Public Document Pack NOTTINGHAM CITY COUNCIL PLANNING COMMITTEE Date: Wednesday 20 March 2019 Time: 2:30pm Place: Ground Floor Committee Room - Loxley House, Station Street, Nottingham, NG2 3NG Councillors are requested to attend the above meeting to transact the following business Corporate Director for Strategy and Resources Governance Officer: Adrian Mann Direct Dial: 0115 876 4468 1 APOLOGIES FOR ABSENCE 2 DECLARATIONS OF INTERESTS 3 MINUTES 3 - 6 Minutes of the meeting held on 20 February 2019, for confirmation 4 PLANNING APPLICATIONS: REPORTS OF THE CHIEF PLANNER a Site of York House, Mansfield Road 7 - 26 b Site of Beechdale Swimming Centre, Beechdale Road 27 - 54 c William Olds Youth Centre, 84 Chiltern Way 55 - 70 IF YOU NEED ANY ADVICE ON DECLARING AN INTEREST IN ANY ITEM ON THE AGENDA, PLEASE CONTACT THE GOVERNANCE OFFICER SHOWN ABOVE, IF POSSIBLE BEFORE THE DAY OF THE MEETING CITIZENS ATTENDING MEETINGS ARE ASKED TO ARRIVE AT LEAST 15 MINUTES BEFORE THE START OF THE MEETING TO BE ISSUED WITH VISITOR BADGES CITIZENS ARE ADVISED THAT THIS MEETING MAY BE RECORDED BY MEMBERS OF THE PUBLIC. ANY RECORDING OR REPORTING ON THIS MEETING SHOULD TAKE PLACE IN ACCORDANCE WITH THE COUNCIL’S POLICY ON RECORDING AND REPORTING ON PUBLIC MEETINGS, WHICH IS AVAILABLE AT WWW.NOTTINGHAMCITY.GOV.UK. INDIVIDUALS INTENDING TO RECORD THE MEETING ARE ASKED TO NOTIFY THE GOVERNANCE OFFICER SHOWN ABOVE IN ADVANCE. Agenda Item 3 NOTTINGHAM CITY COUNCIL PLANNING COMMITTEE MINUTES of the meeting held at Loxley House, Station Street, NG2 3NG, on 20 February 2019 from 2.30 pm - 2.50 pm Membership Present Absent Councillor Chris Gibson (Chair) Councillor Leslie Ayoola Councillor Brian Parbutt (Vice Chair) Councillor Sally Longford Councillor Cheryl Barnard Councillor Cate Woodward Councillor Graham Chapman Councillor Azad Choudhry Councillor Josh Cook Councillor Gul Nawaz Khan Councillor Andrew Rule Councillor Mohammed Saghir Councillor Wendy Smith Councillor Malcolm Wood Councillor Steve Young Councillor Michael Edwards (substitute for Councillor Woodward) Colleagues, partners and others in attendance: Paul Seddon - Chief Planner Rob Percival - Area Planning Manager Martin Poole - Area Planning Manager Judith Irwin - Senior Solicitor Nigel Turpin - Heritage and Urban Design Manager Mark Leavesley ) Governance Officer Adrian Mann ) 65 APOLOGIES FOR ABSENCE Councillor Ayoola - leave Councillor Longford - unwell Councillor Woodward - personal 66 DECLARATIONS OF INTERESTS None. 67 MINUTES Subject in minute 62(c) to the replacement of ‘but is not clear if there will be substantial transfers of staff from Derby and Leicester and …’, with ‘but it is understood that transferring staff from Derby and Leicester will be moved into the HMRC building first, and it is unclear…., the Committee agreed that the minutes of the meeting held on 16 January 2019 were a correct record and they were signed by the Chair. Page 3 Planning Committee - 20.02.19 68 66 LONDON ROAD Rob Percival, Area Planning Manager, introduced application 18/02107/PFUL3, by Indigo Planning on behalf of Cassidy Group (London Road) Limited, for a development of 150 apartments with associated communal area and car parking spaces. The application was brought to Committee as it: (i) concerns a major development on a prominent site on the southern approach to the City; (ii) has been the subject of a viability challenge, and proposed planning obligations are substantially less than typically required by adopted planning policies. The following additional information was included in an update sheet, circulated at the meeting and appended to the online agenda: (i) The Environment Agency had submitted revised comments, stating that it is satisfied with the mitigation proposed by the applicant in relation to raising of the ground floor level to 26.04mt and further flood resilience measures to 26.33mt. Therefore, the initial objection is overcome and the application is supported, subject to the development being undertaken in accordance with the letter from Betts Hydro, dated 07/02/2019. (ii) In allocating the available financial contribution, the sum in respect of S.106 Public Open Space contribution is being prioritised to facilitate enhancement of public realm within the Southern Gateway, which is required to accompany developments, including this one, that come forward to transform this area of the City. The contribution sought would not result in the permissible number of obligations that can be pooled being exceeded according to Regulation 123(3) of the Community Infrastructure Levy Regulations 2010. During discussion, the Committee stated that it unanimously supported the proposal, specifically highlighting the curved design, the sympathetic incorporation of the existing building, the dramatic entrance and the overall improvement to this area of London Road. It was stated, however, that as this building sits within the Meadows area, consideration should be given to use of some S106 monies towards local projects, such as the Arkwright Walk football pitches, rather than just on the ‘Southern Gateway’. In response, Mr Percival stated that as S106 monies can be used ‘towards public open space enhancement within the vicinity of the site’, local projects in the Meadows could possibly be considered. RESOLVED Page 4 Planning Committee - 20.02.19 (1) to grant planning permission, subject to the indicative conditions substantially in the form of those listed in the draft notice at the end of the report with condition 14 (flood risk) being amended in accordance with the Environment Agency’s revised comments as noted in the Update Sheet and subject to prior completion of a section 106 planning obligation, which includes a financial contribution of: (i) £155,000 towards affordable housing; and (ii) £66,731 towards public open space enhancement within the vicinity of the site in the Southern Gateway; (2) to delegate authority to the Director of Planning and Regeneration to determine the final details of both the terms of the planning obligation and the conditions of the planning permission; (3) that the Committee is satisfied that: (i) Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 has been complied with, in that the planning obligations sought were: (a) necessary to make the development acceptable in planning terms; (b) directly related to the development; (c) fairly and reasonably related in scale and kind to the development; (ii) the Section 106 Obligations sought would not exceed the permissible number of obligations according to Regulation 123(3) of the Community Infrastructure Levy Regulations 2010. 69 WILLIAM OLDS YOUTH CENTRE, 84 CHILTERN WAY Prior to commencement of the meeting, this item was withdrawn (see ‘Update sheet’). Page 5 This page is intentionally left blank Agenda Item 4a WARDS AFFECTED: St Anns Item No: PLANNING COMMITTEE 20th March 2019 REPORT OF DIRECTOR OF PLANNING AND REGENERATION Site Of York House, Mansfield Road 1 SUMMARY Application No: 18/02566/PFUL3 for planning permission Application by: Freeths LLP on behalf of HYDROGEN YORK STREET LIMITED Proposal: Purpose-built student accommodation building with cluster bedrooms, studios and associated amenity areas, over 4 to 10 storeys. The application is brought to Committee because it is a major application, with Section 106 obligations, which raises important local issues. To meet the Council's Performance Targets this application should be determined by 22nd April 2019 2 RECOMMENDATIONS GRANT PLANNING PERMISSION subject to: 2.1 (a) subject to the expiry of the response period for the additional consultation letters that have been issued and no further material planning issues being raised. (b) prior completion of a Section 106 planning obligation to secure: (i) a public open space contribution of £88,970.26 towards improvements to Elm Avenue, Corporation Oaks and Robin Hood Chase open spaces and; (ii) a student management plan, to include restrictions on car use. (c) the indicative conditions substantially in the form of those listed in the draft decision notice at the end of this report. 2.2 Power to determine the final details both of the conditions and the section 106 obligation to be delegated to the Chief Planner. 2.3 That Committee are satisfied that Regulation 122(2) Community Infrastructure Levy Regulations 2010 is complied with, in that the planning obligation sought is (a) necessary to make the development acceptable in planning terms, (b) directly related to the development and (c) fairly and reasonably related in scale and kind to the development. 2.4 That Committee are satisfied that the planning obligation(s) sought that relate to infrastructure would not exceed the permissible number of obligations according to Regulation 123(3) of the Community Infrastructure Levy Regulations 2010. Page 7 3 BACKGROUND 3.1 The application site is a cleared site that is located on the east side of Mansfield Road. Sheridan Court flats with a retail/commercial ground floor is immediately to the north and the Rose of England public house is immediately to the south, forming the corner with Union Road. The Intu Victoria Centre is further to the south and east (car park), with the Victoria Bus Station also to the east and opposite the site across York Street. Mansfield Road terraced shops with residential accommodation on some upper floors are opposite the site to the west. 3.2 The site was formerly developed with a 1960s eight storey office building, which was demolished in 2014. A petrol filling station had also occupied the Mansfield Road forecourt but this had been removed many years previous and the forecourt had been last used for car parking. 3.3 The site is located within the defined city centre (Local Plan). The boundary of the Arboretum Conservation Area is opposite along this section of Mansfield Road, including the terraced properties. The Rose of England public house is a Grade II listed building (Watson Fothergill, 1898). 3.4 The site has been previously included within proposals for the northern extension of the Intu Victoria Centre (11/01859/PFUL3).