Agenda and minutes

Councillor R V Blaney on behalf of the Planning Committee Members declared Non-Registerable Interests regarding Application No. 22/01328/FUL, 94 North Gate, Newark On Trent, and Application No. 22/01591/FUL, 77C Eton Avenue, Newark On Trent, as the Council was the applicant for both applications.  Application No. 22/01876/FUL, 1-3 Lombard Street, Newark On Trent, as the Council had a lease interest in the site.

Councillors L Dales, I Walker and K Walker declared Non-Registerable Interests as appointed representatives on the Trent Valley Internal Drainage Board.

The Chairman advised that the proceedings were being audio recorded and live streamed by the Council.

AGREED      that the Minutes of the meeting held on 6 October 2022 were approved as a correct record and signed by the Chairman.

The application was deferred and would be considered at a future Planning Committee.

The Committee considered the report of the Business Manager – Planning Development, which sought the erection of a new packing building.

Members considered the presentation from the Senior Planning Officer, which included photographs and plans of the proposed development.

Members considered the application acceptable.

AGREED      (unanimously) that planning permission be approved, subject to the conditions contained within the report, following the expiry of the consultation period and subject to any additional consultation responses not raising new material planning consideration.     

The Committee considered the report of the Business Manager – Planning Development, which sought the conversion to five flats.  The remodelling of outbuildings and new secured bin storage, communal garden area and seven parking spaces.

Members considered the presentation from the Business Manager – Planning Development, which included photographs and plans of the proposed development.

A schedule of communication was tabled at the meeting, which detailed correspondence received from the Planning Case Officer.  An additional informative note was also proposed to the applicant to advise them of the change to the CA boundary:

The Applicant is advised that following the publication of the accompanying Committee Report to this decision, the Newark Conservation Area boundary has been amended to include the application site. Given the site falls within the Conservation Area there are limitations that are now applicable. For example, trees in Conservation Areas are afforded special protection by legislation.  Should you wish to lop, top or fell any tree on this site, you may require the prior consent in writing of Newark and Sherwood District Council and are advised to contact the Planning Department of the Council on 01636 650000 to discuss the matter.

The Business Manager – Planning Development noted the wording in the Schedule of Communication, paragraph three which as presented to Members read ‘This would be contrary to the provisions of s.72 of the Listed Building and Conservation Areas Act’. This was required to be amended to ‘This needs to be considered in the context of the general duty of s72 of the Listed Building and Conservation Areas Act 1990 which requires special attention to be given to the desirability of preserving or enhancing the character or appearance of the conservation area’ rather than as being contrary to this section of the Act.

Members considered the application acceptable.

AGREED      (unanimously) that planning permission be approved, subject to the conditions contained within the report and the informative as detailed above and in the Schedule of Communication.

The application was withdrawn from the agenda.

The Committee considered the report of the Business Manager – Planning Development, which sought the development of five bungalows and associated external works including the installation of new dropped kerbs.  A site visit had taken place by the Planning Committee.

Members considered the presentation from the Business Manager – Planning Development, which included photographs and plans of the proposed development.

A schedule of communication was tabled at the meeting, which detailed correspondence received from the Planning Case Officer, which informed the committee of an error on the officer report at paragraph 9.0, remove the reference to Core Policy 12 and replaced by Core Policy 10 (Climate Change) of the Amended Core Strategy.

Members considered the application acceptable.

AGREED      (unanimously) that planning permission be approved, subject to the conditions contained within the report. 

The Committee considered the report of the Business Manager – Planning Development, which sought the demolition of a single storey element on the southern elevation of the dwelling.  Extension and replacement roof of a single storey element on the western elevation of the dwelling.

Members considered the presentation from the Senior Planning Officer, which included photographs and plans of the proposed development.

Members considered the application and some Members considered the proposed alterations as modest change which would not have any impact on the buildings surroundings.  The Business Manager -Planning Development advised that if the Planning Committee were minded to approve the application they would need to demonstrate the very special circumstances for approval.

AGREED      (with 10 votes For and 2 votes Against) that planning permission be refused for the reason set out within the report.      

The Committee considered the report of the Business Manager – Planning Development, which sought the installation of an externally mounted roaster flue.

Members considered the presentation from the Senior Planning Officer, which included photographs and plans of the proposed development.

A schedule of communication was tabled at the meeting, which detailed correspondence received from Newark Town Council, stating that no objection was raised to the application.

Members considered the application acceptable.

AGREED      (unanimously) that planning permission be approved, subject to the conditions set out within the report.       

The Business Manager - Planning Development provided an update on the review of the adopted Planning Application Validation Checklist prior to the undertaking of the consultation process.

Members were informed that legislation set out that a local list was required to be published on a Council’s website and reviewed every two years.  The report therefore sought to start the process of the review to ensure it was up-to-date and could be relied upon for the submission of relevant information. 

The checklist, attached at Appendix 1, to the report was the same as the current one, although had been updated to provide further clarification where necessary and also provided some information for additional requirements that would come into effect before the checklist was reviewed once again, relating to biodiversity net gain. 

It was proposed the amended checklist was consulted upon for a minimum of eight weeks with Members, Parish and Town Councils and statutory consultees.  Details would be provided on the Council’s website enabling developers and interested stakeholders to respond as well as applicants and their agents, residents through planning application receipt and notification letters.

AGREED             (unanimously) that:

(a)           the contents of the accompanying validation checklist be noted;              and

(b)          the draft updated Planning Application Validation Checklist (as     set out at Appendix A of the report) be approved for an eight        week public consultation with statutory consultees, District        Councillors and Town/Parish Councils, applicants/developers       and neighbours.

The Business Manager - Planning Development sought Member approval to go through the process of consultation on the proposed Local Development Orders and for Members to be aware of the benefits of the proposed Local Development Orders (LDOs). 

It was proposed that Newark & Sherwood District Council create two LDOs to allow filming projects that comply with the conditions of the LDO to proceed at Newark Castle and the Palace Theatre & Newark Civil War Centre.

The Committee were informed that Local Development Orders (LDOs) were a tool that planning authorities could use, under Section 61A of the Town and Country Planning Act 1990, to grant planning permission for a type of development within a defined area as long as certain conditions were met. A LDO was a ‘local’ version of the General Permitted Development Order.  To adopt a Local Development Order, the drafted Order must be subject to a period of consultation, consideration of responses and could include conditions such as a schedule for reviewing the LDO.

The benefit of proceeding with the LDO would be potentially unlocking a new source of revenue for the Heritage & Culture team; fees for filming at the sites could be re-invested to safeguard and enhance the District’s heritage offer. Increased possibility of filming at these sites would also allow the indirect promotion of the town and District through the products of filming. Although some resources in terms of officer time would be invested in creating and then reviewing the LDOs, ultimately less officer time would be spent in dealing with filming enquiries due to the planning elements of permission having already been considered. It was considered that the increased efficiency the LDO would allow regarding filming enquiries and projects would enhance the Council’s professional reputation.

Members queried whether there were other heritage sites that could benefit from the LDO.  The Business Manager – Planning Development confirmed that to her knowledge there were possibly other sites.  The two outlined in the report were Council buildings.  The Chairman questioned whether part of the consultation could invite the owners of other heritage sites to be included in the LDOs.  The Business Manager – Planning Development informed the Committee that the Authority received application fees for when proposals were submitted for planning permission, if permission was granted via a LDO the Council would not receive application income which would need to be considered.

AGREED             (unanimously) that the Planning Committee:

(a)           grant authority to the Business Manager - Planning     Development to refine the draft LDOs, in consultation with Council and partner colleagues, ahead of public and statutory       consultation stages;

(b)          consider the draft LDOs and note any observations or      recommendations for amendments; and

(c)           the final LDOs will be presented to Planning Committee for       approval following the above.

AGREED           that the report be noted.

AGREED           that the report be noted.

The Committee considered a report presented by the Business Manager- Planning Development which related to the performance of the Planning Development Business Unit over the three month period July to September 2022 as well as providing an overview of the performance and achievements across the financial year.  In order for the latest quarter’s performance to be understood in context, in some areas data going back to July 2020 was provided.  The performance of the Planning Enforcement team was provided as a separate report.

AGREED    that the report be noted.

The Committee considered the report presented by the Business Manager -  Planning Development which provided an update on Enforcement Action for the second quarter of the current financial year 2022/23.  The report included cases where formal action had been taken and case studies which showed how the breaches of planning control had been resolved through negotiation and Notices that had been complied with.

AGREED             that the report be noted.