Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB
Gedling Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 7 February 2024
- Authority
- Gedling Borough Council
- Inspector
- Cooper P
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Minor Dwellings
- Appellant
- DIRECT LAND INVESTMENTS
- LPA reference
- 2021/0126
- ONS LPA code
- E07000173
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 17 October 2023
Summary AI
The appeal was made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The inspector found that the proposal did not conflict with policy LPD56 of the Gedling Borough Local Planning Document (2018) and that alternative provisions and lack of economic viability were demonstrated. The appeal was allowed, subject to conditions.
PDF text
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Appeal Decision Site visit made on 5 December 2023 by Paul Cooper MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 7th February 2024 Appeal Ref: APP/N3020/W/23/3325230 Beacon Baptist Church, Birchfield Road / Firbeck Road, Arnold, Nottingham NG5 8BB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr Lovatt (Direct Land Investments) against the decision of Gedling Borough Council. • The application Ref 2021/0126, dated 4 February 2021, was refused by notice dated 27 April 2023. • The development proposed is residential development (outline) (to include demolition of existing site buildings). Decision 1. The appeal is allowed, and outline planning permission is granted for residential development (outline) (to include demolition of existing site buildings) at Beacon Baptist Church, Birchfield Road / Firbeck Road, Arnold, Nottingham NG5 8BB in accordance with the terms of the application Ref 2021/0126 dated 4 February 2021 subject to the conditions set out in the attached schedule. Procedural Matter 2. The application was made in outline form, with layout and access to be determined at this stage.
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Appeal Decision Application for costs 3. An application for costs was made by Mr Lovatt (Direct Land Investments) against Gedling Borough Council. This application will be the subject of a separate Decision. Main Issue 4. The main issue in this appeal is the suitability of the development, with regard to the exploration of alternative uses for the premises and the availability of other premises for users. Reasons 5. The premises are located in a predominately residential area and are single storey in nature with a varied roof profile, but a hexagonal central section that a spire sits atop. 6. I understand that the building has not been used for church services for some considerable time, has been the subject of some water damage, and asbestos has been found during assessment works. https://www.gov.uk/planning-inspectorate
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Appeal Decision Appeal Decision APP/N3020/W/23/3325230 7. Evidence provided by the parties also demonstrates that the building has been both marketed for a period of time and allocated as an Asset of Community Value. It appears that, despite interest, no firm offer was ever received. 8. Viability appears to be an issue, with the dated nature of the building increasing renovation costs, as well as the discovery of asbestos in the building. 9. It would appear from the evidence that the congregation has utilised alternative premises as there are two other Baptist churches within 3km identified, as well as alternative community facilities. No alternative facilities have been offered as part of the application. 10. The application indicated that the existing building was to be demolished, and the layout aspect of the application indicates that the layout will be for 2no. detached dwellings and three pairs of semi-detached dwellings. Design would be a Reserved Matter. Means of access has not raised any objection from consultees or planning officers. 11. The objections from the Council relate to the provision of alternative community facilities and a lack of evidence to prove that the building cannot be retained. 12.
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Appeal Decision The appellant has demonstrated that there are alternative facilities available within a reasonable distance, accessible by public transport if necessary, and that given the length of time that the premises have been closed, that any parishioners have made alternative arrangements where necessary, so there is no need for replacement premises to be provided. 13. With regard to demonstration of the retention of the building, it has, as indicated above, been vacant for a number of years, marketed appropriately, and has had limited interest. In addition, I consider that water damage to the building and the presence of asbestos makes it unviable to any potential purchaser for renovating the building. 14. As such I find that the proposal does not conflict with policy LPD56 of the Gedling Borough Local Planning Document (2018) where development should not result in the loss of community facilities unless certain criteria are met including alternative provisions and lack of economic viability. Other Matters 15. I note the comments of a local group that were looking at the possibility of purchase of the site. The site was marketed and was also listed as an Asset of Community Value, so was open to purchase from interested parties.
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Appeal Decision This would apply to the local residents who wish to see some community use. Unfortunately, the site has undergone a thorough process and the applicant has been successful. Objectors may want alternatives, but if financial backing does not support this, then it will not be forthcoming. Conditions 16. I have taken into account the conditions prepared by the Council, and find them fair and reasonable, and, subject to some minor alterations to wording, have included them below. https://www.gov.uk/planning-inspectorate 2
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Appeal Decision This would apply to the local residents who wish to see some community use. Unfortunately, the site has undergone a thorough process and the applicant has been successful. Objectors may want alternatives, but if financial backing does not support this, then it will not be forthcoming. Conditions 16. I have taken into account the conditions prepared by the Council, and find them fair and reasonable, and, subject to some minor alterations to wording, have included them below. https://www.gov.uk/planning-inspectorate 2
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Appeal Decision Appeal Decision APP/N3020/W/23/3325230 17. Conditions 1 to 3 are in the interests of proper planning. Condition 4 allows proper consideration of site levels, whilst Conditions 5 through 8 are to maintain safe highways usage for the development. 18. Condition 9 is to ensure the provision of correct drainage; Condition 10 ensure that works are carried out in a considerate manner whilst Condition 11 allows future residents options in terms of vehicle use. Conclusion 19. Subject to the imposition of conditions, there are no material considerations that indicate that the application should be determined other than in accordance with the development plan, of which the relevant policies attract full weight. For the reasons given above, I therefore conclude that the appeal should be allowed.
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Paul Cooper INSPECTOR https://www.gov.uk/planning-inspectorate 3
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Paul Cooper INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/N3020/W/23/3325230 SCHEDULE OF CONDITIONS 1) Details of scale, appearance and landscaping (Reserved Matters) shall be submitted to and approved in writing by the Local Planning Authority (LPA) before any development takes place. The development shall then be carried out as approved. 2) An application for the approval of Reserved Matters must be made no later than three years from the date of this outline permission and must be begun within two years from the date of the final approval of Reserved Matters. 3) The aspects of the outline development hereby permitted shall be completed in accordance with the submitted documents and plans. 4) With the submission of Reserved Matters, full details of the existing and proposed ground levels of the site, and finished floor levels of the dwellings, including sectional drawings shall be submitted to, and approved in writing by the LPA and development shall be undertaken in accordance with those approved details. 5) No part of the development shall be brought into use until all dropped vehicular footway crossings are constructed and available for use, to Local Highway specifications.
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Paul Cooper 6) No part of the development shall be brought into use until all existing site access points that have been made redundant have been permanently closed and reinstated as footway with full height kerbing. 7) No part of the development shall be brought into use until all parking and turning areas are surfaced in hard-bound material (not loose gravel) for a minimum of 5.5m behind the highway boundary and permanently retained in such hard-bound material. 8) The development shall not be brought into use until all access driveways are constructed with provision to prevent the unrestricted discharge of water from the access driveway to the public highway. These details shall be submitted to and approved in writing by the LPA prior to commencement of the construction of said driveways. 9) With the submission of Reserved Matters, full details of the means of foul and surface water drainage shall be submitted to, and approved in writing by the LPA, and development undertaken in accordance with those details. 10) Prior to commencement of development a Construction Emission Management Plan (CEMP) for site preparation and construction must be submitted to and agreed in writing by the LPA.
Beacon Baptist Church, Birchfield Road/Firbeck Road, Arnold, NOTTINGHAM, Nottinghamshire, NG5 8BB — Gedling Borough Council — Paul Cooper 11) Prior to the first occupation of any dwelling, that dwelling shall be provided with access to an electric vehicle charging point, with a minimum power output of 7kw on a dedicated circuit. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Heritage impact Against appellant ¶10
The inspector found that the existing building has not been used for church services for some considerable time, has been the subject of some water damage, and asbestos has been found during assessment works, making it unviable to any potential purchaser for renovating the building.
Character and appearance Neutral ¶12
The inspector found that the congregation has utilised alternative premises as there are two other Baptist churches within 3km identified, as well as alternative community facilities.
Green belt Neutral ¶13
The inspector found that the proposal does not conflict with policy LPD56 of the Gedling Borough Local Planning Document (2018) where development should not result in the loss of community facilities unless certain criteria are met including alternative provisions and lack of economic viability.
Living conditions Against appellant ¶14
The inspector found that the proposal does not conflict with policy LPD56 of the Gedling Borough Local Planning Document (2018) where development should not result in the loss of community facilities unless certain criteria are met including alternative provisions and lack of economic viability.
Flood risk Neutral ¶null
There is no mention of flood risk in the decision letter.
Ecology and biodiversity Neutral ¶null
There is no mention of ecology and biodiversity in the decision letter.
Agricultural land Neutral ¶null
The site is not agricultural land.
Affordable housing Neutral ¶null
There is no mention of affordable housing in the decision letter.
Planning obligations Neutral ¶null
There is no mention of planning obligations in the decision letter.
Conditions Neutral ¶null
There are conditions attached to the permission.
External appearance Neutral ¶null
There is no mention of external appearance in the decision letter.
Other Neutral ¶null
Other matters were discussed, but did not have a significant impact on the decision.
Policies relied on
| Reference | Weight |
|---|---|
| LPD56 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 7 February 2024 under the Open Government Licence.