Apartment blocks plan rejected over flood risk and effect on neighbour
APARTMENT block plans next to a disused Derbyshire cinema have been rejected due to the perceived flood risk and impact on a neighbouring business.
At an Erewash Borough Council meeting, councillors debated plans for two three-storey apartment blocks next to the former Galaxy Row cinema in Long Eaton.
The plans, from Nottingham firm Astogna Ltd, would have totalled 16 apartments with a block of five facing Derby Road – on the site of the Stage One club – and a second block of 11 facing Oxford Street, next to the FastFit AutoCentre.
At Wednesday’s meeting, several councillors had been looking to approve the scheme but were told by Steve Birkinshaw, the authority’s head of planning, that approval would see the decision passed to the Secretary of State. He said this was due to an objection from the Environment Agency who felt the flood risk assessment of the site was not sufficient and that having a ground floor apartment in a flood zone three area was “not acceptable”.
One ground floor apartment was planned as part of the scheme – in the Derby Road building.
The scheme only appeared before councillors because “it affects the Long Eaton Town Deal ‘Galaxy Row’ Project” – a £9m area improvement project – officers wrote.
During the meeting, Cllr Margaret Griffiths said: “It doesn’t look like it could be very adequately run. It doesn’t look right at all.”
Cllr Paul Shelton moved to approve the plans, saying: “It is not as easy to refuse this development as it would seem, and there is no doubt that accommodation of that type is needed in this area.”
Cllr Danny Treacy said the plans should be rejected due to the “significant impact on the neighbouring property” – a knitwear business in Oxford Street which says the apartments planned would block the windows on its upper floor, meaning it would not get any light.
Council officers say this “level of harm” warrants refusal in its own right, due to the potential difficulties the business may face as a result. The developer is said to have offered to pay for rooflights in the neighbouring property, but the owner says this is not possible due to the loft being used for storage – so light would not reach the upper floor.
Mr Birkinshaw told the meeting that because this was a major planning application in a flood risk area and the Environment Agency had objected, “we would not have the power to approve it, we would have to refer it to the Secretary of State”.
He said approval would also expose the council to costs from the adjacent knitwear business in Oxford Street if it were to make a decision which would impact the “reasonable enjoyment of a neighbouring property”.
Cllr Shelton responded: “Why is it before committee? Our hands are tied to a certain extent.”
The committee refused the plans by a vote of nine to two.
The borough council submitted a successful £25 million bid to the Government’s Town Deal Fund and a large part of that project is to redevelop the former Galaxy Row cinema site, including properties to the rear in Oxford Street – which will see the autocentre demolished. It is believed the scheme, which would include the No 43 shop and the former Stage One club, would cost between £5 million and £9 million.
The council intends to convert the former cinema, which opened in 1907 as the St James Theatre, into apartments, townhouses and “commercial” space for shops and businesses. The garage would be flattened to make way for townhouses which the council says would “further diversify the mix of the development whilst upholding the principle of high-quality town centre living”.