ALAN FRANKS MANAGING DIRECTOR
Town Hall, Nuneaton. Warwickshire, CV11 5AA
Our Ref: NF Telephone: (024) 7637 6376 Direct Dialling: (024) 7637 6226 Your Ref: Fax No. (024) 7637 6596 Typetalk Registered Date: 8th November, 2012 DX Nuneaton 16458 e-mail: [email protected] If calling please ask for: Nicola Ferguson
Dear Sir/Madam,
A meeting of the PLANNING APPLICATIONS COMMITTEE will be held in the Council Chamber, Town Hall, Nuneaton on Monday, 19th November 2012 at 5.00 p.m. (In the event of the meeting being adjourned the Committee will re-convene on Friday, 23rd November, 2012 at 6.00 p.m.)
A site visit will take place prior to the meeting as detailed overleaf.
Public Consultation on planning applications will commence at 5.00 p.m. (see agenda item no. 5 for clarification).
Yours faithfully,
ALAN FRANKS
Managing Director
To: All Members of the Planning (Councillors W.J. Hancox (Chair) Applications Committee R.G. Copland, J. Foster, K.A. Kondakor, A.A. Lloyd, I.K. Lloyd, B.J. Longden D.C. Navarro, D. O’Brien, N.J.P. Phillips, G.D. Pomfrett, W.H. Sheppard and K.D. Wilson)
Planning Applications Committee 19.11.12 1
A G E N D A
PART I - PUBLIC BUSINESS
Site Visit Information
Members are reminded that a site visit will take place in connection with the application numbers 031210/GC, 31658/WB, 31588/SL. Members are asked to meet at the Kingdom Hall, Deronda Close, Bedworth (Item 4) at 2.15pm, 31 Plough Hill Road Nuneaton (Item 2) at 2.45pm and Rear of 2 John Street, Nuneaton (Item 3) at 3:15pm.
Members not having own transport are asked to meet at the Town Hall by no later than 2.00pm. If members require a lift from Bedworth Civic Hall they are asked to phone 024 76376325 at least 24 hours before to arrange for an officer to pick them up at 2:10pm.
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 19.11.12 2
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.
2. APOLOGIES - to receive apologies for absence from the meeting.
3. MINUTES - To confirm the minutes of the meeting held on the 10th October, 2012 attached. (Page 5)
4. DECLARATIONS OF INTEREST
To receive declarations of Disclosable Pecuniary and Other Interests, in accordance with the Members’ Code of Conduct.
Note: Following the adoption of the new Code of Conduct, Members are reminded that they should declare the existence and nature of their personal interests at the commencement of the relevant item (or as soon as the interest becomes apparent). If that interest is a 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.
Planning Applications Committee 19.11.12 3
5. APPLICATIONS FOR PLANNING PERMISSION ON WHICH THE PUBLIC HAVE INDICATED A DESIRE TO SPEAK. EACH SPEAKER WILL BE ALLOWED 3 MINUTES ONLY TO MAKE THEIR POINTS - Head of Development Control’s report attached. (Schedule Page 11)
6. APPLICATIONS FOR PLANNING PERMISSION ON WHICH NO MEMBER OF THE PUBLIC HAS INDICATED A DESIRE TO SPEAK - Head of Development Control’s report attached. (Schedule Page 11)
7. ANY OTHER ITEMS which in the opinion of the Chair of the meeting should be considered as a matter of urgency because of special circumstances (which must be specified).
Planning Applications Committee 19.11.12 4 - 106 -
NUNEATON AND BEDWORTH BOROUGH COUNCIL
PLANNING APPLICATIONS COMMITTEE 10th October, 2012
A meeting of the Planning Applications Committee was held at the Town Hall, Nuneaton, on Wednesday, 10th October, 2012.
Present
Councillor W.J. Hancox - Chair
Councillors R.G. Copland, J. Foster, K.A. Kondakor, A.A. Lloyd, I.K. Lloyd, B.J. Longden D.C. Navarro, D. O’Brien, N.J.P. Phillips, W.H. Sheppard and K.D. Wilson.
An apology for absence was received from Councillor G.D. Pomfrett.
176 Minutes
RESOLVED that the minutes of the meeting held on 12th September, 2012 be confirmed.
177 Declarations of Interest
The following members declared interests in respect of the applications indicated (the reasons for the declaration of interests are recorded in the relevant minute or in the schedule).
Councillor K.D. Wilson : 031658/WB, 031699/SN
Councillor W.J. Hancox : 031405/PO, 031698/HE
Councillor K.A. Kondakor : 031699/SN
Councillor R.G. Copland : 031405/PO
Councillor N.J.P. Phillips : 031472/SL
Councillor J. Foster : in any relevant item by reason of him being a Member of Warwickshire County Council and 031210/GC
All Committee Members : 031405/PO Present
Councillor B. Longden : in any relevant item by reason of him being a Member of Warwickshire County Council and 031472/SL
Councillor A.A. Lloyd : in any relevant item by reason of him being a Governor at George Eliot Hospital
Planning Applications Committee 19.11.12 5
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Councillor W.H. Sheppard : 031658/WB
Councillor D. O’Brien : 031298/BU, 031698/HE
Head of Development : 031658/WB Control
IN PUBLIC SESSION
178 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.
179 Continuation of Meeting – 3 hour rule
RESOLVED that under Part 4 of the Constitution (Rules of Procedure) the meeting continue until the business is completed.
Chair
Planning Applications Committee 19.11.12 6 - 108 -
SCHEDULE OF APPLICATIONS FOR PLANNING PERMISSION AND RELATED MATTERS REFERRED TO IN MINUTE 178 OF THE PLANNING APPLICATIONS COMMITTEE ON 10TH OCTOBER, 2012
031472/SL: Griff House Beefeater, Coventry Road, Nuneaton Listed building consent for the demolition of existing outbuildings known as West Range, Range Lean-to and the East Range Applicant: Christopher Orton
Speakers: Vivienne Wood Dean Elliot
DECISION:
Refused on the grounds that the outbuildings make a significant and positive contribution to the Grade 2 listed designated heritage asset. The justification for the demolition of these outbuildings would not outweigh the substantial and permanent harm that would be caused by their loss. Furthermore, it has not been adequately demonstrated that it would be unviable to restore these outbuildings or find an alternative use for them that would secure their future.
N.B. Councillor N.J.P. Phillips declared a Deemed Disposable Pecuniary Interest in this item by reason of him being a member of the George Eliot Fellowship and left the room during consideration of this item and took no part in the discussion or voting thereon.
Councillor B. Longden declared an Other Interest in this item by reason of him being a member of English Heritage.
031405/PO: Hawkesbury Golf Course, Blackhorse Road, Exhall, Coventry Creation of canal marina up to 150 berths, 40 allotments, community centre, up to 200 dwellings (up to 50 to be affordable) public open space including retention and creation of foot & cycle paths, creation of natural play area & associated landscaping. (Outline including access) Applicant: The Ronald Wilson Trust
Speakers: Lynne Price – Chair, HVRA Jonathan Adams
DECISION:
In the event the Secretary of State for Communities and Local Government decides not to intervene, the Head of Development Control be given delegated authority to grant planning permission subject to the completion of a Section 106 agreement relating to contributions towards the provision and maintenance of open space and play facilities in the area; the provision of affordable housing; the provision of footpath/cycleway/linkage improvements and the installation of CCTV equipment and/or to revalidate the traffic signal controls at the Bayton Road/Coventry Road junction and conditions as detailed in the report.
Planning Applications Committee 19.11.12 7 - 109 -
N.B. Councillors R.C. Copland and W.J. Hancox declared an Other Interest in this item by reason of their employment with Coventry City Council.
All Committee Members present declared an Other Interest in this item by reason of them knowing Lynne Price.
031210/GC: “Site 25C009” - Land rear of 31 Plough Hill Road, Nuneaton Erection of 12 dwellings (9 houses, 1 dormer bungalow and 2 flats) with associated external works, new access off Plough Hill Road to plot 12 and closure of Fletchers Drift Lane (including demolition of existing dwelling) (Outline to include Access, Appearance, Layout and Scale) Applicant: Executors of Mrs Hilda Morris
Speakers: Mrs. K. O’Rourke Councillor M. P. Grant (Ward Councillor)
DECISION:
Deferred for a site visit to assess the impact on the visual amenities of the area and the impact on highway safety.
N.B. Councillor J. Foster declared an Other Interest in this item by reason of him being the Ward County Councillor for Galley Common.
031658/WB: “Site 62A011” - Garages off John Street, Nuneaton Erection of 3 terraced houses with associated parking Applicant: Mr B Dhaliwal
Speakers: Mr. S. Ahmedabadi Mr. Richard Nailor Mr. Dhaliwal
DECISION:
Deferred for a site visit to assess the impact on highway safety and the personal safety of future residents and to allow for consultation with Nuneaton and Bedworth Borough Council’s Refuse and Cleansing Department and Warwickshire Fire and Rescue Service.
N.B. Councillor K.D. Wilson declared an Other Interest in this item by reason of him being a member of Coton Ex-Serviceman’s Club.
Councillor W.H. Sheppard declared an Other Interest in this item by reason of him being approached by the developer but gave no indication as to his intentions and referred the developer to Planning Officers.
The Head of Development Control declared an Officers interest in this item by reason of her brother-in-law being the agent acting for the applicant.
Planning Applications Committee 19.11.12 8 - 110 -
031298/BU: Hollyhurst Farm, Coventry Road, Coventry Vary condition 8 of planning approval 031039 to allow the flying of electronically powered model aircraft and silent model aircraft (gliders) on Sundays and Bank Holidays between the hours of 10.00 & 19.00 Applicant: Mr David Orton
Speakers: Michael Carter Derek Haywood
DECISION:
Approved with Conditions.
N.B. Councillor D. O’Brien declared an Other Interest in this item by reason of knowing some of the individuals associated with this application.
031588/SL: Kingdom Hall, Deronda Close, Bedworth Installation of 2 external air condensers and acoustic timber housing. Brick up windows on western elevation and alterations to door on southern elevation. Applicant: Mr & Mrs Beaufoy
DECISION:
Deferred for a site visit to assess the impact on the residential amenity of surrounding properties and to enable further consultation with Environmental Health in respect of how the proposed noise mitigation would prevent disturbance to these properties. ______
031574/CH: Camp Hill Phase 3 (2 of 6) Edinburgh Road, Nuneaton Erection of 141 dwellings (Approval of reserved matters: landscaping of outline planning permission 030128B) Applicant: Mr Andrew Dauncey
DECISION:
Approved with conditions.
031698/HE: “Site 104D003” – Alice Close, Bedworth Residential development (Outline application with access, all other matters reserved) (Resubmission of application reference 030654) Applicant: Mr G Dewis
Speaker: Michael O’Donnal Mr. Bimby Michael Burrow Mr. Dewis
Planning Applications Committee 19.11.12 9 - 111 -
DECISION:
Refused on the grounds that it has not adequately been demonstrated that noise disturbance from traffic along the A444, even with the proposed mitigation, would provide an acceptable level of residential amenity for the future occupiers of the proposed dwellings.
N.B. Councillor D. O’Brien declared an Other Interest in this item by reason of him knowing Mr. Bimby.
Councillor W.J. Hancox declared an Other Interest in this item by reason of him being an affiliated member Bedworth Rugby Club
031699/SN: Former Graziers Arms Site, Weddington Road, Nuneaton Erection of restaurant with drive-through facility and associated car parking Applicant: KFC(GB)Limited
DECISION:
Approved with conditions.
N.B. Councillor K. Kondakor declared an Other Interest in this item by reason of him previously objecting to the application.
Councillor K.D.Wilson declared an Other Interest in this item by reason of him being a Director and Governor of Etone Technology College.
Planning Applications Committee 19.11.12 10 Planning Applications Committee 19th November 2012
Applications for Planning Permission etc. Agenda Item Index
Item Page No. No.
Previously Considered
1 031405/PO Hawkesbury Golf Course, Blackhorse Road, Exhall, Coventry 12
Site Visits
2 031210/GC Site 25C009 - Land rear of 31 Plough Hill Road, Nuneaton 30 3 031658/WB Site 62A011 - Garages off John Street, Nuneaton 35 4 031588/SL Kingdom Hall, Deronda Close, Bedworth 38
Planning Applications
5 031589/SN Site 42B001 - Land R/o 28-44 The Long Shoot, Nuneaton 40 6 031713/SL The Griff School Hurst Road, Bedworth 52 7 031664/EX The Orchard PH, Coventry Road, Exhall, Coventry 59 8 031665/EX The Orchard PH, Coventry Road, Exhall, Coventry 61 9 031719/CH Camp Hill Phase 3, Nuneaton 64 10 031631/AB Rear of 83 Stanley Road, Nuneaton 67
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 19.11.12 11 PREVIOUSLY CONSIDERED
Members will recall debating this application at the last Committee meeting. It was resolved that the Head of Development Control be given delegated powers to approve the application subject to the Secretary of State not calling in the application for determination, a legal agreement being completed and conditions as reported to Committee.
Since that time an error in the processing of the application has been highlighted. We received 35 copies of a typed objection letter from 34 different properties, all of which stated that “they wanted to be kept informed of all aspects of the application process”. Unfortunately this was not done and none of them were made aware that the application was to be reported to Committee.
As no formal decision has yet been made on the application and, after consultation with the Chair, the application is being referred back to you for decision.
Attached after the report is Appendix A, which is the Officer’s report on the application as given verbally at the last Committee.
1. 031405/PO: Hawkesbury Golf Course, Blackhorse Road, Exhall, Coventry Creation of canal marina up to 150 berths, 40 allotments, community centre, up to 200 dwellings (up to 50 to be affordable) public open space including retention and creation of foot & cycle paths, creation of natural play area & associated landscaping. (Outline including access) Applicant: The Ronald Wilson Trust
Consultees Notified: Severn Trent Water, WCC Highways, Network Rail, Warwickshire Wildlife Trust, Open Space Society, Ramblers Association, WCC Structure Plan, Inland Waterways Association, Environment Agency, WCC Rights of Way, WCC Countryside Access, Natural England, British Waterways, WCC Police, Coventry City Council, Environmental Health, Policy Team, Housing Department. Parks and Countryside, Coal Authority, Health and Safety Executive.
Neighbours Notified: 1-57 (odd), 2-38 (even) Sinclair Drive; 1-47 (odd), 2-10 (even), 16-22 (even) Sephton Drive; 69-85 (odd), 95, 97, 99a, 99b, 101-109 (odd), 125, 127, 129 Blackhorse Road; 2-58 (even), 1-27 (odd) Heritage Drive; 1-48 (inc) Aspen Drive; Blackhorse Road Residents Association, HVRA, Hawkesbury Hall Farm, Coventry Road; Handmade Speciality Products Ltd - 67 Blackhorse Road, LAR Welders, Hyfore Engineering Company, Aerocom, TCB Contracts Ltd - rear of 67 Blackhorse Road, 105a, 105b, 113-119 (odd) Blackhorse Road
Consultation Representations: Warwickshire Police 1. No objection subject to: a. Routes for pedestrians, cyclists and vehicles should not be segregated from one another. b. Where isolated paths are unavoidable they should be at least 3 metres wide. c. The boundaries between public and private areas should be clearly indicated.
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d. It is preferable that footpaths are not placed at the back of properties. e. Recommend that the development achieves Secure By Design accreditation.
Warwickshire Fire and Rescue 1. No objection subject to a condition covering: a. Details of fire hydrants.
Coal Authority 1. No objection subject to a condition covering: a. Site investigation and any necessary remedial works.
Network Rail 1. No objection. 2. Request Section 106 contributions of around £60,000 towards red road light enforcement cameras at Hawkesbury Lane level crossing.
Inland Waterways Association 1. No objection as there is a pressing need for improved services at such an iconic spot as Hawkesbury junction. There are few marina facilities between the north of Nuneaton and Brinklow which leads to a great deal of canal bank mooring, cluttering the area of the Greyhound pub. 2. Pleased to see relatively low density housing and accompanying facilities such as allotments and recreational areas.
Severn Trent Water 1. No objection subject to a condition covering: a. Details of drainage.
Warwickshire Wildlife Trust 1. No objection following conditions covering: a. Details of an Ecological Construction Management Plan. b. Details of ecological mitigation and enhancement measures. c. Details of an Ecological Management Plan.
Environment Agency 1. No objection subject to conditions covering: a. Development shall be carried out in accordance with the Flood Risk Assessment. b. Details of site investigation and any remedial work. c. Details of drainage.
Warwickshire County Council Rights of Way 1. No objection subject to: a. Public Footpaths B34, B36 and B54 remaining open at all times.
Natural England 1. No objection subject to conditions covering: a. Details of a method statement for bats, great crested newts and reptiles. b. Details of a monitoring strategy.
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Canal and River Trust 1. No objection subject to conditions covering: a. Details of any bridge over the marina entrance. b. Details of marina building. c. Details of lighting of the marina. d. Details of site investigation. e. Details of drainage. f. Details of landscaping.
Canal and River Trust New Marina Unit 1. Support the application. 2. Unlikely to generate any navigational safety issues. 3. The local water infrastructure will be able to accommodate the proposed new development.
Parks and Countryside 1. In terms of play provision, an equipped play area should be provided. 2. Welcome the extensive open space provision. 3. Triggers would be required so that the open space and play facilities are provided before occupancy of the houses. 4. The proposed improved pedestrian and cycle routes would allow sustainable access to Bedworth town centre and Miners Welfare Park. Would also link to the highest priority route for development in Bedworth- the Bedworth Heath to Town centre route. This would offer an extensive cycle path network. Requests S106 contributions to create sections of cycle paths links outside the site of £175,375 for cycle path between Hawkesbury junction and Coalpit Fields and £37,950 for cycle path between Coalpit Fields and Black Bank. 5. Welcome provision of allotments. 6. There are opportunities for mitigation such as bat and bird boxes, wildflower meadow creation and marshland planting. 7. Comments on further survey work that has been carried out: a. A condition is required that all Japanese Knotweed on all land that is to be transferred to the Council shall be removed. b. Do not dispute the further surveys in relation to Otters and Badgers. c. Query if more could be done in terms of habitat management/enhancement to create greater opportunity for Water Vole colonisation. d. The Bat Tree Survey indentifies a tree to be removed that has significant potential for bats to utilise. Unless there is a fundamental arboricultural reason, this tree should be retained. e. Lighting levels should be kept low to reduce the impact on bat habitats. An experienced bat ecologist should be consulted on the lighting strategy.
Warwickshire County Council Archaeology 1. No objection subject to a condition covering: a. Details of programme of archaeological work.
Environmental Health 1. Concerns about the proximity to Bayton Road Industrial Estate which contains a number of general industrial uses. 2. Suggest conditions covering: a. Site investigation. b. Details of noise insulation and ventilation.
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Planning Policy 1. Original comments were that Green Belt policy should be upheld. 2. It should be demonstrated that sites within the countryside and area of restraint have been considered before identifying a site in the Green Belt. 3. It should be demonstrated that there is a need for the residential development to be located with the marina development. 4. No objections following the demonstration that the residential development is an enabling development for the proposed marina and the submission of a sequential search of alternative sites which demonstrates that there are no sequentially preferable sites that are suitable, available and achievable that can accommodate the proposed marina and dwellings.
Health & Safety Executive 1. No objection.
Housing Strategy 1. Support application. 2. There is a need for more affordable housing in the borough. 3. One of the Council’s key Corporate Plan priorities is “To provide a choice of housing to meet the needs of residents of the borough”. 4. As at 1st June 2012 the Council’s Choice Based Lettings register stood at 4,905 live household applications for housing. Within this number, 1,524 are applicants with a significant housing need and therefore in high priority for re-housing. Of the 1,524 applicants, 30% reside in Bedworth. 5. Welcome the provision of 50 affordable units which would contribute significantly to the shortfall in affordable housing in the whole borough and would compliment the whole scheme in terms of providing a range of properties.
Coventry City Council 1. Objection in terms of the impact on highway safety and highway network. 2. If minded to approve request a financial contribution of £80,000 for Coventry City Council towards the signalisation of the junction of Longford Road and Oakmoor Road if application is approved.
Warwickshire County Council Highways 1. No objection subject to conditions covering: a. Details of traffic management scheme for Blackhorse Road. b. Details of estate roads, footways, cycleways, verges and footpaths. c. Details of construction management plan. 2. Requests S106 contributions of: a. £60,000 for the installation of CCTV equipment and/or revalidate the traffic signal control at the Bayton Road signals. b. £10,000 for improvements to existing public rights of way network external to the site. c. £50 per dwelling for sustainable welcome packs.
NBBC Land and Property Manager 1. The development costs of the marina are likely to exceed the market value of the completed marina and accordingly it is unviable as a stand alone project.
Planning Applications Committee 19.11.12 15
Neighbour Representations: Objections Letters from 1, 21 Heritage Drive, 3, 5, 16, 17, 20 36, 44, 47, 48 Aspen Drive, 17, 22, 37, 43, 45, Sephton Drive, 3, 4, 7,16, 22, 25, 27, 37, 43, 45, 47, 49, 51, 53, 55, 57 Sinclair Drive, 73, 95, 102, 117 Blackhorse Road, 44 Old Church Road, 118 Jackers Road, 40 (2 letters), 119 Wilsons Lane, 8 Cedars Road, 115 Grant Road, 108 Coalpit Fields Road; raising the following points: 1. We have major issues with roads on our estate. How will the new 200 plus cars affect this already problematic system? 2. There is a variety of wildlife in the area including foxes, buzzards, kestrels, owls and watervoles that would be lost. 3. The new estate would increase the footflow of people walking past our houses. 4. Increased moorings would lead to more cars parked in our streets. 5. Land is in Green Belt and a previous application has been rejected for this reason. 6. Increased traffic and congestion. 7. The size of the proposed development is excessive, particularly with the lack of amenities in the area. 8. Any planned community facilities should be in place before residential properties are built. 9. Local doctors surgeries and schools are at capacity. 10. No facilities such as a shop or eating establishment for the boaters. 11. Poor existing bus service. 12. The marina would require additional storage of equipment. 13. Are the allotments a necessary requirement in this area. 14. Proposals are against the Local Plan. 15. The value of this Green Belt land can be observed by the volume of people enjoying it. It is part of Hawkesbury Village’s heritage. 16. Land is known to be contaminated. This could be a risk to residents in the immediate vicinity. 17. Residents believed the open space would be given to the Council. 18. Will the marina be residential? 19. No guarantee that the community building, allotments and play area will be provided. 20. Would not encourage employment and tourism.
Letter from Hawkesbury Village Residents Association raising the following points: 1. The number of 200 dwellings is too many. 2. The current road infrastructure can not take the increase in traffic associated with the proposed dwellings and marina. 3. Request a condition that if this application is approved a community building and allotments must form part of the subsequent applications for the site. 4. Hawkesbury Village has seen an unprecedented level of housing development over recent years but there is still only one shop and a pub. The community facilities are of paramount importance for this area. 5. There is a lack of spaces at the local primary school.
Background: This application is an outline application for the creation of a canal marina, residential development, allotments, community building and public open space and landscaping. The following matters are to be considered at this stage: Access – accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network.
Planning Applications Committee 19.11.12 16
The following matters are reserved to be considered at a future stage and do not form part of the application: Layout – the way in which buildings, routes and open spaces are provided within the development and their relationship to buildings and spaces outside the development; Scale – the height, width and length of each building proposed in relation to its surroundings; Appearance – the aspects of a building or place within the development which determine the visual impression it makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture; and Landscaping – treatment of private and public space to enhance or protect the site’s amenity through hard and soft measures, for example, through planting of trees or hedges or screening by fences and walls.
Relevant Previous History: 009792: 120 berth marina, ablution block, 72-bed hotel with associated leisure facilities, modifications to golf course, clubhouse and driving range. Recommended for approval then called-in by Secretary of State in March 2006 and subsequently refused on 19/01/2007.
009389: 120 berth marina, ablution block, 72-bed hotel with associated leisure facilities, modifications to golf course, clubhouse and driving range. Refused 02/02/2005.
TP/0499/02: 120 berth marina, ablution block, 35-bed hotel with associated leisure facilities, modifications to golf course, clubhouse and driving range. Deemed refused 15/03/2004.
TP/0050/98: Extension to form golf shop and enlarged clubroom. Withdrawn 03/07/1998.
TP/0159/94: Reserved matters application for clubhouse, 30-bed hotel, 18-hole golf course, golf driving range, landscaping and associated facilities. Approved 24/10/1996.
TP/0046/94: Variation of time condition to allow further 3 years for the submission of details. Approved 01/04/1996.
TP/0117/89: Outline application for residential, 9-hole golf course, clubhouse, hotel, car parking and associated facilities. Approved 19/03/1991.
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006: H3 Affordable Housing, H6 Planning Obligations, ENV1 Green Belt and ENV14 Supplementary Planning Guidance/ Supplementary Planning Documents. Residential Design Guide 2004. Affordable Housing SPD 2007. National Planning Policy Framework March 2012.
RECOMMENDATION: The Council be minded to approve the application and it be referred to the Secretary of State for the Communities and Local Government in accordance with Circular 2/09: The Town and Country Planning (Consultation) (England) Direction 2009. If the Secretary of State decides not to intervene, the Head of Development Control be given delegated authority to grant planning permission following the completion of a Section 106 agreement relating to contributions towards the provision and maintenance of open space and play facilities in the area; the provision of affordable housing; the provision of footpath/cycleway/linkage improvements and the installation of CCTV equipment and/or to revalidate the traffic signal controls at the Bayton Road/Coventry Road junction and the following conditions below:
Planning Applications Committee 19.11.12 17
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, 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.
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 LP.01 23rd March 2012 Conceptual Masterplan CMP-01 23rd March 2012 Land Uses Layout LUL-01 23rd March 2012 Constraints Plan Layout CPL-01 23rd March 2012 Site Sections Boundaries SS.02 23rd March 2012 Site Sections SS.01 23rd March 2012 Site Survey P2022 23rd March 2012 Design & Access Statement PL111105 23rd March 2012 Planning Statement Volume 1 C:/RC/JA/RR/M8/0416-05 23rd March 2012 Planning Statement Volume 2 C:RC/JA/RR/M8/0416-05 23rd March 2012 Statement of Community C:JA/RR/M8/0416-04 23rd March 2012 Involvement Transport Assessment 4th April 2012 Flood Risk Assessment 12011 23rd March 2012 Landscape Appraisal & 1352 LVA 23rd March 2012 Strategy Report Noise & Vibration Report Revision 2 23rd March 2012 Phase 1 Desk Study 80198 23rd March 2012 Extended Phase 1 Habitat RT-MME-110987 23rd March 2012 Survey Arboricultural Survey RT-MME-110989 23rd March 2012 Archaeological Assessment 23rd March 2012 Residential Travel Plan Framework 23rd March 2012 5. Prior to the submission of the first reserved matters application(s) for the site, a site wide phasing plan shall be submitted and approved in writing by the Council. The phasing plan shall include details of the proposed sequence of development across the entire site including associated trigger points and the extent of the development phases/plots, including reference to the type and extent of development, of the following features within the site: a. Major infrastructure including all accesses, roads, footpaths and cycleways b. Canal marina & associated facilities c. Residential dwellings d. Allotments e. Community centre f. Equipped play area g. Public open space h. Landscaping & biodiversity enhancement areas The development shall be carried out in accordance with the approved timings contained within the phasing plan unless otherwise agreed in writing by the Council.
Planning Applications Committee 19.11.12 18
6. 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. 7. No development shall commence until a site investigation to determine the extent of any coal mining legacy issues has been carried out and the results submitted to the Council, along with any necessary remedial measures. No building operations shall commence until either: a. The Council has agreed in writing that no remedial measures are required, or b. Details of remedial measures to treat the mine entries and/or areas of shallow mine workings have been approved in writing by the Council, in which case the works shall not be carried out other than in accordance with the approved details. 8. No development shall commence until details for the disposal of both surface water and foul sewage have been submitted to and approved in writing by the Council. No development creating surface water run off and no dwelling shall be occupied until the drainage works in accordance with the approved details have been carried out. 9. The development hereby permitted shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) prepared by Stewart & Harris (ref: 12011 and received by the Council on 23rd March 2012) and the following measures detailed in the Flood Risk Assessment shall be implemented: a. Limiting the rate of surface water run-off generated by the site to discharge at no more that the existing Greenfield rate as detailed in the FRA. b. Attenuation of surface water on site to the 1 in 100 year flood event standard plus an allowance of 30% climate change, using SuDS as proposed in the FRA. c. The proposed on site surface water drainage system should be designed to the Sewers for Adoption, 30 year standard or similar. However, details must also be provided to confirm that surface water will not leave the proposed site in the 100 year 30% (for climate change) event, d. The site porosity tests and contamination testing shall be undertaken and submitted to indicate the suitability of the ground for infiltration purposes as detailed in the FRA. e. Details of how the entire surface water scheme shall be maintained and managed after completion. 10. The development hereby approved shall not be implemented until a contaminated land assessment and associated remedial strategy, has been submitted to, and agreed in writing by the Council. 11. The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. 12. If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the Local Planning Authority before the additional remediation works are carried out. The agreed strategy shall be implemented in full prior to completion of the development hereby approved. 13. On completion of the agreed remediation works, a closure report and certificate of compliance, endorsed by the interested party/parties shall be submitted to and agreed in writing by the Local Planning Authority. 14. No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Council.
Planning Applications Committee 19.11.12 19
15. The details required by condition 1(e) shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner: Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 16. No development shall commence until full details of the precise alignment and specification of the dedicated foot and cycle paths 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. 17. No development shall commence until full details of the boundary treatments, including new walls and fences, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the boundary treatment to that plot has been carried out in accordance with the approved details. 18. 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. 19. No development shall commence until details of the marina facilities building, including its location, design and materials have been submitted and approved in writing by the Council. The development shall not be carried out other than in accordance with the approved details. 20. No development shall commence until a scheme for the lighting of the marina, housing and associated access roads, parking areas and open spaces has been submitted to and approved in writing by the Council. This should demonstrate full consultation with a suitable qualified and experienced ecologist to inform the proposals. The development shall not be carried out other than in accordance with the approved details. 21. No development shall commence until details of the layout of open space, including the equipped play area, public open space, landscaping & biodiversity enhancement areas, boundary details, surfacing, drainage, litter bins, knee rail, benches and entrance and water safety signs has 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. 22. No development shall commence until an Ecological Management Plan has been submitted to and approved in writing by the Council. This should include details of ecological mitigation and enhancement measures across the site as detailed in the Great Crested Newt Mitigation Strategy (Ref RT-MME-112139-01) and Reptile Mitigation Strategy (Ref RT-MME-112172-01) and those such as any habitat enhancement for water voles, the extent of the proposed wildflower meadow creation, details of plants to provide additional foraging areas for bats and details of replacement roosting and nesting habitats for bats and breeding birds and a programme of works and should demonstrate how the enhancement measures would be maintained in the long-term. The scheme shall be implemented in accordance with the approved programme and details. 23. No construction works or site clearance shall commence until an Ecological Construction Management Plan has been submitted to and approved in writing by the Council. This should include full details of any pre-construction checks required, the species safeguards to be employed throughout, appropriate working practices and timings of construction works and the extent of buffer zones and stand offs for sensitive ecological features. The plan should also include details of a suitably qualified Ecological Clerk of Works to oversee the implementation of the construction management plan and address any contingency measures where appropriate. The scheme shall be implemented in accordance with the approved programme and details.
Planning Applications Committee 19.11.12 20
24. No development shall commence until full details of the location of all Japanese Knotweed on all land to be transferred as open space as been shown on a scaled plan which together with a scheme for the eradication of Japanese Knotweed has been submitted to and approved in writing by the Council. The scheme shall include a timetable for implementation. All Japanese Knotweed shall be removed before all of the land is transferred as open space. 25. No development shall be carried out other than in accordance with the recommendations (R1, R2 and R3) within the Tree Bat Survey (Ref RT- MME 111454- 03), unless otherwise agreed in writing by the Council. 26. No development shall commence until details of the protection measures during construction for Transect B as detailed on the Reptile Survey Transects Plan (Ref C111454-02-01) has been submitted to and approved in writing by the Council. No construction work shall be carried out unless the agreed measures to protect Transect B have been provided and are maintained during the course of that phase of construction. Transect B shall be retained, unless otherwise agreed in writing by the Council. 27. No development shall commence until full design details of the roads, footways, cycleways, verges, footpaths, private drives and means of accessing individual plots have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the roads and footways serving the building have been laid out and are available for use in accordance with the approved details. 28. No development shall commence until details of a construction management plan have been submitted to and approved in writing by the Council. This shall detail how construction traffic will be managed to and from the site, including routes, times and types of measures to ensure that mud and debris would not be deposited on the highway as a result of construction traffic leaving the site. The scheme shall be implemented as approved. 29. No development shall commence until details of sustainable Welcome Packs (including public transport information) has been submitted and approved in writing by the Council. The approved packs shall be provided to each dwelling prior to the first occupation of any dwelling. 30. No development shall commence until the applicant, their agents or successors in title 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 development shall not be carried out other than in accordance with the approved details. 31. No development shall commence until details of sound insulation and ventilation for the proposed dwellings has been submitted to and approved in writing by the Council. The development shall be carried out in accordance with the approved details and no dwelling shall be occupied until the approved details have been implemented. 32. No development shall commence until full details of the site levels and finished floor levels have been submitted to and approved in writing by the Council. No construction work shall be carried out other than in accordance with the approved details. 33. The marina, hereby approved, shall not be used as permanent residential moorings . 34. No more than 150 dwellings shall be occupied until the marina has been constructed and is available for use in accordance with the details submitted under Condition 5.
Planning Applications Committee 19.11.12 21 APPENDIX A 031405
Hawkesbury Golf Course- Marina, residential development, allotments, community centre and open space
This is an outline application to create a canal village and marina. This comprises a number of elements including a canal marina off the Coventry Canal for up to 150 berths which will also have car parking and a marina facilities building for shower and toilet facilities, 40 allotments, a community facilities building, 200 residential dwellings, of which up to 150 will be open market and 50 will be affordable and public open space including the retention and creation of foot and cycle paths, creation of natural areas of play and associated landscaping. Access is also being considered at this stage.
Letters of objection have been received from local residents and the Hawkesbury Village Residents Association as detailed on the agenda raising issues such as increased traffic, impact on wildlife, impact on the Green Belt, there is already a lack of facilities in the area and that the size of the development is excessive.
In terms of the impact on the Green Belt, Policy ENV1 of the Local Plan and the National Planning Policy Framework (NPPF) make it clear that there is a general presumption against inappropriate development which is, by definition, harmful to the Green Belt. The construction of new buildings should be regarded as inappropriate development in the Green Belt, except in a number of circumstances such as buildings for agriculture, outdoor sports and recreation and limited replacement or extensions of existing buildings. Officers consider that the proposed built development to the south of the site would therefore constitute inappropriate development. Members may recall a previous application in 2005 for a 120 berth marina, 72-bed hotel and modifications to the golf course, club house and driving range. The Council were minded to approve this application and it was called in by the Secretary of State. Whilst the Inspector for the application stated that canals and canal basins are a feature of the English Countryside and agreed that the use of the marina by narrow boats would not conflict with the purposes of including land within the Green Belt he went on to say that in order not to constitute inappropriate development engineering operations and material changes of use must also maintain the openness of the Green Belt. In this case, officers consider that as the marina would be for short-term leisure moorings only and not for residential moorings and therefore of a more transient use it would not have a significant impact on the openness of the Green Belt.
The NPPF states that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open, and that the essential characteristics of Green Belts are their openness and permanence. The previous Inspector stated that a two storey hotel would be an imposing feature when viewed from the canal and towpath and would also be visible from the railway line and the housing estate to the south. The current application site is 29 hectares, of which the residential element would equate to 5.6 hectares and would be located to the southern part of the site. Despite this equating to approximately 20% of the site, officers consider that it would still cause a significant degree of harm to the openness of the Green Belt. To the south of the site there is a residential housing estate. However, there is still a degree of separation between the existing housing and that proposed as part of the masterplan. The proposed development would still replace an area of open land with permanent development which would therefore detrimentally detract from this essential open characteristic of the Green Belt.
Planning Applications Committee 19.11.12 22 The NPPF sets out the five purposes of including land in the Green Belt. The first of these is to check the unrestricted sprawl of large built-up areas. The previous inspector concluded that the site lies on the edge of but outside the built up area of Bedworth and Hawkesbury village. He found that as a result of that proposal the existing built form would be extended and would conflict with the aim of preventing urban sprawl. Officers still consider that this is the case with the current application. The application site is different to the more rural character to the east of the canal but despite this it is considered that the proposed built development would lead to sprawl of large built-up areas into the Green Belt. The second purpose is to prevent neighbouring towns from merging. The previous inspector stated that Coventry, Bedworth and Hawkesbury Village have already merged together but the proposed hotel would encroach further into the buffer between Bedworth and Bulkington. This is still the case for the current application but it is not considered that it would have a significant impact, particularly as this area of Green Belt is not at it’s narrowest and that the built development would be located to the south of the site which is the nearest part to Hawkesbury Village with the northern part of the site as open space. In terms of the third purpose of safeguarding the countryside from encroachment, it could be argued that the built development proposed to the south of the site would be seen in context with the housing estate to the south and Bayton Road Industrial estate and railway to the west which would reduce its impact on encroachment. It is also proposed that the northern part of the site is open space. However, the existing site is open and officers consider that the proposed built development would still lead to a degree of encroachment into the countryside. It is not considered that the Green Belt in this area contributes to the setting of historic town and therefore the application would not conflict with this purpose. The final purpose is to assist in urban regeneration by encouraging the recycling of derelict and other urban land. Taking into account the history of the site and previous uses, it could be argued that the proposal would encourage the recycling of derelict land. Before the use as a golf course, the site was used for mineral extraction and then for the tipping of waste. The golf course closed in 2006 and has remained closed ever since. The club house has been demolished and parts of the site have become overgrown. It could therefore be argued that the proposals would lead to the regeneration of the site which would aid in the regeneration of the area overall. However, it could also be argued that by developing this site in the Green Belt it would not encourage the development and regeneration of other urban sites. Therefore, officers consider that there is some conflict with this purpose.
In terms of the impact of the visual amenities of the Green Belt, the landscape character of the site is split into two parts and this view was taken by the previous Inspector. The southern part is more in urban in character as it is seen in relation to the existing residential development to the south and industrial estate to the west whereas the northern part has less of an urban character with views of the countryside to the east. A Landscape Appraisal has been submitted with the application which states that the southern part has a fairly enclosed visual envelope and an urban fringe character. The views from here to the east are contained by the elevated landform of the former landfill site and the industrial units at Bayton Road dominate the views to the west. The appraisal states that the southern half of the site has poor visual amenity. Officers consider that this is a fair appraisal of the site and given that the built development would be located at this part of the site it is not considered that there would be a significant detrimental impact on the visual amenities of the Green Belt and surrounding area. The northern part of the site has less of an urban character and as this is proposed as open space it is considered that this character would not just be maintained but also improved.
Planning Applications Committee 19.11.12 23 Therefore, in terms of the impact on the Green Belt, it is considered that proposed built development would constitute inappropriate development in the Green Belt that would have an adverse impact on the openness of the Green Belt. The proposals also conflict with some of the purposes of including land within the Green Belt, in particular restricting unrestricting sprawl and assisting in safeguarding the countryside form encroachment. On this basis, it is therefore necessary to consider whether there are very special circumstances that would outweigh the harm to the Green Belt by reason of inappropriateness.
The NPPF states that there are three dimensions to sustainable development- economic, social and environmental and the very special circumstances that have been put forward by the applicant can be split into these categories. In terms of economic, it has been put forward that the proposed marina is not viable without the proposed housing. The marina operator has confirmed that the marina would not be financially viable as a standalone development and would only be viable and deliverable if the infrastructure and services for the housing is delivered. Therefore, the proposed housing is an enabling development for the delivery of the marina. A viability appraisal submitted with the application demonstrates that this is the case. It shows that the costs associated with the marina such as construction, legal and consultant’s fees and finance costs would make the marina unviable on its own and that all of the proposed 200 dwellings would be required to deliver the marina. The marine operator also states that in order for a marina to be viable there are also other considerations that need to be taken into account. One of these is geotechnical in that the ground must be impermeable clay and of sufficient quality to meet British Waterways’ specification. If they had to import suitable clay to this site it would rule out the viability of the proposal. They have confirmed that from the sampling and testing carried out to date this shows that the ground should meet the required specification. The other consideration is the geographical location and the potential viability of such a development is vastly improved when it is sited close to a canal junction. This is the case at this site is at the junction of the Coventry and Oxford canals.
The Council’s Land & Property Manager together with the District Valuer have been consulted on the application and the submitted viability appraisal to give further specialist advice on the costings. Following assessment of the viability report and costings, the Land & Property Manager concluded that the ‘profit on cost’ shows a significant negative figure for the marina and that the development costs of the marina are likely to exceed the market value of the completed marina and accordingly it is unviable as a stand alone project. On this basis, officers consider that the proposed housing is an enabling development for the marina. The Planning Policy team advised that if it could be demonstrated that the residential development is required to be co-located with the marina it would be appropriate for a sequential search of sites to look only at sites adjacent to the canal network. The sequential search that has been carried out by the applicant has assessed the suitability, availability and achievability of sites that are identified in the Strategic Housing Land Availability Assessment (SHLAA) (February 2012) to accommodate the proposed marina and residential development. It assesses sites within the urban area, then in the countryside and finally the Area of Restraint. An assessment of the sites’ planning history, site constraints and opportunities and compliance with planning policy was undertaken. In terms of the sites within the urban area, they were either too small to accommodate the marina and residential elements, were more suited to employment uses, had physical constraints and not all were available now. In terms of the countryside, there are no sites in the borough that are adjacent to the canal and designated as Countryside in the Local Plan. The only site that is identified in the SHLAA that is in the Area of Restraint is Judkins Quarry. However, the marine operator has confirmed that this site is not a suitable location for a marina and
Planning Applications Committee 19.11.12 24 would not be financially viable as it is too far from the important Hawkesbury junction. It is also close to an existing canal marina known as Springwood Haven which would threaten the success of both marinas. It is also in close proximity to a landfill site which is not an attractive location to attract boat users. The area of land between the canal and railway to the north-east is also of valuable landscape character. It is also not considered that the site is available now and the SHLAA (February 2012) stated that the site is unavailable for development due to it being in active use. The site is also not achievable and would only be as a large scale land remediation project and would require a significantly larger project than the application proposal. The physical constraints such as increase in levels between the canal and landfill land, dense woodland along the canal, long distance from Hawkesbury junction and the unattractiveness to a marina operator all make this site unachievable for the proposed marina and dwellings. Officers therefore consider that the sequential search of alternative sites demonstrates that there are no sequentially preferable sites that are suitable, available and achievable now that can accommodate the proposed marina and dwellings. Planning Policy has commented that the sequential approach that has been taken is acceptable. Therefore, as it is considered that the proposed housing is an enabling development for the marina and it has been demonstrated that there are no other sequentially preferable sites, this special circumstance should be given significant weight.
Another economic circumstance that has been put forward by the applicant is the tourism benefits of the marina. They have said that the provision of a 150 berth marina would aid in waterside regeneration, tourism and generating interest in the West Midlands canal network. It would offer short-term moorings for leisure users and the facilities that it would provide are car parking and a small single storey facilities building providing toilet and shower facilities for boat users only. The marine operator has stated that Hawkesbury Junction is a vital link between the Oxford Canal and the south and the Coventry Canal which also gives access to the Birmingham and Fazeley Canal and then further north to the Trent and Mersey Canal. They have stated that there is a shortage of quality, secure, leisure moorings in and around Coventry and this application would address this deficit. The Inland Waterways Association has been consulted on the application and has stated that there is a pressing need for improved services at such an iconic spot as Hawkesbury junction. There are few marina facilities between the north of Nuneaton and Brinklow which leads to a great deal of canal bank mooring, cluttering the area of the Greyhound pub. The New Marinas Unit of the Canal and River Trust also support the application and have stated that it is unlikely to generate any navigational safety issues and have confirmed that the local water infrastructure will be able to accommodate the proposed new development. Officers consider that the tourism benefits as a special circumstance should be given moderate weight.
In terms of social, a circumstance that has been put forward is that the Borough does not have a 5 year housing land supply. The NPPF states that Local Planning Authorities (LPA’s) should identify and update annually a supply of deliverable sites sufficient to provide 5 years worth of housing plus a 5% buffer. Also, where there is persistent under delivery of housing, LPA’s should increase this buffer to 20%. In the light of the move towards Localism and likely abolition of the RSS, the Council has re-evaluated the aspirations of the borough which has implications for housing targets. On this basis, the Council’s Cabinet decided on 22nd September 2010 to review its development targets. A Cabinet decision on the 9th November 2011 agreed to an interim development target of 1.5% economic growth which equates to 7,900 dwellings which is to be applied until the Borough Plan is adopted. Cabinet also approved the use of the housing target in the calculation of the 5 year supply. An appeal decision for Weddington (Appeal ref: APP/W3710/A/11/2160148) in February 2012 also found that the Council could not demonstrate a 5 year supply. A 5 year land supply position statement was issued in
Planning Applications Committee 19.11.12 25 February 2012, which taking into account, housing in the pipeline (892) and accepted SHLAA sites (548), leads to a total supply of housing of 1,440 and equates to 3.24 years supply.
The Council therefore clearly does not have a 5 year supply of housing which would normally carry significant weight. However, the NPPF states that in terms of the presumption in favour of sustainable development, where the development plan is out of date, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. In this case, the site is within the Green Belt but it is considered that the proposed housing is an enabling development for the marina and it has been demonstrated that there are no other sequentially preferable sites. Officers therefore consider that the housing supply issue should therefore carry significant weight.
The provision of affordable housing is another very special circumstance that has been put forward. The application proposes up to 200 dwellings, of which up to 50 would be affordable. This equates to 25% which complies with policy H3 of the Local Plan. They have detailed a number of relevant appeal decisions which demonstrate that affordable housing can be considered as a very special circumstance when assessing applications in the Green Belt. The Council’s Housing Strategy Manager has been consulted on the application and is in support as there is a need for more affordable housing in the borough. As at 1st June 2012 the Council’s Choice Based Lettings register stood at 4,905 live household applications for housing. Within this number, 1,524 are applicants with a significant housing need and therefore in high priority for re-housing. Of the 1,524 applicants, 30% reside in Bedworth. They welcome the provision of 50 affordable units which would contribute significantly to the shortfall in affordable housing in the whole borough and would compliment the whole scheme in terms of providing a range of properties. It is considered that the provision of affordable housing is an important issue and should be given significant weight in assessing the impact on the Green Belt.
Another very special circumstance that has been put forward is the community benefits that would be provided. These include a community building and allotments. The NPPF states that planning policies and decisions should plan positively for the provision of shared space and community facilities which this application would achieve. The applicant carried out pre-application consultation and has stated there was a lot of support for allotments and a community building within the development. Allotments are also an appropriate use within the Green Belt. However, it is not considered that this circumstance alone would outweigh the impact on the Green Belt from the proposed residential development and marina.
In terms of environmental, a circumstance that has been forward is the proposed provision and improvement of open space and green infrastructure. The previous use as a golf course was private open space whereas this proposal would provide public open space. The northern part of the site is proposed to be retained as open space and would be 18.3 hectares and consist of informal public open space and a natural area of play. This is in compliance with the NPPF which states that access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the heath and well-being of communities. This would also be appropriate in relation to the Green Belt. The Council’s Parks section have commented on the application and welcome the extensive open space provision and due to the strategic location, close to Green Infrastructure and the Miners Welfare Park, they would wish to formally adopt the land. They have requested that an equipped play area is provided which the agent has said they have no objection, in principle, in providing. This would use equipment in natural materials such as wood which would integrate better with the surroundings. There
Planning Applications Committee 19.11.12 26 are existing public footpaths that cross the site that are proposed to be retained and upgraded. Informal paths are also to be created within the site together with a new cycle way that would join the new Sustrans link to the east of the site and run to join the existing public footpaths that run up to the north, down to the south towards Hawkesbury Village and to the west to Bayton Road Industrial Estate. The Sustrans route is proposed to link through the site and would provide the missing section of Sustrans route 52 which the Parks section welcome. Contributions would also be provided via a S106 agreement to provide the remaining sections of cycle network outside the site which would link the south of the site to Hawkesbury Village and the north to Coalpit Fields and the Miners Welfare Park. This would then offer sustainable links to the town centre and could also directly link to the highest priority route for development in Bedworth which is the Bedworth Heath to Town centre route. As a result, an extensive cyclepath network to the west and the south of the town would be generated. These routes are also identified in the Borough’s Green Infrastructure Plan and Open Space Strategy. WCC Highways have requested £10,000 towards improvements to the existing public rights of way network outside the site which includes footpath B36 which runs under the railway bridge to the west and out onto Bayton Road Industrial Estate.
Overall, in relation to the Green Belt, officers consider that there are some very special circumstances that can be given significant weight such as the proposed housing is an enabling development for the marina and it has been demonstrated that there are no other sequentially preferable sites, the Borough’s lack of a 5 year housing supply and that the development would provide much needed affordable housing. Other benefits would also be generated such as improved open space and green infrastructure.
In terms of highway safety, a Transport Assessment was submitted with the application which included an analysis of the local highway network which did not identify any areas of concern. However, WCC Highways requested further modelling work for the Blackhorse Road/Coventry Road and Bayton Road/Coventry Road signal junctions. This was to provide a more detailed analysis of these linked signals using industry standard software called LINSIG. The applicant’s transport consultant then validated the base model with on-site observations, to ensure that the model accurately reflected what was occurring onsite- ie the model shows 5 vehicles in a queue at a specific point, what is it at that time on site? The model shows a number of vehicles making a certain manoeuvre, does that manoeuvre actually take place and is it approximately that number of vehicles?
In terms of the Bayton Road/Coventry Road junction, the results showed that there would be no significant increases in queuing compared to if the development did not go ahead (and taking into account committed development such as Loades on Blackhorse Road). In relation to the Blackhorse Road/Coventry Road junction, again there would be no significant increases in queuing. WCC Highways do not consider that this would be detrimental to highway safety. They have requested S106 contributions of £60,000 towards the future installation of an additional CCTV camera at the Bayton Road signals to enable them to better manage the highway network in the local vicinity of the site.
The Transport Assessment states that in the traditional 8-9 am peak, the development is predicted to generate 37 inbound and 84 outbound trips. This equates to approximately 1 additional vehicle every two minutes arriving on site and 2 additional vehicles per minute leaving the site. In the 5-6 pm peak the development is predicted to generate 84 inbound and 57 outbound trips. This equates to approximately 1 additional vehicle every minute leaving the site and 3 additional vehicles every 2 minutes arriving. WCC Highways consider that this level of increase in traffic can be acceptably accommodated on the existing road network.
Planning Applications Committee 19.11.12 27 A number of issues have been raised by local residents, one of which is the existing level crossing causing delay. With the proposed improvements to the rail line through the NUCKLE project, it is reported that the frequency of passenger and freight trains will increase. Therefore, the model used includes on downtime of 6 times per hour in 2016 and 8 times per hour in 2026. This is for 4 minutes at a time. In 2016, the model shows an increase in queuing in the AM peak by 10 vehicles and 7 vehicles in the PM peak. The maximum queue length across all modelled hour periods is predicted to be 33 vehicles. While this queue would extend into the existing residential area, it is not predicted to extend along Blackhorse Road, to the Coventry Road signals. In 2026, the model shows an increase in queuing in the AM peak by 4 vehicles. The model does show a more significant increase in the PM peak as the queue is predicted to change from 36 to 59 vehicles. However, the predicted increase in flow in this hour created by the development is only 29 vehicles in this direction, around 1 every 2 minutes. With this relatively minor increase in traffic, WCC Highways consider that the largest contributing factor causing the additional delay is the downtime of the crossing increasing to 8 times per hour (32 mins in every 1 hour) and not the proposed development. The length of queue is again not predicted to back up to the Coventry Road signals. It is likely to queue back to existing junctions in the residential area, however it is not considered that this would necessarily lead to unsafe manoeuvres being undertaken by motorists.
In relation to the impact on ecology, the application was accompanied by a Phase 1 Habitat Survey which concluded that the site contains a range of habitats that are likely to support protected species and recommended that additional survey work for badgers, bats, great crested newts, nesting birds, otters, water voles and reptiles, all of which are protected species, is carried out. Warwickshire Wildlife Trust and Natural England originally objected as this additional survey work had not been done. The Council’s Park section also requested that this work was done. The additional survey work has been carried out which has overcome the objections from Warwickshire Wildlife Trust and Natural England. In relation to otters and watervoles, the survey showed that the canal provides a suitable food source for otters, however factors including disturbance reduce the suitability of this part of the canal for otters. Additionally, although this section of the canal provides adequate habitats for otters, no otters or signs of otter activity, were recorded along the canal. No water voles or signs of water vole activity were recorded along the section of canal adjacent to the site.
In terms of the Bat Tree Survey, five mature trees have been identified as containing features suitable for roosting bats but only one of these trees, an Oak (T3), is proposed to be removed, with the rest being retained and situated to the north of the development. No evidence of bat activity (droppings, urine stains, scratch marks, bats) was found within the trees. The Tree to be removed was observed during the nocturnal bat survey and there was no activity surrounding the tree. Parks have said that unless there is a fundamental reason requiring this to be removed, it should be retained. The agent has stated that the tree is in the middle of where the housing is proposed and doubts that it can be retained. However, the survey has recommended that an activity survey or direct search should be undertaken immediately prior to its removal to ensure bats have not colonised the tree in the interim and if any of the other trees are to be removed or have arboricultural works undertaken, then an emergence/dawn swarm survey should be undertaken to establish presence or absence of roosts. They also recommend that the tree should be resurveyed after 12 months if works have not commenced. Condition 25 on the agenda requires that the development is carried out in accordance with these recommendations.
Planning Applications Committee 19.11.12 28
The survey identified that the site has a high value for bat foraging and that lighting for the housing and marina could significantly affect areas of very valuable habitat. It recommends that a lighting strategy should be carefully considered to ensure lighting levels are kept low. Condition 20 has been added for details of a lighting scheme which should demonstrate full consultation with a qualified ecologist. Condition 22 is recommended for an Ecological Management Plan to be submitted detailing ecological mitigation and enhancement measures across the site.
In relation to reptiles, the survey identifies a low population of common lizards but there are a few areas with greater numbers present. The highest concentration is around a mound which would be at the edge of the proposed allotments. Condition 26 has been added to the recommendation that this is retained and protected during construction.
The application proposes residential development at the southern part of the site, the nearest of which would be located approximately 30 metres away from the railway and Bayton Road Industrial Estate. Environmental Health have raised concerns about the proximity of the proposed housing to the industrial estate due to potential for noise and pollution. However, they have also requested a mitigating condition for sound insulation and ventilation as detailed in condition 31.
In relation to flooding, the site is within Flood Zone 1 which has the lowest probability of flooding and where all land uses are appropriate. The Environment Agency has raised no objections to the proposals subject to conditions. Discussions have already taken place between the applicant and STW regarding the disposal of foul drainage and as stated in the Flood Risk Assessment, STW have confirmed that the existing public foul sewerage network will be able to satisfactorily accommodate the proposed development. They have raised no objections to the application subject to a drainage condition.
Planning Applications Committee 19.11.12 29 SITE VISITS
Members will recall deferring the following applications for site visits
2. 031210/GC: “Site 25C009” - Land rear of 31 Plough Hill Road, Nuneaton Erection of 12 dwellings (9 houses, 1 dormer bungalow and 2 flats) with associated external works, new access off Plough Hill Road to plot 12 and closure of Fletchers Drift Lane (including demolition of existing dwelling) (Outline to include Access, Appearance, Layout and Scale) Applicant: Executors of Mrs Hilda Morris
Reason for Site Visit: To carry out a site visit to assess the impact on the visual amenities of the area and the impact on highway safety.
Consultees Notified: Severn Trent Water, WCC Highways, Coal Authority, Environmental Health, North Warwickshire Borough Council, Housing Department, Warwickshire Police.
Neighbours Notified: 9-31 (odd), 39, 43-49 (odd), 26-38 (even), 48 Plough Hill Road; 1, 2 Wagstaff Drive; 134-168 (even), Stanley Brick House, 150a, 150b Coleshill Road; 1-6 (inc) Fletchers Drift.
Consultation Representations: WCC Highways 1. No objection subject to conditions covering: a. Visibility splays. b. Access drainage. c. Existing access closed. d. Turning space. e. Access details. f. Construction traffic and wheel wash. g. Welcome packs.
WCC Fire and Rescue 1. No objection subject to a condition covering: a. Fire hydrant provision.
Coal Authority 1. No objection subject to a condition covering: a. A contaminated land assessment.
Severn Trent Water 1. No objection subject to a condition covering: a. Drainage plans.
Environmental Health 1. No objection subject to conditions covering: a. Contamination. b. Boundary treatment required next to the access road and 39 Plough Hill Road.
Planning Applications Committee 19.11.12 30
Warwickshire Police 1. No objection.
Housing Strategy 1. No response
Warwickshire Library 1. Requests contribution of £12,381.55 towards Library provision.
NHS Warwickshire 1. Request contributions of £8,966 towards the gross cost of the provision of land, construction costs of an additional GP facility and for the revenue costs of running it for one and a half years.
Refuse and Cleansing 1. No objection.
Neighbour Representations:
Objections Letters from 1, 13, 15, 17, 23, 26, 27, 38, 39, 43, 45, 48, 245 Plough Hill Road; 4, 6 Fletchers Drift Lane; 1, 2 Waggestaff Drive; 142, 158, 170 Coleshill Road; raising the following points: 1. Highway safety grounds in terms of increased congestion, access not satisfactory in terms of visibility and position opposite Waggestaff Drive and on a bend. 2. Visibility restricted by parked cars. 3. Road is busy with congestion. 4. Several accidents over the years on this road. 5. Will impinge of privacy and security to rear of existing properties. 6. Will lead to extra visitor car parking on the road. 7. Access road should have pedestrian footway. 8. Dormer bungalow could invade privacy and amenities of existing property. 9. Foundations are likely to impact on neighbours. 10. Proposed housing have no provision for visitors or deliveries. 11. With closure of Fletchers Drift will lead an extra number of vehicles using the proposed access. 12. Major concern about flooding. 13. Two further developments in Galley Common which will impact on the traffic. 14. Unacceptable to re-locate the existing access. 15. Traffic assessment needs to be done. 16. Access not wide enough for emergency vehicles or refuse vehicles. 17. Impact of noise from accessway. 18. Mix of different properties is out of keeping.
Comments Letter from Ansley Parish Council raising the following points: 1. No objection. 2. Would like assurances that concerns raised by Highways have been addressed.
Relevant Previous History: None
Planning Applications Committee 19.11.12 31
Background: Members should note that this application is a cross-boundary application, with North Warwickshire Borough Council determining the same application in respect of land within their jurisdiction. Plots 7-9, 12 and the access way are in our Borough the rest are all in North Warwickshire Borough Council’s area.
This is an outline application for the erection of 12 dwellings. The following matters are to be considered at this stage: ● Access – accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network. ● Layout – the way in which buildings, routes and open spaces are provided within the development and their relationship to buildings and spaces outside the development; ● Scale – the height, width and length of each building proposed in relation to its surroundings; and ● Appearance – the aspects of a building or place within the development which determine the visual impression it makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture.
The following matters are reserved to be considered at a future stage and do not form part of the application: ● Landscaping – treatment of private and public space to enhance or protect the site’s amenity through hard and soft measures, for example, through planting of trees or hedges or screening by fences and walls.
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006: H6 Obligations, ENV14 Supplementary Planning Guidance/Supplementary Planning Documents. The Residential Design Guide 2004. National Planning Policy Framework March 2012.
RECOMMENDATION On completion of a Section 106 agreement relating to a contribution towards the provision and maintenance of open space and play facilities in the area, the Head of Development Control be given delegated authority to grant planning permission.
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
Conditions: 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. Received Survey 01 22nd November 2011 Location Plan 02A 17th August 2011 Site Plan 200C 25th October 2012 Plot 1 201 22nd November 2011 Plot 2 202 22nd November 2011
Planning Applications Committee 19.11.12 32
Plot 3 203 22nd November 2011 Plot 4 204 22nd November 2011 Plot 5 205 22nd November 2011 Plot 6 206 22nd November 2011 Plot 7 207A 17th August 2012 Plot 12 208A 17th August 2012 Drainage layout 209A 17th August 2012 Streetscene 210 22nd November 2011 Streetscene 211A 17th August 2011 5. 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. 6. The details required by condition 1(e) shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner: Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 7. Notwithstanding the submitted plans no development shall commence until full details of the boundary treatments, including boundary treatment adjacent to 39 Plough Hill Road, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the boundary treatment adjacent to 39 Plough Hill Road and the plot has been carried out in accordance with the approved details. 8. No development shall commence until full details of the drainage to the site, including all surface water and foul sewers and drainage to all hardstandings, have been submitted to and approved in writing by the Council. No construction work creating surface water run off shall be carried out and no dwelling shall be occupied until the required drainage has been provided in accordance with the approved details. 9. 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. 10. No development shall commence until full details of the site levels and finished floor levels have been submitted to and approved in writing by the Council. No construction work shall be carried out other than in accordance with the approved details. 11. Visibility splays for vehicles shall be provided with an ‘x’ distance of 2.4 metres and ‘y’ distances of 43 metres to the left on egress, and 47 metres to the right on egress; as measured from the centre of the access. No structure, erection, trees or shrubs exceeding 0.6 metres in height shall be placed, allowed to grow or be maintained within the visibility splays so defined. 12. The development hereby permitted shall not be occupied until all parts of existing accesses to Plough Hill Road (C12), not included in the proposed means of access, have been permanently closed and the highway features, (including the verge and kerbline) have been reinstated in accordance with details approved in writing by the Borough Council in consultation with the Highway Authority. 13. No development shall commence until full details of the access, including levels, drainage, lighting, details of provision of suitable bollards within the public highway verge, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the access and bollards has been constructed in accordance with the approved details.
Planning Applications Committee 19.11.12 33
14. The development hereby permitted shall not be occupied until the applicant has provided Sustainable Welcome Packs for each household. 15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order revoking and en-acting that Order) no extensions or buildings shall be erected to plot 12 without the prior written consent of the Council. 16. The development hereby approved shall not commence until: (i) A contaminated land assessment and associated remedial strategy, has been submitted to, and agreed in writing by the Council. The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. (iii) If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the 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. (iv) 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.
Planning Applications Committee 19.11.12 34
3. 031658/WB: “Site 62A011” - Garages off John Street, Nuneaton Erection of 3 terraced houses with associated parking Applicant: Mr B Dhaliwal
Reason for Site Visit: To carry out a site visit to assess the impact on highway safety and the personal safety of future residents and to allow for consultation with NBBC Refuse & Cleansing and Warwickshire Fire & Rescue.
Consultees Notified: Severn Trent Water, WCC Highways, Coal Authority, Environmental Health, Housing.
Neighbours Notified: 10 - 50 (even) Henry Street; 2-14 (even), 1-27 (Odd) John Street; Chilvers Coton Conservative Club, Chilvers Coton Liberal Club, 18, 22, 23 Bridge Street.
Consultation Representations: Severn Trent Water 1. No objection subject to a condition covering: a. Details for disposal of surface water and foul sewage.
WCC Highways 1. No objection subject to conditions covering: a. Details of access, car parking, manoeuvring and service areas. b. Gates. c. Turning area for construction vehicles. d. Measures to minimise spread of extraneous materials during construction.
Coal Authority 1. No objection subject to a note covering: a. Standing advice.
Environmental Health 1. No objection subject to conditions covering: a. Contaminated land. b. Rear gardens of proposed houses be provided with 1.8 metre high fences to protect against noise and disturbance from nearby clubs. Housing 1. No response.
Warwickshire Fire & Rescue 1. Access and facilities are dealt with under building regulations.
Building Control 1. No objection subject conditions covering: a. Fire hydrants condition
Refuse and Cleansing 1. Residents would have t6 bring their bins to the entrance.
Planning Applications Committee 19.11.12 35
Neighbour Representations:
Objections Letters from 4, 6, 8, 10 John Street; 30, 34, 36, 40, 42, 46 Henry Street; raising the following points: 1. Increase in traffic, already affected by people using PAWS veterinary clinic, the medical office located in Henry Street and the Cube Centre in Edward Street using John Street as a car park. 2. The development will directly overlook the properties in both John Street and Henry Street leading to loss of privacy. 3. Very limited access to site especially for emergency vehicles. This was shown recently when garages were set on fire. Appliances could not access the site and had to operate from the Conservative Club car park. 4. Heavy goods vehicles delivering to the site will have to unload on John Street causing an obstruction. This happened when the flats on Henry Street were constructed and the builders used the currant application site for storage. 5. Site is not big enough to accommodate 3 properties of any sort and there is no right of way to the rear of the site for emergency vehicles over the private car park. 6. Development of the land will mean properties on even side of John Street would never be able to full rear access. 7. Development of the land will reduce ability to maintain existing property borders.
Relevant Previous History: TP/0607/01: Residential development (outline). Refused 28/11/2001.
TP/0511/02: Erection of 3 terraced houses with associated parking (outline). Withdrawn 02/10/2002.
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006: H6 – Obligations, ENV14 Supplementary Planning Guidance/Supplementary Planning Documents. Residential Design Guide 2004. National Planning Policy Framework March 2012.
RECOMMENDATION: On completion of a Section 106 agreement relating to a contribution towards the provision and maintenance of open space and play facilities in the area, the Head of Development Control be given delegated authority to grant planning permission.
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
Conditions: 2. The development shall not be carried out other than in accordance with the approved plans contained in the following schedule: Plan Description Date Received Proposed plan 26/09/2012 House No 1 27/07/2012
Planning Applications Committee 19.11.12 36
House No 2 27/07/2012 House No 3 27/07/2012 3. No development shall commence until full details and samples of materials proposed to be used in the external parts of the dwellings have been submitted to and approved in writing by the Council. The development shall not be carried out other than in accordance with the approved details. 4. No development shall commence until details for the disposal of both surface water and foul sewage have been submitted to and approved in writing by the Council. The dwellings shall not be occupied until the drainage works in accordance with the approved details have been carried out. 5. No development shall commence until full details of boundary treatments, including new walls and fences, a 1.80 metre high close boarded fence to the southern and western boundaries, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until all boundary treatments have been carried out in accordance with the approved details. 6. No development shall commence until full details of the access, car parking, manoeuvring and service areas, including surfacing (with 'SLOW' markings), construction, levels and drainage, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the areas have been constructed in accordance with the approved details. Such areas shall be permanently retained for the purpose of parking and manoeuvring of vehicles, as the case may be. 7. Gates erected at the entrance to the site for vehicles shall not be hung so as to open within 6.0 metres of the near edge of the public highway footway. 8. No development shall commence until full details of the site levels and finished floor levels have been submitted to and approved in writing by the Council. No construction work shall be carried out other than in accordance with the approved details. 9. The development hereby approved shall not commence until: (i) A contaminated land assessment and associated remedial strategy, has been submitted to, and agreed in writing by the Council. (ii) The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. (iii) If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the 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. (iv) 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. 10.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.
Planning Applications Committee 19.11.12 37
4. 031588/SL: Kingdom Hall, Deronda Close, Bedworth Installation of 2 external air condensers and acoustic timber housing. Brick up windows on western elevation and alterations to door on southern elevation. Applicant: Mr & Mrs Beaufoy
Reason for Site Visit: Deferred by committee for a site visit to assess the impact on the residential amenity of surrounding properties and to enable further consultation with Environmental Health in respect of how the proposed noise mitigation would prevent disturbance to these properties.
Consultees Notified: Environmental Health
Neighbours Notified: 3-9 (odd), 6, 29 Deronda Close; Newdigate Arms, Newdigate Road; 8 Lovell Road.
Consultation Representations: Environmental Health 1. No objection subject to a condition covering: a. Sound attenuation.
Lighting Adviser 1. Objection on the following grounds: a. Unreasonable level of vertical luminance. b. Light pollution to properties on Deronda Close.
Neighbour Representations:
Objections Letters from 3 (two letters), 5, 7, 9 Deronda Close; 8 Lovell Road; raising the following points: 1. How bright will the lights be? They will throw light in to our garden and house. 2. Will the lights be on all night? The current lights are which is already causing issues. 3. Potential noise from external condensers, will these be running constantly? We already suffer from noise pollution. 4. This is not fair as we live with this constantly as the attendees of the church only attend two or three times a week. 5. Our garden is relatively short, moving the lighting will highlight our property and disturb us and wildlife. 6. Could attract further undesirable elements of the community. 7. Already attracts anti-social behaviour to the area. 8. Out of proportion and no in character with the residential area. 9. We would be concerned about security as people would scale the lampposts into our property. 10. They are to be placed in an area for people who have no other interest in the area than a few hours a week.
Relevant Previous History: None.
Planning Applications Committee 19.11.12 38
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006: ENV14 Supplementary Planning Guidance/Supplementary Planning Documents. Residential Design Guide 2004. National Planning Policy Framework March 2012.
RECOMMENDATION: Approval
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
Conditions: 2. The development shall not be carried out other than in accordance with the approved plans contained in the following schedule: Plan Description Plan No. Date Received Site Location Plan 1104/PL01 06/07/12 Proposed Elevations 1104/PL07A 14/09/12 Proposed Block Plan 1104/PL05A 14/09/12 Proposed Site Layout Plan 1104/PL03A 14/09/12 Existing Block Plan 1104/PL04 06/07/12 Existing Site Layout Plan 1104/PL02 06/07/12 Existing Elevations 1104/PL06 06/07/12 Daikin. Out Door Unit details 06/07/12 3. The air condenser unit hereby approved shall not be used until the 1.80 metre high close boarded fence shown on the approved block plan (drawing no. 1104/PL05A) has been erected. The fence shall then be permanently retained and maintained in perpetuity.
Planning Applications Committee 19.11.12 39 PLANNING APPLICATIONS
5. 031589/SN: Site 42B001 - Land R/o 28-44 The Long Shoot, Nuneaton Residential development of up to 120 dwellings, including public open space and landscaping (Outline application to include access) Applicant: Bellway Homes LTD (West Midlands)
Consultees Notified: Severn Trent Water, WCC Highways, WCC Land Drainage, Nuneaton Society, Parks, WCC Footpaths, Open Space Society, Natural England, Hinckley & Bosworth Borough Council, Environment Agency, Environmental Health, NBBC Planning Policy, WCC Structure Plan, Housing, Police, Warwickshire Wildlife Trust
Neighbours Notified: Calendar Grove Farm, 21-37 (odd), 22-28 (even), 44-48 (even), 45, Poplar Farm & 51-55 (odd), The Long Shoot. 32, 34 & 47-51 (odd), Langdale Drive. 1-9 (inc), Loweswater Close. 1-8 (inc), Keswick Close. 21, Burnham Rise. 20 & 22, Calendar Close. 158, 160, 164- 184 (even) St Nicolas Park Drive. 2-11 (inc) & 20-60 (even), Buttermere Avenue. 1-12 (inc), 13- 35 (odd) & 69-81 (odd) Pallett Drive.
Consultation Representations: Natural England 1. No objection subject to conditions covering a. Mitigation and monitoring strategy for bats
Severn Trent Water 1. No objection subject to conditions covering a. Drainage plans for the disposal of surface water and foul sewage.
WCC Footpaths 1. No objection subject to conditions covering a. The provision of dismount signage b. The provision of bollards where the proposed meets footpath N.30 c. S.106 contributions for improvements to the surrounding Highway network (£6,000) Environmental Health 1. No objection subject to conditions covering a. Noise attenuation scheme relating to glazing and ventilation b. Noise levels must achieve BS8233:99 c. Contaminated land investigation and remedial work
Environment Agency 1. Objection on the following grounds a. Does not comply with the requirements set out in para.9 of the Technical Guide to the NPPF. 2. No objection, following the supplementary FRA. As the applicant demonstrated a viable drainage scheme. With conditions covering a. Surface water run off limits b. Use of above ground SuDS where possible c. Maintenance details d. Above ground flooding and flow routes e. Foul drainage scheme details
Planning Applications Committee 19.11.12 40
WCC Highways: 1.Objection, on the following grounds a. The modelling does not meet the required standard b. Internal layout needs to be re-designed to encourage lower speeds c. Radius kerbs to the access are not suited. d. No safety Audit has been provided. e. Request s.106 contributions to cover the provision of bus stops (£30,000)
WCC Archaeology: 1. No objection with conditions covering a. Programme of archaeological investigation work. Parks 1. No objection, in favour of green infrastructure. a. S.106 full play and open space contributions of £2670 per dwelling to provide maintenance and upgrade of Buttermere Park (£320,400)
Planning Policy 1. Further information is required covering; a. A demonstration there are no other suitable sites achievable within the existing urban area. 2. No objection as above was demonstrated.
Police 1. No objection
WCC Libraries 1. No objection, with a request for s.106 monies covering a. A contribution to ensure adequate library provision, based on the number of proposed new dwellings (£19,929).
WCC Education 1. No objection a. S.106 request for provisions at primary secondary and SEN (£793, 573)
Warwickshire Police 1. No comments to make at this stage however recommend a. Secured by Design, aimed at reducing crime and ASB.
Warwickshire Fire & Rescue 1. No objection subject conditions covering a. A scheme for the provision of fire hydrants
Highways Agency 1. No objection
Housing: 1. Support - will enable 30 affordable homes to be delivered in an area of the borough that currently has none.
Planning Applications Committee 19.11.12 41 Neighbour Representations:
Objections 10 Abingdon Way. 19 Arlington Way. 7 Aysgarth Close. 57, Barne Close. 9, 10, 11(two letters), 17, 21, 22 Burnham Rise. 3, 5, 6, 7 (five letters), 8 (two letters), 19, 23, 33 (two letters), 37, 38 41, 42 (two letters), 44 (two letters), 46, 48, 50, 54 (three letters), 56 (two letters) 58, Buttermere Avenue. 13 (two letters), 14, 17, 20, 24, 26 (two letters), 30, 34 (four letters) Callendar Close. 31 (two letters) Canterbury Way. 4, Caversham Close. 1 (two letters) Changebrook Close, 5 (two letters) Church Road, Witherley. 247 Church Road. 7, 35 (two letters) Clay Avenue. Coniston Court, Coniston Way. 2 Courtney Close. 6, Crediton Close. 11 Dorchester Way. The Foalyard, Duke Meadows. 6, 8 Easedale Close. 26 Francis Gardens, Winchester. 3 (two letters), 13, 17, 18, 22 (four letters), 26 Gloucester Close. 8, 85 Grasmere Crescent. 17 Helston Close. 8 Henley Close. 106,110, 239, 250, 267 Hinckley Road. 20 (two letters) Holsworthy Close. 2 (two letters), 9, 10, 12, 13, 14, Kendal Close. 4, 5 (two letters), 7, 8 Keswick Close. 9 Kirkstone Walk. 8, 10 (two letters), 11, 12, 14 (two letters), 15 (three letters), 17 (two letters), 18 (three letters) 24, 30, 32 (two letters), 34, 35 (three letters), 41 (two letters), 43, 49, 51 (9 letters) Langdale Drive. 4, 36 Launceston Drive. 4 (two letters), 7 Lichfield Close. 25 (three letters), 61, 69 (two letters), 75 (three letters), 97, 251, 258. 1, 2, 4 Loweswater Close. 61, 69 Milby Drive. 5 Moorwood Crescent. 154 Newbold Road, Barlestone. 7, 23 (three letters), 24, 28, 33, 43 (two letters) Norwich Close. 8 Osprey Close. 6, 8, 10, 13 (two letters), 15 (two letters), 17(four letters), 21, 23, 27, 35, 73, 79, 81 (two letters), 89 141 (two letters), 175, 197 Pallett Drive. 26 Rydal Avenue. 1, 6 (two letters), 15, 16, 20 Skelwith Rise. 2 (two letters) St Buryan Close. 19, 125, 129, 151, 159, 177, 180, 184, 198, 199, 206, 208, 288 St Nicholas Park Drive. 16, 18, 20, 21, 24, 26, 29 (five letters), 33 (two letters), 35, 44 (three letters), 46, 48 (two letters), 51 (six letters), 55 (two letters), 57, 69, 77, 79, 81 (four letters), 87, 105 (two letters), 107, 125, 127, 129 (two letters), 133, 141, 143, 149 (two letters), 152, 153, 156, 159, 172 (two letters), 184, 194, 199, 200a (four letters), 201, 208, 216, 242, 256, 257, 267, 275, Poplars Farm, The Long Shoot. 27 St Austell Close. 35, 51 Thirlmere Avenue. 5 (three letters) Truro Close. 21, 32, 38 Ullswater Avenue. 58, 63 Wadebridge Drive. 34, 36, 44, 56, 70, 72, 80, 82 (four letters), 84 (two letters), 86 Watling Street. 71 Whitestone Road. 201 Windermere Avenue. 3, 7 Woodstock Road. Raising the following points; 1. Building on ENV3. will result in loss of landscape 2. Impact upon traffic and road safety, already heavy congestion in area, especially at peak times. 3. Traffic pollution would worsen the existing poor air quality, reducing quality of life. 4. The Long Shoot experiences excessive speeding and accidents. Proposed entrance is opposite the working farm and shop and drives of homes, increasing danger. Motor Way closure cause grid lock along these roads. 5. Development to this side of the Borough should not be considered without Traffic planning. 6. No one will be able to turn right, the proposed junction is close to a bend. 7. Only one entrance and exit will cause problems 8. Impact upon schools, which are already over subscribed. People in the area will not be able to send their children to the school of their choice. 9. Impacts upon health care, majority of surgeries in Nuneaton are already over full, with extra pressure on heavily loaded hospital. Only one surgery on this side of town. 10. Matters of long term significance should be addressed now. 11. We do not want a town with no green field, must find a way to contain development within the existing urban area. 12. Nuneaton needs a proper Borough Plan that supports the needs of local people. Failure to write a plan for housing growth, this is an easy way to meet the targets.
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13. Focus should be on the development of Brownfield sites, housing should utilise existing sites before encroaching on to Countryside. 14. Application is against ENV3 policy and premature of the Borough Plan. 15. The land is good quality farm land, with a restricted ENV3 use. 16. The land has environmental benefits, at present. 17. Brownfield sites will meet the required housing needs for the next 7 years. 18. Severe flooding in the area, in recent years, made more likely by development. Recent flooding as water did not run in to the flood relief in the park. Land is clay which cannot drain. Existing flood control facilities already stretched. 19. Borough Council will be legally responsible if my property floods as a result of the development. Who will be responsible for maintaining any flood defences? 20. There are no attenuation tanks to the front of the development 21. No identification of roadways proposed, location or width. 22. Too may cars already park along park area, this would be made worse. 23. Nuneaton and Hinckley are coming closer together. 24. Nuneaton has high unemployment and a significant amount of unsold houses, therefore there is no need for new housing to satisfy migration. 25. Big manufacturers are leaving the area, there are no jobs being created in the area, we do not need the additional housing. 26. Nuneaton will grow at a greater rate than jobs and services. 27. There is already enough parkland in the area, do not need any additional should update existing. 28. If this application is accepted it will open up the opportunity for applications right up to the A5. 120 homes will not be the end. It will set a precedent for the area. 29. House prices in the area will be reduced, with 150 new houses on the market. 30. There are lots of other areas in Nuneaton these houses could go, Bellway have only chosen here as they can charge premium prices. 31. There are plenty of existing houses on the market. 32. Bellway have removed the wildlife area and water attenuation pond from the original plans shown to us. They are offering sweeteners and then reneging at the earliest opportunity. 33. Increase in noise. 34. I will suffer from significant overlooking to my property. 35. STW water letter states that foul water sewers cannot cope with surface water drainage, but the plans show they are to connect with the existing. As well as removing the attenuation pond. Who will maintain these? 36. There was little help for the people of Weddington and now we have the same concerns for this new proposal. 37. Will lose our open views. 38. There is a wide range of wildlife, the proposal would banish this, having a negative impact upon quality of life and our environment. Affecting the only green corridor for wildlife that currently exists, which provides variety of habitats. There are a number of rare and endangered species including bats and birds on the RSPB red list. 39. A full four season ecology report should be conducted before a decision is made. 40. This housing is not for those in need, it is for the better off. Why do we need housing that panders to the top end of the market? Who can afford these houses in this economic climate. 41. Will purchasers be warned of the potential problems? 42. The new development is more likely to attract people from outside of Nuneaton than solve a housing need within Nuneaton. Increase commuting outside of the Borough. 43. Why do we need a figure six times higher than Coventry?
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44. The houses are shown closer to our property than at the consultation event. They should reinstate the buffer to its original depth and only allow low level development. 45. Inappropriate to propose bus stop opposite entrance. 46. Argue this development will reduce use of car by 10%, how can this be so? 47. All the other authorities are building at this inflated rate, with no regard to one another. 48. There are no police in the area, more development will spread this thinly. 49. Town centre parking will become even more difficult. 50. Develop area where there is a need for affordable housing and where communities need regeneration, not St Nicolas Park. 51. At no point did I ever consider the land would be used for housing. 52. The reports suggest there would be little or no visual impact from my property, no one has ever been to assess this from my property. 53. It is typical of developers to build to building regulations but this does not stop new homes having a short life expectancy, scaled down rooms, high density and poor build quality. This is not an application for an innovative eco town with architectural award winning homes. 54. Do the hundreds of houses already built count towards the housing target, and the hundreds of houses in the Property Guides also count? 55. Our business is directly opposite Calendar Farm, there is a high volume of traffic entering and leaving our farm including HGV’s and Agricultural machinery, as well as traffic to the farm shop. The junction will be highly dangerous, as will the proposed bus stop. 56. The cumulative effect from further small developments will only exacerbate the issues raised, this needs to be looked at beyond the red line. 57. Hopes that the new people will cycle or use public transport is unlikely. 58. The proposed access between 69 Pallett Drive is public amenity land, not to be built on, including creating an access road. 59. What provisions will be put in place to stop motorcyclists using the service road as a ‘rat-run’? 60. Lighting the service road would cause light pollution, if it’s not lit it could be dangerous to walk down. 61. If we do not protect our food production we will have to import more. 62. Development should be Council led not decided piecemeal at the fancy of developers. 63. The health profile of Nuneaton and Bedworth raises significant lifestyle and health issues. This should be considered for existing residents as well as new. 64. No need for the footpath, already one within estate could increase crime to rear of my property and reduces privacy. 65. Natural hedgerow should be preserved. 66. The land was used for burning cattle after the BSE outbreak, therefore we think the land is contaminated. 67. Increase in anti-social behaviour in park area and walkways from the new area with a Social Housing content. 68. Bellway did not offer another public meeting when the plans changed from the original shown. 69. I can’t see how this development will result in a 10% reduction in the use of cars. 70. The suggestion of a much bigger development will increase the impact on these issues. 71. Many people will be on holiday during the 21 days to comment period. 72. No evidence that there is a shortage of affordable housing in the area. 73. Anti-social behaviour in the proposed ‘country park’
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74. I thought consultation was about developing plans together for the benefit of all the residents. 75. STW have not indicated that they will improve the existing drainage system. 76. Attenuation tanks are not the answer to flooding. 77. Growing food is very important with a growing population so why built on productive farmland. 78. Our property fronts the development, reducing privacy and increasing noise and pollution. 79. The field to the top is to be left, for what purpose, will it just be left? 80. Green space should be closer to the properties, to shield the view. 81. Tree T15 has bats roosting in it & will shield our property, we would object to this being removed. 82. The RTA suggests increase bus service, but no plan to do this. 83. Want assurances that the attenuation tanks will not impact upon our properties. 84. Are the attenuation tanks big enough how and who will maintain them? 85. Council Tax should be reduced as house prices will fall. 86. There is no vehicular access to St Nicolas Park, when clearly the proposed road near Pallett Drive leaves a possibility for further development, making a through road. 87. Out of area contractors will be used, rather than local skilled workers. 88. The proposed access between the development and estate will increase vandalism with an easy escape route.
Marcus Jones MP, raising the following points; 1. I am not Anti-development, however I have concerns that developers appear to want to develop sites in Nuneaton that form part of the Countryside before existing Brownfield sites. 2. People are concerned Councillors are willing to disregard their own plan. Leading to a situation where developers will have a greater chance at appeal. 3. ENV3 land across the Borough would be under threat of development, before more suitable land has been expended. 4. The implementation of a new local plan is now essential to prevent further speculative planning applications. To give certainty to communities and to ensure the proper infrastructure. 5. Disappointed at the Councils continuing failure to put in place a Local Plan for the Borough. Giving enormous uncertainty for residents across Nuneaton. 6. Can piecemeal development deliver the infrastructure necessary to sustain large scale developments? 7. Concern over the pre-application discussions as the application is different to that in the consultations. 8. Very busy road, the ghost island would be inappropriate 9. Development would impact significantly on the AQMA on Leicester Road, exacerbating the situation. 10. Concerns over flooding and connection to existing sewers, compounding current problems. 11. Schools in local areas are already at capacity.
Councillor Carr, raising the following points; 1. The sewers which they intend to link into are already struggling. 2. The addition of 120 homes onto the system would result in homes in low lying areas being flooded. 3. The use of attenuation tanks to address this danger and their location is one I am ill at ease with, if a malfunction of these occur the flooding be at a level never seen before.
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4. Extra traffic from the dwellings would increase the risk of accidents at the access. 5. The quality of air around the Leicester Road one way system will also suffer.
CV11 Action Group, raising the following points; 1. The land is good quality farm land designated ENV3 - restricted use, with environmental benefits. 2. The proposal is not in line with the ENV3 policy. 3. NBBC have not made available sufficient brown field sites 4. The SHLAA identifies sufficient brown field sites for new development as well as the number of empty homes. 5. Area already suffers heavy congestion. Proposed junction, bus stops and pedestrian crossings are ill thought and dangerous, which the Council would be legally responsible for. 6. Severe flooding in recent years, made more likely by extensive building. PPS25 states no 3rd party should be affected by development. 7. Current drains and sewers cannot cope, the Council would be responsible for damage and flooding. 8. Local schools are already over subscribed, where will the new children go? 9. Local Plan says housing should utilise existing sites before encroaching on to country side, the lack of new borough plan threatens green field sites. 10. Air quality is already an issue on the gyratory system,. This will only get worse, effecting health of residents. The council would be legally responsible for health implications due to increase in poor air quality. 11. Only one doctors surgery on this side of town. 12. Effects of cumulative developments will only exacerbate the issue raised, this needs to be taken in to account, look beyond the red line. This would show lack of cohesive vision and the Council would be lacking in duty of care. 13. The Residential Travel Plan is aspirational, unrealistic and lack authenticity. 14. The ecology report is formulaic and acknowledges the reports limitation in the study period is unlikely to produce accurate reflection of species present. 15. The ecology will be altered, it may be increased however those that exist need the ecology as it is now. The legislation is quoted as maintaining the bio-diversity’ not simply creating a new eco-system.
Name and Address supplied but withheld, raising the following points; 1. Traffic increase that would arise from this inappropriate development, on well known traffic stress points. St Nicolas Park has a high number of car owners and commuters, which will be added too. 2. Road already used as a route to major road networks. 3. Increase traffic reduces quality of life, increase noise pollution and poor air quality. 4. Town centre will be impacted upon as people will travel elsewhere, for ease. 5. Reduced options to alleviate traffic problems because of existing engineering. 6. Will impact upon local Air Quality Management areas. 7. Flooding is already an issue in the area, this is low land with clay soil. Climate change will add to this problem also. Engineering solutions to deal with these issues are limited. 8. Possibility of subsidence due to soil types and proposed SUDS. 9. Impact upon fragile ecology in the area 10. Will reduce the Borough’s level of productive landscapes, impacting upon the reduction of greenhouse gasses. 11. An advantaged neighbourhood in the Borough would secure further resources.
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Anonymous e-mails & letters, raising the following points; 1. The Borough has sufficient supply of Brownfield sites to cover the next few years whilst the Borough Plan is produced. 2. The proposal is against the ENV3 policy and premature of the Borough Plan. 3. The land is good quality farming land with restricted ENV3 use. 4. Already heavy congestion in area, especially at peak time, the proposal would add to this. 5. Severe flooding in the area, which would be made more likely by extensive development. 6. Local schools are already over subscribed 7. The Borough Plan (2006) states that new housing should utilise existing sites before encroaching on to Countryside. 8. NBBC have near enough destroyed Nuneaton with endless building, ruining what was once a decent town. 9. Impact on town centre as people will not be able to get in to town, due to traffic. 10. There are no jobs for these new home owners, leading to increased crime. 11. Local sewers cannot cope, leading to further flooding problems. 12. People of Nuneaton would like to see more affordable housing with lower Council tax bands. 13. Living in a semi/rural area at the expanse of the existing residence. 14. Last attempt at meeting government targets. 15. Plenty of empty properties that could be developed. 16. More likely people outside the area would move here, leaving young residents out in the cold. 17. NBBC has failed to produce a long term housing plan to validate the development. 18. NBBC cannot create a realistic housing plan for the future which can be supported by the present infrastructure. 19. The hatched area will be extremely hazardous, ignoring the heavy traffic which will be increased. 20. Increase in traffic will make an extremely congested road increasing air pollution and noise pollution. 21. The local hospital is already over stretched. 22. I pay higher costs for the benefits of having neighbours of a higher class, not having council houses, no problems with anti-social behaviour, better quality houses and better facilities. 23. This is the thin end of the wedge, opened up for extensive development 24. Loss of habitats and wildlife.
Support 79 Pallett Drive, raising the following points; 1. Our town needs to grow, the two areas housing development is needed are at Weddington and The Long Shoot. 2. The development is fine and I am happy for professional Council Officers to deal with the details.
Comments 73 Pallett Drive, raising the following points; 1. I am not opposed to development in principle. I recognise the need for new housing in the local area and hope the development will create job opportunities for local people. 2. I would however like to enquiry about the public access between the development and St Nicolas Park, as there have been instances of vandalism to the front of my house. This will increase foot traffic through the area with further risk of vandalism.
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Relevant Previous History: None relevant
Background: This application is an outline application for up to 120 residential dwellings, open space and landscaping. Access is proposed to be considered at this stage.
● Access – accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network.
The following matters are reserved to be considered at a future stage and do not form part of the application:
● Layout – the way in which buildings, routes and open spaces are provided within the development and their relationship to buildings and spaces outside the development; ● Scale – the height, width and length of each building proposed in relation to its surroundings; ● Appearance – the aspects of a building or place within the development which determine the visual impression it makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture; and ● Landscaping – treatment of private and public space to enhance or protect the site’s amenity through hard and soft measures, for example, through planting of trees or hedges or screening by fences and walls.
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 - H3 Affordable Housing, H6 Planning Obligations, Env3 Rural and Urban Countryside, Env14 Supplementary Planning Guidance/Supplementary Planning Documents - Residential Design Guide 2004 & Affordable Housing SPD 2007. National Planning Policy Framework March 2012.
RECOMMENDATION: On completion of a Section 106 agreement relating to a contribution towards the maintenance of open space and play facilities, improvement to public rights of way network, the provision of bus stops, education facilities in the area, provision of affordable housing and the provision, long term management and maintenance of an underground water attenuation tank. The Head of Development Control be given delegated authority to grant planning permission.
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
Conditions: 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 Site Location Plan B5518PL002G 6th July 2012
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Proposed Indicative Master Plan B5518PL030B 6th July 2012 Planning Statement 17826/A5/P4/JR/sjz 12th July 2012 Design and Access Statement B5518 6th July 2012 Statement of Community Engagement 17826/A5/P3b/JR/sjz 12th July 2012 Response to Public Consultation 17826/A5/P5a/JR/sjz 17th September 2012 Transport Assessment 11052 12th July 2012 Transport Assessment Addendum 1 11052 10th September 2012 Transport Assessment: Addendum 2 T12009 27th September 2012 Residential Travel Plan 11052 12th July 2012 Flood Risk Assessment 11052 12th July 2012 Flood Risk Assessment: 11052 17th September 2012 Supplementary Report, Further Assessment of Alternative Urban Area Housing Sites 17826/A5/P6/EW/sjz 17th September 2012 Air Quality Assessment UK15-18059 Agricultural Circumstances KCC1001 11th September 2012 Landscape & Visual Impact Assessment 1216/EH/L&VIA001B 12th July 2012 Archaeological Geophysical Survey ARC/746/293 12th July 2012 Archaeological Desk Based Assessment PG/13813/1 12th July 2012 Ecological Survey & Evaluation Report 404-01578-00024 12th July 2012 Bat Survey Report 404.01578.00024 24th August 2012 Arboricultural Impacts Assessment 1216/EH/AIA001B 12th July 2012 Report on Existing Noise Climate 10/04432-R2-AM 12th July 2012 Georisk Management Phase 1 Desk Study 11122/1 12th July 2012 Phase 2 Preliminary Ground Investigation 11122/2 12th July 2012 5. Prior to the submission of the first reserved matters application(s) for the site, a site wide phasing plan shall be submitted and approved in writing by the Council. The phasing plan shall include details of the proposed sequence of development across the entire site including associated trigger points and the extent of the development phases/plots, including reference to the type and extent of development, of the following features within the site: a. Major infrastructure including all accesses, roads, footpaths and cycleways b. Residential dwellings c. Multi Use Games Area d. Community Park e. Wildlife corridor The development shall be carried out in accordance with the approved timings contained within the phasing plan unless otherwise agreed in writing by the Council. 6. No development shall commence until details for the disposal of both surface water and foul sewage have been submitted to and approved in writing by the Council. No development creating surface water run off and no dwelling shall be occupied until the drainage works in accordance with the approved details have been carried out. 7. 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. 8. The development hereby approved shall not be implemented until a contaminated land assessment and associated remedial strategy, has been submitted to, and agreed in writing by the Council. 9. The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment.
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10. If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the 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. 11. On completion of the agreed remediation works, a closure report and certificate of compliance, endorsed by the interested party/parties shall be submitted to and agreed in writing by the Council. 12. The details required by condition 1(e) shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner: Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 13. No development shall commence until full details of the precise alignment and specification of the dedicated foot and cycle paths 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. 14. No development shall commence until a scheme for the lighting of the housing and associated access roads, parking areas and open spaces has been submitted to and approved in writing by the Council. This should demonstrate full consultation with a suitably qualified and experienced ecologist to inform the proposals. The development shall not be carried out other than in accordance with the approved details. 15. 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. 16. No development shall commence until full details of the boundary treatments, including new walls and fences, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the boundary treatment to that plot has been carried out in accordance with the approved details. 17. No development shall commence until details of the layout of open space, including the equipped play area, public open space, landscaping & biodiversity enhancement areas, boundary details, surfacing, drainage, litter bins and benches has 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. 18. No development shall commence until full details of the site levels and finished floor levels have been submitted to and approved in writing by the Council. No construction work shall be carried out other than in accordance with the approved details. 19. No development shall commence until a scheme of noise attenuation must be submitted to and approved in writing by the Council. The required details shall satisfy the recommendations given in chapter 8 of Hoare Lea Acoustic noise report (REP 10/04432-R2-AM) dated 15th March 2012 for glazing and ventilation. The standard achieved shall be to the good standard as defined in BS8233:1999. No dwelling shall be occupied other than in accordance with approved details. 20. No development shall commence until details of cycle dismount signs and bollards at the point where the proposed cycle/footway joins footpath N.30, have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the approved details are implemented on site.
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21. No development shall commence until details of a construction management plan have been submitted to and approved in writing by the Council. This shall detail how construction traffic will be managed to and from the site, including routes, times and types of measures to ensure that mud and debris would not be deposited on the highway as a result of construction traffic leaving the site. The plan should also detail dust management techniques. No development or land clearance shall take place until the construction management plan has been implemented on site. 22. No development shall commence until an Ecological Management Plan has been submitted to and approved in writing by the Council. This shall include details of ecological mitigation and enhancement measures across the site as detailed in the Bat Survey Report (404.01578.00024) the extent of wildlife corridor and community park, details of plants to provide additional foraging areas for bats and details of replacement roosting and nesting habitats for bats and breeding birds and a programme of works and should demonstrate how the enhancement measures would be maintained in the long-term. The scheme shall be implemented in accordance with the approved programme and details. 23. The Development Permitted shall only be carried out in accordance with the approved Flood Risk Assessment, ref: 11052, prepared by Travis Baker, dated 4/4/2012 and Flood Risk Assessment Supplementary report, report, prepared by Travis Baker, dated 29/8/2012 and the following mitigation measures detailed: a. limiting the rate of surface water run-off generated by the site to discharge at no more than 4 l/s/ha as detailed in the FRA Supplementary Report. b. Attenuation of surface water on site to the 1 in 100 year flood event standard plus and allowance of 30% for climate change assuming the discharge rate given above as detailed. This should include the use of above ground SuDS where viable on the site. c. Details of how the entire surface water scheme shall be maintained and managed after completion. d. Detailed assessment, including full calculation and identification of any above ground flooding and flow routed, of the performance of the surface water system for the 30 year and 100 year plus 30% climate cases. 24. No development shall commence until the applicant, their agents or successors in title 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 development shall not be carried out other than in accordance with the approved details.
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6. 031713/SL: The Griff School Hurst Road, Bedworth Erection of 74 self contained apartments for over 55's in one two/three storey block, including shared communal facilities, parking and landscaping (resubmission following refusal of 031270) Applicant: Housing 21
Consultees Notified: Environment Agency, Severn Trent Water, WCC Highways, Sport England, WCC Property Services and Structure plan, Warwickshire Police, Environmental Health, Parks, Housing, Bedworth Society and WCC Museum and Archaeology.
Neighbours notified: Tesco Leicester St, 1-24 Linden Lea, 1A Linden Lea, 2-22 (even) Hurst Road, Race Leys Infant School Hurst Road, 2-14 (even) Mount Pleasant Road, 2-22 (even) Frances Crescent, 18-22 (Even) George St Ringway, 84-92 (even) Margaret Ave, 2 & 4 Mayfield Close
Consultation Representations: Severn Trent Water 1. No objection subject to conditions covering: a. Pre commencement - Foul and surface water details submitted and approved
Environment Agency 1. No objection subject to conditions covering: a. Pre commencement – Sustainable surface water drainage to be submitted and approved including the maintenance and future management thereof
WCC Highways 1. No objection subject to conditions covering: a. Access to be as per drawing number 11013 A102 Rev F b. No gates shall be hung to open within 6.0 c. Details required for access for refuse vehicles d. Details required for the provision of the access, car parking, manoeuvring service areas, surfacing, drainage and levels and maintained thereafter. e. The development hereby permitted shall not be commenced until details for the right turn signage for vehicles leaving the site have been submitted to and approved in writing by the Council. f. Wheel wash to be agreed and approved. g. The Green Travel Plan submitted must be implemented.
Sport England 1. No comment
Police 1. No objections
Environmental Health 1. No objection subject to conditions covering: a. Standard contamination conditions b. Noise standard in living and bedrooms to be to BS8233:1999 standard.
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Housing 1. Supports development as will be a valuable contribution and greatly assist in meeting housing needs. Subject to: a. Units are to be advertised through Council’s Choice Base Lettings b. 106 needs to include nomination agreement for UCHOOSE CBL Scheme to reach local applicants.
Parks Development 1. No objection subject to conditions covering: a. Only works scheduled are to be carried out to the trees, works to be avoided early Spring or in deep snow. Tree root protection areas must be provided and carried out to British Standards. b. Phase 2 survey for amphibians to be carried out in the summer months and if any species found work should stop immediately and Ecologist consulted. c. Landscaping scheme to be submitted and agreed in writing by the Council. d. Bird nesting note required.
Warwickshire County Council – People Group 1. In support of application due to will be an important contribution for extra care accommodation in an increasingly aging population
Warwickshire County Council – Museum and Archaeology 1. No comment
WCC Property Services, WCC Structure Plan and Bedworth Society. 1. No comments received from them.
Neighbour Representations:
Objections Letters from 15, 16 & 21 Linden Lea, 4, 8 & 10 Frances Crescent, 2 Hurst Road and Race Leys School raising the following points; 1. Revised plans are an insult to the planning authority’s previous decision and the residents involved who were so relieved when the committee supported their view. These proposals do not materially change the extent of this building. It remains too large, too tall and too close to traditional low rise housing. 2. Previous application was refused due to unacceptable scale but this new scheme has a larger footprint than that previously considered instead of reducing the number of apartments and making it all two storey and would have detrimental impact on the privacy, aspect and light to surrounding residential properties. 3. Still three storeys close to Linden Lea so will overshadow some of these bungalows which are already overshadowed by Tesco’s but will be better for some of the properties in Linden Lea. 4. The three storeys will dominate the surrounding residential properties the large trees and Tesco’s already causes problems with light and noise. 5. Will be considerably worse for residents in Hurst Road. 6. No precedent for three storeys the previous school was single storey. 7. Due to the additional wings, any resident of the proposal will have restricted views and daylight. 8. No financial justification has been provided so it is possible that fewer apartments could be viable.
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9. This overdevelopment of the site is contradictory to the adjacent application for the bungalows which is a gross under occupation. This neighbouring site would be more appropriate for three storeys and comparing the two sites this adjacent site would be suitable for 24 apartments. 10. Comparing the two adjacent proposals if you compared the density on the adjacent site then the school site would only be suitable for 60 apartments. 11. A 20/65 split between the sites would give the same total of 85 units. 12. The fairest plan would be for two individual two storey blocks and the application is welcome if it could be amended and consider these better options 13. The proposal is not logical and does not provide much needed affordable housing and is unfair on the neighbouring properties 14. View from bungalow at Linden Lea will be blocked by the 11.2 m high ridge which is 6 metres from fence line. 15. Second floor windows will overlook sitting room and conservatory invading privacy. 16. 50 spaces are insufficient so residents will park in Linden Lea. 17. Negative impact on value and saleability of neighbouring properties. 18. Disruption and noise will cause stress and anxiety. 19. The three storey windows will directly overlook the rear of the properties in Frances Crescent and Linden Lea and provide loss of privacy, reduction in light and in some cases almost reduce views completely. 20. The two and three storey proposal will dwarf the surrounding traditional houses and be out of character, over prominent and incongruous. 21. Two storey gables are taller than the rooflines of neighbouring houses so will block out views, light and privacy. 22. The proposed 1.8 metre fence is too low and needs to be 2.4 metres to improve security and privacy. 23. The Committee previously refused the application on the impact of increased traffic on the adjacent residential streets that already become blocked and impassable by refuse lorries and would be detrimental to traffic flows and highway safety on the surrounding road network including the high speed junction opposite the development. These concerns have not been met by the new proposal and it would take a fatality for the Council to take note and access should be considered before consent is granted. 24. The trees to be planted should be mature trees. 25. Developer promised to arrange a visit for neighbours to an existing site and promised to erect something on the site as a temporary measure to show the height. These promises have not been met. A 7 metre pole erected on the site (the heights of the proposed 2 storey) showed it was above ridge of neighbouring properties. 26. Proposal is all about money and disregards how the neighbouring people’s lives will be affected. 27. The build will take 70 weeks this with the proposal at the former Mayfield site will cause disruption in an already vulnerable area that has two schools in close proximity. 28. Hurst Road is private and is not suitable for any additional traffic and the width is already a safety concern for pupils and traffic to the new development should not be allowed in Hurst Road. Parents are not currently allowed to use the road due to the width and access issues. Also request construction traffic do not use this road for safety reasons. 29. Disappointed that lime tree line to the front boundary is not to be extended (as per pre application discussions, can it be addressed during the application process?
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Comments Letter from 2 and 18 Hurst Road raising the following points: 1. No objection to the development as long as concerns are addressed and something put into place to ensure they will not be overlooked. 2. Queries about some of the trees annotated in the tree survey. 3. Requests that the hedge is retained in front of their boundary for its wildlife benefits. 4. Request that size of fence is increased to provide screening. 5. Welcomes increase of parking spaces from previous scheme. 6. Request site visit from Planning Committee to ensure that the vehicular access is properly considered to ensure the junction is as safe as possible.
Relevant Previous History: 031270 - Erection of 74 self contained apartments for over 55's in one three and two and a half storey block, incorporating shared communal facilities, parking and landscaping – Refused 21st March 2012
Application by same applicant on adjacent land 031712 11 Extra care bungalows to include associated parking and landscaping (includes demolition of Mayfield Care Home) still under consideration.
Relevant Policies Nuneaton & Bedworth Borough Local Plan June 2006: H3 Affordable Housing, H6 Obligations, ENV14 Supplementary Planning Guidance/Supplementary Planning Documents - Residential Design Guide 2004, Affordable Housing Supplementary Planning Document 2007. National Planning Framework March 2012.
RECOMMENDATION On completion of a Section 106 agreement relating to the provision of affordable housing on site, the Head of Development Control be given delegated authority to grant planning permission.
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
Conditions: 2. The development shall not be carried out other than in accordance with the approved plans contained in the following schedule: Plan Description Plan Number Revision no. Date Received 3D Visualisation External A002 3/09/12 3D Visualisation West elev. A003 3/09/12 Location Plan A100 Rev.A 3/09/12 Existing Site Plan A101 Rev.A 3/09/12 Proposed Site Plan A102 Rev.F 3/09/12 Proposed Ground floor Plan A110 Rev.K 3/09/12 Proposed First Floor Plan A111 Rev.J 3/09/12 Proposed Second Floor Plan A112 Rev.J 3/09/12
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Proposed Roof Plan A113 Rev.C 3/09/12 Proposed Elevations A200 Rev.E 3/09/12 Proposed Elevations A201 Rev.A 3/09/12 Existing Site Sections A300 Rev.B 3/09/12 Proposed Landscaping Plan A500 Rev.A 3/09/12 Design and Access Statement A600 Rev.B 3/09/12 Planning Statement 3/09/12 Ecology Survey Survey date 3/09/12 13/12/11 Tree Survey Survey date 3/09/12 12/12/11 Tree Constraints Plan Rev.0 3/09/12 Sustainability Report Survey date 3/09/12 Dec. 2011 Green Travel Plan Dec 2011/v1 3/09/12 Flood Risk Assessment Dec 2011 Rev.A 3/09/12 Coal Authority Report Printed 28/11/11 3/09/12 Planning Noise Assessment 7/12/11 1st Issue 3/09/12 Transport Statement Dec 2011 Rev.no.3 3/09/12 Evidence of Parking Needs 3/09/12 Affordable Housing Statement October 2010 1/11/12 3. No development shall commence until details for the disposal of both surface water and foul sewage have been submitted to and approved in writing by the Council. The Scheme shall be implemented in accordance with the approved details before the development is first brought into use. 4. Access for vehicles to the site from the public highway (Margaret Avenue D1622) shall not be made other than at the position identified on the approved drawing, Number 11013 A102 Rev F, providing an access no less than 5.0 metres in length for a distance of 7.5 metres, as measured from the near edge of the public highway footway, and no gates shall be hung to open within 6.0 metres of the public highway footway. 5. No development shall commence until details of the access including bell mouth to the site have been submitted to the Council. No development hereby approved shall be occupied shall until the access has been laid out and constructed in accordance with the approved details. 6. Notwithstanding the plans submitted no development shall commence until full details of the provision of the access, car parking, manoeuvring and service areas, including surfacing, drainage and levels have been submitted to and approved in writing by the Council. Details shall also include a swept path analysis of a refuse vehicle no shorter than 10.8 metres in length turning around within the proposed layout. No building shall be occupied until the areas have been laid out in accordance with the approved details. Such areas shall be permanently retained for the purpose of parking and manoeuvring of vehicles, as the case may be. The vehicular access to the site shall not be constructed in such a manner as to reduce the effective capacity of any highway drain or permit surface water to run off the site onto the public highway. 7. No development shall commence until details of the right turn only signage for vehicles leaving the site have been submitted to and approved in writing by the Council. The approved signage shall be erected prior to the occupation of any of the development hereby approved. 8. No development shall be commenced until a turning area has been provided within the site so as to enable general site traffic and construction vehicles to leave and re-enter the public highway in a forward gear. 9. No development shall commence or continue unless measures are in place to prevent/minimise the spread of extraneous material onto the public highway by the wheels of vehicles using the site and to clean the public highway of such material. Details of such measures shall first be submitted to and approved in writing by the Council and only the agreed details shall be implemented on site.
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10. Notwithstanding the approved plans, no development shall commence until a landscaping scheme, including the retention of the hedge adjacent to 18 Hurst Road, has been submitted to and approved in writing by the Council and the said scheme shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner:- Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 11. No construction work shall commence until a scheme showing measures for the protection of the trees has been submitted to and approved in writing by the Council and such agreed measures are implemented and maintained during the course of development. 12. No development shall commence until a Phase 2 survey and mitigation, including amphibians and reptiles has been carried out and submitted to the Council. The approved survey and mitigation shall be implemented prior to the occupation of any of the development hereby approved. If any protected species are discovered during development, works must stop immediately and a qualified Ecologist consulted. 13. Notwithstanding the approved plans, no development shall commence until details of all boundary treatments, including new walls and fences, have been submitted to and approved in writing by the Council. The use shall not commence until all boundary treatment has been carried out in accordance with the approved details. 14. No development shall commence until a contaminated land assessment and associated remedial strategy, has been submitted to, and approved in writing by the Council. 15 The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. 16. If during implementation, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the 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. 17. 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. 18. No development shall commence until details of lighting to be provided on the site have been submitted to and approved in writing by the Council. Lights shall not be brought into use until the position and angle of the lamps have been agreed on site by the Council and any required adjustments have been carried out to meet approved luminance levels and to prevent glare to occupiers of adjoining residential properties. The lights shall be maintained in accordance with the approved details at all times and shall not be altered without the prior written consent of the Council. 19 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. 20. No development shall commence until details of construction traffic routes and any temporary access are submitted to and approved in writing by the Council. No construction traffic shall use Hurst Road to enter or exit the site. 21. No apartment shall be occupied unless the noise level in the living room and bedroom of that apartment is to a reasonable standard as defined in BS8233;1999.
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22. The Green Travel Plan submitted to promote sustainable transport choices to the site and the measures proposed to be carried out within the plan so approved shall continue to be implemented in full in perpetuity. The plan is to include: (i) targets for the proportion of employees and visitors travelling to and from the site by foot, cycle, public transport, shared vehicles and other modes of transport which reduce emissions and the use of non-renewable fuels; (ii) measures designed to achieve those targets together with timescales and arrangements for their monitoring, review and continuous improvement; (iii) the senior manager of the business using the site with overall responsibility for the plan and a scheme for involving employees of the business in its implementation and development. 23. The building shall not be occupied until a plan detailing the tenure of each apartment as identified in the approved affordable housing statement has been submitted to and approved in writing by the Council. No apartment shall be occupied other in accordance with the approved tenure plan. 24. The ancillary uses as listed on the approved plan detailed as: Hobbies and Craft, Lounge, Salon, Care Shop, Well Being, Dining, Lounge and Kitchen shall be provided as such in perpetuity, unless otherwise agreed in writing by the Council. 25. Each apartment shall not be occupied other than by persons who are aged 55 years old or over.
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7. 031664/EX: The Orchard PH, Coventry Road, Exhall, Coventry Installation of one refrigeration condenser and three roof mounted air conditioning units Applicant: Mr Patrick Joyce
Consultees notified: WCC Highways, Environmental Protection, Town Centre manager
Neighbours notified: 2-30 (even) Manse Close, 47 Black Bank, Exhall, 277-293 (odd) Coventry Road, Exhall
Consultation Representations: Town Centre Manager 1. No Objection
Environmental Protection 1. No Objection subject to conditions relating to a. No other plant equipment than that specified in the noise reports should be subsequently installed b. Air Conditioning units to be installed with appropriate acoustic wall lining c. Erection of hit and miss fence around the units
WCC Highways 1. No Objection
Neighbour Representations:
Letters of objection from 287 Coventry Road, 4, 12 Manse Close raising the following points: 1) There will be an increase in traffic, noise, light pollution, and will affect property values 2) Would be detrimental to highway safety 3) May increase anti-social behaviour 4) Concerns over boundary fences 5) Objection to the sale of alcohol between 6am and 12am
Petition of support received from 54 addresses.
Relevant Previous History 12722 – Retention of illuminated and non-illuminated signage – Approved in October 2008 12692 – Siting of hot food van on car park – Refused (Com) – November 2008
Background: This application is being presented to Committee at the request of Councillors Doughty and Taylor. The application, along with the other submitted on the same site both deal with; a single storey extension to rear, shop front alterations including ATM, removal of the canopy to side, resurfacing of the car park (031665) and installation of the air conditioning and refrigeration units (031664). The change of the use from a pub (A4 use drinking establishment) to a shop (A1 retail premises) is permitted development under the Use Classes Order 1995 (as amended).
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Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 - ENV14 Supplementary Planning Guidance/Supplementary Planning Documents - Residential Design Guide 2004 - National Planning Policy Framework March 2012.
RECOMMENDATION: Approval
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
Conditions 2. The development shall not be carried out other than in accordance with the approved plans contained in the following schedule: Plan Description Plan No. Date Received Location Plan 306 16th August 2012 Proposed Elevations S&E 303 16th October 2012 Proposed Plant Location & roof plan 307 16th October 2012 Proposed Elevations 304 16th October 2012 Plant Noise Assessment LE/EC12190-004 16th August 2012 Existing Elevations 305 16th August 2012 3. No plant equipment other than that identified within the Plant Noise Assessment Report (Plan No. LE/EC12190-004), or equipment which operates to noise specifications identified in this report, shall be installed or operated. 4. The Air-Conditioning units hereby approved shall not be installed other than with acoustic wall lining.
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8. 031665/EX: The Orchard PH, Coventry Road, Exhall, Coventry Single storey extension to rear, installation of a new shopfront and ATM, removal of canopy to side and resurfacing of existing car park Applicant: Mr Patrick Joyce
Consultees notified: Highways Authority, Town Centre Manager
Neighbours notified: 2-30 (even) Manse Close, 47 Black Bank, Exhall, 277-293 (odd) Coventry Road, Exhall
Consultation Representations: Highways 1. Objection on the grounds of: a. Inadequate visibility splays b. Inadequate demonstration manoeuvring areas c. Levels and drainage d. The access is not suitable for intensification of use
2. Following the submission of additional information no objection subject to conditions relating to: a. Access and Deliveries b. Car Parking and Manoeuvring c. Visibility Splays d. Access and Delivery Limits e. Glare f. Turning Area g. Extraneous Material
Warwickshire Police 1. Comment and conditions relating to: a. Inclusion of external CCTV and privacy zone for ATM markings
Town Centres Manager 1. No Concerns
Neighbour Representations: Letters of objection from 21 Trelawney Close, 124, 281 Coventry Road, 2, 4 14 Manse Close raising the following points: 1) The use of the premises as a shop 2) Loss of another local pub 3) Existing small business will lose custom 4) Cause problems with noise, litter, anti-social behaviour 5) Concerns over delivery times 6) Problems with highway safety and traffic levels 7) People may use the rear of Manse Close as a cut through 8) There is a blind turn at the Black Bank pub 9) Object to the selling of alcohol from 6am to 12am 10) Concerns over boundary fences 11) Will affect property value
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Letter of support from 28 Springfield Road raising the following points: 1) Shop use would be much more beneficial to the area than another pub 2) There are three other pubs close by to choose from 3) The nearest shops are town centre based 4) Good to have a reputable supermarket nearby
Petition of support received from 54 addresses.
Relevant Previous History 12722 – Retention of illuminated and non-illuminated signage – Approved in October 2008 12692 – Siting of hot food van on car park – Refused (Com) – November 2008
Background: This application is being presented to Committee at the request of Councillors Doughty and Taylor. The application, along with the other submitted on the same site both deal with; a single storey extension to rear, shopfront alterations including ATM, removal of the canopy to side, resurfacing of the car park (031665) and installation of the air conditioning and refrigeration units (031664). The change of the use from a pub (A4 use drinking establishment) to a shop (A1 retail premises) is permitted development under the Use Classes Order 1995 (as amended).
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 - ENV14 Supplementary Planning Guidance/Supplementary Planning Documents – Residential Design Guide 2004 - National Planning Policy Framework March 2012.
RECOMMENDATION: Approval
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area and relevant provisions of the development plan, as summarised above, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
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 306 16th August 2012 Proposed Elevations S&E 303 16th October 2012 Proposed Plant Location and Roof Plan 307 16th October 2012 Proposed Elevations 304 16th October 2012 Existing Elevations 305 16th August 2012 Delivery Routing Plan 9X5948-TR003 19th October 2012 3. Details of the type, position and numbers of CCTV cameras for the shopfront, shall be submitted to and approved in writing by the Council. The development shall not be carried out other than in accordance with the approved details. 4. No development shall commence until details of the size, type and siting of security bollards in front of the ATM have been submitted and approved in writing by the Council.
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5. Any delivery vehicles accessing and/or egressing the site must do so in accordance with the details provided in drawing 9X5948-TR003, providing an access no less than 6.0 metres in width. No gates shall be hung within the vehicular access to the site so as to open within 6.0 metres of the public highway footway, with no more than one delivery vehicle shall service the site at any one time. 6. No development shall commence until full details of the provision of the access, car parking, manoeuvring and service areas, including surfacing, drainage and levels have been submitted to and approved in writing by the Council. No building shall be occupied until the areas have been laid out in accordance with the approved details. Such areas shall be permanently retained for the purpose of parking and manoeuvring of vehicles, as the case may be. The vehicular access to the site shall not be constructed in such a manner as to reduce the effective capacity of any highway drain or permit surface water to run off the site onto the public highway. 7. No development shall commence until visibility splays have been provided to the vehicular access to the site, passing through the limits of the site fronting the public highway, with an ‘x’ distance of 2.4 metres and ‘y’ distances of 51.0 metres to the near edge of the public highway carriageway. No structure, tree or shrub shall be erected, planted or retained within the splays exceeding, or likely to exceed at maturity, a height of 0.3 metres above the level of the public highway carriageway. 8. No development shall commence until a turning area has been provided within the site so as to enable general site traffic and construction vehicles to leave and re-enter the public highway in a forward gear.
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9. 031719/CH: Camp Hill Phase 3, Nuneaton Substitution of house types on 18 plots. Plots 202-205, plot 270, plots 292-294 to T16B. Plots 222-225 and 252-255 to T2A/B. Replace plots 272 and 273 to T16 (Amendments to approval 31216). Applicant: Barratt Homes
Consultees notified: WCC, Parks & Countryside, Warwickshire Police, Friends of Whittleford Park, Housing.
Neighbours notified: None – site notice erected
Consultation Representations: WCC Highways 1. No objection.
Warwickshire Wildlife Trust 1. No response.
Friends of Whittleford Park 1. No response.
Severn Trent Water 1. No objection subject to condition covering: a. Drainage plans for disposal of foul and surface water.
Refuse and Cleansing 1. No comments
Housing Strategy 1. No response.
Environmental Health 1. No comments.
Parks and Countryside 1. No objection. WCC Police 1. No objection.
Neighbour Representations: None received
Relevant Previous History The application site forms part of the wider Camp Hill regeneration initiative which is currently being brought forwards by the Pride in Camp Hill Partnership. The Camp Hill regeneration initiative comprises four distinct phases of development. The first phase was completed in 2007 and saw the development of 172 residential dwellings. The second phase of development comprised 233 residential dwellings in addition to a new retail centre and community building. Phases 1 and 2 of the regeneration initiative also saw the construction of a new spine road link through the Camp Hill Estate which links Cedar Road to the B4114 Tuttle Hill.
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Phase 3 is the current phase under construction and it is envisaged that approximately 800 new residential dwellings would be developed here. Phase 4 is represented by the development at Midland Quarry.
031574 - Erection of 141 dwellings (Approval of reserved matters: landscaping of outline planning permission 030128B) (Camp Hill Phase 3)(2 of 6) – Approved 10/10/2012 031216: Erection of 141 dwellings (Approval of reserved matters: layout, scale, appearance and access of outline planning permission 030128B) (Camp Hill Phase 3) (2 of 6). Approved 21/03/2012. 030128A and 030128B: Vary condition 12 of Approval 10153 and condition 21 of Approval 29715 to remove the last sentence which reads as follows: No more than 50% of units in any phase shall be occupied unless and until the affordable housing for that phase has been provided and is available for use. Approved 07/06/2010. 029715: Residential development (Outline with all matters reserved). (Existing houses demolished, resubmission following the expiration of previous outline permission reference 010153). Approved 11/11/2009. 029498: Erection of 158 dwellings (Approval of reserved matters: siting, design, external appearance, access and landscaping of outline planning permission 010153). Approved 14/07/2009. 010153: Residential development - (Outline) (Existing houses demolished). Approved 09/06/2006.
Background: This application is being reported to Planning Applications Committee as it is a major application involving Council owned land.
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006: H1 – Housing Allocations, H3 - Affordable Housing, H5 - Adaptable Housing, H6 - Planning Obligations, T10 - Car Parking Standards and Env14 - Supplementary Planning Guidance/Documents - Residential Design Guide 2004 and Affordable Housing SPD 2007. National Planning Policy Framework March 2012.
RECOMMENDATION: Approval
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area and relevant provisions of the development plan, as summarised above, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
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 001 Rev A 11th September 2012 Site Layout 002 Rev GG 11th September 2012 Materials 003 Rev D 11th September 2012 Tenure Plan 009 Rev E 11th September 2012 Refuse Plan 012 11th September 2012
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Streetscenes 1 230 Rev G 11th September 2012 Streetscenes 3 232 Rev H 11th September 2012 Housetype T3 255 Rev F 11th September 2012 Housetype T16A 281 Rev H 11th September 2012 Housetype T16B 281RevH-283 11th September 2012 Housetype T17 284 11th September 2012 Tenure Plan C767/009E 11th September 2012 3. The development shall not be carried out other than in accordance the approved levels details in application 30128B unless otherwise agreed in writing by the Borough Council. 4. The development shall not be carried out other than in accordance with approved drainage and surface water limitation details in application 30128B and no dwelling shall be occupied until the required drainage has been provided in accordance with the approved details. 5. The development shall not be carried out other than in accordance with the details in respect of the parking areas, access, footpaths and verges approved under application 30128B. No dwelling shall be occupied in that phase until the access has been constructed in accordance with the approved details. Such areas shall be permanently retained for the purpose of parking and manoeuvring of vehicles, as the case may be. 6. The development shall not be carried out other than in accordance with the approved details of pedestrian and cycle routes, cycle storage facilities and public transport infrastructure approved under application 30128B. No dwelling in that phase shall be occupied until the pedestrian and cycle routes and public transport infrastructure for that phase has been provided in accordance with the approved details. 7. The development shall not be carried out other than in accordance with the landscaping scheme approved under reserved matters 031574 and the said scheme shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner:- Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 8. The development shall not be implemented other than in accordance with the contaminated land assessment and associated remedial strategy approved by application 30128B. If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and agreed in writing by the 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. 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. 9. The development shall not be carried out other than in accordance with the approved details of water supplies and fire hydrants. The development shall not be occupied until provision has been made in accordance with the approved details. 10. The affordable housing shall not be carried out other than in accordance with the affordable housing plans reference C767/009E unless otherwise agreed in writing by the Borough Council.
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10. 031631/AB: Rear of 83 Stanley Road, Nuneaton Erection of 4 terraced houses (Outline with all matters reserved) Applicant: Mr A Bradbury
Consultees Notified: WCC Highways, Severn Trent Water , Environmental Health, Environmental Housing, Canal and River Trust.
Neighbours Notified: 1-15 (Odd) James Street, 73-81 (Odd) Stanley Road, 57-71 (Odd) Earls Road, Manor Park School, Beaumont Road.
Consultation Representations: WCC. Highways 1. No objection subject to conditions covering: a. Access. b. Car parking. c. Manoeuvring. d. Service areas. e. Visibility splays.
Severn Trent Water 1. No objection.
Environmental Health 1. No objection subject to conditions covering: a. Ground contamination. b. Noise assessment.
Environmental Housing and Canal and River Trust No response.
Neighbour Representations:
Comments Letter from 86 Stanley Road raising the following points: 1. Proposal will lead to increased vehicle movements 2. Owners of No 83 will be very close to proposed dwellings 3. What controls will there be over occupants of proposed dwellings 4. No 73 Stanley Road was the subject of a near fatal fire in 2010, more houses will create more risk of fires. 5. Potential loss of privacy.
Relevant Previous History: None relevant.
Background: This is an outline application for the erection of 4 terraced houses All matters are to be reserved and will be dealt with at a later stage. These relate to: Layout – the way in which buildings, routes and open spaces are provided within the development and their relationship to buildings and spaces outside the development. Scale – the height, width and length of each building proposed in relation to its surroundings.
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Access – accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network. Appearance – The aspects of a building or place which determine the visual impression in makes, including the external built form of the development. Landscaping – Treatment of private and public space to enhance or protect the site’s amenity through hard and soft measures, for example, through planting of trees or hedges or screening by fences or walls.
This application is being reported to Planning Applications Committee at the request of Councillor Jill Sheppard.
Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 - H6 Obligations, ENV14 Supplementary Planning Guidance/Supplementary Planning Documents- Residential Design Guide 2004 - National Planning Policy Framework March 2012.
RECOMMENDATION: On completion of a Section 106 agreement relating to a contribution towards the provision and maintenance of open space and play facilities in the area, the Head of Development Control be given delegated authority to grant planning permission.
Reason for the recommendation of approval: Having regard to the pattern of existing development in the area, relevant provisions of the development plan, as summarised above, and the consultation responses received, it is considered that subject to compliance with the conditions attached to this permission, the proposed development would be in accordance with the development plan, would not materially harm the character or appearance of the area or the living conditions of neighbouring occupiers and would be acceptable in terms of traffic safety and convenience.
Conditions: 4. The details required by condition 1(e) shall be carried out within 12 months of the commencement of the development and subsequently maintained in the following manner: Any tree or plant (including any replacement) which, within a period of five years from the implementation of the scheme, dies, is removed or becomes seriously damaged or diseased, shall be replaced in the next planting season with another of a similar size and species unless the Council consents in writing to any variation. 5. 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 O.S. site plan 24th July 2012 Site plan DO251/01-12 24th July 2012 6. No development shall commence until full details of all boundary treatments, including new walls and fences, have been submitted to and approved in writing by the Council. The houses shall not be occupied until the boundary treatment has been carried out in accordance with the approved details. 7. No development shall commence until details for the disposal of both surface water and foul sewage have been submitted to and approved in writing by the Council. No development creating surface water run off and no dwelling shall be occupied until the drainage works in accordance with the approved details have been carried out.
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8. 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. 9. No development shall commence until details (including an up to date noise survey) for measures to mitigate noise from the railway have been submitted to and approved in writing by the Council. The dwellings hereby permitted, shall not occupied until the noise attenuation measures have been provided in accordance with the approved details. 10. No development shall commence until: (i) A contaminated land assessment and associated remedial strategy, has been submitted to, and approved in writing by the Council. The approved remediation works shall be completed on site, in accordance with a quality assurance scheme, agreed as part of the contaminated land assessment. (ii) If during implementation of this development, contamination is encountered which has not previously been identified, the additional contamination shall be fully assessed and a specific contaminated land assessment and associated remedial strategy shall be submitted to and approved in writing by the Council before the additional remediation works are carried out. The approved strategy shall be implemented in full prior to completion of the development hereby approved. (iii) 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 approved in writing by the Council. 11. Notwithstanding the approved plans, no development shall commence until full details of the provision of the access and car parking areas, including surfacing, drainage and levels have been submitted to and approved in writing by the Council. No building shall be occupied until the car parking area including the necessary extension to the vehicular footway crossing have been laid out and are available for use in accordance with the approved plan and such areas shall be permanently retained for the parking and manoeuvring of vehicles. The vehicular access to the site shall not be constructed in such a manner as to reduce the effective capacity of any highway drain or permit surface water to run off the site onto the public highway. 12. Notwithstanding the approved plans the proposed access shall be 5.0 metres in width for a distance of no less than 7.5 metres, as measured from the near edge of the public highway footway. 13. The development shall not be commenced until visibility splays have been provided to the vehicular accesses to the site, passing through the limits of the site fronting the public highway, with ‘x’ distances of 2.4 metres and ‘y’ distances of 29.0 metres to the near edge of the public highway carriageway. No structure, tree or shrub shall be erected, planted or retained within the splays exceeding, or likely to exceed at maturity, a height of 0.6 metres above the level of the public highway carriageway. 14. No development shall commence until full details of the site levels and finished floor levels have been submitted to and approved in writing by the Council. No construction work shall be carried out other than in accordance with the approved details.
Planning Applications Committee 19.11.12 69 USE CLASSES ORDER
Town & Country Planning (Use Classes) (Amendment) (England) Order 2010
Class Category Description Permitted Change A1 Shops To visiting members of the public; the retail sale of goods other than hot food; post Only to a mixed use comprised offices; travel agencies; ticket agencies; premises where cold food is to be of A1 and a single flat above consumed off the premises; hair dressers; funeral directors; shops; domestic hire (likewise a mixed A1 use and flat shops; dry cleaners; and internet cafes (where the primary purpose is to provide above can change to A1 alone) access to the internet
A2 Financial & Professional To visiting members of the public; financial services; professional services (but To A1 (where there is a ground Services excluding health and medical services) and other services that it is appropriate to floor display window). (Class A2 provide in a shopping area. Examples are banks and building societies, estate with a single flat above may agents, solicitors and employment centres, betting offices change to A2 alone, A1 alone or to A1 with flat above A3 Food & Drink The sale of food and drink for consumption on the premises, including restaurants A1 or A2 and cafes
A4 Drinking Establishments Use as a public house, wine bar or other such drinking establishment A1, A2 or A3
A5 Hot Food Takeaway Use for the sale of hot food for consumption off the premises A2, A2 or A3
B1 Business Uses able to be carried out in any residential area without detriment to the amenity B8 (where area no greater than of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit 235 sq m) and being either the use as an office other than one falling within Class A2; use for research and development of products/processes or use for any industrial process
B2 General Industrial Use for the carrying on of an industrial process other than one falling within Class B1 B1 or B8 (a change to B8 is limited to an area not greater than 235 sq m) B8 Storage or Distribution Use for storage or as a distribution centre B1 (where area no greater than 235 sq m)
Planning Applications Committee 19.11.12 70 Class Category Description Permitted Change C1 Hotels Use as a hotel or as a boarding or guest house, where no significant element of care No permitted changes is provided
C2 Residential Institutions Use for the provision of residential accommodation and care to people in need of care No permitted changes other than a use within Class C3. Use as a hospital or nursing home. Use as a residential school, college or training centre
C2A Secure Residential Use for the provision of secure residential accommodation including use as a prison, No permitted changes Institutions young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks
C3 Dwellings Use as a dwelling house by a single person or by people forming a single household; Permitted change to C4 or use by not more than 6 people living as a single household where care is provided for the residents; or use by not more than 6 people living as a single household where no care is provided to residents (other than a use within Class C4)
C4 Houses in Multiple Use of a dwelling house by not more than 6 residents as a “house in multiple Permitted change to C3 Occupation occupation” (Note: does not include converted block of flats – s257 Housing Act 2004 but otherwise has the same meaning as in s254 Housing Act 2004)
D1 Non Residential Non-residential use for the provision of medical or health services (except premises No permitted changes Institutions attached to the residence of the consultant/practitioner), use as a crèche, day nursery or day centre, for provision of education, for the display of art, as a museum, as a library or reading room, as a hall or exhibition hall, or use in connection with public worship or religious instruction or use as a law court.
D2 Assembly & Leisure Use as a cinema, concert hall, bingo hall, swimming bath, skating rink, gymnasium or No permitted changes area for indoor or outdoor sports and recreation (but not those involving motor vehicles or firearms)
Sui-generis Not all uses fall within one of the classes. Examples of such uses include: No permitted changes Theatres, amusement arcades, funfairs, launderettes, petrol/fuel station, car showrooms, taxi and vehicle hire businesses, scrap yards and breakers yards, hostels, waste disposal / incineration / chemical treatment / landfill and alkali works, retail warehouse clubs, night-clubs and casinos. HIMO’s over 8 people. This is a non- exhaustive list
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