Agenda and minutes

Apologies for absence were submitted on behalf of Councillors C Allen, R Allen, Cope, J Crooks, W Crooks, Gibbens and Smith, with the following substitutions authorised in accordance with council procedure rule 10:

Councillor H Williams for Councillor R Allen

Councillor Cartwright for Councillor J Crooks

Councillor Glenville for Councillor W Crooks

Councillor Sheppard-Bools for Councillor Gibbens

Councillor Cook for Councillor Smith.

To confirm the minutes of the meeting held on 8 September 2020.

It was acknowledged that Councillor Boothby’s apologies were not recorded in the minutes of the previous meeting yet had been reported to that meeting. It was moved by Councillor Findlay, seconded by Councillor Cartwright and

RESOLVED – the minutes of the meeting held on 8 September be approved as a correct record subject to the abovementioned amendment.

Councillor Cook declared a pecuniary interest in item 10 as the applicant and confirmed that she would leave the meeting during consideration of the item.

Councillors Boothby, Roberts and H Williams declared personal interests in item 10 as the applicant was a fellow councillor.

Councillors Glenville stated that, in relation to item 7, she had voted at Burbage Parish Council but had come to this meeting with an open mind.

In relation to item 7, Councillors Flemming, Lynch and Walker stated that they had not voted when the item was considered by Burbage Parish Council.

Councillor Cartwright stated that he had been involved in discussions on previous applications on land to the east of Wallace Drive, Groby, but he did not have an interest to declare in the application under consideration at this meeting.

To report progress on any decisions delegated at the previous meeting.

It was reported that all decisions delegated at the previous meeting had been issued with the exception of application 20/00444/FUL which was subject to a S106 agreement.

Application for residential development of up to 135 dwellings (Outline- access only).

Late items received after preparation of main agenda:

Recommendation:-

Condition 10 should be amended to read as follows:

The new vehicular access hereby permitted shall not be used for a period of more than one month from being first brought into use unless any existing vehicular access on B578 Lutterworth Road that become redundant as a result of this proposal have been closed permanently and reinstated in accordance with details first submitted to and agreed in writing by the Local Planning Authority.

Condition 21 should be amended to read as follows:

Any Reserved Matters application considering matters of layout shall be accompanied by an updated Biodiversity Metric Calculation, demonstrating that the layout does not result in a net unit change that results in a loss less than -21.51 habitat units and -1.46 hedgerow units as a result of the development carried out within the site identified on the submitted site location plan.  Reason: To accord with Policy DM6 of the Site Allocations and Development Management Policies Plan Document (2016) and paragraph 175 of the NPP (2019).

Application for residential development of up to 135 dwellings (outline – access only)

Notwithstanding the officer’s recommendation that permission be granted, some members felt that the development was located in open countryside where built development would have an adverse impact on the intrinsic value, beauty and open character contrary to policy DM4 of the Site Allocations and Development Management Policies DPD. They felt that the harm to the countryside outweighed the benefit that housing would deliver. It was moved by Councillor Walker and seconded by Councillor Flemming that permission be refused for this reason. Councillor Walker, supported by four further councillors, requested that voting on this motion be recorded.

The vote was taken as follows:

Councillors Boothby, Bray, Cartwright, Cook, Findlay, Flemming, Furlong, Glenville, Hollick, Lynch, Mullaney, Roberts, Sheppard-Bools, Walker and Williams voted FOR the motion (15).

There were no votes against the motion and no abstentions.

The motion was therefore declared CARRIED and it was unanimously

RESOLVED – permission be refused due to the proposal having an adverse impact on the intrinsic value, beauty and open character of the countryside contrary to policy DM4 of the Site Allocations and Development Management Policies DPD.

At this juncture, due to the chairman experiencing connection issues, it was moved by Councillor Cartwright, seconded by Councillor Sheppard-Bools and

RESOLVED – Councillor Bray be appointed Vice-Chairman for this meeting only and be permitted to take the chair should the chairman leave the meeting.

Application for change of use of land to 2 No. Gypsy / Traveller pitches comprising of 2 static caravans, 1 day room and 2 No. touring caravans and associated infrastructure.

Late items received after preparation of main agenda:

Consultations:-

Paragraph 6.4, point (4) should be replaced with:-

4)         The right of access stated in the application via Wallace Drive is disputed by the owner of that land and there have been gates and a fence erected. A Barrister has confirmed that the applicant does not have a legal right of way

An additional letter has been received raising the following additional matters:-

·         In 2016 the Inspector was not satisfied as to the practicality of bringing two static caravans onto the site either via Wallace Drive or directly from the A50, which was fundamental and was not a matter which could be conditioned

·         The tracking information submitted as part of the application does not stand up to scrutiny

·         The applicant has no control over the access to the A50

·         There has been no tracking information for the A50/Lena Drive Junction

·         No tracking information for a car and touring caravan to proceed down Wallace Drive access been received

·         The Highways Authority has disregarded the Independent assessment

·         An additional reason for refusal should be included on the lack of evidence in being able to practicability of accessing the site

Appraisal:-

Impact upon highway safety and transport

Paragraph 8.19 of the committee report notes that the LPA has instructed independent highway advice to appraise and consider the manoeuvring of caravans beyond the highway boundary, the findings of which will be reported by late item.

This independent advice has been received by the LPA. The independent advice has looked at tracking a vehicle towing a caravan using a larger 4 wheel drive vehicle and a twin axle caravan. The advice provided, identifies that when entering from Wallace Drive the manoeuvring required further along the track, would not be possible without body overhang and with no margin for error. Exiting from the application site along the track toward Wallace Drive has also been considered, and if the full extent of the track as shown on Ordnance Survey is not available, which is the case following a site visit, then exiting the site towing a caravan would not be possible.

Following this advice it is evident that, notwithstanding the dispute regarding legal right of access, that the access from Wallace Drive is not of sufficient width and geometry to allow a touring caravan and car to access the site. As a result of this information, it is therefore likely that the occupiers would utilise the established access track via the A50. This would result in an unacceptable increase in traffic using the A50 access, which would lead to vehicles giving way within or reversing onto an A classified road detrimental to highway safety. Contrary to Policy DM17 of the Site Allocations and Development Management Policies DPD, Policy 18 of the Core Strategy and paragraph 109 of the  ...  view the full agenda text for item 481.

Application for change of use of land to two gypsy/traveller pitches comprising of two static caravans, one day room and two touring caravans and associated infrastructure.

It was moved by Councillor Cartwright and seconded by Councillor Findlay that permission be refused in accordance with the officer’s recommendation. Following further discussion, Councillor Cartwright, seconded by Councillor Findlay, proposed an amendment that the first sentence of reason for refusal 2 be amended to read “the proposal would result in an unacceptable increase in traffic using access tracks which have inadequate width and geometry and are also public rights of way or intersected by public rights of way”. Upon being put to the vote, the motion as amended was CARRIED and it was unanimously

RESOLVED – permission be refused for the following reasons:

(i)            The access as proposed via Wallace Drive does not provide an access track of sufficient width and geometry to allow a touring caravan and car to access the site.  In the absence of a suitable access track width from Wallace Drive it is likely that the occupiers would utilise the established access track via the A50. The proposed development would therefore result in an unacceptable increase in traffic using the A50 access that also has inadequate width and geometry. This would lead to vehicles giving way within or reversing onto an A classified road subject to a 40mph speed limit which would have a severe impact on highway safety. This would be contrary to policy DM17 of the Site Allocations and Development Management Policies DPD, policy 18 of the Core Strategy and paragraph 109 of the NPPF;

(ii)           The proposal would result in an unacceptable increase in traffic using access tracks which have inadequate width and geometry and are also public rights of way or intersected by public rights of way. This would lead to a conflict between pedestrians and motorists using the track and ultimately pedestrian safety issues. This would be contrary to policy DM17 of the Site Allocations and Development Management Policies DPD and policy 18 of the Core Strategy.

Application for change of use of public house (Class A4) to five self contained flats (Class C3), alterations.

Application for change of use of public house (class A4) to five self contained flats (class C3), alterations.

Notwithstanding the officer’s recommendation that permission be granted, members felt that the change of use of the building to a residential use would result in the total loss of its historic and purposeful community use, harming its historic value. As a result, the proposal would have an adverse effect upon the significance of this local heritage asset. The proposal would therefore be contrary to policies DM11 and DM12 of the Site Allocations and Development Management Policies DPD. It was therefore moved by Councillor Boothby and seconded by Councillor Cartwright that permission be refused for these reasons.

Councillor Cartwright, supported by Councillor Boothby, proposed an amendment that a reason for refusal be added in relation to the loss of employment use. Following advice, this amendment was withdrawn.

Upon being put to the vote, the motion was CARRIED and it was unanimously

RESOLVED – permission be refused as the change of use would have an adverse effect upon the significance of the local heritage asset contrary to policies DM11 and DM12 of the Site Allocations and Development Management Policies DPD.

Application for two storey side and single storey rear extension and creation of new vehicular access to front.

Late items received after preparation of main agenda:

Consultations:-

A letter of objection from the Earl Shilton County Councillor has been received raising the following concerns:

Adverse highways safety impacts caused by the proposed vehicular access on to Breach Lane

No vehicular accesses onto Breach Lane were included in the scheme approved for the original housing development.

Appraisal:-

The recommendations to committee have not changed from the original report.

Recommendation:-

Approve

Application for two storey side and single storey rear extension and creation of new vehicular access to front.

It was moved by Councillor Bray, seconded by Councillor Cartwright and unanimously

RESOLVED – permission be granted subject to the conditions contained in the officer’s report.

Application for front extension to existing garage and erection of front porch.

Application for front extension to existing garage and erection of front porch.

Having declared a pecuniary interest in this item, Councillor Cook left the meeting at 8.29pm.

It was moved by Councillor Bray, seconded by Councillor Hollick and unanimously

RESOLVED – permission be granted subject to the conditions contained in the officer’s report.

To report on progress relating to various appeals.

Members received an update on progress in relation to various appeals. The report was noted.