REF:
032902
PLANNING PERMISSION: REFUSAL
Town and Country Planning Acts
Town and Country Planning General Development Orders
To:
Mr M Spencer
Of:
Jelson Ltd, 370 Loughborough Road, Leicester, Leicestershire, LE4 5PR
For:
Mr M Spencer, Jelson Ltd, 370 Loughborough Road, Leicester,
Leicestershire, LE4 5PR
The Council, having considered the application registered on 24 July 2014 for
permission to carry out development at:
Corner House Garage Nuneaton Road Bulkington Bedworth
gives notice that PERMISSION IS REFUSED for:
Erection of workshop and sales showroom (including the part demolition of
the existing building)
Statement of Positive Engagement
The Council has worked with the applicant in a positive and proactive manner
through achieving a valid application, requests for amended design, negotiations for
amended plans, discussions to overcome technical objections from consultation
responses, keeping the applicant informed of the planning application progress in
order to address the planning issues which have arisen during the determination of
the planning application. However, it was not possible to reach agreement on the
issues outlined in the decision for refusal below:
Decision made on: 19th December 2014
Issued on:
19th December 2014
...................................................................................................
Authorised signatory of Nuneaton and
Bedworth Borough Council
IMPORTANT: PLEASE READ THE NOTES ON THE REVERSE SIDE
AND RELEVANT POLICY INFORMATION ATTACHED
PDB
Reasons:
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) The proposal is contrary to this policy in that the building, by reason of its siting,
massing and height would create an oppressive sense of enclosure to the rear
habitable room windows and rear amenity space of No.453 Nuneaton Road, to the
detriment of residential amenity. (Contrary to paragraph 9.1, 9.2 and 9.6 of the
Residential Design Guide 2004)
NOTES:
This refusal relates to the plans contained in the following schedule:
Plan Description
Site Layout and Location Plan
Plans and Elevations
Plan No.
Date Received
8th December 2014
24th July 2014
NOTES
Appeals to the Secretary of State
(1)
If you are aggrieved by the decision of your Local Planning Authority to refuse permission for the proposed
development or to grant it subject to conditions, you can appeal to the Secretary of State under Section
78 of the Town and Country Planning Act 1990.
(2)
If you want to appeal, then you must do so within 6 months of the date of this notice, using a form which
you can get from the Planning Inspectorate at Temple Quay House, 2 The Square, Bristol, BS1 6PN, or
online at www.planning-inspectorate.gov.uk and www.planningportal.gov.uk/pcs
(3)
The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be
prepared to use this power unless there are special circumstances which excuse the delay in giving notice
of appeal.
(4)
The Secretary of State need not consider an appeal if it seems to him that the Local Planning Authority
could not have granted planning permission for the proposed development or could not have granted it
without the conditions they imposed, having regard to the statutory requirements, to the provisions of
any development order and to any directions given under a development order.
(5)
The Secretary of State does not refuse to consider appeals solely because the Local Planning Authority
based their decision on a direction given by him.
Purchase Notices
(1)
If either the Local Planning Authority or the Department for Communities and Local Government grants
permission to develop land subject to conditions, the owner may claim that he/she can neither put
the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably
beneficial use by the carrying out of any development which has been or would be permitted.
(2)
In these circumstances, the owner may serve a purchase notice on the Council in whose area the land
is situated. This notice will require the Council to purchase his/her interest in the land in accordance with
the provisions of Part VI of the Town and Country Planning Act 1990.
PDB