OMTRA reached out to Rob Percival Area Planning Manager - Development Management with the following email:
"It has been suggested that I reach out regarding the recent decision to sell the freehold and to release the covenant on the land adjacent to the former Toll Bridge Inn site.
We would be interested in arranging a meeting (virtual or otherwise) to discuss the decision and the situation more broadly.
Within the decision document, I was confused as to why the affected ward is listed as Castle and the ward councillors are listed as Sam Webster and Angharad Roberts.
I can see that the decision that was approved relates to the land adjacent to the former pub site rather than the former pub site itself but since an attachment was included with that decision that shows a proposed site layout, I can see that there are plans for the former pub site itself, whether those plans have been formally submitted or not.
I see councillor Heaton's comments and what seems to be intended as a reassuring response that the trees are subject to TPOs and yet it naturally raises concerns that the Proposed Site Layout actually shows a significantly reduced number of trees and a removal of a section of trees for the main road entrance.
Nicola assures me that although there was no public consultation on the decision to sell the freehold land and remove the covenant and although the terms of the sale and the removal of the covenant are apparently not to be disclosed to the public, there will still need to be a planning application (subject to public consultation) that would require an application for change of use of the land in order for such a development as is depicted in the Proposed Site Layout to go ahead.
I don't know a lot about TPOs so would be interested in whether the public would need to be consulted on the removal of trees subject to such an order.
Please advise on the best way to arrange such a public meeting to discuss the situation."
Rob Percival provided the following response:
Your queries regarding the sale of land/removal of covenant need to be addressed to our Property team – these are not planning matters so we have not been involved in this process. I note from the delegated decision report that the relevant contact is Jeremy Bryce – Jeremy.bryce@nottinghamcity.gov.uk
From a planning perspective, any development of the former Toll Bridge site will require planning permission, following the submission of a planning application. Planning applications fall within the public domain and the process for their determination involves public consultation, particularly with those near to a site, which is the opportunity for the local community to have their say and submit formal representations. It is also common for developers to approach the planning team in advance of submitting an application for ‘pre-application’ advice, to canvas the authority’s opinion of the suitability of their proposals, seek to resolve initial concerns and objections etc. Indeed, this is a well-established part of the planning process and strongly encouraged by national planning policy.
Pre-application discussions are a private matter for the enquirer so we are not at liberty to share their proposals with local residents without their blessing. However, as part of the advice we give and subject to the nature of the proposal concerned, we strongly encourage developers to partake in community engagement as part of the pre-application discussions, so that their views can be brought into consideration at the design development stage.
Regarding the former Toll Bridge Inn site, we have recently been approached by a developer to engage in pre-application discussions but are at the very start of this process so have yet to either assess their proposals or discuss community engagement with them, which we will do in due course.
Regarding the trees on the land being sold by the Council, these are currently protected given their location within a conservation area; an application has to be made to the planning team for any works to be carried out to them. On the sale of Council land consideration is also given to the serving of a Tree Preservation Order (TPO) in relation to trees of sufficient merit, before the land transfer takes place. That appears to be the case here so such an assessment will be carried out.
Given the above, we will be discussing public engagement with the developer interested in the former Toll Bridge site but at this stage a meeting would be premature. Matters concerning the land sale and covenant should be directed to Property colleagues.
I hope that this is of assistance.
Kind regards
Rob Percival
Area Planning Manager - Development Management
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