Enquiries to: Wendy Bolton Telephone Committee Services: 024 7637 6000 Direct Email: [email protected] Date: 22nd December, 2017 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, 9th January, 2018 at 5.00 p.m.

Confidential items will commence at 4.00 p.m.

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 - 9th January 2018 1 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 12th December 2017 (attached). (Page 5)

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 - 9th January 2018 2 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 9)

Planning Applications Committee - 9th January 2018 3 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 9)

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).

9. EXCLUSION OF THE PUBLIC AND PRESS

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following item, it being likely that there would be disclosure of exempt information of the description specified in paragraph 5 of Part I of Schedule 12A to the Act.

PART II - EXEMPT ITEMS

10. 034971: ERECTION OF BUNGALOW TO LAND TO THE REAR

Planning Applications Committee - 9th January 2018 4 - 28 - AGENDA ITEM NO. 3.

NUNEATON AND BEDWORTH BOROUGH COUNCIL

PLANNING APPLICATIONS COMMITTEE 12th December, 2017

A meeting of the Planning Applications Committee was held at the Town Hall, Nuneaton on Tuesday, 12th December, 2017.

Present

Councillor W.J. Hancox – Chair

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

Apologies were received from Councillor C. Bennett and I.K. Lloyd.

PLA48 Chair’s Announcements

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

PLA49 Minutes

RESOLVED that the minutes of the meeting held on the 28th November, 2017 be confirmed.

PLA50 Declarations of Interest

The Declarations of Interest for this meeting are as set out in the Schedule attached to these minutes. PLA51 Declarations of Contact

Councillor J. Sheppard declared that she had been contacted by local residents in respect of Planning Applications Nos. 035135 – 24 and 24a Princes Avenue, Nuneaton and 035184 – 6 Edward Street, Nuneaton.

IN PUBLIC SESSION

PLA52 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 - 9th January 2018 5 - 29 -

SCHEDULE OF APPLICATIONS FOR PLANNING PERMISSION AND RELATED MATTERS REFERRED TO IN MINUTE PLA52 OF THE PLANNING APPLICATIONS COMMITTEE ON 12 DECEMBER, 2017

035135: 24 AND 24a Princes Avenue, Nuneaton Retention of ground floor extension to side and rear, and retention of two storey side extension to 24 Princes Avenue. Proposed two storey extension to rear of former car showroom, 24a Princes Avenue, and creation of two flats at first floor and use of ground floor as A1 retail pharmacy. Applicant: Mr Mohammed Labutta

Speakers: Councillor T. Sheppard Mr. I. Sheikh Councillor N. Phillips Mr. M. Labutta Mr. S. Ahsan

DECISION

Planning permission be granted, subject to the conditions printed on the agenda and an additional condition to restrict external illumination unless otherwise agreed in writing by the Council. Advertisement Consent would be required for illuminated signage.

034182: Site 62C007 - Land Rear of 92-98 Donnithorne Avenue, Nuneaton Erection of 4 semi-detached dwellings with associated access, car parking and drainage. Applicant: Mr Shaun Suffolk The Planning Application was withdrawn from consideration by the agent.

035184: 6 Edward Street, Nuneaton Reconstruction of barbers with additional first and second storey levels. Applicant: M Brindley

Speakers: Councillor N. Phillips DECISION Planning permission be granted, subject to the conditions printed on the agenda and addendum.

Planning Applications Committee - 9th January 2018 6 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 GD. Pomfrett Warwickshire Police and Crime Panel

Planning Applications Committee - 9th January 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 GD. Pomfrett Warwickshire Police and Crime Panel

Planning Applications Committee - 9th January 2018 8 AGENDA ITEM NO. 6 & 7.

Planning Applications Committee 9th January 2018

Applications for Planning Permission etc. Agenda Item Index

Item Page No. No.

Planning Applications

1. 035183/WE Site 28b002 - Church Lane Church Lane, Nuneaton 10 2. 035276/SN Site 42C019 - Land Corner of Eastboro Way, and The Long Shoot 24

3. 035229/BU 1 Amelia Close, Bulkington 32

Works to Trees Application

4. 035268/AT 8 Ribbonbrook, Nuneaton 38

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 - 9th January 2018 9 Item No. 1 REFERENCE No. 035183

Site Address: Site 28b002 - Church Lane Church Lane, Nuneaton

Description of Development: Erection of 162 dwellings including retrospective permission for dwellings alrelady constructed and partly constructed, together with associated infrastructure, drainage and attenuation features, play and open space, landsaping, materials and boundary treatments Phase 2

Applicant: Davidsons Developments Limited

Ward: WE

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

INTRODUCTION: Erection of 162 dwellings including retrospective permission for dwellings alrelady constructed and partly constructed, together with associated infrastructure, drainage and attenuation features, play and open space, landsaping, materials and boundary treatments Phase 2

The site is to the south-west of Weddington Road. It currently consists of some remaining land designated as Area of Restraint and Countryside in the Local Plan, although the majority of the site is now developed or under construction. To the north-west is Weddington Green Track (Sustrans Route 52) which then links into the public footpath which runs across the southern part of the site. To the south of the site is Church Lane which consists of a mixture of properties including bungalows and two storey. St James Church is to the south and is a Listed Building.

This application has been submitted to regularise the phase 2 Reserved Matters application which was submitted outside of the agreed time limit following the approval of Outline application 030775. Part of phase two has been constructed and some of it occupied. This is a full application and is intended to encompass all of the relevant planning history below.

RELEVANT PLANNING HISTORY:  34570 - Change of use from agricultural land to public open space pursuant to outline approval 030775 for up to 326 dwellings 17th February 2017  34380 - Variation of Section 106 agreement under application 030775 relating to paragraph 1.6 of the second schedule and the reference to

Planning Applications Committee - 9th January 2018 10 registered social landlord and paragraph 1.8 of the second schedule relating to notification and compliance periods for disposal of affordable housing units for the mortagee in possession Agreed February 2017  to paragraph 1.6 of the second schedule and the reference to registered social landlord and paragraph 1.8 of the second schedule relating to notification and compliance periods for disposal of affordable housing units for the mortagee in possession  34380 - Variation of condition 2 of approval reference 033524 to show alteration to the layout of plots 173, 174, 175 and 176 – Approved 15TH March 2017  34381 - Erection of 1 terraced dwelling adjoining plot 174 – Approved 12th July 2017  34377 - Substitution of house types on plots 145, 148, 149, 167, 173, 174, 175, 176, 217, 218, 222, 223, 229, 234, 235, 236, 237, 238, 239, 242, 243, 274, 275, 281, 283 approved by application reference 033524 – Approved 1th March 2017  33682 - Substitution of housetypes 16 dwellings on Phase 1 (plots 22, 32-33, 35-37, 84-93) Approved 23rd March 2016  33524 - Erection of 160 dwellings with associated landscaping (phase 2) (Approval of reserved matters relating to appearance, landscaping, layout and scale of already approved outline application ref 030775) Approved 3rd November 2015  33006 - Substitution of house types to plots 48-52 & 60-62, and two replacement plots of approval 032326 Approved 1st May 2015  32977 - Substitiution of house types to plots 2, 3, 4, 54, 55, 57 & 58, following permission 032326 Approved 1st May 2015  032326 – Approval of reserved matters for 121 dwellings (Phase 1) Approved 18th December 2013  032259 - Application for variation of conditions 13 and 22 of planning permission ref 030775 to show minor amendments to the proposed roundabout – Approved 12th November 2013  030775 - Residential development for up to 326 dwellings including a GP surgery and associated areas of open space and landscaping (outline including access) – Allowed following Appeal 20th February 2012

RELEVANT PLANNING POLICIES:  Saved Policies of the Local Plan 2006: o H3 - Affordable Housing; 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).

Planning Applications Committee - 9th January 2018 11 CONSULTEES NOTIFIED: Warwickshire Wildlife Trust, NBBC Planning Policy, NBBC Housing, NBBC Parks, Open Space Society, Severn Trent Water, WCC Museum & Field Services, NBBC Environmental Health, Rambles Association, NBBC Refuse, Warwickshire Police, Environment Agency, George Eliot Trust, WCC Infrastructure, Natural England, Highways England, North Warwickshire CCG, Midland Heart Ltd, Friends of the Earth,

CONSULTATION RESPONSES: No objection subject to conditions: George Eliot Trust, Warwickshire Fire & Rescue

No comment: NBBC Sport & Leisure, Warwickshire Police, WCC Infrastructure, Natural England, North Warwickshire CCG

No response from: Warwickshire Wildlife Trust , NBBC Planning Policy, NBBC Housing, NBBC Parks, Open Space Society, Severn Trent Water, WCC Museum & Field Services, NBBC Environmental Health, Rambles Association, NBBC Refuse, Environment Agency, Highways England, Midland Heart Ltd, Friends of the Earth

NEIGHBOURS NOTIFIED: 23- 31 (odd) 34-52 (even) Adderley Avenue; St James Church, 37 Church Lane; 1, 2, 7-10 (Inc.), 13, 14, 19, 21, 22, 23 Skylark Fileds; Lingfield Farm, Tuttle Hill,

Neighbouring properties were sent letters notifying them of the proposed development on 13th October 2017. A site notice was erected on street furniture on 10th October 2017 and the application was advertised in The Nuneaton News on 18th October 2017.

NEIGHBOUR RESPONSES: There has been 1 letter of objection from 1 address and 1 Anonymous the comments are detailed below

1) Loss of countryside 2) Traffic is horrendous 3) Pollution 4) Change from bungalow to house affecting my privacy

APPRAISAL:

Key Issues The key issues to assess in the determination of this application are; 1. Principle 2. Flooding 3. Highways

Planning Applications Committee - 9th January 2018 12 4. Affordable Housing 5. Impact on Asset of Community Value and Church 6. Layout and Residential Amenity 7. Doctors surgery 8. Other Issues 9. Obligations 10. Conclusion

1. Principle of Residential Development The principle of residential development on this site is well established by the outline application 030775 allowing for up to 326 dwellings as well as the subsequent Reserved Matters application for phase 1 & 2 032326 and 033524. There have been no changes to the merits of this application that would change the principle of development on this site following the previous granting of planning permission. Albeit, this application is now a full application rather than Reserved Matters, so all material considerations should be taken account of.

The need for housing remains the same as previously considered, in that the Council cannot demonstrate a 5 year land supply for housing. Which significantly weighs in favour of the application.

2. Flooding The majority of the land for built development lies within Flood Zone 1, the zone at the lowest risk of flooding. There is a very small section of the proposed development, located to the south of the site close to the church, which is situated within flood zone 2. As a consequence a minimum floor level has been apportioned to these plots to raise the plots out of flood zone 2 and into flood zone 1 to remove the future risk of flooding.

To ensure no loss of floodplain, it has been agreed by the Environment Agency that the development will provide floodplain compensation to the south of the site for the land removed from Flood Zone 2. This area will ensure that whatever volume of flood plain storage is removed as a result of the land raising on the southern boundary will be re-instated. By undertaking this minor land re- profiling, it can be ensured that all built development is located within Flood Zone 1 and as such a sequentially preferable location for development.

A flood strategy for storm drainage at the site has been developed to meet national and local policy. In accordance with the conditions of the original outline permission the attenuation pond has already been provided prior to the occupation of any dwelling.

The proposal will provide valuable flooding alleviation across the local and wider catchment area, including the River Anker, and as such the development will result in positive environmental benefits to the existing urban extent of Nuneaton. To ensure that the existing culvert under the Church is not compromised a condition is proposed to require details of this culvert to ensure it is effective.

Planning Applications Committee - 9th January 2018 13 There are no new issues arising from this full application and the LLFA and EA have no further comments to make. All previous conditions and approved details will be carried over by this permission so that the elements of the proposal that are still under construction will be subject to the same flooding conditions and meet the agreed standards. There has been some amended culvert details supplied following a meeting with the LLFA and STW which have been updated to the relevant condition, a condition that was required by the Phase 2 RM application 033524. In addition to this an amended boundary treatment plan has been provided to allow for a greater maintenance strip to the rear of plots 177-178 to allow for access to the drainage ditch here. This has no implications on the overall drainage strategy. . 3. Highways The main access to the site was established via the outline application and a new roundabout has been constructed and is in use. This serves the phase 1 development and leads through to phase 2. The highway authority do not have any additional comments to make on this full application as it is in line with the principles of the previous applications. The relevant conditions and parts of the legal agreement will ensure satisfactory highway arrangements. The already agreed details under the previous conditions shall be carried over to the conditions as detailed. All other traffic and highway network implications have been considered and addressed by the outline application and no new issues have arisen.

4. Affordable Housing The site complies with the affordable housing policy and the developer is tied to the legal agreement signed following the Outline application. The affordable housing units have been constructed on site, NBBC Housing have no additional comments to make on the application. The legal agreement for this application will replicate previous legal agreements signed.

5. Impact on Asset of Community Value and Church In 2014 the Borough Council approved an Asset of Community Value which follows the line of the bridleway which dissects the site from north to south. As part of the proposal the layout retains this bridleway and provides an enhanced cycle provision to both the Weddington Walk, Weddington Road and the bridleway to from Weddington Walk/to the Church are proposed to be improved/widened in accordance with original outline planning conditions. The plans indicate enhanced provision of a 3 metre wide footpath and bridleway along the original path. The Asset of Community Value is not affected by the proposal.

This has not changed from the phase 2 RM approval and there have been no further comments made relating to this matter. The relevant conditions will be applied to this full application.

6. Layout and Residential Amenity The layout has a clear hierarchy of street types, allowing for vehicles, pedestrians and cycle users to easily navigate through the site as well as ensuring vehicles follow appropriate speeds through the site and in residential

Planning Applications Committee - 9th January 2018 14 areas. It has been designed to reduce traffic speed to 25 mph through the use of traffic calming.

In terms of the overall design a variety of different house types and sizes are proposed, however the focus of the development is designed to be used as family homes. The scale of the dwellings is considered to be in keeping with the neighbouring properties as well as the location of the site and surrounding facilities; as such the proposed development is considered acceptable in terms of scale. It is considered that distances are acceptable in the interests of achieving a good overall design in this part of the site. The distance standards from proposed properties are met and exceeded in most cases.

The majority of the housing scheme is semi detached and detached offering a mix of off street parking by way of driveways and garages. The properties have been designed so that parking will not dominate the frontages.

In relation to the public open space, a tarmac footpath following a continuous connective route through the open space allows a link from Weddington Road through to Church Lane and Weddington Walk in accordance with the principles of the original outline planning permission. The scheme to reflect some of these concerns and to ensure that a gap remains, permitted development rights are to be removed from these properties as per previous applications.

There was a change during the previous RM application of two plots backing on to 37 Church Lane, from bungalows to two storey dwellings. The neighbour at Church Lane queried this and Davidsons have agreed to move the plots forward by 1.5m and have introduced some new landscaping between the proposed plots and the neighbour to provide additional screening. The neighbour has confirmed they are happy with this, as per the amended plans.

7. Doctors surgery There is an obligation in the original planning agreement requiring the transfer of 1.2 hectares of land following the occupation of 141 dwellings, the land has been retained in phase 1 of the scheme. Davidsons have confirmed that they are in the process of offering the land formally to the NHS.

8. Other issues Issues such as noise, air quality, ecology, green infrastructure and archaeology were considered by the outline application. No new comments have been received from any consultees following this full application. Therefore, all relevant previous conditions and submitted and agreed details should be carried over from the outline and RM applications to ensure a satisfactory development.

9. Obligations There has been one additional s.106 request from the George Eliot Trust, for a financial contribution towards the provision of Health Services via the employment of additional agency staff. Officers consider this request is not CIL compliant. This is as the request is based on an existing funding shortfall, the s.106 and CIL regulations are clear that contributions should not be used to

Planning Applications Committee - 9th January 2018 15 address an existing issue. Although there is no argument against the additional pressures on the hospital from additional housing it is not clear why the request is only directed towards A & E (and the 5 services listed in the annex) when there is a large list of service provided by the hospital. The request also states the funding is wanted up front to deal with the current issues in emergency care, this is not future revenue and therefore not CIL Compliant. The applicants agent argues that the request is CIL compliant as you can ask for revenue, although Officers do not think this is the case for this request. As the revenue required here is to meet additional staffing costs. Further to this, the agent has provided examples of where this request has been accepted by inspectors. However, this request is to meet a local need and does not necessarily mean the request is CIL compliant is all cases. The agent argues that the request does not attract pooling implications as it is not for capital, however that then raises questions as to whether the s.106 request is CIL compliant when it is to fund agency staff to meet an existing shortfall. It is accepted that health services can be considered as infrastructure, but meeting this via agency staff is not acceptable in Officers opinion.

10. Conclusion Overall, the scheme includes all the requirements of the original outline and RM planning permissions and provides a high quality development. A legal agreement is required and will include all of the obligations as per the original agreement (albeit some attention should be given to the trigger points as the scheme is already under construction) and all of the relevant conditions as set out on the outline application will still apply to the site.

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 response(s) received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.

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 Location Plan 1064-LP 4th October 2017 Site Plan 1064-111 A 4th October 2017 Transport Assessment 1089/TA/02 4th October 2017 Adendum to TA 19/04/11 4th October 2017 Archaeological Desk RB/11524 4th October 2017 Based Assessment Jan 11 Archaeological Evaluation 3453/11155 4th October 2017 Jul 11 Plots 177-188 Watercourse & E1064_ph2_100 29th November 2017 SUDS arrangement

Planning Applications Committee - 9th January 2018 16 Private Drainage and External Works Plots 225-232,P13-161 240C 4th October 2017 274-279 Private Drainage and External Works Plots 203-224 P13-161 241C 4th October 2017 Private Drainage and External Works Plots 172-202 P13-161 242A 4th October 2017 Private Drainage and External Works Plots 124-133, P13-161 243B 4th October 2017 144-174, 284 External Works Plots 134-144, P13-161 244B 4th October 2017 External Works Plots 175-202, P13-161 2445 4th October 2017 Detention Basin P13-161 250H 4th October 2017 Pond & Swale Sections and P13-161 251C 4th October 2017 details sheet 1 of 2 Pond & Swale Sections and P13-161 252C 4th October 2017 details sheet 2 of 2 STW Sewer to SUDS connection P13-161 253B 4th October 2017 manhole & swale access shaft arrangement Proposed Footway/ cycleway P13-161 263 4th October 2017 link onto Wweddington Walk Landscape and Visual Impact FPCR RevB 4th October 2017 Assessment Feb 2011 Soft Landscape Proposal GL0123 07D 4th October 2017 1 of 3 Soft Landscape Proposal GL0123 08E 4th October 2017 2 of 3 Soft Landscape Proposal GL0123 09F 17th November 2017 3 of 3 Gravel Path Detail GL0123 13 4th October 2017 3.0M Wide Cycle Path GL0123 14 4th October 2017 2.0M Wide Tarmac Path Detail G0123 15 4th October 2017 Planning Layout Phase 2 1064-111 A 17th November 2017 Air Quality Impact 24650/002 4th October 2017 Assessment June 2011 issue 4 Ecological Appraisal 1910 4th October 2017 Feb 2011 Geo-Environmental Phase 1 1089/DS/01 4th October 2017 Service Supply Assessment 1089/SS/01 4th October 2017 Soil Resources and 711/1 4th October 2017 Agricultural use Mar 11 Veteran Tree Assessment 1910 Rev B 4th October 2017 Feb 11 Waste Audit 1089/WA/01 4th October 2017 Design & Access Statement 4th October 2017 Single Garage (AS) DG1-3 rev.C03 4th October 2017 Double Garage (AS) DG13-3 rev.C00 4th October 2017 Double Garage (AS) DG14-3 rev.C00 4th October 2017 Housetype DH205GE-2 (AS) 4th October 2017

Planning Applications Committee - 9th January 2018 17 Housetype DH302RE-3 (AS) 4th October 2017 Housetype DH302RE-3 (OP) 4th October 2017 Housetype DH302RI-3 (AS) 4th October 2017 Housetype DH302RI-3 (OP) 4th October 2017 Housetype DH304CE-2 (AS) 4th October 2017 Housetype DH304CE-2 (OP) 4th October 2017 Housetype DH307CE-3 (AS) 4th October 2017 Housetype DH307CE-3 (OP) 4th October 2017 Housetype DH312G-2 (AS) 4th October 2017 Housetype DH312G-2 (OPP) 4th October 2017 Housetype DH313RD-2 (AS) 4th October 2017 Housetype DH313RD-2 (OP) 4th October 2017 Housetype DH314CD-2 (AS) 4th October 2017 Housetype DH314CD-2 (OP) 4th October 2017 Housetype DH314RDB-2(OP) 4th October 2017 Housetype DH317A-3 (AS) 4th October 2017 Housetype DH317A-3 (OP) 4th October 2017 Housetype DH330V-3 (AS) 4th October 2017 Housetype DH330V-3 (OP) 4th October 2017 Housetype DH339G-2 (AS) 4th October 2017 Housetype DH343B-3 (AS) 4th October 2017 Housetype DH343B-3 (OP) 4th October 2017 Housetype DH344B-3 (AS) 4th October 2017 Housetype DH344B-3 (OP) 4th October 2017 Housetype Elevations DH400V-2 (OP) 4th October 2017 Housetype Plans DH400V-2 (OP) 4th October 2017 Housetype DH403G-2 (AS) 4th October 2017 Housetype DH403G-2 (OPP) 4th October 2017 Housetype DH404G-3 (AS) 4th October 2017 Housetype DH404G-3 (OP) 4th October 2017 Housetype DH404V-3 (AS) 4th October 2017 Housetype DH404V-3 (OP) 4th October 2017 Housetype DH406VS-2 (OP) 4th October 2017 Housetype DH409G-3 (AS) 4th October 2017 Housetype DH409G-3 (OP) 4th October 2017 Housetype DH412R-3 (AS) 4th October 2017 Housetype DH412R-3 (OP) 4th October 2017 Housetype DH413W-3 (AS) 4th October 2017 Housetype DH413W-3 (OP) 4th October 2017 Housetype DH418G-3 (AS) 4th October 2017 Housetype DH418G-3 (OP) 4th October 2017 Housetype DH418V-3 (AS) 4th October 2017 Housetype DH418V-3 (OP) 4th October 2017 Housetype DH424S-2 (AS) 4th October 2017 Housetype DH424S-2 (OPP) 4th October 2017 Housetype DH429V-2 (AS) 4th October 2017 Housetype DH429V-2 (OPP) 4th October 2017 Housetype- Render DH430W-3 (AS) 4th October 2017 Housetype DH430W-3 (OP) 4th October 2017 Housetype DH450W-3 (AS) 4th October 2017

Planning Applications Committee - 9th January 2018 18 Housetype DH450W-3 (OP) 4th October 2017 Housetype DH460W-3 (AS) 4th October 2017 Housetype DH460W-3 (OP) 4th October 2017 Housetype DH501G-2 (AS) 4th October 2017 Housetype DH501G-2 (OP) 4th October 2017 Housetype DH501V-2 (AS) 4th October 2017 Housetype DH501V-2 (OPP) 4th October 2017 Housetype DH509V-2 (AS) 4th October 2017 Housetype DH509V-2 (OPP) 4th October 2017 Housetype DH522GC-3 (AS) 4th October 2017 Housetype DH522GC-3 (OP) 4th October 2017 Housetype- Elevations DH23CE-2 4th October 2017 Housetype- Plans DH23CE-2 4th October 2017 Housetype- plot 207 DH313RD_S-2 4th October 2017 Housetype SB21V-3 (AS) 4th October 2017 Housetype SB21V-3 (OP) 4th October 2017 Housetype SB21VI-3 (AS) 4th October 2017 Housetype SB21VI-3 (OP) 4th October 2017 Housetype SH24BRE-3(AS) 4th October 2017 Housetype SH24BRE-3(OP) 4th October 2017 Housetype SH24BRI-3(AS) 4th October 2017 Housetype SH24BRI-3(OP) 4th October 2017 Housetype SH34BRE-3(AS) 4th October 2017 Housetype SH34BRE-3(OP) 4th October 2017 Housetype SH35BG-3(AS) 4th October 2017 Housetype SH35BG-3(OP) 4th October 2017

3. No materials shall be used in the construction of the external surfaces of the buildings other than in accordance with Materials & Boundary Treatment Plan- Phase 2 1064-211A, unless otherwise agreed in writing by the Council.

4. Unless otherwise agreed in writing by the Council, no development creating surface water run-off shall be carried out other than in accordance with the following submitted details for the drainage of the site, including the surface water drainage of the hydrological and hydro-geological context of the development, and foul sewers and drainage to all hardstanding (including a French drainage adjacent to the proposed path), levels and construction of open space and gardens adjacent to plots 177-193;

P13-161-213 Road and Sewer GA plan 1of 2 dated Dec 2013 P13-161-214 Road and Sewer GA plan 2of 2 dated Dec 13 P13-161-215 Long section sheet 1of 5 dated Dec 2013 P13-161-216 Long section sheet 2of 5 dated Dec 2013 P13-161-217 Long section sheet 3of 5 dated Dec 2013 P13-161-218 Long section sheet 4of 5 dated Dec 2013 P13-161-219 Long section sheet 5of 5 dated Dec 2013 P13-161-250 Swales and Pond dated Dec 2013 P13-161-251 Pond and Swale sections 1of 2 dated Dec 2013 P13-161-252 Pond and Swale sections 2of 2 dated Dec 2013 P13-161-253 Sewer to SUDS connection manhole dated Dec 2013

Planning Applications Committee - 9th January 2018 19 P13-161-245 Private Drainage and External Works dated April 2016 P13-161-213Q Road and Sewer GA Plan 1 of 2 dated Dec 2013

Storm simulations – 100 Year Summer and Winter at .015min, 030min, 060min, 120min, 240min, 360min, 480min, 600min, 720min, 960min, 1440min inclusive Storm simulations – 100 Year Outfall Summer and Winter at .015min, 030min, 060min, 120min, 240min, 360min, 480min, 600min, 720min, 960min, 1440min inclusive Storm simulations – 30 Year Summer and Winter at .015min, 030min, 060min, 120min, 240min, 360min, 480min, 600min, 720min, 960min, 1440min inclusive S Rogers Lea13061810450 Environment Agency Letter UT/2013/111670/01-L01 dated 16 July 2013 P13-161-100 Year Climate Change Criteria dated 10.03.2017 P13-1611 Critical by Return Period Results by Maximum Level dated 10.03.2017 P12-161 – 1 Year Design Criteria dated 10.03.2017 P13-161-30 Year Design Criteria dated 10.03.2017

under condition 5 of reference 030775 and condition 3 of 033524 agreed by the Council on 14th March 2017 . No dwelling shall be occupied until the required drainage has been provided in accordance with the approved details.

5. The development shall only be carried out in accordance with the approved Flood Risk Assessment ref. 1098/FRA/01 rev.6 dated 13 April 2011 submitted with application 030775 and agreed by the Council on 30 January 2015.

6. The development shall not be carried out other than in accordance with the submitted scheme, to treat and remove suspended solids from surface water run-off during construction from Rodgers Leask Ltd agreed by the Council on 30 January 2015 under condition 7 of reference 030775.

7. Any trees or plants, including any replacement, which, within a period of five years from the implementation of a landscaping scheme, dies, is removed to becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size an species unless the local planning authority has agreed in writing to any variation.

8. The development shall not be carried out other than in accordance with the Bird and Bat Mitigation Specification Version 4 submitted under condition 11 of reference 030775 agreed by the Council on 22nd February 2017.

9. The development shall not be carried out other than in accordance with the Noise Impact Assessment dated 02nd August 2013. Submitted under condition 12 of reference 030775. No dwelling shall be occupied until the work and mitigation measures proposed has been carried out in accordance with the approved assessment.

Planning Applications Committee - 9th January 2018 20 10. The development shall not be carried out other than in accordance with the submitted measures to enhance and promote the sustainability of the site including the Highway Construction Details P13-161-222 RevC dated Dec 13 Detention Basin details P13-161-250 Rev H dated Dec 13 Slope Analysis of Proposed Footpath Embankment at Church Fields, Weddington, Phase 2 P7208 DD-2 dated 3 March 2017, submitted under condition 14 of reference 030775 and agreed by the Council on the 7th March 2017, unless otherwise agreed in writing by the Council and subject to the following requirements:

The developer must give prior notification (14 days) of the date at which construction of the embankment will commence allowing construction activity to be inspected as desired by NBBC and must submit a report with dated photographs showing the construction being undertaken fully in accordance with the agreed details – particularly the topsoil removal and layered construction.

11. The development shall not be carried out other than in accordance with the surfacing, drainage and levels details Private Drainage and External works Plots 225-232, 274-279 P13-161 240C, Private Drainage and External Works Plots 203-224 P13-161 241C, Private Drainage and External Works Plots 172- 202 P13-161 242A, Private Drainage and External Works Plots 124 – 133, 144- 174, 284 P13-161 243B, Private Drainage and External Works Plots 134-144 P13-161 244B, Private Drainage and External Works Plots 175-202 P13-161 245 all received on 4th October 2017. No dwelling shall be occupied until the particular housing area that has been built has been laid out in accordance with the approved details; the approved parking and manoeuvring areas shall be permanently retained for those purposes.

12. No further groundworks shall be undertaken across the part of the site shown cross-hatched of plan Fig.1 located in the south west of the site and intended for use as a Country Park, without prior approval in writing of the local planning authority.

13. The development shall not be carried out other than in accordance with the submitted water supplies and fire hydrants details Drawing1064/FHD. The development shall not be occupied until provision has been made in accordance with the approved details.

14. No construction works shall take place other than in accordance with the mechanical wheel wash details contained with the document entitled Construction Method Statement along with confirmation of details and location of wheel wash to coincide with photograph Weddington Wheel Wash submitted under condition 20 of reference 030775 and agreed by the Council on 22nd February 2017.

15. The development shall not be carried out other than in accordance with the design, location and maintenance regime of both formal and informal play facilities scheme in the following plans; 1 of 3

Planning Applications Committee - 9th January 2018 21 Soft Landscape Proposal GL0123 08E 4th October 2017 2 of 3 Soft Landscape Proposal GL0123 09F 17th November 2017 3 of 3 Gravel Path Detail Gl0123 13 4th October 2017 3.0M Wide Cycle Path GL0123 14 4th October 2017 2.0M Wide Tarmac Path Detail G0123 4th October 2017 Unless otherwise agreed in writing with the council

16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting or modifying that Order), no building, extension or structure, and no wall, fence or other means of enclosure shall be erected on Plots 177-188, 225-242 of Phase 2 other than those expressly authorised by this permission.

17. The development shall not be carried out other than in accordance with the details of the bridges over the swales including materials, levels, construction included on Sewer General Arrangement Plan Sheet 1 of 2 P13_161_213 Rev N dated Dec 2013 and Road and Sewer General Arrangement Plan Sheet 2 of 2 P13_161_214 Rev G dated Dec 2013, unless otherwise agreed in writing by the Council.

18. The development shall not be carried out other than in accordance with the culvert details, including headwall, grate and construction included on plan E1064_ph2_100 Plots 177-188 Watercourse & SUDS arrangement dated Nov 2017, unless otherwise agreed in writing by the Council

Planning Applications Committee - 9th January 2018 22

Planning Applications Committee - 9th January 2018 23 Item No. 2 REFERENCE No. 035276

Site Address: Site 42C019 - Land Corner of Eastboro Way, and The Long Shoot

Description of Development: Variation of condition 4 and 15 following grant of approval 034331 to allow for the removal of two trees previously shown for retention

Applicant: Mr William Hodgson

Ward: SN

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

INTRODUCTION: Variation of condition 4 and 15 following grant of approval 034331 to allow for the removal of two trees previously shown for retention at Site 42C019 - Land Corner of Eastboro Way, and The Long Shoot.

The site was a large piece of arable farm land which is bounded on its northern and western sides by mature hedges (which seem to be a mix of ash and hawthorn), and is now being developed for housing. Beyond the site’s northern and western boundaries are two fairly busy roads; The Long Shoot and Eastboro Way respectively. Along these roads, with which the site bounds, are residential properties in the form of the linear development of The Long Shoot and the development on the Horeston Grange site which includes houses and the Horeston Grange Shopping Centre.

The north east corner of the site is marked by an electricity substation which does not form part of the application site. The private road which passes between the substation and number 21 The Long Shoot forms the eastern boundary of this northern part of the site. The private road is lined by a hedgerow leading towards Wheatcroft Farm Cottages, and near to the trees which are the subject of this application.

The southern part of the site has an open eastern boundary where the view extends east across more open farm land beyond the site, which eventually narrows gradually towards the edge of the Nuneaton and Bedworth Borough boundary, and towards the nearby town of Hinckley. The linear ribbon development of The Long Shoot is also in this direction. The Birmingham to Peterborough Railway Line extends along the southern boundary.

Planning Applications Committee - 9th January 2018 24 The land is fairly flat with only gentle undulations which have the effect of making the area feel slightly more open. There are views of The Long Shoot and Horeston Grange estate to the north and west of the site, and to the east views are relatively open, with more arable farmland visible in the distance. To the south views are slightly more restricted, at low level at least, because of the vegetation and foliage on either side of the railway line.

The houses on The Long Shoot opposite the site are fairly large, detached properties set on large plots. The newer properties on the estate of Horeston Grange are modern and again quite large, but there is a mix across the whole development of detached with some semi-detached houses. There is also the local centre of shops and the Acorn Public House.

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

RELEVANT PLANNING HISTORY: 034334 – Erection of 329 dwellings (Approval of reserved matters for appearance, landscaping, layout and scale following outline approval reference 034331) – Approved – January 2017. 034331 – Variation of condition 4, 22 and 23 of previous approval 033157 – Approved – October 2016. 033157 – Outline permission for the erection of up to 330 houses – approved – July 2016.

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).

CONSULTEES NOTIFIED: NBBC Parks and Countryside

CONSULTATION RESPONSES: No objection from: NBBC Parks and Countryside

NEIGHBOURS NOTIFIED: 1-19 (inc), 23-34 (inc) Hayle Close, 7-9 (inc) Penryn Close, 1, 2, 10-33 (inc) St. Austell Close, Subway (unit 1), Horeston Grange Fish Bar (unit 2), BetFred (unit 3), Post Office (unit 4), Farm Foods (unit 5 & 6), Carpet Centre (unit 7), Just For Pets (unit 8), Rajdhani (unit 9), Royal Dragon (unit 9), Horeston Grange Shopping Centre, Cambourne Drive, 15, The Acorn Public House, Cambourne Drive, 1-12 (inc) St. Buryan Close, 1, 2, 8-22 (inc) Portreath Drive, 1-7 (inc) Sennen Close, 249-267 (odd) Hinckley Road, 242, 244, 244a, 246-262 (even)

Planning Applications Committee - 9th January 2018 25 Hinckley Road, Travel Lodge, The Harvester, 215, 217 St. Nicholas Park Drive, 2-28 (even), 21-37 (odd), 51, 63 The Long Shoot, 1 & 2 Wheatcroft Cottages, The Long Shoot, 20 Callendar Close, 31, 42 Canterbury Way, 2 Fielding Way, 19 Gloucester Close, 140 Higham Lane, 79 Pallett Drive, 1-14 (inc) Skelwith Rise, 215, 217 St. Nicolas Park Drive, 17 Watling Street, Nuneaton; 21 Pebblebrook Way, Bedworth,

Neighbouring properties were sent letters notifying them of the proposed development on 15th November 2017. A site notice was erected on street furniture on 16th November 2017 and the application was advertised in The Nuneaton News on 29th November 2017

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

1) The trees are already gone 2) The trees add a rich habitat for ecology 3) The trees are good aesthetically 4) The maple tree could have been retained

There has also been 1 letter of support from 1 address. The comments are summarised below; 1) The trees have gone, but a tree has been planted opposite Camborne Drive 2) Please keep building in Nuneaton

APPRAISAL: The key issues to assess in the determination of this application are; 1. The Quality of the Trees 2. Impact on Visual Amenity 3. Impact on Ecology

1. The Quality of the Trees The trees in question are shown for retention in the previously approved documentation, and this variation of condition application seeks to provide evidence for their removal. The applicant claims that the two trees (shown as T13 and T14 on the layout plan) should be removed due to the presence of decay and fungus and the extensive decline of T14, and that it would also be necessary for T13 to be removed so as to allow the safe removal of T13.

There has been evidence provided of the fungus and decay to T14, and a consultation was, made with NBBC Park and Countryside who have no objections to the removal of the trees.

2. Impact on Visual Amenity The trees in question are on the edge of the site and as such are quite visible from certain parts of the site’s surroundings, and the public realm but the trees are not overtly visible in the surrounding street scenes of either The Longshoot, Hinckley Road or Eastboro Way.

Planning Applications Committee - 9th January 2018 26 The Residential Design Guide 2004, at paragraph 5.3 states that an important role of landscaping is to soften the hard edge of well-designed built development. In this case, it is felt that this edge will not have a significant reduction in ‘softness’ as a result of the loss of these trees as this part of the site is closer to the existing built form of the houses on The Longshoot.

It is therefore considered that the loss of the trees would not cause a significant detriment to the visual amenity of the area. This is in accordance with ENV14 and the Residential Design Guide 2004.

3. Impact on Ecology The loss of the trees, although clearly possible to be used as a habitat for bats and nesting birds, will not cause the loss of a significant ecological asset. NBBC Parks and Countryside have no objection to the scheme and the felling of the trees would be subject to the usual provision of the Countryside Act for the protection of protected species, but this would not be enforced by Planning Legislation.

REASONS FOR APPROVAL: On completion of a Deed of Variation to the original Section 106 agreement relating to a contribution towards the provision and maintenance of open space and play facilities in the area, contributions (including monies and land) for highways improvements, education, and footpaths, the Head of Development Control be given delegated authority to grant planning permission.

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, although the proposed development would not be in accordance with the development plan, it 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: 4. 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 Location Plan GLAD-2014-LS-DF Rev1 24th December 2014 Development Framework Plan GLAD-2014-LS-DF Rev20 27th May 2015 Design and Access Statement GLA 09 DAS 27th May 2015 Landscape & Visual Impact Ass. 2079_R01c_AL_AS 24th December 2014 Addendum to Landscape and Visual Impact Ass. 2017_R02a_AL_LP 1st June 2015 Ecological Appraisal May 2015 10th June 2015 Reptile Survey Report September 2014 24th December 2014 Arboricultural Assessment May 2015 27th May 2015 Ground Conditions Desk Survey R/13741/001 24th December 2014 Foul Drainage Analysis November 2014 24th December 2014 Planning Statement December 2014 24th December 2014

Planning Applications Committee - 9th January 2018 27 Air Quality Assessment LE12240–002/DRAFT 24th December 2014 Noise and Vibration Assessment LE12240 – 001 24th December 2014 Archaeological Assessment PRC/AT/16931/01 24th December 2014 Statement of Community Involve. December 2014 24th December 2014 Framework Travel Plan R/C13741 27th May 2015 Socio-Economic Impact Report January 2015 8th January 2015 Transport Assessment 16178-CAR001-01 19th August 2016 Proposed Junction Layouts C16178-700-P4 19th August 2016 Arboricultural Information - (evidence for removal of T13 and T14) TCB/DWH/Long Shoot 9thOctober 2017

5. Unless otherwise agreed in writing, the phasing of the development shall not be carried out other than in accordance with the details submitted to the Council and approved under condition 5 of approval reference 034331.

6. No development shall take place, including any site clearance, other than in accordance with the Construction Method Statement submitted to the Council and approved under condition 6 of approval reference 034331.

7. No development shall be carried out other than in accordance with the details submitted to the Council and approved under condition 7 of approval reference 034331.

8. No development shall commence until full details of the boundary treatments, including new walls, fences and retaining walls, (and a trespass- proof fence to the boundary with any Network Rail land) have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the boundary treatment to that plot has been carried out in accordance with the approved details.

9. No development shall commence other than in accordance with the details submitted to the Council and approved under condition 9 of approval reference 034331, and the following drawing; External Works Sheet 8, 700-5-8, Rev C4.

10. No development shall commence until full details of the maintenance regime for the drainage system, full details relating to overland flood flow routes in case of system failure (including hydraulic modelling and indication of flood flow depths and velocities), and a scheme of further investigation to establish downstream invert levels of the existing outfall pipe have been submitted to and approved in writing by the Council. No development shall take place other than in accordance with these approved details, and the advice contained within the Flood Risk Assessment R/13741/002 (received by the Council on 24th December 2014). No phase of development shall be occupied until this scheme has been put in place.

11. No development of any phase of development identified on the approved phasing plan shall take place until full details of the precise alignment, specification and maintenance of dedicated foot and cycle paths for that phase

Planning Applications Committee - 9th January 2018 28 of development have been submitted to and approved in writing by the Council. Development shall only be carried out in accordance with the approved details.

12. No development of any phase of development identified on the approved phasing plan shall commence other than in accordance with the details submitted to the Council and approved under condition 12 of approval reference 034331.

13. No development shall take place, including any site clearance, other than in accordance with the provisions of the Ecological Construction Management Plan (ECMP) submitted to the Council and approved under condition 13 of approval reference 034331.

14. No development, including site clearance, shall commence until an Ecological and Landscape Strategy Management Plan (ELSMP) has been submitted to and approved in writing by the Council. The ELSMP shall set out how the measures and recommendations detailed in the hereby approved Ecological Appraisal (ref: May 2015 received on 10th June 2015), Reptile Survey Report (ref: September 2014 received on: 24th December 2014), Landscape and Visual Impact Assessment and the Addendum to this LVIA (ref: 2017_R02a_AL_LP and 2079_R01c_AL_AS received on: 24th December 2014 and the 1st June 2015 respectively) and Arboricultural Assessment (ref: May 2015 received on 27th May 2015) and Additional Aboricultural Information received by the Council on 9th October 2017 will be implemented and subsequently maintained. The ELSMP shall also include details of: a Green Infrastructure Strategy; an Ecological Design Strategy; ecological buffer zones; wildlife enhancements to SUDs; existing and proposed services plan; habitat enhancement for Bats; habitat and biodiversity creation and enhancement across the site; green infrastructure; green links into the wider countryside; species rich hedgerows; native structural landscape planting; details of planting to provide additional foraging areas for bats; details and position of roosting and nesting bricks, tiles, boxes and terraces for bats and breeding birds; a timetable for the implementation of all of the ecological and landscape mitigation and enhancement measures; and a scheme securing future maintenance and retention. The ELSMP must also demonstrate how, measured across the site as a whole, the measures it contains will achieve a net gain for the biodiversity of the site, rather than simply neutralising the impact of the development.

15. No tree or hedgerow other than so agreed on plan 5943-A-04 by the Council on 9th October 2017 shall be removed, and no construction works shall commence unless the approved measures for the protection of those to be retained have been provided and are maintained during the course of development.

16. No development shall take place until details of the layout of the open space, including the equipped play area (LEAP), public open space, ecological and landscaping enhancement areas (including ecological buffer zones), boundary details (including knee rail fencing), site securing (including gates, trip rails and kissing gates), surfacing, drainage, bins, seating, amenity lighting, signage and notice/information boards, has been submitted to and approved

Planning Applications Committee - 9th January 2018 29 in writing by the Council. The development shall be carried out and thereafter maintained in accordance with the approved details.

17. The details required by conditions 1(d) and 18 shall be carried out within 12 months of the commencement of each phase of the development defined in the phasing plan and subsequently maintained in the following manner:

Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation.

18. No development shall commence other than in accordance with the noise attenuation scheme submitted to the Council and approved under condition 18 of approval reference 034331. No dwelling in any phase shall be occupied other than in accordance with the approved details.

19. No development shall commence other than in accordance with the details submitted to the Council and approved under condition 19 of approval reference 034331.

20. The development shall not be carried out other than in accordance with the details submitted to the Council and approved under condition 20 of approval reference 034331.

21. No phase of development shall commence other than in accordance with the details submitted to the Council and approved under condition 21 of approval reference 034331.

22. Prior to the first occupation of any dwelling in any phase of the development, the widening of Eastboro Way including the provision of shared footway / cycleways and site access bell mouths, shall be constructed, located and laid out in accordance with drawing C16178-700-P4 (Proposed Junction Layouts), this is to include the construction of at least one point of vehicular access to the site, unless otherwise agreed in writing by the Council.

23. Prior to the first occupation of any dwelling in any phase of the development, the signalised access from Eastboro Way serving that phase shall be laid out and constructed in accordance with drawing C16178-700-P4 (Proposed Junction Layouts) unless otherwise agreed in writing by the Council.

Planning Applications Committee - 9th January 2018 30 POA Planning Applications Committee - 9th January 2018 31 Item No. 3 REFERENCE No. 035229

Site Address: 1 Amelia Close, Bulkington, CV12 9QJ.

Description of Development: Detached double garage to front of property. Resubmission following withdrawal of 034413.

Applicant: Mr J. Howells.

Ward: BU

RECOMMENDATION: Planning Committee is recommended to refuse planning permission for the reason as printed.

INTRODUCTION: The proposal is for a brick built detached double garage with a pitched, tiled roof to the front of the property which will be set forward of the main house by 15 metres. It will be 6 metres long by 5 metres wide with an eaves height of 2.3 metres and a ridge height of 3.9 metres. The doors will face towards the main house.

The application site is a triangular piece of land on the east side of Amelia Close, a cul-de-sac, comprising 8 detached dwellings built in the early part of this century. At the time of the submission of the application it was outside the curtilage of No 1 Amelia Close and not in the aplicants ownership. The required notice was served on the owner. The Agent has confirmed that if permission is granted the owner has agreed to sell the land to the applicant. It is approximately 100 square metres in area and provides an informal area of open space at the entrance to Amelia Close.

BACKGROUND: Notwithstanding the objections received, this application is being reported to Committee at the request of Councillor Richard Smith.

RELEVANT PLANNING HISTORY: 034413-Detached double garage to front of property. Withdrawn 20th January 2017.

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 - 9th January 2018 32 CONSULTEES NOTIFIED: WCC Highways.

CONSULTATION RESPONSES: No objection from: WCC Highways

NEIGHBOURS NOTIFIED: 2-8 (inc) Amelia Close, Bulkington, 176-186 (even) Nuneaton Road, Bulkington, 188A Nuneaton Road, Bulkington, & 207 Weston Lane, Bulkington.

Neighbouring properties were sent letters notifying them of the proposed development on 13th November 2017.

NEIGHBOUR RESPONSES: There have been 5 objections from 4 addresses which are summarised below; 1. Too large and not in keeping with the surrounding area. 2. Loss of the green area in the Close. 3. The access/ingress or vehicle tracking evidence supplied is misleading and incorrect. 4. Parking disruption. 5. Unclear how much of the land will be owned by the applicant or the responsibilities regarding ongoing maintenance. 6. Unclear what use the structure will be put to. 7. No different, apart from being inaccurate, to the original that was rejected. 8. The lack of visibility entering and leaving the Close causes a serious hazard highway and pedestrian safety. 9. Concerns about future use of the garage by current and future occupants of the house and maintenance of the remaining land.

There has been support from 1 address which is summarised below; 1. Will improve appearance of the land. 2. The tree and overgrown grass restrict access to manhole covers. 3. There is a rodent issue which appears to stem from the land. 4. Children in the Close coming up to driving age - access and parking problems will become worse. The garage would make it private and remove the problem. 5. The tree and shrubbery block light. Leaves from the tree make the ground slippery. If the land were developed this problem would be removed. 6. Improved appearance. 7. Other extensions done without problems. 8. Applicant does not conduct a business from his property and has no more deliveries than anyone else.

There has been comment from 1 address which is summarised below; 1. Will the shrubs on the piece of land be retained?

APPRAISAL: The key issues to assess in the determination of this application are; 1. The impact on Highway Safety.

POA Planning Applications Committee - 9th January 2018 33 2. The impact on Residential Amenity. 3. The impact on Visual Amenity.

1. The impact on Highway Safety Access to the garage is to be from the end of the cul-de-sac and is on the other side of the turning head to the residential property it is to serve. Vehicle tracking plans have been submitted by the applicant to demonstrate that vehicles can access the garage. WCC Highways have raised no objection subject to the imposition of conditions covering the creation of a drop kerb and the details of the surfacing of the associated driveway.

It is therefore considered that there are no ground to refuse the application on highway safety.

2. The impact on Residential Amenity Policy Env14 is a saved policy of the 2006 Nuneaton and Bedworth Borough Local Plan. This policy refers to Supplementary Planning Guidance and The Residential Design Guide 2004 is the relevant guidance in this case.

Section 9.0 of the Residential Design Guide contains guidance which aims to protect the residential amenity of existing dwellings, setting out separation standards between buildings. Due to the location of the garage and compliance with the relevant distance standards it is considered that there will be no detrimental impact on the residential amenity of any neighbouring properties.

3. The impact on Visual Amenity The Residential Design Guide contains guidance within section 8.1 which aims at guiding the design and aesthetics of residential development within the Borough and states that development must be in keeping with the design and scale of the existing house and the group in which the house is sited and also states that it should not appear intrusive, prominent or incongruous in the street scene.

Section 6.2 specifically refers to the fact that garages should not visually dominate the street scene.

The close leading to the application site is characterised by large detached properties accessed by a light coloured, brick covered surface that runs from Nuneaton Road along Amelia Close and continues onto the private drives serving each property. The openness of the of the application site at present along with the road surface helps to give a sense of breathing space to an otherwise intensive development. This, along with the limited landscaping would be lost if the site were to be developed. Therefore, in view of the size and position of the proposed garage it is considered that in this prominent position it would be detrimental to the visual amenities of the area.

4. Conclusion In conclusion, it is considered that the proposed garage would have a detrimental impact on the visual amenities of the area.

POA Planning Applications Committee - 9th January 2018 34 REASON FOR REFUSAL: 1 (i) Policy ENV14 of the Nuneaton & Bedworth Borough Local Plan 2006 states:- The design and materials of all development should be of a high standard in keeping with the scale and character of the locality. All development should comply with Supplementary Planning Guidance and/or Supplementary Planning Documents produced by the Borough and County Council, where detailed guidance is considered necessary.

(ii) The proposal is contrary to this policy in that the garage, by virtue of its size, scale and siting would be an incongruous and over prominent feature in the street scene to the detriment of the visual amenities of the area. (Contrary to guidelines contained in paragraphs 6.2 and 8.1 of the Residential Design Guide).

POA Planning Applications Committee - 9th January 2018 35

POA Planning Applications Committee - 9th January 2018 36

TREE PRESERVATION ORDER

POA Planning Applications Committee - 9th January 2018 37 Works to Trees Application

Item No. 4 REFERENCE No. 035268

Site Address: 8 Ribbonbrook, Nuneaton

Description of Development: Fell to near ground level T3 Lime of TPO 11/97

Applicant: Mr Adrian Skelton

Ward: AT

RECOMMENDATION: Planning Committee is recommended to refuse tree works, for the reasons as printed.

INTRODUCTION: Fell to near ground level T3 Lime of TPO 11/97 at 8 Ribbonbrook, Nuneaton.

RELEVANT HISTORY:  035026 – Application to fell T3 (Lime) of TPO11/97 – Withdrawn 6/9/17

CONSULTEES NOTIFIED: NBBC Parks

CONSULTATION RESPONSES: Objection from: NBBC Parks

NEIGHBOURS NOTIFIED: 6, 7, 9, 10 & 13 Ribbonbrook, Nuneaton

Neighbouring properties were sent letters notifying them of the proposed development on 22nd November 2017. A site notice was erected on street furniture on 22nd November 2017 and the application was advertised in The Nuneaton News on 29th November 2017.

NEIGHBOUR RESPONSES: There has been 1 letter of support from 1 address. The comments are summarised below;

1. Sap is discolouring conservatory and making slabs slippery and unsafe 2. Dead branches often fall off 3. Sheds a lot leaves in autumn, which is a lot of work 4. During summer the tree blocks a lot of sun light the garden is always in shade

POA Planning Applications Committee - 9th January 2018 38 APPRAISAL: The key issue to assess in the determination of this application are; 1. Impact on visual amenity and health and longevity of the tree

1. Impact on visual amenity and health and longevity of the tree. Before a tree can be protected it must first be assessed as being an important landscape feature offering significant amenity to the general public. This assessment takes into account the tree's visibility to the public, its condition, age and remaining life-expectancy, its function within the landscape and ultimately its importance to the local environment. National Planning Practice Guidance advice directs that if a tree's loss or removal would have a significant impact on the local landscape then the tree warrants protection.

The tree report submitted with the application details that the Lime in question is considered to be an immature specimen. There is evidence of previous pollarding and there is epicormic growth above 2m and a significant amount of deadwood in the canopy (removal of deadwood does not require consent). However, the report does not evidence that there is any concern for the overall health of the tree.

There is a similar tree in every other rear garden along this row, allowing the removal of this tree with no real justification sets a precedent for the loss of all of these trees covered by the same TPO. The submitted tree report argues that the tree does not add to the visual amenity of the surrounding area anyhow, as it is set within a dense wooded area and is not distinguishable amongst it. The tree report argues that the loss of this tree would not adversely affect the visual amenity provided by the woodland screen along the railway embankment and if the trees along the embankment that are not protected were removed the remaining TPO’d Lime trees would not provide positive amenity anyhow.

NBBC Parks Officer states that as there are no structural issues with the tree the consideration should be for its amenity value. The TPO was put on to protect the trees during construction of the houses as they had significant amenity value at that time. The trees are now somewhat hidden by the housing but can be seen as line of trees form the roadway, Officers feel that they make a contribution in this regard. An application for works to appropriately manage the tree (for example pollarding) would address some of the applicants concerns and would not result in the loss of the tree. It is accepted that the loss of this individual tree may not have significant harm, however, this could lead the way to the loss of the whole row, which cumulatively would lead to a detriment of the overall visual amenity of the area. Therefore, the implications for the loss of this tree are wider. If the wooded area of the railway embankment (outside of the Councils jurisdiction) was removed, if the felling of these trees was allowed there would be no screening for the railway.

REASONS FOR REFUSAL: It has not been adequately demonstrated that the tree is no longer worthy of a Tree Preservation Order. There is no evidence to suggest the trees health is compromised and the tree still offers amenity value to the local landscape.

POA Planning Applications Committee - 9th January 2018 39

T3

POA Planning Applications Committee - 9th January 2018 40 POA Planning Applications Committee - 9th January 2018 41 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 - 9th January 2018 42 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 - 9th January 2018 43 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 - 9th January 2018 44 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 - 9th January 2018 45