Jeff Brown BA Dio TP MRTPI Head of Development Control Service TheCouncil House NorthWarwickshire SouthStreet BoroughCouncil Atherstone WarwicKshire CVg1DE Telephone: (0182n715341 Jeff Scoffham Fax: (0182n 719225 HaskerArchitects Ltd E Mail: [email protected] Website: www.northwarks.gov,uk Date: 20 September2011 TheTown & CountryPlanning Acts TheTown and Country Planning (Llsted Euildinga and ConseryationAreas) Act 1990 TheTown & CountryPlanning (General Development) Orders The Town and CountryPlanning (Control of Advertisements)Regulation6 1992 (aB amended) DECISIONNOTICE FullPlanning Application ApplicationRef: PAP/2010/0602 Site Address GridRef: Easting420126.57 LeaMarston Hotel and Leisure Complex Ltd, Haunch Lane, Lea Northing294234,23 Marston.876 oBY Groundfloor 14 bedroomsextension (incorporating the rescindingof the 14 bedroomfirst floor extant permissionret (PAP l2OO7 lOO29\ Applicant RSMLeisure Ltd Yourplanning application was valid on 25 November2010. lt hasnow been considered by the Council. I can informyou that: Planningpermission is GRANTEDsubject to thefollowing conditions: 1. Thedevelopment to whichthis permission relates must be begunnot later than the expirationof threeyears from the date of thispermission. REASON To complywith Section91 of the Townand CountryPlanning Act 1990,as amendedby Section51 of the Planningand CompulsoryPurchase Act 2004,and to preventan accumulationof unimplementedplanning permissions. 2. The developmenthereby approved shall not be caniedout otherwisethan in accordance with the plansnumbered 411710018.,002, 0038, 004A, 005, 0074 and 009 receivedby the Local PlanningAuthority on 25 November2010. REASON To ensurethat the development is canied out strictly in accordancewith the approved plans. Authorisedfficer: of3 PAP/2010/0602 3. Nodevelopment shall commence on siteuntil such time as detailsof allfacing materials to be usedhave first been submitted to andapproved in writingby theLocal Planning Authorig. Only theapproved materials shall then be usedon site. REASON In theinterests of thevisual amenities of thearea. 4. Beforethe hotelexension hereby approved is occupied,a TravelPlan Co-ordinator shall be appointedby the applicant who shall have the responsibilitiesas listed in theFramework Travel Planreceived on 16January 2007. This plan shall then be implementedin fullwith particular regardto theprovision of annualmonitonng reports as providedfor bySection 9 of the Plan. REASON In orderto reducetraffic generated by the hotel. INFORMATIVES 1. TheDevelopment Plan policies which are relevant to thisDecision are as follows: NorthWarwickshire Local Plan 2006 (Saved Policies): CorePolicy 2 (DevelopmentDistribution), ENV2 (Green Belt), ENV4 (Trees and Hedgerows), ENV10(Energy Generation and Conservation), ENVI 1 (NeighbourAmenities), ENV13 (Buildings Design)ECON10 (Tourism), ECON11 (Hotels and Guest Houses) and TPT6 (Vehicle Parking). REASONEDJUSTIFICATION Thisproposal is for inappropriatedevelopment in theGreen Belt. Howeverthe applicant has put forwarda numberof planningconsiderations which he considersare material.lt is consideredthat theseare of sufficientweight to amountto the very specialcircumstances necessary to overridethe presumptionof refusalfor thatinappropdate development. These considerations are the extant 2007planning permission; the fact that an extensionto the hotelof thissize has been accepted in principle,the scale and volume of theproposal is slightlyless than the 2007 consent, the cunent proposalhas less impact on theopenness of theGreen Beit than the 2007 consent, and hat there areno othermaterial adverse impacts. The applicant additionally has agreed to theRevocation of the2007 planning permission. In essencethis cunent proposal is seenas beinga "betted'proposal thanthe 2007 extant permission, and is thus worthy of "exchange"with that extant permission. APPEALSTO THESECRETARY OF STATE 1. lf you are aggrievedby the decisionof the LocalPlanning Authority to grantpermission subject to conditions,you can appeal to the Departmentfor Communitiesand Local Government under Section78 of theTown and Country Planning Act 1990. 2. lf youwant to appealagainst your local planning authority's decision, then you must do sowithin 6 monthsof the dateof this notice. Appealsmust be madeusing a formwhich you c€n get from the Planning Inspectorate at Temple QuayHouse, 2 TheSquare, Temple Quay, Bristol, BS1 6PN, or onlineat www.planning- inspectorate.gov.uk and www.planninoportal.oov. uUpcs. 4. TheSecretary of Statecan allow a longerperiod for givingnotice of an appeal,but he will not normallybe preparedto usethis power unless there are special circumstances which excuse the delayin givingnotice of AuthorisedOfficer: Page2 of 3 PAP/2010/0602 5. The Secretaryof Stateneed not consideran appealif it seemsto him that the LocalPlanning Authoritycould not have granted planning permission for the proposed development or couldnot havegranted it withoutthe conditionsthey imposed,having regard to the statutoryrequirements, to theprovisions of anydevelopment order and to anydirections given under a developmentorder. 6. TheSecretary of Statedoes not refuse to considerappeals solely because the Local Planning Auhoritybased their decision on a directiongiven by him. PURCHASENOTICES 1. lf eitherthe Local Planning Authority or theDepartment for Communities and LocalGovemment grantspermission to developland subject to conditions,the owner may clarm that he/she can neitherput the land to a reasonablybeneficial use in itsexisting state nor render the land capable of a reasonablybeneficial use by thecarrying out of anydevelopment which has been or wouldbe permitted. 2. ln thesecircumstances, the ownermay servea purchasenotice on the Councilin whosearea lhe landis situated.This notice will require the Council to ourchasehivher interest in theland in accordancewith the provisionsof PartVl of the Townand CountryPlanning Act 1990. NOTES 1. Thisdecision is for thepurposes of theTown and Country Planning Act only, lt is nota decision underBuilding Regulations or anyother statutory provision. Separate applications may be reouired. 2. A reporthas been prepared that details more fully the matters that have been taken into account whenreaching this decision. You can view a copyon theCouncil's web site via the Planning 'Decision ApplicationSearch pages http:/iplanning. northwarks.gov. uUportal. lt willbe describedas Noticeand Application File'. Altematively, you can view it bycalling into the Council's Reception duringnormal opening hours (up to datedetails of theCouncil's opening hours can be found on our web site htto://www.northwarks.qov.uUsite/scnots/contact.oho). 3. Plansand informationaccompanying this decisionnotice can be viewedonline at ourwebsite http://www.northwarks.qov.uldplannino.Please refer to the conditionson this decisionnotice for detailsof thoseplans and information approved. AuthorisedOfficer: Date: Page3 of 3 .*;;;---\ Brown,Jeff From: Maxey,Steve Sent: 20 September2011 08:41 To: Brown,Jeff Subject:FW: Lea Marston Hotet BEDRooM wNG EXTENSIoNTENNts couRT strE JoB 411z I hadthe signed Agreement in lastweek and this hes now comDlereo. SteveMaxey AssistantChief Executive and Solicitorto the Council NorthWarwickshire Borough Council Tel- 01827719438 Mob- 07814494211 www.northwarks. gov. uk From: Maxey,Steve Sent: 27 July2011 t4:44 To: 'MarkBlake' cts.co.uk;Brown, Jeff subjectr RE:Lea Marston Hotel BEDRooM VVING EfiENsIoN TENNIScouRT SITEJoB 4117 Mark Thanks- andthis is in thepost this evening. Regards SteveMaxey AssistantChief Executive and Solicitorto the Council NorthWarwickshire Borough Council Tel - 01827719438 Mob- 07814494211 www.northwarks. gov. uk Frcm: MarkBlak Sent: 25July 2011 15:07 To: Maxey.Steve o.uk subject: RE:Lea Marston Hotet BEDRooM VVING DfiENsIoN TENNIScouRT SITEJoB 4117 Hi Steve, Yes stillheppy; please send to Lea MarstonHotel direct. KindRegards MarkBlake From: Maxey,Steve [mailto:[email protected]] 20/09/2011 Page3 of 3 Pleasefind attached a draftagreement. My apologiesfor the delaybut I havehad some difficulty in establishingthe titleto the landgiven that someof thisland appears to be unregisteredHowever whilst I continuewith those inquiries please let me have your commentson the draft.Clearly if any otherinterests show up on the title(such as mortgagees)then they will needto be added.lf yourclienfs have a copyof the titlethey could foMard to me thenthis would be useful. Regards SteveMaxey AssistantChief Executive and Solicitorto the Council Tel:01827 719438 Mob:0781449211 www.northwarks.oov. uk This e-mail, and any attachments,may containPROTECTED and,/or sensitive information and is intendedsolely for theindividual to whom it is addressedand should be handledaccordingly. If this e-mailhas been misdirected, please noti! the authorimmediately. If you arenot the intended recipientyou mustnot disclose,distribute, copy, print or rely on anyof theinformation contained in it or attached,and all copiesmust be deleted immediately. 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