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Apologies and substitutions
Apologies for absence were submitted on behalf of Councillors Bessant and Hodgkins, with the substitution of Councillor Nichols for Councillor Hodgkins authorised in accordance with council procedure rule 10.
To confirm the minutes of the meeting held on 19 February 2019.
It was moved by Councillor Bill, seconded by Councillor Surtees and
RESOLVED – the minutes of the meeting held on 19 February be confirmed and signed by the chairman.
Declarations of interest
To receive verbally from Members any disclosures which they are required to make in accordance with the Council’s Code of Conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the agenda.
Councillor Surtees declared a personal interest in application 18/00118/FUL as she lived very close to the site. She left the meeting during discussion of the item.
Decisions delegated at previous meeting
To report progress on any decisions delegated at the previous meeting.
It was reported that the decisions in relation to applications 18/01038/REM and 18/01104/FUL had been issued. Application 16/00758/FUL had been deferred and would come back to a future meeting.
Application for erection of 17 houses and 89 apartments within two apartment blocks, including the provision of access, open space and associated infrastructure.
Adjustments to the contributions for the Section 106 agreement have been made due to the removal of one dwelling from the scheme. Leicestershire County Council (Highways) have also requested an additional Traffic Regulation Order (TRO) along Marchant Road as mitigation.
An amended materials schedule has also been received to clarify where the materials will be on the dwellings.
An additional neighbour letter has been received objecting to the scheme for the following reasons:
- Loss of the car park
- Impact upon highway safety (vehicular and pedestrian)
- Increase in congestion along Coventry Road
A letter of objection has been received from Councillor Bray his comments were incorporated into the Committee Report within Section 5 – Publicity of the Committee Report.
Play and Open Space
Due to the reduction of on site dwellings from 107 to 106 the play and open space contributions have been adjusted and the overall contributions towards on site maintenance and off site provision and maintenance of open space is £220,870.05. The breakdown of this figure for each typology is shown in the table below:
After re-consulting Leicestershire County Council (Education) on the loss of one dwelling they have reviewed the educational need in the area. Reviewing the places available it is concluded that there is a deficit of 30 pupil places within the primary school sector within a 2 mile walking distance which is more of a deficit than when the original contribution was calculated. Therefore a contribution towards the accommodation of capacity issues caused by the proposed development is requested. The amended primary school figure is £101,414.40.
An additional contribution is now being sought for secondary education or post-16 education as it is identified there is now a deficit of places for these educational facilities. There is an overall deficit in this sector after including all schools within a three mile walking distance of the development of 10 pupil places. Therefore a contribution towards the accommodation of capacity issues caused by the proposed development is requested. The contribution is calculated by multiplying the number of deficit places created by the development (3.99) by the DFE cost multiplier (£17,876.17) which equals £71,325.92.
The overall education contribution figure is £172,740.32.
The amended figures are considered necessary and directly related and fairly and reasonably related in scale and kind to the development proposed and therefore meets the CIL tests.
The loss of one dwelling has reduced the contribution to £2,510. The methodology for this figure remains unchanged from the committee report. The amended figure is considered to remain ... view the full agenda text for item 403.
Application for erection of 17 houses and 89 apartments within two apartment blocks including provision of access, open space and associated infrastructure.
Notwithstanding the officer’s recommendation that permission be granted subject to a section 106 agreement and conditions, some members felt that the proposed development was out of keeping with the area and the design, scale and density would harm the character of the area contrary to policy DM10 of the SADMP and paragraph 127 of the NPPF. It was moved by Councillor Bill and seconded by Councillor Nichols that the committee be minded to refuse permission. Upon being put to the vote, the motion was CARRIED and it was
RESOLVED – the committee be minded to refuse permission and the application be brought back to a future meeting for determination.
Councillors Bray and Hall left the meeting at 7.29pm.
Application for part demolition and conversion of existing factory to 4 apartments and erection of 4 new houses and 9 new apartments.
Affordable Housing and Infrastructure Contributions
Lambert Smith Hampton have undertaken an independent valuation analysis of the financial viability assessment submitted to support the proposed scheme. Their report concludes that the scheme cannot support any affordable housing or Section 106 contributions and that such an obligation would prejudice the delivery of the proposed 17 residential units.
As a result and in order to enable the site to come forward, the recommendation has been amended to reflect the outcome of the independent valuation analysis of the scheme and the completion of a section 106 agreement to secure affordable housing and infrastructure contributions is no longer required.
Amend Recommendation to:
11.1. Grant planning permission subject to:
· Planning conditions outlined at the end of this report.
11.2. That the Interim Head of Planning be given powers to determine the final detail of planning conditions.
Application for part demolition and conversion of existing factory to four apartments and erection of four new houses and nine new apartments.
Councillor Wright left the meeting at 7.45pm and returned at 7.57pm.
Notwithstanding the officer’s recommendation that permission be granted subject to a section 106 agreement and conditions, some members felt that the design and layout was inappropriate contrary to policy DM10 of the SADMP and had concern with highway safety contrary to policy DM17 and DM18 of the SADMP. It was moved by Councillor Roberts and seconded by Councillor Smith that members be minded to refuse permission. Three members stood to request voting be recorded on this motion. The vote was taken as follows:
Councillors Bill, Cook, Crooks, Ladkin, Richards, Roberts, Smith and Wright voted FOR the motion (8);
Councillors Sutton, Witherford and Ward voted AGAINST the motion (3);
Councillors Hollick, Lynch, Nichols and Surtees abstained from voting.
The motion was declared CARRIED and it was
RESOLVED - the committee be minded to refuse permission and the application be brought back to a future meeting for determination.
Application for change of use from children's day nursery to a residential care home for children with education facility.
Application for change of use from children’s day nursery to a residential care home for children with education facility.
Notwithstanding the officer’s recommendation that permission be granted subject to conditions, Councillor Roberts proposed that members be minded to refuse permission. Three members stood to request that voting on the motion be recorded. In the absence of a seconder, the motion was not put.
Councillor Roberts, seconded by Councillor Bill, moved that the item be deferred to seek further information from the applicant, to discuss potential conditions regarding boundary treatments and the use of the garden and to discuss the matter with Leicestershire County Council. Upon being put to the vote, the motion was CARRIED and it was
RESOLVED – the application be deferred to a future meeting.
Councillors Williams left the meeting at 8.34pm.
Application for erection of detached dwelling and a new vehicular access.
In response to the submitted amended plan, Burbage Parish Council maintains their objection on the grounds that it seeks to alter a previously approved scheme, which benefitted from an expansion of the settlement boundary and which explicitly allowed for three properties to be accessed by one, single shared entrance/exit point. The current application shows a second vehicular access, contrary to the previously-agreed arrangements and they consider that more than one access point on to Lutterworth Road is not necessary to serve this proposed development.
The four separate objectors also repeat their previous objections as included in the main agenda report.
Notwithstanding the objections received, the green buffer planting strip along the south east boundary of the site is included on the submitted plan to screen and enhance the visual appearance of the development when approaching the village along Lutterworth Road. The Local Highway Authority do not object to the creation of a new separate access to serve the dwelling proposed on highway or pedestrian safety grounds subject to conditions. It is not unreasonable for a detached dwelling to have a separate point of vehicular access and this would not be uncharacteristic of access arrangements to existing established dwellings in the vicinity.
The recommendation to Planning Committee remains unchanged.
Application for erection of detached dwelling and a new vehicular access.
Notwithstanding the officer recommendation that permission be granted subject to conditions, it was moved by Councillor Lynch and seconded by Councillor Wright that members be minded to refuse permission. Following further discussion this motion was withdrawn.
It was then moved by Councillor Wright and seconded by Councillor Lynch that the application be deferred to discuss the use of the existing access for the development with the applicant. Upon being put to the vote, the motion was CARRIED and it was
RESOLVED – the application be deferred and brought back to a future meeting.
Councillor Wright left the meeting at 8.42pm.
Application for erection of 4 dwellings (Revised scheme).
Impact upon Archaeology
Policy DM11 and DM12 of the adopted SADMP seeks to ensure that development proposals shall protect, conserve and enhance the historic environment.
The application site is situated within an area of significant archaeological interest as identified within the Leicestershire and Rutland Historic Record. The site is located within the historic core of Desford, close to the medieval Church of St. Martin. The church would have been a focus for settlement and activity during the medieval and post medieval periods, so evidence of this may survive on the site. In the 1960s two Roman pottery kilns, which were manufacturing pottery during the 2nd century AD, were discovered during building work c.30m to the south of the application site. Finds of Roman pottery have also been made within the locality of the area and is it possible that archaeological remains of this date are present within the application site. Early Ordnance Survey mapping shows that, although parts of the site have been built on during the 19th and 20th Centuries, large areas have remained undeveloped and therefore any archaeological remains present are likely to be preserved in situ. There is therefore potential for the presence of archaeological remains within the application area, likely to be affected by the proposal.
Leicestershire County Council (Archaeology) do not object to the proposal, subject to the imposition of conditions, which relates to the submission of a Written Scheme of investigation informed by an initial stage of trial trenching is submitted and approved.
Grant planning permission subject to:
a) Planning conditions outlined at the end of this report.
That the Interim Head of Planning be given powers to determine the final detail of planning conditions.
Reword and replace condition 4 with the following condition:-
4. No development shall commence on site until such time as the existing and proposed ground levels of the site, and proposed finished floor levels, in addition to the submission of a proposed 3D pedestrian perspective plan from Main Street has been submitted to and agreed in writing by the Local Planning Authority. The development shall then be implemented in accordance with approved proposed ground levels and finished floor levels.
Reason: To ensure that the development has a satisfactory appearance in the interests of visual amenity to accord with Policy DM10 of the Site Allocations and Development Management Policies Development Plan Document.
Additional new condition:-
14. No demolition/development shall take place/commence until a written scheme of investigation (WSI), informed by an initial stage of trial trenching, has been [submitted to and] approved by the local planning authority in writing. For land that is included within the WSI, no demolition/development shall take place other than in accordance with the agreed WSI, which shall include the statement of significance and research objectives, and
· The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works
· The programme for ... view the full agenda text for item 407.
Application for erection of four dwellings (revised scheme).
Having declared a personal interest in this item, Councillor Surtees left the meeting at 8.42pm.
Councillor Cook left the meeting at 8.45pm.
It was moved by Councillor Sutton, seconded by Councillor Ladkin and
(i) Permission be granted subject to the conditions contained in the officer’s report and late items;
(ii) The Interim Head of Planning be granted delegated powers to determine the final detail of planning conditions.
Councillor Cook returned to the meeting at 8.46pm.
To report on progress relating to various appeals.
Members received an update on appeals.
RESOLVED – the report be noted.