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Planning and Licensing Committee Tuesday, 26 April 2016 at 10:30 County Hall, County Hall, West Bridgford, Nottingham, NG2 7QP

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Planning and Licensing Committee Tuesday, 26 April 2016 at 10:30 County Hall, County Hall, West Bridgford, Nottingham, NG2 7QP Planning and Licensing Committee Tuesday, 26 April 2016 at 10:30 County Hall, County Hall, West Bridgford, Nottingham, NG2 7QP AGENDA 1 Minutes of the last Meeting held on 22 March 2016 3 - 6 2 Apologies for Absence 3 Declarations of Interests by Members and Officers:- (see note below) (a) Disclosable Pecuniary Interests (b) Private Interests (pecuniary and non-pecuniary) 4 Declarations of lobbying 5 Public Bridleway Creation Order at Bevercotes Pit Wood 7 - 14 6 Coneygre Farm, Thurgaton Lane Hoveringham 15 - 38 7 Land off Welshcroft Close Portland Industrial Estate Kirkby-in- 39 - 106 Ashfield 8 Response to Department for Communities and Local Government 107 - Consultation on Planning Changes 120 9 Corrospondance on Planning Applications 121 - 122 10 Development Management Report 123 - 144 11 Work Programme 145 - 148 Page 1 of 148 Notes (1) Councillors are advised to contact their Research Officer for details of any Group Meetings which are planned for this meeting. (2) Members of the public wishing to inspect "Background Papers" referred to in the reports on the agenda or Schedule 12A of the Local Government Act should contact:- Customer Services Centre 0300 500 80 80 (3) Persons making a declaration of interest should have regard to the Code of Conduct and the Council’s Procedure Rules. Those declaring must indicate the nature of their interest and the reasons for the declaration. Councillors or Officers requiring clarification on whether to make a declaration of interest are invited to contact David Forster (Tel. 0115 977 3552) or a colleague in Democratic Services prior to the meeting. (4) Councillors are reminded that Committee and Sub-Committee papers, with the exception of those which contain Exempt or Confidential Information, may be recycled. (5) This agenda and its associated reports are available to view online via an online calendar - http://www.nottinghamshire.gov.uk/dms/Meetings.aspx Page 2 of 148 minutes Meeting PLANNING AND LICENSING COMMITTEE Date 22 March 2016 (commencing at 10.30 am) membership Persons absent are marked with `A’ COUNCILLORS John Wilkinson (Chair) Sue Saddington (Vice-Chair) Roy Allan Andy Sissons Andrew Brown Keith Walker Steve Calvert Jacky Williams Jim Creamer Yvonne Woodhead A Rachel Madden OFFICERS IN ATTENDANCE David Forster – Resources Department Jonathan Smith – Place Department Ruth Kinsey – Place Department Sue Bearman - Resources Department MINUTES OF LAST MEETING HELD ON 23 FEBRUARY 2016 The minutes of the meeting held on23 February 2016 having been circulated to all Members were taken as read and were confirmed and signed by the Chair. APOLOGIES FOR ABSENCE There were no apologies for absence. DECLARATIONS OF INTERESTS BY MEMBERS AND OFFICERS There were no declarations of interest DECLARATIONS OF LOBBYING OF MEMBERS There were no declarations of Lobbying CHANGE IN ORDER OF BUSINESS Page 3 of 148 1 With the agreement of the Committee agenda item 6 was taken before item 5 on the agenda SCROOBY SOUTH QUARRY, GREAT NORTH ROAD, SCROOBY VARIATION OF CONDITION 1 OF PLANNING PERMISSION 1/14/00537/CDM TO ENABLE MINERALS DEVELOPMENT TO BE COMPLETED BY 31/12/2023 Mr Smith introduced the report and gave a slide presentation. During his introduction he highlighted the following:- Firstly plan 1 attached to the report should show that the application site is not tight up to the Railway line but should be some 60 meters back Conditions set out in the appendix attached to the report highlight any issues with regard to groundwater issues e.g. contamination or water loss due to the fishery located nearby There are 3 stages of extraction starting from North to South with approximately 740,000 tonnes being removed. The nearest property is some 320 Meters to the south of the application and therefore the noise issue will be at a minimum Following the introductory remarks of Mr Smith there was one speaker and a summary of his speech is set out below. Mr J Standen, agent for the applicant, spoke in favour of the application and highlighted the following:- Rotherham Sand and Gravel (RS&G) is a long established independent local business that supplies North Notts with aggregates and asphalt The development of the site is wholly consistent with the adopted and emerging Nottinghamshire Minerals Local Plan RS&G ensure that good operational practice is undertaken throughout the company. The extension in time proposed will enable RS&G to continue to meet local requirements for aggregate and building supplies in the area. There were no questions Mr Smith responded to comments made by Members as follows:- The application does form part of the Landbank for Nottinghamshire and not approving the proposal would reduce the landbank by around 4 months. If there was any effect on the fishing lakes then the conditions agreed in appendix 1 would take account of this. On a motion by the Chair seconded by the Vice Chair it was:- RESOLVED 2016/021 Page 24 of 148 That planning permission be granted subject to the conditions set out in Appendix 1 attached to the report. BILSTHORPE HIGHWAYS DEPOT BILSTHORPE BUSINESS PARK EAKRING ROAD BILSTHORPE Mr Smith introduced the report and gave a slide presentation. During his introduction he highlighted the following:- The application is to add additional office space on the Bilsthorpe site The three local Parish Councils (Bilsthorpe, Rufford and Eakring) have not responded to the application In response to a comment Mr Smith informed members that he will speak with Corporate Property with regard to Solar Panels and other energy saving systems. On a motion by the Chair seconded by the Vice Chair it was:- RESOLVED 2016/022 That planning permission be granted for the purposes of Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the conditions set out in Appendix 1 attached to the report. DEVELOPMENT MANAGEMENT PROGRESS REPORT On a motion by the Chair seconded by the Vice Chair it was:- RESOLVED 2016/023 That the Development report be noted WORK PROGRAMME On a motion by the Chair seconded by the Vice Chair it was:- RESOLVED 2016/024 That the Work Programme be noted CHAIRMAN Page 35 of 148 Page 6 of 148 Report to Planning and Licensing Committee 26th April 2016 Agenda Item:5 REPORT OF CORPORATE DIRECTOR - PLACE PROPOSAL: PUBLIC BRIDLEWAY CREATION ORDER AT BEVERCOTES PIT WOOD Purpose of the Report 1. To inform Committee about a Public Path Creation Order (made in March 2015) relating to Bevercotes Pit Wood which has been made and subsequently objected to. The main purpose of the Order is to record a public bridleway into and around the Wood on existing paths and tracks. The wood, a former colliery site, is now owned by Nottinghamshire County Council and is leased to the Forestry Commission for 999 year term. The site was restored by Nottinghamshire County Council and the Forestry Commission working in partnership through the 'Greening the Coalfield' project. Public access to the wood is currently permitted on foot only. A plan of the site is shown at Appendix 1. 2. The Order was made following a request by horse riders wishing to use the wood for off- road recreational riding. A series of photographs highlighting features around the wood are shown at Appendix 2. Information and Advice 3. Nottinghamshire County Council has powers under Section 26 of the Highways Act 1980 to make Public Path Creation Orders for footpaths and bridleways. When determining such matters the authority must have regard to the extent to which the path being created would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and to the effect it would have on the rights of persons interested in the land (i.e. the landowner or tenant). 4. Consideration must also be given to the provisions contained in Section 28 of the Highways Act 1980 where compensation can be claimed by persons with an interest in the land who are disadvantaged by the creation of rights of way (i.e. such as a loss in land value). 5. Equestrian access into the wood would be made at point ‘D’ by the creation of a public bridleway along Gravel Pit Lane (an existing access track) which then connects to West Drayton Bridleway No.2. 6. Three new definitive footpath links (from points A,B,C) are also proposed which provide additional pedestrian access into the wood. Page 7 of 148 1 Consultation 7. As is standard procedure prior to the Order being made, consultation was carried out with interested parties including Nottinghamshire County Council’s Property Division who were believed to be the only affected landowner. As no comments or objections were received, the Order was made and then publicised with notices being posted on site and in the local newspaper. Publicising the Order in this way provides an opportunity for people to raise formal objections. However, during this objection period it emerged that two other landowners had an interest in the affected land i.e. the Forestry Commission (as lease holders to the wood) and George Woodcock and Son (owners of Gravel Pit Lane). 8. Consequently, George Woodcock and Son of Haughton Park House Farm, Bothamsall objected to the Order on the following grounds: Failure by the County Council to notify them of the making of the Order Danger to horse riders owing to a steep dyke running alongside the proposed route which cannot be fenced off Disturbance of pheasant pens by the passing public Horses rearing and bolting when shooting is taking place on adjacent land Potential theft or damage to premises, farm machinery, fuel and crops if gates cannot be kept locked Danger to the public posed by farm machinery There is already sufficient public access over our land 9.
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