planning applications committee public consultation on

Enquiries to: Nicola Ferguson

Direct Dial: 024 7637 6226

Direct Email: [email protected]

Date: 26th April, 2013

Our Ref: NJF

Dear Sir/Madam, A meeting of the PLANNING APPLICATIONS COMMITTEE will be held in the Council Chamber, Town Hall, Nuneaton on Tuesday, 7th May, 2013 at 5.00 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, D. Harvey,

K.A. Kondakor, A.A. Lloyd, I.K. Lloyd, B.J. Longden, D.C. Navarro, N.J.P. Phillips, G.D. Pomfrett, W.H. Sheppard and K.D. Wilson)

Planning Applications Committee 07.05.13 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 number 031398/EX Land at Park Farm, Smarts Road, Bedworth at 2:45 pm.

Members not having own transport are asked to meet at the Town Hall by no later than 2:25 pm. If Members require a lift from Bedworth Civic Hall they are asked to phone 024 7637 6325 at least 24 hours before to arrange for an officer to pick them up at 2:35 pm. Training for Elected Members Members are reminded that there will be training at 3:45pm on Air Quality in Committee Room A following the site visit. K. Moreton (Head of Development Control) and A. Cannon (Environmental Health Officer) will be carrying out this training.

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.

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 16th April, 2013

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.

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 – the report of the Head of Development Control attached. (Schedule Page 8)

6. APPLICATIONS FOR PLANNING PERMISSION ON WHICH NO MEMBER OF

THE PUBLIC HAS INDICATED A DESIRE TO SPEAK – the report of the Head of Development Control attached. (Schedule Page 8)


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).


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NUNEATON AND BEDWORTH BOROUGH COUNCIL PLANNING APPLICATIONS COMMITTEE 16th April, 2013 A meeting of the Planning Applications Committee was held at the Civic Hall,

Bedworth, on Tuesday, 16th April, 2013.

Present

Councillor W.J. Hancox - Chair Councillors R.G. Copland, J. Foster, K.A. Kondakor, A.A. Lloyd,

B.J. Longden, D. O’Brien, N.J.P. Phillips, G.D. Pomfrett, and K.D. Wilson.

441 Courtesies The Chair thanked Planning Officer, Darren Grant for his work for this

Committee and wished him well in his new post. 442 Minutes

RESOLVED that the minutes of the meeting held on 27th March, 2013 be confirmed.

443 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 J. Foster : in any relevant item by reason of him being a County Councillor.

Councillor A. A. Lloyd : in any relevant item by reason of him

being a Governor at George Eliot Hospital.

Councillor B.J. Longden : in any relevant item by reason of him

being a County Councillor.


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IN PUBLIC SESSION

444 Planning Applications (Note: Names of the members of the public who spoke are recorded in

the Schedule.)

RESOLVED that decisions be made on applications for planning permission as shown in the attached schedule, for the reasons and with the conditions set out in the report and addendum unless stated otherwise.

Chair


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SCHEDULE OF APPLICATIONS FOR PLANNING PERMISSION AND RELATED MATTERS REFERRED TO IN MINUTE 444 OF THE PLANNING APPLICATIONS

COMMITTEE ON 16th APRIL, 2013 031398/EX: Land at Park Farm, Smarts Road, Bedworth Erection of up to 92 houses (Outline to include access) Applicant: William Davis Ltd. DECISION: Deferred for consideration at the next meeting of this Committee scheduled for 7th May, 2013 in view of the existing purdah period. 031816/WH: 101 Shakespeare Drive, Nuneaton Two storey extension to side Applicant: Mr Kevin Moore Speakers: Mr. R. Ford Andrew Taylor - Agent DECISION: Refused with the following additional reasons: (i) the extension would allow vehicles to park closer to the junction

of Shakespeare Drive and Wentworth Drive potentially obstructing visibility splays;

(ii) the hard standing fronting garage should be 5.50 metres in length whereas this would be 3.10 metres. Swept path vehicles accessing/ egressing the extension could therefore require the use of a public highway footpath to carry out manoeuvres; and (iii) there are no proposed measures to prevent drivers from accessing the garage from the junction bell mouth.

031623/AB: Sainsburys Supermarket, Vicarage Street, Nuneaton Biomass boiler plant unit to side elevation Applicant: Sainsbury's Supermarkets Speakers: Mr. Gary Boot Mr. Kim Allen - Agent DECISION: Approved with conditions.


Planning Applications Committee 7th May 2013

Applications for Planning Permission etc. Agenda Item Index

Item No.

Page No.

Planning Applications 1. 031398/EX Land at Park Farm, Smarts Road, Bedworth 9 2. 031974/WB Park House, Riversley Road, Nuneaton 16 3. 031697/HE Land rear of 20 Hospital Lane, Bedworth 19 4. 031996/WH 8 Barne Close, Nuneaton 22 5. 032023/SN Anker Service Station, Weddington Road, Nuneaton 24

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


SITE VISIT

Members will recall that this application was deferred from the 27/3 Committee for a site visit, then deferred from the 16/4 Committee

1.

031398/EX: Land at Park Farm, Smarts Road, Bedworth Erection of up to 92 houses (Outline to include access) Applicant: William Davis Ltd. Reason for site visit: To assess the impact of the proposal on flood risk and highway safety. Consultees notified: Severn Trent Water; WCC Highways; WCC Structure Plan; Natural England; NBBC Parks and Countryside; Warwickshire Wildlife Trust; Environment Agency; NBBC Environmental Health; Central Networks; NBBC Housing; NBBC Planning Policy; Warwickshire Police. Neighbours notified: 39-45 (odd), 62-84 (even), 102-106 (even) Rectory Drive; 1-4 (inc) Didsbury Road; 5-8 (inc) Bentley Road; 5-8 (inc) Jones Road; 5-8 (inc) Daffern Road; 1-12 (inc) Walkers Way, 1-3 (inc) Alice Close; Bedworth Rugby Football Club, Park Farm, Smarts Road; Waterloo Housing Association; 51 Furlong Road, Coventry. Consultation Representations: WCC Highways

1. No objection subject to conditions covering the following: a. Approved plan for access b. Submission of a plan to improve the existing public highway to accommodate

emergency access provision. c. Request £35,000 for the resurfacing of the footpath between Rectory Drive

and Smarts Road. Environment Agency

1. No objection subject to conditions covering: a. Ground and finished floor levels. b. Limiting surface water run off. c. Attenuation of surface water on site. d. Design of surface water drainage system.

Severn Trent Water

1. No objection subject to conditions covering: a. Submission of details for the disposal of foul sewage and surface water.

Natural England

1. Standing advice applies: a. No statutorily protected sites or landscapes are affected. b. Accept findings of the great crested newt survey and mitigation strategy and

consider requesting enhancements for great crested newts for creation of water bodies and suitable terrestrial habitat.


NBBC Planning Policy

1. Site is considered acceptable for housing development. 2. An appropriate approach needs to be taken on the terms of the flood risk affecting the

site. 3. The approach to affordable housing does not accord with Policy H3 or the Affordable

Housing Supplementary Planning Document. NBBC Environmental Health

1. Have some concerns about the potential for noise from the PA system at the Rugby Club and the noise from the cars at the Remote Control Car Club on the Rugby Club site.

2. The contaminated land report concludes that the site should be appropriate for development subject to a site investigation and remedial measures.

3. If approval is recommended add conditions covering: a. Noise attenuation to satisfy the details in the submitted noise report for site

layout, glazing, ventilation and fencing. b. Noise standard to be achieved to meet the good standard as defined in BS

8233:1999. c. 4 standard contaminated land conditions.

NBBC Housing

1. Support the application if 25% affordable housing is provided. 2. Borough has a significant and well documented housing need with 4638 households

registered on the UCHOOSE letting scheme and 1404 of these being in significant housing need.

3. Based on evidence demonstrated through the housing register and footfall through the Housing Options service, we are confident that we need a minimum of 25% affordable homes on sites such as this to tackle the chronic shortage of affordable housing.

4. 25% on this site equated to 23 units. 5. Do not expect 100% affordable housing but wish to see 25% as a mix of affordable

rent and shared equity. 6. A scheme at 25% affordable with 100% of these shared equity would not be

contributing to the housing needs of the Borough where the overriding need is for rented units.

Warwickshire Police

1. No objections. Following recommendations should be adhered to: a. Routes for pedestrians, cyclists and vehicles should not be segregated from

one another. b. Where there are isolated footpaths these should be 3m wide with a 2m verge

on either side. If designed as an emergency access route they should be wide enough and have lockable barriers.

c. Boundary between public and private areas should be defined. Preferable for dwelling frontage to have low wall, fence or hedge.

d. Footpaths should not be placed at the back of properties, but if this is essential access should be gated with a key operated lock and as close to the front of the building line as possible.

e. Parking courts are discouraged. f. Should achieve Secured by Design accreditation.


NBBC Parks and Countryside

1. Overall welcome the landscape proposals. 2. A surfaced path should be provided 1.8m wide and a metal footbridge with K frame

motorcycle restrictor should be provided to cross the river. To avoid further informal rover crossings native planting should be undertaken.

3. Close-boarded fence should be placed in relevant locations to prevent access to the A444 river culvert.

4. In terms of hard landscaping we would require 4 dual purpose bins, 2 entrance signs, 2 water safety signs and 2 metal benches. Need to prevent unauthorised parking and vehicular access onto the open space.

5. Position and species of trees and shrubs will need to be agreed with NBBC. WCC Fire and Rescue

1. Access for emergency vehicles should be provided by way of the preferred method as detailed in “Transport and Roads for Developments: The Warwickshire Guide 2001” by providing an alternative access route that is remote from the primary access.

2. It is noted that a second way of providing access by way of a widened pavement is mentioned in the guidance, if this is to be adopted then considerations should be given to applying this approach to other parts of Smarts Road in addition to the A444 tunnel.

3. The majority of pump appliances used by the service weigh 16 tonnes. There are also 2 appliances stationed in Nuneaton and Leamington Spa that weigh approximately 25 tonnes.

Warwickshire Wildlife Trust

1. No response. Central Networks

1. No response. WCC Structure Plan

1. No response. Neighbour Representations: Objections Letters from 44, 47, 48, 49, 50, 57, 59, 61, 65 Smarts Road; 9, 31 Holyoak Close; 7(2 letters, 38, All Saints Road); Anon (2 letters); Savills (on behalf of adjacent land owner) covering the following points:

1. Increase in traffic. Smarts Road and All Saints Road are not suitable for the extra

traffic. Vehicles speed along the road. Already have to cope with traffic from new developments. Alice Close has been constructed in such a way that view is restricted, Traffic would be busy during construction.

2. Risk of flooding. 3. On street parking at the top of Smarts Road at school times is a problem. 4. On street parking on Smarts Road, cars and low loaders with cars on and on Rugby

match days is a problem. 5. There is flooding under the A444 bridge. 6. Access should be from Rectory Drive, the road is wider and the bridge at the bottom

would be a calming feature.


7. Will ruin the fields and green belt should be protected. 8. Roundabout at the top of Smarts Road will be difficult. 9. What about school placements in the area? 10. Concerned about a through road being opened up to Rectory Drive. 11. Noise for some new properties close to A444 and the Radio Controlled car club would

be intolerable. 12. With Rugby Club lease expiring soon we could be facing another development. 13. Why has a Greenfield site been selected before brownfield sites? There is enough

brownfield land for development. 14. Most people in Smarts Road were unaware that this land and the Rugby Club and

bowling club had been rescheduled as housing land. Previous application by the builder was refused as the land was Green Belt.

15. If approval is granted this should be for less than 92 dwellings to minimise the traffic problems.

16. Have had numerous problems with flooding. The brook east of my property has been culverted.

17. Height of the A444 bridge over Smarts Road is a concern. 18. Additional traffic may use All Saints Road as a route towards Bedworth Town Centre. 19. Additional noise, traffic fumes and litter will alter the area. 20. Newtown Road and Heath Road are already very congested and this will make it

worse. 21. What about shopping areas and surgery provision? 22. Would demands on existing services be acceptable eg water, sewage, drainage, gas,

electricity, phone, postal services and chemist? 23. Would extra bus routes be provided? 24. Fumes from the A444 are already unacceptable. 25. No specific plan has been submitted of the proposed access despite being

considered at this time. Object to any junction which compromises access to the Rugby Club Land.

26. Land owned by client appears to be included in the application site. 27. Has been enough development in this area without adding more. 28. Disappointed that only 5 other sites were looked at in the Flood Risk Assessment

drawn from the SHLAA. 29. If library at top of Smarts Road is developed (possibly a nursery) this will worsen the

situation with on street parking and traffic levels. 30. Bus stops are 400m away from the site and only an hourly service, this does not

encourage the use of public transport. 31. T.A. should have included calculations from additional development at Eliot Gardens.

Petitions (of objection) One petition of objection totalling 85 signatories on the following grounds:

1. Likely to lead to Smarts Road being a link road to Rectory Drive. It will be a busy road and change the character of the area. There are also significant flooding issues.

Comments Letters from 19 Hayes Green Road covering the following points:

1. Please provide access for horses between Smarts Road and Rectory Drive. Have already lost grazing. Need an access out of the estate avoiding main roads.

Relevant Previous History None


Background: This is an outline application for the erection of up to 92 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.

The remaining 4 matters will be dealt with at a later stage and 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.

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.

Notwithstanding the number of objections received, 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 - Allocated sites, H3 - Affordable Housing, H6 - Planning Obligations, Env14 - Supplementary Planning Guidance - Residential Design Guide 2004, Affordable Housing SPD 2008. 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, footpath improvements, Traffic Regulation Order implementation and affordable housing, 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. The Council has worked positively with the applicant and / or their appointed agent in a positive and proactive manner through pre-application discussions, negotiations for amended plans, discussions to overcome technical objections from consultation responses, negotiations for legal obligations, negotiations for affordable housing, keeping the applicant and/or agent informed of the planning application progress.


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 Illustrative Layout EMS.2245_06-1 20/3/12 Illustrative Landscape Masterplan EMS.2245_07 20/3/12 Site Location Plan EMS.2255.100 20/3/12 Proposed Site Access 209713001 E 17/8/12 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. No development shall commence until full details for the disposal of surface water and foul sewage have been submitted to and approved in writing by the Council. No dwelling shall be occupied until the approved details have been implemented on site.

7. No development shall commence until full details showing: a. No raising of ground levels within Flood Zone 3 or within 8m of the top of the bank of

the River Sowe, b. Finished floor levels no lower than 750mm above the 1:100 year flood level (or

600mm above the 1:100 year plus climate change flood level), c. Limit to the rate of surface water run off generated by the site to discharge at no more

than the existing green field rate as detailed in the Flood Risk Assessment, d. Attenuation of surface water on site to the 1 in 100 year flood event standard plus an

allowance of 30% for climate change using SuDS as proposed in the Flood Risk Assessment, have been submitted to and approved in writing by the Council. Only the agreed details shall be implemented prior to occupation of any dwelling and shall be subsequently maintained on site in accordance with the timing / phasing arrangements embodied within the scheme.

8. No development shall commence until full details have been submitted to and approved in writing by the Council to confirm that surface water will not leave the proposed site in the 100 year 30%(for climate change) event. Any excess surface water should be routed away from any proposed or existing properties. If the system surcharges the location of this shall be identified along with any resultant overland flood flow routes. Drainage calculations shall be submitted, including the necessary attenuation volume, pipeline schedules, network information and results summaries. Only the approved details shall be implemented prior to occupation of any dwelling and shall be subsequently maintained on site in accordance with the timing / phasing arrangements embodied within the scheme.

9. No development shall commence until a scheme for noise attenuation has been submitted to and approved in writing by the Council. The scheme shall demonstrate how the recommendations of the Waterman Energy, Environment and Design Ltd Noise report (EED11776.100.R.1.3.1JL dated September 2011) can be achieved for site layout, glazing ventilation and fencing. The noise level achieved in living rooms and bedrooms shall be the good standard as defined in BS8233:1999. No dwelling shall be occupied until the approved details have been implemented on site.


10. No development shall commence until 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. 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 approved strategy shall be implemented in full prior to completion of the development. 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. 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.

12. 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.

13. No development shall commence until a details plan showing the road improvements to the public highway D1725 Smarts Road extending from its junction with the public highway D1726 Alice Close to the eastern side of the A444 bridge structure so as to provide for the realignment of the existing carriageway and footways to accommodate emergency access provision including signing, lining, lighting and all other ancillary works has been submitted to and approved in writing by the Council. No dwelling shall be occupied until the agreed scheme has been implemented in full.

14. No development shall commence until details of a sustainable welcome pack including public transport information have been submitted to and approved in writing by the Council. The approved packs shall be provided to each dwelling prior to its first occupation.


2.

031974/WB : Park House Riversley Road, Nuneaton Change of use to Funeral Parlour including the erection of a single storey front extension, two storey rear extension, erection of disabled access ramps, demolition of single storey front projection and small rear block, reconfiguration of roof on western wing and the removal of silver maple tree Applicant: Heart of England Co-op Consultees Notified: NBBC Environmental Health, NBBC Parks and Countryside, WCC Highways, Severn Trent Water, Neighbours Notified: The Parade, 24a Coton Road, 1, 3 Riversley Road, 112 Dugdale Street Consultation Representations: NBBC Environmental Health 1. No objection subject to conditions covering: a. Noise attenuation for external condenser units. NBBC Parks & Countryside

1. No objection subject to conditions covering: a. Tree replacements required

WCC Highways

1.No objection subject to conditions covering: a. Access provision b. Details of access c. Footway dropped d. Visibility splays.

Severn Trent Water 1. No objection subject to a note. Neighbour Representations: Objections Letters of objection from 1, 3, 5 (4 letters) Riversley Road raising the following points:

1. Lack of parking. 1. Already significant parking issue due to proximity to town centre. 2. Access required to side of 1 Riversley Road. 3. Traffic flows. 4. Removal of the tree. 5. Access for hearse and limousines questionable in terms of manoeuvring.

Relevant Previous History: None Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 - T10 Car Parking Standards, ENV14 Supplementary Planning Guidance/Supplementary Planning Documents – Draft Nuneaton Town Centre Conservation Area Appraisal and Management Proposals 2009 and Nuneaton Town Centre Conservation Area 1996. 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. The Council has worked with the applicant's appointed agent in a positive and proactive manner through pre-application discussions, negotiations for amended plans, discussions to overcome technical objections from consultation responses and keeping the agent informed of the planning application progress, in order to address the planning issues which have arisen during the determination of the planning application and in accordance with the planning principles set out in the National Planning Policy Framework. 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 Existing site plans/floor 01 25th February 2013 Existing elevations 02A 25th February 2013 Proposed ground floor Plan 100D 25th February 2013 Proposed first floor plan 101C 25th February 2013 Proposed elevations 102C 25th February 2013 Proposed block plan 103A 25th February 2013 3. The use hereby approved shall not be open to members of the public other than between the hours of 09:00 and 17:00 Monday to Friday, Saturday 9:00-12:00 and at no times on Sunday, public holidays and bank holidays. 4. The development shall not be carried out other than in accordance with section 7 of the

noise area report dated 13th December 2012. The use hereby approved shall not commence until the noise mitigation work has been carried out in accordance with the agreed details.

5. No development shall commence until details of the clinical waste storage areas and other storage areas have been submitted and approved in writing. The use shall not commence until the storage areas have been created and are available for use in accordance with the approved details. 6. The use hereby approved shall not operate 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 a 'x' distance of 2.4 metres and 'y' distance of 36.0 metres for Riversley Road and 70.0 metres for Coton Road measured 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. 7. 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. The use shall not commence until the areas have been laid out in accordance with the approved details. Such areas shall be permanently retained for the purposes of parking and manoeuvring of vehicles.


8. Following the removal of the silver maple, two replacement trees a Betula utilis

'Jacquemontii' and a Liquidambar styraciflua shall be planted in the new planting areas fronting Coton Road by the end of the first planting season. These should be container grown trees planted at either heavy standard or extra heavy standard stock from a 150 litre container and planting height of 4 metres. If the replacement trees are destroyed, die or is removed within two years of the date of planting, a tree of the same size and species shall be planted at the same place during the next available planting season unless the Council gives written consent to any variation.


3.

031697/HE : Land rear of 20 Hospital Lane, Bedworth One detached bungalow with associated parking (Land off Acorn Close and rear of 20 Hospital Lane) Applicant: Mr Mark Fitzpatrick Consultees Notified: WCC Highways, Severn Trent Water, NBBC Environmental Health, NBBC Housing Strategy Neighbours Notified: 11-22 (inc) 36-45 (inc) Jackwood Green, 1-10 (inc), 44-52 (inc) Larkspur Court, 23-35 (inc) Swallow Court, 1-24 (inc) Boveney Suite, 1-24 (inc) Abingdon Suite, Kingston House, Richmond Lodge, 2-36 (even), 12A Hospital Lane, 1-8 (inc) Acorn Close, 1-11 (odd) & 15-25 (odd), 2-28 (even) Moat Farm Drive, 314-332 (even) Goodyers End Lane Consultation Representations: WCC Highways

1. Objection on the grounds of: a. Vehicles entering/egressing the site should not conflict with drivers

entering/egressing accesses or junctions. The proposed parking is in a tandem formation.

b. Pedestrian visibility splays can not be provided within the application site. Severn Trent Water

1. No objection subject to note covering: a. Public sewer within the site.

NBBC Environmental Health

1. No response.

NBBC Environmental Housing 1. No response.

Neighbour Representations: Objections Letters from 14 Hospital Lane (4 letters), 18 Hospital Lane 20 Hospital Lane and 22 Hospital Lane raising the following points:

1. Will create noise and pollution and any external lighting could shine into neighbouring properties creating problems.

2. What will happen to other vacant land adjacent if this is approved, will an application be made to develop it also?

3. Bede village is not just a nursing home, it is also a retirement village for the over 50s the majority of whom have their own vehicles.

4. HGVs use Hospital, Lane as a short cut to Smorrall Lane and Goodyers End Lane. 5. Not all driveways on Hospital Lane can accommodate 3 cars. 6. Cars regularly travel along Hospital Lane at speeds in access of 45mph so the

proposed access would create an accident black spot. The entrance to Bede Village is busy and regularly obstructed as residents, staff and visitors attempt to park as close as possible to the complex. This can often lead to difficulties for large vehicles.

7. This is the latest in a string of applications on the site. It seems this one is attempting to overturn the Inspectorates view. As soon as one is rejected another is submitted.


8. This planning application is almost the same as the previous one however the

changes tend to exacerbate the problems that were the reasons for The Inspectorates refusal.

9. The use of tandem parking creates more road safety issues than the previous application.

10. Nos 20 & 22 Hospital Lane will still suffer noise, disturbance and exhaust fumes because of cars starting in a confined space between the houses.

11. Current application raises issues regarding WCC Highways now objecting when they did not previously. However they are just taking into account the Inspectors findings,

12. Proposal is still backland development. 13. No similar example of were the property does not have direct frontage to Hospital

Lane and is served by a very long access way. If built signage would be required to direct people to it.

14. The problem of altering the slope of the pavement should be taken into account as elderly occupants of Bede Village use it to get to the bus stop.

15. The site once consisted of beautiful gardens which were just levelled by a JCB with the waste being left in piles on the site. Despite this being done the fact that the site was previously gardens cannot be ignored and it should be regarded as a green field site.

16. Application is for only part of the site with no plan for the rest. If more rubbish is piled on it the argument could be put forward that it wasteland when it is not and should be developed.

17. A bungalow will be out of keeping with the houses in the area and could result in the requirement for a very tall television area which would protrude like a periscope.

18. Additional dwelling could result in the need for more telegraph poles in the area. 19. Most existing drives in Hospital Lane were designed over 80 years ago. It is not

reasonable to apply those standards for new development today. 20. Tandem parking would make access for emergency vehicles and delivery vehicles. 21. Hospital Lane is not always lightly parked as the traffic study suggests. 22. Traffic study states that there were no accidents listed on this part of Hospital Lane.

No mention is made of the fatal accident a little further up a few years ago. 23. An additional dwelling would increase the already heavy density of housing on this

part of Hospital Lane. 24. If application is approved how will construction vehicles access the site, this will lead

to further congestion problems and could result in bus timings being delayed. 25. Area is poorly drained and the application site is regularly waterlogged.

Relevant Previous History: 030882: Erection of detached bungalow with associated access and car parking. Refused 17/8/2011 and dismissed on appeal 24/01/2012. 030554: Erection of 6 bungalows with access road and parking. Refused 12/01/2011 012751: Erection of 6 bungalows with access road. Approved 27/10/2009. 012444: Erection of 6 bungalows with access road. Refused 15/07/2008. 9549: Erection of detached bungalow. Approved 10/03/2005 TP/0192/03: Erection of detached bungalow. Deemed Refused 16/03/2004. TP/0708/01: Erection of detached bungalow to rear. Refused 06/02/2002 and dismissed on appeal 20/01/2003.


Relevant Policies: Nuneaton & Bedworth Borough Local Plan June 2006 H6 - Planning Obligations, Env14 - Supplementary Planning Guidance - Residential Design Guide 2004, The Warwickshire Guide 2001. National Planning Policy Framework March 2012. Recommendation: Refusal The Council has worked with the applicant’s appointed agent in a positive and proactive manner in order to address the planning issues which have arisen during the determination of the planning application. The applicant’s appointed agent was kept informed of progress with the application but it was felt that no amendments could be submitted to overcome the objections to the development to make it acceptable. 1. (i) Policy ENV14 of the Nuneaton & Bedworth Borough Local Plan 2006 states: The design and materials of all development should be of a high standard in keeping with the scale and character of the locality. All development should comply with Supplementary Planning Guidance and/or Supplementary Planning Documents produced by the Borough and County Council, where detailed guidance is considered necessary. (ii) Paragraph 32 of the National Planning Policy Framework 2012 states:- All developments that generate significant amounts of movement should be supported by a Transport Statement or Assessment. Plans and decisions should take account of whether: i. the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; ii. safe and suitable access to the site can be achieved for all people; iii. improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. a) The proposal is contrary to these paragraphs in that it is not been adequately proven that the proposed access and car parking can be adequately and safely provided on the site without having a detrimental impact on pedestrian safety, highway safety and traffic flows on Hospital Lane (contrary to paragraph 5.16 of Transport and Roads for Developments: The Warwickshire Guide 2001).


4.

031996/WH : 8 Barne Close, Nuneaton Two storey extension to front and rear Applicant: Mr Jasbeir Suman Consultees Notified: WCC Highways. Neighbours Notified: 6, 9, 10, 11, 14, 15 Barne Close Consultation Representations: WCC Highways

1 No objection subject to condition covering: a. Public highway footway extended

Neighbour Representations: Objections Letters of objection received from 5, 6, 10, 11, 15, Barne Close raising the following points:

1) Barne Close is designed to minimise over shadowing 2) The proposal is 53% bigger than existing house 3) The proposal would impact on light to neighbours 4) It is overbearing and overshadowing 5) Front extension is out of character with area 6) Is an example of over-development of the site 7) Would impact on existing medical condition 8) Would create noise disturbance 9) Bedroom window would overlook garden 10) Would increase water run-off 11) Could increase number of cars 12) Would add to the existing building line 13) Construction would cause huge disturbance 14) Could impact upon highway safety 15) Could impact on sewerage 16) Should use the loft space instead of extending to the front and rear

Relevant Previous History: None. 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 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.


The Council has worked with the applicant and / or their appointed agent in a positive and proactive manner through negotiations for amended plans in order to address the planning issues which have arisen during the determination of the planning application and in accordance with the planning principles set out in the National Planning Policy Framework. 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 Existing Plan View 1 9th April 2013 Proposed Plan View 2 9th April 2013 Existing Elevations 3 9th April 2013 Proposed Front and Rear Ele. 4 9th April 2013 Proposed Side Elevation 5 9th April 2013 3. No external materials shall be used in the extensions other than of the same type, texture and colour as those used in the existing building, unless otherwise agreed in writing by the Council.


5.

032023/SN: Anker Service Station Weddington Road, Nuneaton Extensions and change of use of car wash building to hot food takeaway on ground floor with offices over Applicant: Mr Shaan Chaudry Consultees Notified: WCC Highways, Severn Trent Water, NBBC Environmental Health Neighbours Notified: 13-45(odd), 51, 26-32(even), 38-42(even) Old Hinckley Road; AR Cartwright, Vicarage Street; Weddington Residents Association; Carpetworld, Russell Francis Interiors, Midland Golf Superstore, Match Kit Fit Weddington Road; Weddington House, Rio Hair Studio 31A, Stone & Heating Centre 33, Coventry Plumbing & Heating Supplies, Aligemker Books Weddington Terrace. Consultation Representations: Severn Trent Water

1. No objection subject to the following condition a. Drainage

WCC Highways – No response NBBC Environmental Health - No response Neighbour Representations: Objections Letter from 42 Old Hinckley Road raising the following points:

1. Premises are only open 7am until 11pm. 2. Onus must fall on the garage owner regarding litter, odour and noise 3. Highways issues in terms of access and egress. 4. Extra air pollution.

Relevant Previous History: 31847 - Vary condition 8 of planning approval 030611 to allow the sandwich bar to operate independently of Anker Service Station – Approved 17/01/2013 030611 - Extensions and change of use of car wash building to sandwich bar on ground floor with offices over(Offices to be directly associated with existing uses on site - ancillary to garage). Refused 08/06/2011 (allowed at appeal) 029387 - Extension and change of use car wash building to sandwich bar on ground floor with offices over – Refused 14/07/09 (dismissed at appeal). Background: The application is being reported to the Planning Applications Committee at the request of Councillor Keith Kondakor. Relevant policies: Nuneaton & Bedworth Borough Local Plan June 2006 – S7-A3 to A5 Uses, ENV14 Supplementary Planning Guidance/Supplementary Planning Documents - Car Parking Standards 2003 - 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. The Council has worked positively with the applicant and / or their appointed agent in a positive and proactive manner through pre-application discussions keeping the applicant and/or agent informed of the planning application progress. During the course of the application it was felt that no amendments were required to the application and the decision notice was issued in a timely manner. Conditions: 2. The development hereby permitted shall be carried out in accordance with the following approved plans: 3432-1c and sheets 1, 2, 3 and 4 stamp dated 13th March 2013. 3. No development shall take place until samples of the materials to be used in the

construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Council. Development shall be carried out in accordance with the approved details.

4. 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. 5. No development shall commerce until full details of the surfacing, levels and drainage the car parking, driveway, manoeuvring and service areas (including refuse areas) shown on the approved plan have been submitted to and approved in writing by the Council. The use shall not commence until the areas have been laid out in accordance with the approved details and such areas shall be permanently retained for the purpose of the parking and manoeuvring of vehicles. 6. The development hereby permitted shall not be brought into use until the parking bays have been marked out as shown on plan no 3432-1c. 7. No development shall commence until full details of the drainage of 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 use shall be occupied until the required drainage has been provided in accordance with the approved details. 8. The offices in the development hereby approved shall only be used as ancillary to the use of the site known as Anker Service Station. 9. Notwithstanding the submitted plans, no development shall commence until full details of the fume extraction system have been submitted to and approved in writing by the Council. 10. No development shall commence until full details of the ventilation and filtration equipment to suppress and disperse fumes and/or smell created from the operations on the premises have first been submitted to and approved in writing by the Council. The approved details and equipment shall then be installed in full working order prior to the commencement of the use. The approved details and equipment shall then be effectively operated and maintained in accordance with the manufacturers' instructions.


11. No development shall commence until full details of all plant, machinery and equipment (including refrigeration and air conditioning system) have first been submitted to and approved in writing by the Council. Only the agreed details shall be implemented on site and these shall be maintained and operated in accordance with the manufacturers instructions. 12. The uses hereby permitted shall not be operated outside of the hours of 07:00 to 23:00 on any day. 13. No deliveries / servicing to the retail use hereby approved shall be carried outside the hours 07:00 to 18:00 Monday to Saturday or 08:00 to 16:00 on Sundays. 14. No external light or lighting column shall be installed on the site other than in accordance with details which have first been submitted to and approved in writing by the Council. 15. No development shall commence until full details of the provision of refuse bins, including their location, have first been submitted to and approved in writing by the Council. The use shall not commence until refuse bins have been installed in accordance with the approved details and maintained as such in perpetuity.


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

offices; travel agencies; ticket agencies; premises where cold food is to be consumed off the premises; hair dressers; funeral directors; shops; domestic hire shops; dry cleaners; and internet cafes (where the primary purpose is to provide access to the internet

Only to a mixed use comprised of A1 and a single flat above (likewise a mixed A1 use and flat above can change to A1 alone)

A2 Financial & Professional Services

To visiting members of the public; financial services; professional services (but excluding health and medical services) and other services that it is appropriate to provide in a shopping area. Examples are banks and building societies, estate agents, solicitors and employment centres, betting offices

To A1 (where there is a ground floor display window). (Class A2 with a single flat above may 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 and cafes

A1 or A2

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 of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit 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

B8 (where area no greater than 235 sq m)

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)


Class Category Description Permitted Change C1 Hotels Use as a hotel or as a boarding or guest house, where no significant element of care

is provided

No permitted changes

C2 Residential Institutions Use for the provision of residential accommodation and care to people in need of care 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 Institutions

Use for the provision of secure residential accommodation including use as a prison, 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; 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)

Permitted change to C4

C4 Houses in Multiple Occupation

Use of a dwelling house by not more than 6 residents as a “house in multiple 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)

Permitted change to C3

D1 Non Residential Institutions

Non-residential use for the provision of medical or health services (except premises 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 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: 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

