WARDS AFFECTED: Bridge Item No: REPORT OF INTERIM DIRECTOR OF CITY PLANNING DEVELOPMENT CONTROL COMMITTEE 22nd September 2010 Land At Corner Of Arkwright Street And Crocus Street, Nottingham 1 SUMMARY Application No: Application by: Proposal: 10/01839/PFUL3 for planning permission Lace Market Properties Southside Ltd Retention of temporary use of land for car parking. The application is brought to Committee because it relates to a site that Committee has previously authorised enforcement action. Committee are being asked to grant temporary planning permission for the use of land for car parking To meet the Council's Performance Targets this application should have been determined by 30th July 2010. 2 RECOMMENDATIONS Grant permission subject to the indicative conditions listed in the draft decision notice at the end of this report. Power to determine the final details of the conditions be delegated to the Head of Planning Transport & Intelligence Strategy in consultation with the City Centre & Urban Design Section Leader. 3 BACKGROUND 3.1 The application site is located at the junction of Arkwright Street and Crocus Street. The site is enclosed by a boundary wall with secure railings above. Access is via a gated entrance off Crocus Street. 3.2 The site was previously used as an open storage area, associated with the former use of the adjacent buildings as a car body shop and repair centre. On 19 April 2007 temporary planning permission was granted for the change of use to a car park and car wash facilities, subject to it being discontinued before 20 April 2008. It was considered that the temporary use should not prejudice the redevelopment of this allocated site for redevelopment within the Southside Regeneration Zone. 3.3 The site is included within the application for outline planning permission for the proposed redevelopment known as Meadows Gateway (08/01176/POUT). Committee resolved to grant outline planning permission for this major mixed-use scheme on 19 November 2008 subject to the completion of a Section 106 planning obligation, which is still in abeyance. 3.4 The car parking use has been continued without planning permission. It was also noted that the site was offering long stay parking to the general public at rates that
would encourage commuter use. This matter was reported to Committee on 19 August 2009 when it was resolved that enforcement action be taken to secure the cessation of the use. 4 DETAILS OF THE PROPOSAL 4.1 The application is for the retention of the temporary use of land for car parking. Although the application details do not include a site layout, the proposed number of spaces provided is indicated to be 40. 5 CONSULTATIONS AND OBSERVATIONS OF OTHER OFFICERS Adjoining occupiers consulted: 2, 3, 3-23(o) Arkwright Street 1 Crocus Street Discount Furniture Manufacturing Ltd., Crocus Street The application has also been advertised by a site notice. Additional consultation letters sent to: Pollution Control: No response. Highways: No objection. Temporary permission has been previously granted for one year in 2007. Car park is relatively small, operates in an acceptable manner and does not impact on highway safety. Whilst it would not be in accordance with Policy T15 it is understood that any recommendation will be for temporary permission for one year. In this period NET Phase Two and potentially Meadows Gateway development may be underway and as such the land will be required for these purposes. If these schemes are not going ahead when temporary permission lapses the development will be capable of being reconsidered. Recommend that any consent be conditional to a period of one year. Nottingham Express Transit: No objection. Applicant should be made aware that significant works are proposed to Meadows Way/Sheriffs Way junction, including closure of Sheriffs Way between Meadows Way and Waterway Street. Order is now in force providing NET with required powers to build, operate and maintain NET Phase Two, including compulsory purchase of land. Construction could begin in late 2011. 6 RELEVANT POLICIES AND GUIDANCE Nottingham Local Plan (November 2005): ST3 - City Centre. Complies ST4 - Integration of Planning and Transport. Complies MU2 - Southside Regeneration Zone. Complies BE1 - Design Context in the Public Realm. Complies T3 - Car, Cycle and Service Parking. Complies
T5 - Car Park Design. Complies T15 - City Centre Car Parking. Non compliance. 7. APPRAISAL OF PROPOSED DEVELOPMENT Main Issues 7.1 Whether the car park would: 1. Undermine the transport policies of the Nottingham Local Plan. 2. Prejudice the further regeneration of the area 1. Transport Policies 7.2 Policy T15 restricts development of new long stay car parks in the City Centre. It states that planning permission will not be granted for new car parks, except where it can be limited by planning conditions or planning obligations to short stay or medium stay use and the traffic generated will not give rise to congestion. Furthermore, in line with Policies ST3, ST4, and PPG13, the general aim of transport policies is to promote the sustainable development of the city centre through encouraging the use of public transport modes and usage. Control over the level of parking in the city centre reflects this policy context and aims to reduce traffic domination, congestion and pollution. 7.3 The use of this site for long stay car parking is contrary to Policy T15 and should not otherwise be considered acceptable. However, it is recognised that temporary planning permission has been granted previously and that the site may be affected in the near future by the development of NET Phase Two, and potentially in future by the Meadows Gateway development. Given its limited size, its secure and tidy condition, and with the parking spaces already being marked out, it is therefore considered that there would be no significant advantage in refusing planning permission for a limited period until a decision on the implementation of NET Phase Two is made clear. It is, therefore, considered that planning permission should be granted for a temporary period of one year. 2. Regeneration 7.4 The site falls within the Southside Regeneration Zone. Whilst it is appreciated that the ability to deliver its redevelopment is subject to challenging economic and market circumstances, it is also important that strategic sustainable objectives are not undermined. It is, therefore, considered that a temporary planning permission of one year will ensure that the regeneration and sustainable development of the city centre is not prejudiced. 8. SUSTAINABILITY / BIODIVERSITY 9 FINANCIAL IMPLICATIONS
10 LEGAL IMPLICATIONS The issues raised in this report are primarily ones of planning judgement. Should legal considerations arise these will be addressed at the meeting. 11 EQUALITY AND DIVERSITY IMPLICATIONS 12 RISK MANAGEMENT ISSUES 13 STRATEGIC PRIORITIES Neighbourhood Nottingham Ensuring the proposal does not prejudice sustainable regeneration. 14 CRIME AND DISORDER ACT IMPLICATIONS 15 VALUE FOR MONEY 16 List of background papers other than published works or those disclosing confidential or exempt information 1. Application No: 10/01839/PFUL3 17 Published documents referred to in compiling this report Nottingham Local Plan (November 2005) Contact Officer: Mr J. Rae, Case Officer, Planning Services. Email: jim.rae@nottinghamcity.gov.uk. Telephone: 0115 8764074
1 5 Tinker's Leen 1 3 2 LB Regina House Posts Ps Posts Post orey Car Park 27.8m 27.1m QUEEN'S ROAD 24.7m Hotel 2 1a 26.4m 3a QUEENS GROVE UEEN'S BRIDGE ewery The Vat & Fiddle QUEEN'S BRIDGE ROAD ROAD (PH) QUEEN'S BRIDGE ROAD 25.9m SHERIFFS WAY Warehouse CROCUS STREET ARKWRIGHT STREET 5b 7 to 11 13 25.2m 15 23 17 CROCUS 27 PH STREET ARKWRIGHT STREET 4 1 5 Crocus Place Warehouse 6 7 Crocus Place Warehouse Tinker's Leen Works Factory Station House Warehouse 43 to 47 Works Victor House WATERWAY STRE 26.9m Subway ARKWRIGHT STREET 16 10 11 14 20 14 15 32 34 36 Title: Land at corner of Arkwright Street & Crocus Street. Key Map produced for: Development Control Committee ± Environment & Regeneration Map produced by: Environment & Scale in Metres Regeneration, Planning Services 0 5 10 20 30 40 This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Nottingham City Council 100019317. 2010. path name H:users/citydevelopment/dc/dccomsiteplan/the committee date and the site address
My Ref: Your Ref: 10/01839/PFUL3 Contact: Email: Mr J. Rae development.management@nottinghamcity.gov.uk Lace Market Properties Southside Ltd 1 Arkwright Street Nottingham NG2 2JR TOWN AND COUNTRY PLANNING ACT 1990 APPLICATION FOR PLANNING PERMISSION Development Management City Planning Loxley House Station Street Nottingham NG2 3NG Tel: 0115 9155426 Fax: 0115 9155222 Minicom: 0115 9155178 www.nottinghamcity.gov.uk Date of decision: Application No: Application by: Location: Proposal: 10/01839/PFUL3 Lace Market Properties Southside Ltd Land At Corner Of Arkwright Street And Crocus Street, Nottingham, Retention of temporary use of land for car parking. Nottingham City Council as Local Planning Authority hereby GRANTS PLANNING PERMISSION for the development described in the above application subject to the following conditions:- Time limit 1. The use hereby permitted shall be discontinued on or before 30 September 2011 unless upon subsequent application the City Council grants a further permission. Reason: The use of the site for long stay car parking is contrary to Policy T15. However, the site may be affected in the near future by the development of NET Phase Two. This temporary consent is issued allowing a period for a decision on the implementation of NET Phase Two to be made clear. Pre-commencement conditions (The conditions in this section require further matters to be submitted to the local planning authority for approval before starting work) There are no conditions in this section. Pre-occupation conditions (The conditions in this section must be complied with before the development is occupied) There are no conditions in this section. Regulatory/ongoing conditions (Conditions relating to the subsequent use of the development and other regulatory matters) There are no conditions in this section. Standard condition- scope of permission DRAFT ONLY 1 Continued Not for issue
S1. Unless otherwise agreed in writing by the Local Planning Authority or modified by the conditions listed above, the development shall be carried out in complete accordance with the details described in the forms, drawings and other documents comprising the application as validated by the council on 4 June 2010. Reason: To determine the scope of this permission. Informatives Where a condition specified in this decision notice requires any further details to be submitted for approval, please note that an application fee will be payable at the time such details are submitted to the City Council. A form is available from the City Council for this purpose. Your attention is drawn to the rights of appeal set out on the attached sheet. DRAFT ONLY 2 Continued Not for issue
RIGHTS OF APPEAL Application No: 10/01839/PFUL3 If the applicant is aggrieved by the decision of the City Council to impose conditions on the grant of permission for the proposed development, then he or she can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. Any appeal must be submitted within six months of the date of this notice. You can obtain an appeal form from the Customer Support Unit, The Planning Inspectorate, Room 3/15 Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Phone: 0117 372 6372. Appeal forms can also be downloaded from the Planning Inspectorate website at http://www.planninginspectorate.gov.uk/pins/index.htm. Alternatively, the Planning Inspectorate have introduced an online appeals service which you can use to make your appeal online. You can find the service through the Appeals area of the Planning Portal - see www.planningportal.gov.uk/pcs. The Inspectorate will publish details of your appeal on the internet (on the Appeals area of the Planning Portal). This may include a copy of the original planning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please ensure that you only provide information, including personal information belonging to you that you are happy will be made available to others in this way. If you supply personal information belonging to a third party please ensure you have their permission to do so. More detailed information about data protection and privacy matters is available on the Planning Portal. The Secretary of State can allow a longer period for giving notice of an appeal, but will not normally be prepared to use this power unless there are special circumstances which excuse the delay. The Secretary of State need not consider an appeal if the City Council could not for legal reasons have granted permission or approved the proposals without the conditions it imposed. In practice, the Secretary of State does not refuse to consider appeals solely because the City Council based its decision on a direction given by him. PURCHASE NOTICES If either the City Council or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor can he render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. This procedure is set out in Part VI of the Town and Country Planning Act 1990. COMPENSATION In certain limited circumstances, a claim may be made against the City Council for compensation where permission is refused or granted subject to conditions by the Secretary of State. The circumstances in which compensation is payable are set out in Section 114 of the Town & Country Planning Act 1990. DRAFT ONLY Not for issue - 3 -