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Planning Committee - Wednesday, 4th December, 2024 10.00 am

December 4, 2024 View on council website
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Summary

This meeting was about making decisions on planning applications. One application was to be discussed for a second time, after being deferred at a previous meeting, while another, originally recommended for approval, was to be discussed again after changes were made to address concerns raised by the Highway Authority.

Application V/2022/0246: Land Adjacent to Junction 27 of the M1, Mansfield Road, Annesley

This application concerns a hybrid planning application for a large industrial development on Green Belt land. A 'hybrid application' means that part of the application is for outline planning permission and part of it is for full planning permission. Outline planning permission is a way of getting permission for the idea of a development before submitting detailed plans. The applicant, Garner Holdings, in this case is requesting full planning permission for a B2/B8 Unit with Associated Access, Parking, Drainage Infrastructure and Landscaping and outline planning permission for up to 4no. B2/B8 Units (With Point of Access and Scale Included). B2 and B8 are planning use classes, under the Town and Country Planning (Use Classes) Order 1987 (as amended).1 The application was previously discussed at the meeting on 23 October 2024, but was deferred after Nottinghamshire County Council, as the Highway Authority, requested that it be deferred because there were various highway matters still unresolved. Planning Officers supported the deferral request, but the applicant wanted the application to be decided at the meeting. After hearing evidence at the meeting, the committee resolved that they were minded to grant approval subject to the provision of a satisfactory mitigation strategy for the matters relating to transportation. The County Highway Authority subsequently confirmed that they had no objections to the proposal, subject to conditions and an agreement for the payment of contributions by the developer. The application was recommended for approval subject to the agreement of a financial contribution to be paid by the developer towards a Transport Hub, Improvement to pedestrian and cycling facilities on the A608, a travel plan monitoring fee, and the Council's cost of monitoring the agreement. Because the development is proposed for Green Belt land, the application was also to be referred to the Secretary of State for Levelling Up, Housing and Communities. It was noted that part of the site was within land safeguarded for the construction of HS2 Phase 2b, but that, despite the cancellation of HS2 Phase 2, the safeguarding direction was still in place.

Application V/2024/0377: 8 Church Street, Kirkby in Ashfield

This application was for the change of use of the ground floor of 8 Church Street From Shop (Use Class E) to Hot Food Takeaway, the Installation of Flue to Rear and Associated Internal Works. The application was referred to the committee by Councillor Jason Zadrozny to discuss concerns about highways and the impact on the conservation area. The site is in the Kirkby Cross Conservation Area and is close to several listed buildings. It was reported that the application site had been vacant for approximately 30 years.

The application had been discussed at the committee meeting on 23 October 2024, when the committee had resolved to defer it to allow for further information to be submitted. Members had wanted further information about:

  • the mitigation of odors from the flue
  • the flue's appearance
  • parking and deliveries to the site They had also been concerned that because the current use class of the premises is Use Class E, the property could be used for other purposes falling within that class without the need for planning permission. Use Class E is a planning use class introduced in 2020, covering a range of commercial, business and service uses. These include shops, financial and professional services, restaurants and cafes, offices, medical or health services, nurseries, gyms, and indoor recreation. A letter had been sent to local residents to explain this, to which 7 responses had been received. Further information had been submitted by the applicant on 18 November 2024. This included correspondence about a proposed Traffic Regulation Order, details of a proposed odor control system, and revised elevations showing a proposed method of encasing the flue. Despite these changes, concerns remained about the flue's appearance, highway safety, and the mitigation of odors from the flue. Ashfield Council's Environmental Health Team had confirmed that they could not confirm that the proposed odor control system would be sufficient. The application was recommended for refusal.

Application V/2024/0400: The Old Post Office, 64 Alfreton Road, Selston

This application was for retrospective consent for various alterations that had been made to a hot food takeaway without planning permission. These included a new shop front, external stairs, and two extractor fans. The application was referred to the committee by Councillor Jason Zadrozny and Councillor Arnie Hankin.

The application had also been discussed at the meeting on 23 October 2024, when the committee had resolved to defer it to allow for further information to be submitted. Members had wanted further information about:

  • the mitigation of odors from the flue
  • the business' opening hours Amended plans were submitted showing the flue to be higher than the ridge of the roof. It was confirmed that there was to be no change to the takeaway's opening hours, which had been agreed under application V/2020/0828. However, despite these changes, Ashfield Council's Environmental Health Team still had concerns about the proposal, confirming that the information submitted about the proposed odor mitigation system does not appear to follow the requirements of the guidance 'Control of Odour and Noise from Commercial Kitchen Exhaust Systems' produced by EMAQ. The application was recommended for refusal.

Application V/2023/0720: Teversal Camping & Silverhill Woodland Retreat Silverhill Lane, Teversal

This application was for permission to install 62 additional holiday lodges on an existing holiday park and the removal of the site's touring facilities. The application was referred to the committee by Councillor Helen-Ann Smith. The application site is to the north of Fackley and is part of the existing Teversal Camping and Caravanning site. Planning permission had been granted in the past to extend the site to allow for 31 static caravans for private ownership on the northern portion of the site and 60 touring pitches on the southern portion. The application had attracted a lot of attention locally. The Teversal, Stanton Hill & Skegby Neighbourhood Forum had objected, saying that the touring site is a well-used facility for touring caravanners and campers, which attracts numerous visitors to the area. They had argued that the introduction of more static caravans would harm the character and appearance of the site. They were also concerned about the impact on local services, as static caravans may be occupied all year round. They asked that if permission was granted, lodges be provided rather than static caravans, that the lodges be built of natural materials and that conditions be attached limiting how long the lodges could be occupied each year. Two letters of objection and ten letters of support had also been received. Those supporting the application said that the site was well kept and provided a safe space for visitors. Those who objected were concerned about the impact of increased traffic on Silverhill Lane, the visual impact of the development, and the ecological impact on wildlife.

The application was recommended for approval, subject to conditions. These included a condition confirming that the holiday lodges must be for holiday use only and could not be occupied as someone's sole or main residence. Other conditions included the installation of bat boxes, the planting of hedges, the installation of water butts, and the submission of a drainage scheme.


  1. The Town and Country Planning (Use Classes) Order 1987 (as amended) divides different types of land use into different 'use classes'. B2 refers to 'General Industrial' and covers uses like manufacturing, processing or repairing goods and materials. B8 refers to 'Storage or Distribution', covering uses like warehouses and distribution centres. An application for B2/B8 means the site could be used for either of these purposes. 

Attendees