meet the need identified through the Local Plan process. There is also the need to ensure choice and

POA Planning Applications Committee - 3rd April 2018 38 competition in the market for land and with this in mind a 5% buffer is further required and this increases to 20% where there is a persistent under delivery of new homes.

On 6th September 2017 the Council Cabinet agreed an updated Five Year Land Supply position. This used a Borough Housing Requirement figure of 14,060 (703 per annum) houses over the plan period from 2011-2031. The Statement identifies two main methods for assessing the under-supply of housing which have both been used nationally; the Liverpool Method and the Sedgefield Method. The two methods result in slightly different figures, Liverpool Method (703 dwellings per year over the plan period) gives 5.75 year supply including a 20% buffer and the Sedgefield Method (1403 dwellings per year over the next 5 years) gives a 4.14 year supply with a 20% buffer. The reasons for the difference between these two figures is to do with the calculation of the shortfall over the entire plan period (Liverpool Method) rather than making up any shortfall within the 5 year period (Sedgefield Method).

Calculations for a 5 year supply of readily available housing land is generally made by these two accepted methods. As there has been persistent under delivery of completions over the last few years within the Borough, and as some of the allocations are within the Green Belt, they are unlikely to come forward for development in advance of the Plan being adopted.

As things stand currently though, the Borough cannot demonstrate a supply to meet the identified housing need, mainly because of the low rate of completions over the past few years, and the amount of housing designations which are in the Green Belt which will not come forward except through the local plan process, and that this in itself is a matter which weighs significantly in favour of the application.

It is therefore considered that the principle of development of delivering housing is acceptable

2. Design and Layout of Proposal 113 of the 453 properties are to be affordable units. In total 85 of the dwellings are proposed to be rented properties; 8 one bedroomed units, 45 two bedroomed, 32 three bedroomed. (This gives 75% of the total affordable units).

The proposed shared ownership unit totals 28 units; 12 two bedrooms and 16 three bedrooms. (This gives the remaining 25% of the affordable units.)

The affordable units are evenly dispersed across the site and do not differ to the similar size market houses in layout or design.

The proposal is largely two storey houses with a few 2.5 storey houses (rooms in the roof). Some of the residents of the neighbouring bungalows in Norwich Close asked the Developer to consider building bungalows adjacent to Norwich Close. The Developer has taken this into consideration and there is now a number of bungalows being proposed adjacent to these properties.

The design and layout of the scheme has evolved over time. Discussions have been ongoing and the Developer has taken on our requests for amended design to ensure the proposed houses fit as close as possible with the local character. Windows include brick header arches and windowsill detailing. Consideration has been given to feature plots on corners and these properties have been provided with faux chimneys and dual elevations. New models of houses have also been created specifically for this site.

POA Planning Applications Committee - 3rd April 2018 39 The majority of houses have two parking spaces and some also have a garage although due to the increasing size of cars, standard garages are no longer considered appropriate as a parking space so are in addition to the proposed parking. Some of the smaller houses have 1.4 spaces per unit. Communal parking is limited and is only used where there is natural surveillance. There is a mix of parking to the side of properties; parking to the front and in some cases where the properties are feature plots, parking is to the rear.

The layout has changed and improved over time and The Residential Design Guide is met across the site to the surrounding existing properties and within the scheme itself.

It is therefore considered that the layout and design is acceptable for both existing properties and for future occupiers.

3. Travel, Transportation and Highway Safety. Highways England and WCC Highways Authority have both been involved during the application process and now have no objection subject to conditions and a 106 legal agreement.

The main access is proposed to be a signalised junction from Higham Lane with an emergency access close to this to the south. A second access linking this site to The Long Shoot (across Nuneaton Fields Farm through to the Callendar Farm planning application site) is proposed. This will provide part of the proposed Northern Nuneaton Link Road required in the Emerging Borough Plan.

The impact of the development has been assessed utilising the Nuneaton and Bedworth Area Wide Model. The Transport Assessment; TRICS (Trip rates data) and Modelling provided with the application has been independently assessed by County Highways and Highways England. The outputs demonstrated that to ensure the development was able to come forward fully the Northern Nuneaton Link Road between Higham Lane and The Longshoot is essential. Currently the property of Nuneaton Fields Farm separates the proposal from Callendar Farm. The current land owner of the application site is willing to purchase Nuneaton Fields Farm in order to provide the link through; however they state that this can only be achieved once consent for the scheme is granted and after some of the housing on the site has been developed out. This also ties in to the fact that the Highways Authority will not allow 453 houses to be built off one vehicular access. Our Legal Team are confident that by limiting the build out and occupation to 250 houses prior to the link road being installed, is an acceptable way of assuring the provision of the link road.

It is considered that there will also be impacts on the A47 Hinckley Road Corridor between Nuneaton Town Centre and the A4254 Eastboro Way Corridor. The Highway Authority has now received confirmation from the Department for Transport that these junction have secured funding through the National Productivity Investment Fund (NPIF) to support delivery of the signalisation and capacity increase with the removal of the former railway bridge over the A47 Hinckley Road. Funding has also been secured to support the delivery of the capacity enhancement at the A47 Hinckley Road / A47 The Longshoot / A4254 Eastboro Way Roundabout Junction.

Due to the cumulative impact the Highway Authority has identified the full cost of the highway mitigation schemes to enable the delivering of the housing and employment allocations within the submitted emerging Plan and as identified within the Infrastructure Delivery Plan. Where funding will not be provided by national government, it is proposed to be funded via a legal agreement so that each new house

POA Planning Applications Committee - 3rd April 2018 40 pays for these improvements. The charge to each new house is currently levied at £3,305 per dwelling equating to a total sum of £1,497,165.00 and of which the Developer is willing to pay.

In relation to sustainable transport measures, by the securing of land to provide the Link Road connection to The Long Shoot this can promote a full bus service along the link road and the layout has been amended to include the future provision of bus stops and shelters and the provision of which will be via a 106 agreement and within the road adoption process.

The site is located on the periphery of Nuneaton, approximately 4km from the town centre. Whilst cycling has the potential to be a viable mode of transport for new residents, there is currently no dedicated cycling provision serving the site. A cycle way is proposed within the development along the spine road (Link Road).

In 2015, Warwickshire County Council carried out a feasibility study on provision of a cycle route which would connect the new residential developments on the Long Shoot to the town centre, local shops, schools, rail station and nearby employment sites (through connecting with existing cycle routes). The proposed route broadly consists of:  a dedicated cycle route on the north side of the A47 between the A5 – Eastboro Way;  a 200m length of cycle route on the west side of Eastboro Way from the A47 junction to south of Camborne Drive;  widening of the existing footpath which extends through open space from Eastboro Way to Oaston Road;  provision of a new bridge over the flood culvert near Oaston Rd;  on-road measures to connect to the town centre.

Engineers have estimated the cost of providing this route at £1.4m. This route is included in the draft Emerging Borough Local Plan Infrastructure Delivery Plan and payment towards this is to be included in the legal agreement.

It is therefore considered that highway safety, travel and transportation can be made acceptable via a legal agreement including 106 contributions and conditions.

4. Flooding and Drainage The site is identified to be mainly in Flood Zone 1 where land is considered to be at low risk of fluvial/tidal flooding. However The Change Brook transects the site and the area closest to the brook is Flood zone 2,3a and 3b. There is a second area identified in the Flood Risk Management for surface water flooding running south to the boundary with Milby Drive.

No development has been provided within Change Brook flooding area and the Developer/Environment Agency have advised that the area of surface water flooding within the site will cease to exist due to the proposed on site drainage within the site. As part of the Flood Risk Strategy runoff from the site has to be dealt with via attenuation and this is provided on the site in the form of two attenuation ponds to the south of the site.

Severn Trent Water, The Environment Agency and WCC Flood Risk Team have been consulted on the proposal. All have no objection subject to conditions covering the submission of a surface water and foul drainage scheme.

POA Planning Applications Committee - 3rd April 2018 41 It is therefore considered that flooding and drainage is acceptable via condition.

5. Archaeology The site is in proximity to a roman road and previous archaeological finds have previously been excavated in the area. As the application was a full planning application, WCC Archaeology insisted on some initial trial trenching to ensure that the development would not significantly destroy archaeological remains. This has been carried out on site and County have removed their objection subject to a further study via condition.

Therefore it is considered that archaeological issues can be met via conditions.

6. Open Space, Protected Species, Biodiversity and Ecology The site is currently dominated by disused arable land with a number of hedgerows and trees and ponds which provide ecological value at the local level. The area has been described in the evidence base for the Emerging Borough Plan as largely poor semi-improved grassland, with a small patch of semi-natural broad-leaved woodland.

Play and open space The development proposes green infrastructure and formal/informal play and open space. The areas are largely to be adopted by the Council except for; the green space towards the front of the development; the attenuation ponds and associated drainage infrastructure and the wildlife buffer to the rear of plots 1 to 239. These will be maintained by a private maintenance contract provided by the Developer.

The proposed adopted area will include a LEAP (ten pieces of equipment for the under 13s); skateboard park and MUGA. A pedestrian and cycle network will permeate through the site, providing access to the surrounding areas and new open space provision.

Trees The application proposes limited tree removal within the site; only three of which are considered to be class ‘B’ trees (classified as of moderate value to be desirably retained). No class ‘A’ trees (classed as high value trees where retention is most desirable) are to be removed. One of the boundary trees with Higham Lane is proposed to be felled but this is a category C tree and the tree report considers this Ash tree is exhibiting decline with die back and substantial dead branches and as having a potential highway safety issue.

The proposal has aimed to retain as many of the hedgerows as possible including the ones that provide wildlife links. However, a number of hedgerows are to be removed including the hedge facing onto Higham Lane. The hedgerows that are to be removed are considered to be of poor value and have a ‘C’ classification (lower value).

Protected species Evidence for the presence of GCN was found at one of the ponds that is to be filled in, and clear evidence for nesting birds and foraging/commuting bats was also found. There was also evidence of possible badger activity but no permanent setts.

Due to the removal of the pond which is suitable for breeding for GCN; a wildlife corridor has been provided to the north of the site including a small pond to provide a corridor for GCN and other mammals. It is intended that this will provide a route so that GCN from Top Farm can breed with the population within the site. This wildlife corridor will link up with the adopted open space and also provide a link to the planning

POA Planning Applications Committee - 3rd April 2018 42 application site to the north which is still under determination. As this corridor would also provide a potential area for antisocial or criminal activity this will be fenced to allow the movement of mammals but to prevent pedestrian access. This area will be maintained by a private management company rather than the Council.

Two new 4 metre deep ponds have been provided to the north of the site to provide a new viable area for GCN and will provide a translocation site for any newts found within the site. These ponds have already been created in the event the application is approved as they take some time for the water to become acceptable for wildlife.

Biodiversity and Ecology The open space is to be enhanced with tussock grass and wild flowers and the remaining hedgerows will be gapped to provide habitat and foraging. Tree planting is proposed to the open space to the north of the site to comply with emerging policy HSG1 to provide landscaping and also to encourage habitat around the newly created GCN ponds. Bird and bat bricks are also proposed to dwellings.

The NPPF paragraph 108 states that the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible.

In order to provide a benchmark for assessing the loss of biodiversity; the Developer has used the Biodiversity Metrics created by DEFRA and piloted and used by Warwickshire County Council. Both Coventry, Warwickshire and Solihull have adopted this particular methodology to assess biodiversity on applications and where there have been losses it has been used as a reason for refusal and supported at Appeal.

The calculation concluded that there will be a loss of biodiversity. NBBC Parks have worked closely with the Developer’s Ecologist to address ways the loss can be reduced within the site which is the most preferable place to address any shortfalls. Unfortunately despite this, there is still a loss of biodiversity. The way this is normally dealt with is via a payment from the Developer to the County’s Environment Bank to enhance land elsewhere. The disadvantage of this is that the monies could be used outside of the Borough. In this instance the Developer has agreed to pay the contribution direct to NBBC in order that the money can be used to enhance and create biodiversity within the Borough.

The nearest sites identified and agreed with the Developer are for improvements at the Attleborough Recreation Ground, Tomkinson Road playing pitches and The Dingle Park. This money will be paid via a 106 agreement towards financing meadow creation through herbicide treatment, cultivation, seeding and 30 years cut and remove maintenance, plus 10% for management and admin costs and 5% indemnity insurance against difficulties reaching target habitat condition. This will ultimately mean the development of the site will provide a net gain of biodiversity.

Accordingly, it is considered that following the inclusion of the mitigation and enhancement measures set out, the proposed development would not result in any likely significant adverse effects in regard to ecological receptors. The onsite enhancements can be done via conditions and the off-site via the 106 provision.

Sport and Leisure Services Sport England and NBBC Sport and Leisure Services have commented on the application and neither object to the proposals. NBBC Leisure Services request financial contributions towards leisure facilities in the Borough. Sport England support

POA Planning Applications Committee - 3rd April 2018 43 NBBC’s request for financial contributions and do not object to the scheme subject to the agreement of suitable contributions towards outdoor sports facilities.

In the planning balance, it is therefore considered that subject to conditions and contributions the proposal can be made acceptable in terms of Open Space, Protected Species, Biodiversity and Ecology.

7. Noise, Air Quality and Contamination The NPPF states that planning policies and decisions should aim to: “avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development; mitigate and reduce to a minimum other adverse impacts on quality of life arising from noise from new development, including through the use of conditions.

A Noise Assessment has been submitted with the application and the Council’s Environment Health Team are confident that acceptable noise levels can be met via condition.

The Proposed Development lies approximately 1.6 km northeast of an Air Quality Management Area (AQMA) testing for exceedances of the annual mean nitrogen dioxide objective. The development will lead to an increase in traffic on the local roads, which may impact on air quality at existing residential properties. The new residential properties will also be subject to the impacts of road traffic emissions from the adjacent road network. The main air pollutants of concern related to traffic emissions are nitrogen dioxide and fine particulate matter. No Air Quality Report has been submitted with the application, however the Council’s Environmental Health Team have not objected on the grounds of air quality. In addition it is expected that the proposed Northern Relief Road should reduce the traffic on existing roads and thereby ultimately provide an improvement in the area.

The Council’s Environmental Health Team have requested the four standard contamination conditions to deal with any potential contaminated land. The consultation process raised concerns from local residents about the potential for a foot and mouth burial site. Unfortunately whilst Defra were consulted due to this possibility, they confirmed that the whereabouts of this was not recorded. However again the Council’s Environmental Health are confident that in the eventuality of these being found, that these can be dealt with via the standard contamination conditions.

8. Planning Obligations The NPPF sets out that the planning obligations should be considered where otherwise unacceptable development could be made acceptable. However, both paragraph 204 of the NPPF and Section 122 (2) of the CIL Regulations note that these obligations should only be sought where they meet 3 tests: (a) Necessary to make the development acceptable in planning terms; (b) Directly related to the development; and (c) Fairly and reasonably related in scale and kind to the development.

One of the core planning principles outlined within paragraph 17 of the NPPF also outlines the need for planning to take account of and support local strategies to improve health, social and cultural wellbeing for all, and deliver sufficient community and cultural facilities and services to meet local needs.

It is therefore necessary to have regard to these three tests when considering the acceptability of planning obligations.

POA Planning Applications Committee - 3rd April 2018 44 There have been requests for contributions to be made to the development as set out in the table below:

Consultees and Reason for Outcome Total amounts Contribution with Developer George Eliot Contribution towards agency staff for A&E Developer Hospital Trust. attendances, non-elective admissions, elective Agreed to Total fee admissions, DC admissions, Outpatient pay £261,147. appointments and diagnostic imaging, based on a formula to derive a contribution per property constructed. NHS England Capital contribution from the developer towards Developer North Clinical the construction costs of a new primary care Agreed to Commissioning facility surgery at Church Lane, Weddington. pay Groups/West (£339,905). This cost will be allocated to the Midlands construction of upper floors, a roof and the stairs Ambulance Group. of the new proposed GP practice. £341,405 Trigger of contribution to be agreed with the CCG and NHS.

Payment to Provide Automated External Defibrillator within the area (£1,800). Warwickshire Contribution towards recruitment and equipping Developer Police officers and staff, police vehicles and premises Agreed to £56,378 based on a formula approach to derive a pay contribution based on the number of dwellings constructed.  Recruitment and equipping of officers and staff £8,379.  New Police vehicles £11,624.  New office accommodation £36,375. WCC Highways £3,305 per dwelling. Provided into two Developer Infrastructure payments based on the phasing. The money Agreed to £1,497,165.00 will be utilised for; pay  Prior to the first occupation of the development the provision of a sum of £100,000.00 for the implementation of the junction improvement at the A47 Hinckley Road / Higham Lane Junction to be held for a period of 5 years.  Prior to the occupation of the 150th dwelling the provision of a sum of £400,000.00 for the implementation of junction improvements on the A444 Leicester Road / A47 Hinckley Road Junctions on the approach to the Nuneaton Town Centre Ring Road to be held for a period of 5 years.  Prior to the occupation of the 400th dwelling the provision of a sum of £997,165.00 for the implementation Eastboro Way Link

POA Planning Applications Committee - 3rd April 2018 45 Capacity Enhancements to be held for a period of 10 years. WCC Road Safety Sustainable Travel Packs. Contribution of £75 Developer £33,975 per dwelling – on commencement of each Agreed to phase; for the provision of information packs for pay owners and Occupiers of the Dwellings which include information on sustainable modes of transport and to help promote sustainable travel and road safety in the local area. NBBC agreed can be carried out via condition not within the 106. WCC Sustainable Secured through Section 38. To improve the Developer Transport frequency of the service. An additional bus Agreed to Operation operating between 0700 and 1900 on pay £450,000 Mondays to Saturdays would be required with annual payments as follows:-  £130,000 prior to occupation of the 50th dwelling  £110,000 2nd year.  £90,000 3rd year.  £70,000 4th year.  £50,000 5th year. WCC Sustainable Provision of new Bus stop infrastructure through Developer Transport the new development for 2 no. pairs of new bus Agreed to Planning Bus stops (i.e. 4 bus stops in total) – to consist of pay Service a bus stop pole, raised bus boarding area and £68,000 the provision of a bus stop clearway marking box; and 4 no. new bus shelters at a selection of the bus stops.  £24,000. For 4 no. provision of new bus stops within the new development.  £24,000. For 4 no. bus shelters provided at the bus stops.  £20,000. A commuted sum covering the maintenance of 4 no. bus shelters over a period of 5 years. WCC Cycling For the implementation of the cycling Developer Provision infrastructure improvements between the Agreed to £400,000.00 development site and Nuneaton Town pay Centre.

Phased in two payments first being provided on occupation of the 150th dwelling and the final payment on the occupation of the 300th dwelling. WCC Education  Based on a formula approach to derive a Developer £2,633,158. contribution per property constructed. Agreed to  £241,395. Contribution for Early Years/Pre- pay school to increase provision within 2 miles of the development.  £1,206,975. Primary school places through the expansion of existing or new provision within 2 miles of the development.

POA Planning Applications Committee - 3rd April 2018 46  £38,730. Primary additional Special Educational Needs and Disability (SEN) learning support facilities at new primary provision in the north of Nuneaton.  £1,079,908 Additional secondary school provision within 3 miles through expansion of existing places at Higham Lane, Etone College, St Thomas More and George Eliot or new secondary provision in the north of Nuneaton.  £66,150 Additional SEN learning support facilities for existing provision or at new secondary provision in the north of Nuneaton WCC Libraries Contribution for the expansion of service to Developer £9,825 meet customer needs generated by the Agreed to residential development. pay  Monies will be used to improve, enhance and extend the facilities or services of a specified library service point where local housing development will mean an expected increase in numbers of people using those facilities. This may include purchase of additional stock, targeted collections, additional seating/study spaces or related facilities, improved family facilities and targeted promotions to inform new residents of services available to them.  The calculation will be applied - (av. % of residents who are members of the library within the county x n° of expected inhabitants of development) x cost per visit 2013/14. WCC Rights of Improvements to public rights of way within a Developer Way £8,056 1.5 mile radius of the development site. These Agreed to improvements include upgrading stiles to gates, pay bridge improvements and path surface improvements. NBBC Affordable Affordable housing to be delivered in tandem Developer Housing. Based on with the market housing; Agreed to 25% of total 75% Affordable rent. pay dwellings at 453, 25% Shared ownership. total provision is 113 dwellings. NBBC Sports, £1,917.64 X 453 = £868,688.74 Contribution for Developer Recreation & offsite capital contribution (includes 10% project Agreed to Community management delivery and contingency costs) pay Facilities to support enhancements at the; £1,450,935  Pingles Leisure “Hub” site.  Jubilee Sports Centre and / or a new school site to the north of Nuneaton.  Ambleside Sports and Social Club.  Nuneaton Club 4 Young People.

POA Planning Applications Committee - 3rd April 2018 47 To include additional water space, gym facilities, dance studio community grass pitches, increase in court capacity, extensions for new facilities, changing facilities, car parking, health and fitness and sport and recreation enhancements and refurbishments, allowing additional capacity for new residents of the borough, based on a formula approach to derive a contribution relating to the number of properties being constructed.

To be spent within 10 years due to the infrastructure and planning required for facilities of this nature. NBBC Parks – Destination Park - Riversley Park. Towards Developer Play & Open visitor facility improvements; refreshments and Agreed to Space. toilets. pay £284,525.62  Capital contribution £115,342.45  Maintenance contribution £35,495.56  Design & Management @10% capital cost £11,534.25 Community Park - on site provision.  To maintain onsite provision £57,919.88 Local Park - on site provision.  To maintain onsite provision £28,582.95 Higham Lane allotments - To increase allotment capacity and provide ancillary facilities.  Capital contribution £18,169.83  Design & Management @10% capital cost £1,816.98 Sandon Park – Playing Pitch. Towards changing facility; capacity increase and ancillary facilities.  Capital contribution £10, 170. 70  Maintenance contribution £4,475.95  Design & Management @10% capital cost £1,017.07 POS to the south of the spine road be provided on occupation of 100th house NBBC Parks To finance meadow creation through herbicide Developer Biodiversity treatment, cultivation, seeding and 30 years cut Agreed to Offsetting and remove maintenance, plus 10% for pay £62,156.98 management and admin costs and 5% Total units 3.27 indemnity insurance against difficulties reaching target habitat condition.  0.86 units of biodiversity value at Attleborough Recreation Ground north of the play area.  0.23 units at Attleborough Recreation Ground south east of the play area.  0.46 units to the east of the football pitch in Tomkinson Road.  0.69 units to the north and west of the play area in Tomkinson Road.

POA Planning Applications Committee - 3rd April 2018 48  1.66 units to the west of the football pitch. west of the football pitch in Tomkinson Road. 1.14 units at The Dingle.

REASONS FOR 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 and the signing of a legal agreement, that 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.

SCHEDULE OF CONDITIONS: 2) The development shall not be carried out other than in accordance with the plans contained in the following schedule: Description Reference number Date Received Location Plan NUN/LOC/01 10th Nov 2017 Detailed Planning Layout Nun/01 Rev AS 16th March 2018 Planning House Types Rev G 8th March 2018 Proposed Section NUP-J 15th February 2018 Proposed Section NUP-T 15th February 2018 Adoption & Management Plan Nun/06 Rev P 16th March 2018 Phasing Plan Nun/14 16th March 2018 Affordable Housing Location NUN/12 Rev B 16th March 2018 Street Hierarchy Plan Nun/02 Rev N 16th March 2018 Boundary Treatment Plan AG/NUN-BT Rev K 16th March 2018 Proposed Plan of Plots Permitted NUN/02 Rev J 16th March 2018 for Occupation Affordable Housing Statement Revision F March 2018 8th March 2018 Noise Assessment March 2018 13th March 2018 Geophysical Report 15/208/ Nov – 15 22nd April 2016 Archaeological Trial Trench Evaluation 16/143 June-July 2016 23rd August 2016 Materials Palette April 16 22nd April 2016 Ecological Assessment & May 16 Rev A 19th May 2016 Protected Species Report-Update Arboricultural Report Oct 2016 8th November 2016 Flood Risk Assessment Part 1 Issue 2 AAC 5317 04.01.17 3rd October 2017 Flood Risk Assessment Part 2 Issue 2 AAC 5317 04.01.17 3rd October 2017 Conceptual Levels and Drainage AAC5317 SK2_1 Rev A 16th January 2018 Strategy, created 10.2016 Flood Extents Plan AAC5317 SK1 Rev A 16th January 2018 created December 2017 Landscape Strategy Document Feb18 JBA 15/180 DC01 9th February 2018 Landscape Masterplan for Plots & POS SK01 Rev H 13th February 2018 Landscape Masterplan for Plots & POS SK02 Rev H 13th February 2018 Landscape Masterplan for Plots & POS SK03 Rev H 13th February 2018t Detailed Hard & Soft POS Landscaping 15/180-01 Rev E 13th February 2018 Detailed Hard & Soft POS Landscaping 15/180-02 Rev E 13th February 2018h Detailed Hard & Soft POS Landscaping 15/180-03 Rev E 13th February 2018 Detailed Hard & Soft POS Landscaping 15/180-04 Rev E 13th February 2018

POA Planning Applications Committee - 3rd April 2018 49 Detailed Hard & Soft POS Landscaping 15/180-05 Rev E 13th February 2018 Detailed Hard & Soft POS Landscaping 15/180-06 Rev E 13th February 2018 Detailed Hard & Soft POS Landscaping 15/180-07 Rev E 13th February 2018 Detailed Hard & Soft POS Landscaping 15/180-08 Rev E 13th February 2018

3) Notwithstanding the submitted landscaping plans, no development including site clearance shall commence until a Landscaping Strategy Management Plan (LSMP) and full landscaping plans have been submitted to and approved in writing by the Council. The approved scheme for each phase shall be carried out within 12 months of the commencement of its relevant phase.

4) No development including any site clearance shall take place in any phase, until a Construction Ecological Management Plan (CEMP) has been submitted to and approved in writing by the Council. The approved CEMP shall be adhered to throughout the construction period. The CEMP shall include details of: a. any pre- construction checks required; b. the species safeguards to be employed; c. appropriate working practices and timings of construction works; d. site clearance methods; e. the extent of buffer zones and stand-offs for sensitive ecological features; and f. what to do if protected species are discovered during construction. g. Details of the body or organisation responsible for the implementation and ongoing management, monitoring and remedial actions of the plan, including the mechanism for funding. The CEMP shall also include details of a suitably qualified Ecological Clerk of Works to oversee implementation of the CEMP and address any contingency measures where appropriate. The CEMP will set out key operations and associated points at which written reports will be submitted by the Ecological Clerk of Works to the Authority evidencing implementation of the contents of the CEMP through dated photographs and associated text. The approved plan will be implemented in accordance with the approved details. The above conditions for Ecological works monitoring arrangements including a timetable covering all key stages and on site actions including what operations an ecologist will be present at and routine submission of written reports including dated photographic records of works and visits at each key stage. The above conditions conform to the British Standard BS 42020:2013 Biodiversity: Code of Practice for Planning and Development.

5) No development including any site clearance shall take place until a Biodiversity Enhancement and Management Plan has been submitted to and approved in writing by the Council. The approved BEMP shall be adhered to throughout the construction period and will include a method statement for the translocation of GCN and other reptiles. The content of the method statement shall include the: a) Purpose and objectives for the proposed work; b) Detailed design and/or working method(s) necessary to achieve stated objectives; c) Extent and location of proposed works shown on appropriate scale maps and plans; d) Timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction; e) Persons responsible for implementing the works shall be carried out in strict accordance with the approved details and shall be retained in that manner thereafter.

6) No development shall commence until an Arboricultural Method Statement has been submitted and approved in writing by the Council. No tree or hedgerow other than those shown within the Arboricultural Report October 2016 received on the 8.11.16 shall be removed unless otherwise agreed. No construction works shall commence until

POA Planning Applications Committee - 3rd April 2018 50 measures for the protection of the trees and hedges to be retained have been provided and approved in writing by the Council and the agreed measures are to be implemented in full during the course of development. The submitted information must include details of a no dig methodology in relation to Tree T8 and T19. The scheme shall conform to BS5837:2012. The general dead wooding and ivy removal recommended within the Arboricultural assessment (para 4.3.6) and within appendix 4 must be carried out in all Play and Open Spaces prior to adoption.

Any tree or plant (including any replacement) which, within a period of five years from the implementation of that phase, 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

7) No development, groundworks or remediation shall be undertaken until a phasing plan is submitted and approved in writing by the Council. The Phasing Plan shall provide details of the sequence and timing of development across the entire site, including: a. The provision of all major infrastructure including accesses, roads, footpaths and cycle ways and bus stops and shelters: b. Residential dwellings; c. Provision of public open space; d. Provision of ecological and landscaping enhancement areas. The development, and the release of dwellings for occupation, shall not be carried out other than in accordance with the approved Phasing Plan.

8) No development shall commence until full details of the lights used during construction and external lights and lighting columns for the development of that phase including those on the proposed adopted highway have been submitted to and approved in writing by the Council. The lighting scheme shall be developed with the input of a suitably qualified ecologist to outline how the lighting scheme avoids potential negative effects upon the habitats used by foraging and commuting bats. The scheme will include a lighting contour lux diagram demonstrating that there will be no increased light reaching ecological habitat and corridor areas from permanent lighting- including from the lighting for the adopted highway. Full details of lamp columns, luminaires, cowls / shrouds etc must be submitted. The approved plan will be implemented in accordance with the approved details.

9) No construction will be undertaken until a Construction Management Plan which should contain a Construction Phasing Plan is submitted and approved in writing by the Council and Highways Authority. The details should include; a) Details to prevent mud, debris and obstructions on the highway. b) Compound locations. c)Contractor parking arrangements. d) Schedule of HGV delivery times and phasing. e) An HGV routing Plan. Only the agreed details shall be implemented on site and shall be adhered to throughout the duration of construction.

10) No development shall take place until the flood modelling has been submitted to and approved in writing by the Council in consultation with Warwickshire County Council. The findings from the model should thereafter be incorporated into the final site layout using the sequential approach and in accordance with national guidance on development within floodplain.

POA Planning Applications Committee - 3rd April 2018 51 11) No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles, the approved FRA, and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Council in consultation with the LLFA. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall: - Demonstrate that the surface water drainage system(s) are designed in accordance with ‘The SuDS Manual’, CIRIA Report C753. - Limit the discharge rate generated by all rainfall events up to and including the 100 year plus 40% (allowance for climate change) critical rain storm to the QBar Greenfield runoff rate for the site. - Demonstrate the provisions of surface water run-off attenuation storage in accordance with the requirements specified in ‘Science Report SC030219 Rainfall Management for Developments’. - Demonstrate detailed design (plans, network details and calculations) in support of any surface water drainage scheme, including details of any attenuation system, and outfall arrangements. Calculations should demonstrate the performance of the designed system for a range of return periods and storm durations inclusive of the 1 in 1 year, 1 in 2 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods. - Provide plans and details showing the allowance for exceedance flow and overland flow routing, overland flow routing should look to reduce the impact of an exceedance event. - Provide a maintenance plan to the Council giving details on how the entire surface water systems shall be maintained and managed after completion for the life time of the development. The name of the party responsible, including contact name and details shall be provided to the Council.

12) No development shall commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Council. The scheme shall be implemented in accordance with the approved details before the dwellings are occupied.

13) The development permitted by this planning permission shall not be carried out other than in accordance with the location of attenuation ponds as detailed in Conceptual Levels and Drainage Strategy, Drawing Number AAC5317 SK2_1 Revision A, created 10/2016, and Drawing Number SK2_2 Revision A, created 10/2016 and Flood Extents Plan SK1 A created December 2017.

14) On completion of the attenuation ponds, the developer must procure a post installation inspection of balancing features by ROSPA (or a similarly recognised safety body agreed by the Council). Based on the recommendations of the approved site visit, a report must be submitted providing details of the signage and fencing recommended at the site visit. Once approved by the Council, these safety measures are to be installed and maintained in perpetuity by the Developers Management Company.

15) No development shall commence on any phase until: a) A contaminated land assessment and associated remedial strategy for that phase, has been submitted to, and agreed in writing by the Council. b) The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. c) If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed

POA Planning Applications Committee - 3rd April 2018 52 and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the Council before the additional remediation works are carried out. The agreed strategy shall be implemented in full prior to completion of the development hereby approved and d) 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 Council.

16) No development shall take place within the area highlighted in blue on the attached plan until: i) a Written Scheme of Investigation (WSI) for a programme of archaeological evaluative work has been submitted to and approved in writing by the Local Planning Authority. ii) the programme of archaeological evaluative work and associated post-excavation analysis, report production and archive deposition detailed within the approved WSI has been undertaken. A report detailing the results of this fieldwork shall be submitted to the Council. iii) An Archaeological Mitigation Strategy document (including a Written Scheme of Investigation for any archaeological fieldwork proposed) has been submitted to and approved in writing by the Council. This should detail a strategy to mitigate the archaeological impact of the proposed development and should be informed by the results of the archaeological evaluation. The development, and any archaeological fieldwork post-excavation analysis, publication of results and archive deposition detailed in the Mitigation Strategy document, shall be undertaken in accordance with the approved Mitigation Strategy document.

17) No development shall commence until full details of the boundary treatments for that phase, including new walls, fences, retaining walls, have been submitted to and approved in writing by Council. No dwelling shall be occupied until the agreed boundary treatment has been carried out in accordance with the approved details.

18) 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.

19) No development shall take place until a scheme for the provision and management of a 4 metre wide buffer zone alongside the Change Brook shall be submitted to and agreed in writing by the Council. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the Council. The buffer zone scheme shall be free from built development including lighting, domestic gardens and formal landscaping; and could form a vital part of green infrastructure provision. The schemes shall include:  Plans showing the extent and layout of the buffer zone.  Details of any proposed planting scheme (for example, native species).  Details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management.  Plus production of detailed management plan.  Details of any proposed footpaths, fencing, lighting etc.

20) No development shall commence until details of the construction of the two emergency access have been submitted to and approved by the Council (these need POA Planning Applications Committee - 3rd April 2018 53 to demonstrate the roads can support a 16 ton fire appliances and details of how these roads will be maintained). The development shall not be occupied until provision has been made in accordance with the approved details.

21) No development shall commence until full details of the proposed glazing, ventilation and fencing in accordance with the recommendations of the Acoustic Air Limited report paragraphs 5.3 to 5.9 has been submitted and approved in writing by the Council. No dwelling shall be occupied other than in accordance with the approved details.

22) No development shall commence until details of a 2m high fence and gates is provided to the buffer zone (to prevent public access to the north of plots 1 to 239 whilst providing egress for mammals). These plots shall not be occupied until the approved fence and gates have been erected in accordance with the approved details and maintained in perpetuity thereafter unless otherwise agreed in writing by the Council.

23) No development shall commence until a scheme for the provision of adequate water supplies and fire hydrants, necessary for fire fighting purposes at the site, has been submitted to and approved in writing by the Council. The development shall not be occupied until provision has been made in accordance with the approved details.

24) No development shall commence until a Management Plan providing the proposed details of the private maintenance of the green areas including the wildlife buffer not being adopted. The approved Management Plan shall be implemented in full in perpetuity unless agreed otherwise by the Council.

25) No development shall take place in any phase until details of the layout of the open space, including the equipped play area, public open space, ecological and landscaping enhancement areas, boundary details (including knee rail fencing), site securing (including gates, trip rails and kissing gates), surfacing, drainage, bins, seating, signage and notice/information boards, has been submitted to and approved in writing by the Council. No development shall be carried out other than in accordance with the approved details.

26) No development shall commence until details of the specification for bird bricks and bat bricks and their precise locations within buildings, shall be submitted to and approved in writing by the Council. The approved bricks shall be installed before the occupation of that plot.

27) No development shall commence until detailed design arrangements and technical drawings, in accordance with preliminary drawings ADC1274/002 Rev D (Provided within the Additional Transport Assessment) shall be submitted and approved in writing by the Council. Prior to first occupation of the development the access to the site from Higham Lane shall be constructed, located and laid out in general accordance with the approved arrangements and technical drawings. Minor alterations maybe required during the detailed design process.

28) No more than 250 dwellings can be occupied until completion and opening of the Northern Link Road is provided between Higham Lane, A5 and/or the A47 The Longshoot.

29) The development shall be constructed and laid out in accordance with the approved site plan Nun/01 Rev AS and street hierarchy plan Nun/02 Rev N. Minor

POA Planning Applications Committee - 3rd April 2018 54 alterations maybe required during the detailed design process and technical approval process under Section 38 of the Highways Act 1980.

30) No more than 175 dwellings can be occupied until completion and opening of the emergency access is provided onto Higham Lane

31) No dwelling shall be occupied until details of Sustainable Welcome Packs (including public transport information) has been submitted and approved in writing by the Council for each phase. The approved packs shall be provided prior to the first occupation of that dwelling.

POA Planning Applications Committee - 3rd April 2018 55 Location Plan

POA Planning Applications Committee - 3rd April 2018 56 Proposed Layout

POA Planning Applications Committee - 3rd April 2018 57 Proposed Plan - House Type NUP- Z

POA Planning Applications Committee - 3rd April 2018 58 Proposed Elevations – House Type NUP- Z

POA Planning Applications Committee - 3rd April 2018 59 Proposed Plan and Elevations - House Type NUP- B

POA Planning Applications Committee - 3rd April 2018 60 Proposed Plan and Elevations - House Type NUP- B (render)

POA Planning Applications Committee - 3rd April 2018 61 Proposed Plan and Elevations - House Type NUP - X

POA Planning Applications Committee - 3rd April 2018 62 Proposed Plan and Elevations - House Type NUP - XA

POA Planning Applications Committee - 3rd April 2018 63 Proposed Plan and Elevations - House Type NUP - E

POA Planning Applications Committee - 3rd April 2018 64 Proposed Plan and Elevations - House Type NUP - E (plot specific)

POA Planning Applications Committee - 3rd April 2018 65 Proposed Plan and Elevations - House Type NUP – G

POA Planning Applications Committee - 3rd April 2018 66 Proposed Plan and Elevations - House Type NUP- J

POA Planning Applications Committee - 3rd April 2018 67 Proposed Plan and Elevations - House Type NUP – J – (render)

POA Planning Applications Committee - 3rd April 2018 68 Proposed Plan and Elevations - House Type NUP – L

POA Planning Applications Committee - 3rd April 2018 69 Proposed Plan and Elevations - House Type NUP - L (corner plot)

POA Planning Applications Committee - 3rd April 2018 70 Proposed Plan and Elevations - House Type NUP – L (plot specific)

POA Planning Applications Committee - 3rd April 2018 71 Proposed Plan and Elevations - House Type NUP – M

POA Planning Applications Committee - 3rd April 2018 72 Proposed Plan and Elevations - House Type NUP - M (render)

POA Planning Applications Committee - 3rd April 2018 73 Proposed Plan and Elevations - House Type NUP - N

POA Planning Applications Committee - 3rd April 2018 74 Proposed Plan and Elevations - House Type NUP – N (render)

POA Planning Applications Committee - 3rd April 2018 75 Proposed Plan and Elevations - House Type NUP - P

POA Planning Applications Committee - 3rd April 2018 76 Proposed Plan and Elevations - House Type NUP – P (plot specifc)

POA Planning Applications Committee - 3rd April 2018 77 Proposed Plan and Elevations - House Type NUP - P (plot specifc)

POA Planning Applications Committee - 3rd April 2018 78 Proposed Plan and Elevations - House Type NUP – EP

POA Planning Applications Committee - 3rd April 2018 79 Proposed Plan and Elevations - House Type NUP - AB

POA Planning Applications Committee - 3rd April 2018 80 Proposed Plan and Elevations - House Type NUP - AB (plot specific)

POA Planning Applications Committee - 3rd April 2018 81 Proposed Plan and Elevations - House Type NUP - AB (plot specifc)

POA Planning Applications Committee - 3rd April 2018 82 Proposed Plan and Elevations - House Type NUP - Q

POA Planning Applications Committee - 3rd April 2018 83 Proposed Plan and Elevations - House Type NUP – Q (render)

POA Planning Applications Committee - 3rd April 2018 84 Proposed Plan and Elevations - House Type NUP - S

POA Planning Applications Committee - 3rd April 2018 85 Proposed Plan and Elevations - House Type NUP - S (render)

POA Planning Applications Committee - 3rd April 2018 86 Proposed Plan and Elevations - House Type NUP – S (corner plot)

POA Planning Applications Committee - 3rd April 2018 87 Proposed Plan and Elevations - House Type NUP - T

POA Planning Applications Committee - 3rd April 2018 88 Proposed Plan and Elevations - House Type NUP T (render)

POA Planning Applications Committee - 3rd April 2018 89 Proposed Plan and Elevations - House Type NUP – T (plot specifc)

POA Planning Applications Committee - 3rd April 2018 90 Proposed Plan and Elevations - House Type NUP - R

POA Planning Applications Committee - 3rd April 2018 91 Proposed Plan and Elevations - House Type NUP – R (render)

POA Planning Applications Committee - 3rd April 2018 92 Proposed Plan and Elevations - House Type NUP – R (corner plot)

POA Planning Applications Committee - 3rd April 2018 93 Proposed Plan and Elevations - House Type NUP – R (corner plot render)

POA Planning Applications Committee - 3rd April 2018 94 Proposed Plan and Elevations - House Type NUP - Y

POA Planning Applications Committee - 3rd April 2018 95 Proposed Plan and Elevations - House Type NUP – Y (specifc)

POA Planning Applications Committee - 3rd April 2018 96 Proposed Plan and Elevations - House Type NUP - W

POA Planning Applications Committee - 3rd April 2018 97 Proposed Plan and Elevations - House Type NUP - V

POA Planning Applications Committee - 3rd April 2018 98 Proposed Plan and Elevations - House Type NUP – V (render)

POA Planning Applications Committee - 3rd April 2018 99 Proposed Plan and Elevations - House Type NUP – V (corner plot)

POA Planning Applications Committee - 3rd April 2018 100 Proposed Plan and Elevations - House Type NUP – V (corner plot)

POA Planning Applications Committee - 3rd April 2018 101 Garage Types

POA Planning Applications Committee - 3rd April 2018 102 Item No. 4 REFERENCE No. 035368

Site Address: 2 Short Street, Nuneaton

Description of Development: Variation of condition 2 of permission 032886 to show additional window in side elevation

Applicant: Sustainable Development Consultancy Ltd

Ward: KI

RECOMMENDATION: Planning Committee is recommended to grant planning permission, subject to the conditions printed.

INTRODUCTION: Variation of condition 2 of permission 032886 to show additional window in side elevation at 2 Short Street, Nuneaton.

No 2 Short Street is a three storey building, with the side elevation facing the rear of 241 Church Road. The property consists of red bricks, and grey roof tiles, on a gabled roof. The property has windows to front on the first and second storey, with a roller shutter at ground floor. The rear elevation has one window on the first floor. The additional window has already been implemented and is on the side elevation at first floor level, facing 241 Church Road. There is another window on the side elevation, also on the first floor.

BACKGROUND: This application is being reported to Committee at the request of Councillor Longden.

RELEVANT PLANNING HISTORY:  032886: Erection of three storey building with sandwich bar (A1 use) to ground floor and offices (B1 use) to first and second floor (existing building to be demolished): Approved 08/10/2014.

RELEVANT PLANNING POLICIES:  Saved Policies of the Local Plan 2006: o ENV14 - Supplementary Planning Guidance / Supplementary Planning Documents.  Residential Design Guide 2004.  National Policy Planning Framework (NPPF).  National Planning Practice Guidance (NPPG).

POA Planning Applications Committee - 3rd April 2018 103 CONSULTEES NOTIFIED: None

CONSULTATION RESPONSES: None

NEIGHBOURS NOTIFIED: The Dog House 152, 152A, 233, 235, 237, 239, 241, Patricia Hair Fashions 241A, 243, 245, 247 Church Road; 1, 1A, 3, Impact House 4, 5, 7, Flat 1, 2, 3, 4, 5, 6 Ratcliffe Court Short Street.

Neighbouring properties were sent letters notifying them of the proposed development on 18th January 2018.

NEIGHBOUR RESPONSES: There have been 1 letter of objection from 1 address and 1 letter of comment from 1 address. The comments are summarised below;

1. Overlooking and loss of privacy.

APPRAISAL:

The key issues to assess in the determination of this application are; 1. Impact on Residential Amenity. 2. Impact on Visual Amenity.

1. Residential Amenity In terms of residential amenity, the main impact would be upon 241 Church Road. Number 241 is a dwelling house, with 2 Short Street being located at the bottom of the rear garden. The side elevation of 2 Short Street and the additional window face the rear of the property and its rear private amenity space. The distance from the additional window to the original rear wall and thus windows of the property is approximately 16.2m. This does not meet the minimum of 20m suggested in this circumstance in Section 9.3 of the Residential Design Guide (2004). The additional window is currently obscured, limiting potential for overlooking and loss of privacy. However, if the window was to remove the obscure element or to be opened, privacy and overlooking could be an issue for this property. Conditions are therefore added to the recommendation to require that the window is fitted with an appropriate level of obscure glazing and that details of how the window is to be fixed shut are to be submitted. The conditions also stipulate that the window shall remain obscure glazed and non-opening in perpetuity.

2. Visual Amenity The additional window is visible in the street scene, as the side elevation can be seen in the street scene. The window is larger than the existing window on the side elevation. However, there is no significant detrimental impact upon visual amenity.

POA Planning Applications Committee - 3rd April 2018 104 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.

SCHEDULE OF CONDITIONS:

1. The larger first floor window in the side elevation facing 241 Church Road serving the office shall be permanently maintained in obscure glazing with level 5 obscurity, unless otherwise agreed in writing by the Council.

2. Within two months of the date of this permission, details of how the larger first floor window in the side elevation facing 241 Church Road serving the office will be fixed shut. The agreed details shall be subsequently implemented on site within one month of the approval of the details and shall be subsequently maintained in perpetuity, unless otherwise agreed in writing by the Council.

POA Planning Applications Committee - 3rd April 2018 105 Site Plan

Planning Applications Committee - 3rd April 2018 106 Floor Plans & Elevations

Planning Applications Committee - 3rd April 2018 107 Item No. 5 REFERENCE No. 035430 Site Address: Site 48B004 – Haunchwood Road, Nuneaton Description of Development: Creation of new raised planting bed in private access road between 138 and 140 Haunchwood Road (access to Talbot Close, Nuneaton)

Applicant: Mr A S Cartwright Ward: BA

RECOMMENDATION: Planning Committee is recommended to grant planning permission, subject to the conditions printed. INTRODUCTION: Creation of new raised planting bed in private access road between 138 and 140 Haunchwood Road at Site 48B004 – Haunchwood Road, Nuneaton. The proposal is to site a small raised planting bed on the access to Talbot Close, off Haunchwood Road, Nuneaton. The access road is a relatively narrow access road which is sited between an older property (140 Haunchwood Road) and a row of three new houses on Haunchwood Road (134-138). The access road which leads to Talbot Close is just over 5m wide. To either side of the road is the side wall of the houses, and the boundary fences from rear gardens. The raised planting area is proposed to run partially along the side of the house at 136, and partly along the boundary fence to the rear garden of 136. The applicant has stated that the access is used informally for parking, and has provided photographic evidence of the road being used as such.

BACKGROUND: This application is being reported to Committee at the request of Councillor Longden.

RELEVANT PLANNING HISTORY:

 031047: Erection of eight houses and two bungalows. (Application for a new planning permission to replace an extant planning permission in order to extend the time limit for implementation): Approved 14/10/2011

 012667: Erection of eight houses and two bungalows: Approved 17/10/2008

Planning Applications Committee - 3rd April 2018 108  011664: Erection of 10 flats in one, 2 storey block and three terraced houses with rooms in roof space: Approved 29/10/2007

 010193: Residential development (Outline): Refused 25/11/2005

NEIGHBOURS NOTIFIED: 132, 132a, 134-140 (even), Haunchwood Road; 1-7 (inc), Talbot Close;

Neighbouring properties were sent letters notifying them of the proposed development on 20th February 2018.

NEIGHBOUR RESPONSES: None.

APPRAISAL: The key issues to consider in the assessment of this application are; 1. The impact on highway safety 2. The impact on visual amenity 3. The impact on residential amenity

1. Impact on Highway Safety The main purpose of the proposal is to locate a small raised planting area in the access road to Talbot Close. This would serve to eliminate the informal car parking which currently takes place within the road, but at the same time preserve much of the access width, by virtue of it being narrower than an average car.

WCC Highways Authority were consulted and asked for assurance that the area in question was not used for the storage of refuse or bins. The applicant has stated that the site has not in the past, nor will it be, used for the storage of refuse or bins. Following this confirmation, WCC Highways no longer has an objection.

Planning Applications Committee - 3rd April 2018 109 2. Impact on Visual Amenity The proposal is to be a small raised planting bed. The applicant has stated that it will be around 75mm tall so as to avoid cars still being able to ‘bump’ up over it.

The area will have bushes planted on, so as to discourage parking, and add a landscaped element to this part of the entrance road.

It is considered that this proposal would not harm the visual amenity of the area, and indeed, by removing parked cars from the road it should actually improve visually amenity somewhat.

3. Impact on Residential Amenity The proposed planter will be next to number 136 Haunchwood Road on the small access road to Talbot Close. No part of the planter will affect the amenity of number 136. The hedge/planting which is to be planted in a 75mm kerbed area and will grow alongside the garden fence and house at 136, but it is not considered that this transitory feature will hamper residential amenity.

REASONS FOR 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.

SCHEDULE OF 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 Plan 05 76 100E 12th February 2018 Planter Elevations 05 76 126 8th March 2018 Location Plan 05 76 16 12th February 2018

3. No development shall commence until details of the planting to take place within the raised planter hereby approved has been submitted to and approved in writing by the Council, the planting shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner:-

Planning Applications Committee - 3rd April 2018 110 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 - 3rd April 2018 111 Site Plan N

Planning Applications Committee - 3rd April 2018 112 Elevation

Planning Applications Committee - 3rd April 2018 113 Site Layout

Planning Applications Committee - 3rd April 2018 114 Swept Paths

Planning Applications Committee - 3rd April 2018 115 Use Class Use Permitted Change A1 Shops, retail warehouses, post Permitted change to or from a mixed use as A1 or A2 & up to 2 flats Shops offices, ticket and travel agencies, Temporary permitted change (2 years) for up to 150 sq.m to A2, A3, B1 (interchangeable with sale of cold food for consumption notification) off premises, hairdressers, funeral Permitted change of A1 or mixed A1 and dwellinghouse to C3 (subject to prior approval) directors, hire shops, dry cleaners, Permitted change to A2 internet cafes Permitted change to A3 (subject to prior approval) Permitted change to D2 (subject to prior approval)

A2 Banks, building societies, estate and Permitted change to A1 where there is a display window at ground floor level. Permitted Financial and employment agencies, professional change to or from a mixed use for any purpose within A2 and up to 2 flats. To A1 and up to 2 Professional services (not health or medical flats, where there is a display window at ground floor level Services services) Temporary permitted change (2 years) for up to 150 sq.m to A1, A3, B1 (interchangeable with notification) Permitted change from A2 or mixed A2 and dwellinghouse to C3 (subject to prior approval) Permitted change to A3 (subject to prior approval) Permitted change to D2 (subject to prior approval)

A3 Restaurants and cafes Permitted change to Class A1 and Class A2 Food and Drink Temporary permitted change (2 years) to A1, A2, B1 (interchangeable with notification)

A4 Public houses, wine bars or other Permitted change to or from a use falling “within Class A4 with a use falling within Class A3” Drinking drinking establishments (drinking establishments with expanded food provision) Establishments

A5 For the sale of hot food for Permitted change to A1, A2 or A3 Hot Food consumption off the premises Temporary permitted change (2 years) to A1, A2, A3, B1 (interchangeable with notification) Takeaways

Planning Applications Committee - 3rd April 2018 116 B1 a) Office other than a use within Permitted B1 change to B8 Business Class A2 B1(a) office permitted change to C3 (subject to prior approval and to be completed within a b) Research and development of period of 3 years from prior approval date) products or processes Temporary permitted change (2 years) to A1,A2,A3 (interchangeable with notification) c) For any industrial process (which Permitted B1 change to state-funded school or registered nursery (and back to previous can be carried out in any residential lawful use) (subject to prior approval) area without causing detriment to Permitted change (Prior Approval application has to be made between 1st October 2017 and the amenity of the area) 30th September 2020 only) from B1 (c) light industrial to C3 B2 Industrial process other than that Permitted change to B1 and B8 General falling within Class B1 Industry B8 Use for storage or as a distribution Permitted change to B1. Storage or centre Permitted change to C3 (subject to prior approval and until 15 April 2018) Distribution C1 Hotels, boarding and guest houses Permitted change to state-funded school or registered nursery (and back to previous lawful Hotels (where no significant element of use) (subject to prior approval) care is provided)

C2 Residential accommodation and Permitted change to state-funded school or registered nursery (and back to previous lawful Residential care to people in need of care, use) (subject to prior approval) Institutions residential schools, colleges or training centres, hospitals, nursing homes

C2a Prisons, young offenders’ Permitted change to state-funded school or registered nursery (and back to previous lawful Secure institutions, detention centres, use) (subject to prior approval) Residential secure training centres, custody Institutions centres, short term holding centres, secure hospitals, secure local authority accommodation, military barracks

Planning Applications Committee - 3rd April 2018 117 C3 Use as a dwellinghouse (whether or Permitted change to C4 Dwellinghouses not a main residence) by a) A single person or by people to be regarded as forming a single household b) Not more than six residents living together as a single household where care is provided for residents; or c) Not more than six residents living together as a single household where no care is provided to residents (other than use within Class C4) C4 Use of a dwellinghouse by 3-6 Permitted change to C3 Houses in residents as a ‘house in multiple multiple occupation’ (HMO NB: Large HMOs occupation (more than 6 people) are unclassified therefore sui generis D1 Clinics, health centres, creches, day Temporary permitted change (2 years) to A1, A2, A3, B1 (interchangeable with notification) Non-residential nurseries, schools, non-residential Institutions education and training centres, museums, public libraries, public halls, exhibition halls, places of worship, law courts D2 Cinemas, concert halls, bingo halls, Permitted change to state-funded school or registered nursery (and back to previous Assembly and dance halls, swimming baths, lawful/use) (subject to prior approval) Leisure skating rinks, gymnasiums, other Temporary permitted change (2 years) to A1,A2,A3,B1 (interchangeable with notification) areas for indoor and outdoor sports or recreations not involving motorised vehicles or firearms

Planning Applications Committee - 3rd April 2018 118 Sui Generis Includes theatres, large HMO (more Casino to A3 (subject to prior approval) (uses which do than 6 people sharing), hostels, Casino to D2 not fall petrol filling stations, shops selling Amusement centre or casino to C3 (subject to prior approval) within the and/or displaying motor vehicles, Betting office or pay day loan shop to A1, A2, A3, D2 (subject to prior approval) specified use scrap yards, retail warehouse clubs, Betting office or pay day loan shop to a mixed use A1 and up to 2 flats (if a display window at classes above) nightclubs, launderettes, taxi or ground floor) or mixed A2 and up to 2 flats or a mixed use betting office or pay day loan shop vehicle hire businesses, amusement and up to 2 flats centres, casinos, funfairs, waste Betting office, pay day loan shop or launderette to C3 (subject to prior approval) disposal installations, betting office, Mixed use betting office, pay day loan shop or launderette and dwellinghouse to C3 (subject pay day loan shop to prior approval) Mixed use betting office and up to 2 flats to A1 (if a display window at ground floor level), A2 or betting office Temporary permitted change (2 years) from betting office or pay day loan shop to A1, A2, A3 or B1 Other Agricultural buildings Permitted change to C3 (subject to prior approval) changes Flexible changes to A1, A2, A3, B1, B8, C1, D2 (subject to limitations and prior approval of use process): new use is sui generis Permitted change to state-funded school or registered nursery (subject to prior approval)

NB: Any building in any Use Class (with limitations and conditions) can be used as a state-funded school for up to 2 academic years (with limitations and conditions).

Certain vacant commercial land (with all buildings demolished) may be developed to provide temporary school buildings and the land used as a state funded school for up to 3 academic years, subject to prior approval, and with limitations and conditions, including that the building must be removed at the end of the third academic year.

NB: Where planning application made after 5 December, 1988, permitted development rights allow the use to be changed to another use granted permission at the same time for a period of ten years from the date of planning permission, unless consisting of a change of use to a betting office or pay day loan shop: GPDO (2015) Schedule 2 Part 3 Class V

Planning Applications Committee - 3rd April 2018 119