Agenda and draft minutes

Apologies for absence were submitted on behalf of Councillors Boothby, Moore and Walker with the following substitutions authorised in accordance with council procedure rule 10:

Councillor Sutton for Councillor Boothby

Councillor Webber-Jones for Councillor Moore

Councillor Williams for Councillor Walker.

In the absence of the vice-chair, it was agreed that Councillor Bray sit alongside the chair to fulfil the role of vice-chair.

To confirm the minutes of the meeting held on 12 March 2024.

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

RESOLVED – the minutes of the meeting held on 12 March be confirmed as a correct record.

Councillors Flemming and Lynch stated they were members of Burbage Parish Council’s Planning Committee and had been present during discussion on application 23/01204/REM but had not voted on the matter.

Councillors Bray and Williams stated they had been involved in discussions on application 23/01204/REM but came to the meeting with an open mind.

Councillor Smith stated she had been present at a meeting of Barwell Parish Council where application 24/00068/FUL was discussed but had not taken part in discussion or voting thereon.

Councillor Cook declared that she had received representations in relation to application 24/00019/FUL but stated she came to the meeting with an open mind.

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

It was reported that all decisions had been issued with the exception of application 23/01112/FUL which had been deferred.

Application for demolition of existing buildings and erection of 2 buildings and associated parking areas, landscaping, access, solar panels, EV charging stations and other works for the purposes of car sales.

Late items received after preparation of main agenda:

Consultations:-

1.1.       At the time of the publication of the committee report Officers were awaiting full details from the Highway Authority regarding their requested contribution towards the Coalville Transport Strategy. The Highway Authority has since requested a sum of £29,109.39 towards the Coalville Transport Strategy which would be directed towards highway works along the A511/ A50 corridor. On receipt of this request the Applicant has sought further clarification regarding the methodology behind the requested sum. Officers expect a further substantive response from the Highway Authority following the committee meeting and are mindful of the need for any requested contribution to meet the CIL tests.

Whilst the justification for the Highways contribution requires further work, these outstanding actions do not impact upon the recommendation to approve this application with the Head of Planning being given powers to determine the final detail of planning conditions and be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Application for demolition of existing buildings and erection of two buildings and associated parking areas, landscaping, access, solar panels, EV charging stations and other works for the purposes of car sales.

An objector, the agent, a ward councillor and a representative of the parish council spoke on this application.

It was moved by Councillor Webber-Jones and seconded by Councillor Gibbens that permission be granted.

It was subsequently moved by Councillor R Allen and seconded by Councillor C Allen that permission be refused.

It being the first valid motion, the motion of Councillor Webber-Jones seconded by Councillor Gibbens was put to the vote, CARRIED and

RESOLVED –

(i)            Permission be granted subject to:

a.    The completion within three months of this resolution of a S106 agreement to secure the following obligations:

·         A contribution to National Forest planting to secure the 20% forest planting gains required by planning policy of £9,800

·         A contribution to the Coalville Transport strategy to be subject to further discussion and the decision delegated to the Head of Planning;

b.    The conditions contained in the officer’s report;

(ii)          The Head of Planning be granted powers to determine the final detail of planning conditions;

(iii)         The Head of Planning be granted powers to determine the terms of the S106 agreement including trigger points and clawback periods.

Councillors Harris and Lambert left the meeting at 7.06pm.

Application for change of use of hotel (class C1) to homeless hostel and walk in centre (sui generis).

Late items received after preparation of main agenda:

Recommendation:-

1.1.       Condition 3 wording has changed as a Mitigation Strategy has been submitted to HBBC prior to determination:

“The operation of the facility shall be carried out in strict accordance with the approved 'Mitigation Factors' document (Falcon, received 02.04.24) in the interests of the protection of neighbouring amenity and control of noise and disturbance, and shall thereafter be followed in perpetuity.

Reason: To minimise anti-social behaviour, reduce crime and fear of crime in compliance with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016) and Paragraph 96 of the NPPF (2023).”

1.2.       A summary of the list of mitigation measures are as follows:

·                Provide guidance on acceptable behaviours for people who use the service

·                Work with the local police team

·                Work with the community safety teams

·                Feed intel into police to safeguard individuals and the community

·                Employ a zero tolerance to drugs and alcohol on site

·                Staff surveillance through monitoring the property with current CCTV and seeking to expand the CCTV coverage including the car park where funds allow

·                Complete preventative perimeter checks

·                Respond to any incidents involving our customers should they occur promptly

Minimum of 2 staff members on site, 24 hours a day 365 days a year

Application for change of use of hotel (class C1) to homeless hostel and walk in centre (sui generis).

An objector spoke on this application.

It was moved by Councillor Bray, seconded by Councillor Webber-Jones and

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

Application for the erection of a 50-room gold and leisure accommodation facility with associated works (part revised scheme to that approved under 19/01437/FUL).

Application for erection of a 50 room golf and leisure accommodation facility with associated works (part revised scheme to that approved under 19/01437/FUL).

Two objectors, the applicant and a representative if the parish council spoke on this application.

It was moved by Councillor Webber-Jones and seconded by Councillor Gibbens that permission be granted and the Head of Planning be asked to ensure conditions relating to EV charging points and solar panels were included.

Councillor R Allen proposed the application be deferred. In the absence of a seconder, the motion was not put.

Councillor Bray suggested that authority be delegated to the Head of Planning to negotiate additional parking, which was agreed by the mover and seconder of the motion.

Upon being put to the vote, the motion of Councillor Webber-Jones, seconded by Councillor Gibbens, was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report and additional standard conditions in relation to EV charging and solar panels;

(ii)          Authority be granted to the Head of Planning to discuss with the applicant provision of additional car parking.

At this juncture, the meeting adjourned at 8.03pm and reconvened at 8.08pm.

Application for approval of reserved matters (relating to layout, scale, appearance and landscaping) of appeal decision APP/K2420/W/22/3301735 (outline planning application 21/01131/OUT) for the provision of 127 dwellings, a substation, public open space, an attenuation pond and associated works.

Late items received after preparation of main agenda:

Consultations:-

Burbage Parish Council:

1.1.           On Monday 08 April 2024, Burbage Parish Council undertook an extraordinary meeting to discuss the development prior to the April Planning Committee.

1.2.           During this meeting, Burbage Parish Council confirmed that, whilst they strongly objected to the original planning application, 21/01131/OUT, the Parish Council intend to adopt the public open space within the development alongside the roadway trees as indicated in consideration of the commuted maintenance sum that is set out in the Section 106 Agreement. In addition, Burbage Parish Council supports the provision of a temporary haul from the south of the site.   

Highways:

1.3.           Within the Local Highway Authority’s latest response (25 March 2024), they highlighted concerns regarding:

·                The adoptability of the site.

·                Excessive length of turning head arms.

·                Inappropriate private drive radii access.

·                The provision of street trees and verges within the highway boundary.

·                Remote parking

·                The safe passage of refuse vehicles.

·                The use of build outs on proposed share surface roads.

·                Vehicular tracking.

·                Vehicular visibility, vehicular tracking.

1.4.           Since this response, the Applicant has provided additional details via a Swept Path Analysis Plan and a General Arrangement Plan, which they believe is to an adoptable standard and is likely to address the concerns of the Local Highway Authority.

1.5.           Furthermore, the Applicant has had a meeting with the Local Highway Authority where minor changes have been agreed to make the scheme acceptable including:

·                Amendments to vehicular visibility splays within the site.

·                A reduction in the size of turning heads.

·                The reduction in the length of shared surfaces to a maximum length of 40m.

·                Trees and verges repositioned outside of the highway boundary.

The Applicant is currently in the process of making these amendments.

1.6.           Nevertheless, as per the Committee Extract, the Case Officer’s recommendation for the approval of this planning application is subject to written confirmation from the Local Highway Authority stating that, in its view, the County Council does not consider the impacts of the development on highway safety to be unacceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe in accordance with Paragraph 115 of the National Planning Policy Framework (December 2023).

Public Open Space Provision:

1.7.           On 04 April 2024, Leicestershire County Council’s Ecology Department have raised concerns regarding the funding of the Protected Ecological Areas within the site (as detailed within the Biodiversity and Landscape Management Plan) given the requirement to maintain these protected areas as species-rich grassland.

1.8.           The Ecology Department have confirmed that they will respond in due course with further guidance.

1.9.           The Case Officer has requested that the entire Equipped Children’s Play Space is surfaced with safety surfacing rather than the current grass finish in the interests of  ...  view the full agenda text for item 330.

Application for approval of reserved matters (relating to layout, scale, appearance and landscaping) of appeal decision APP/K2420/W/22/3301735 (outline planning application 21/01131/OUT) for the provision of 127 dwellings, a substation, public open space, an attenuation pond and associated works.

It was moved by Councillor R Allen, seconded by Councillor Williams and

RESOLVED –

(i)            Permission be granted subject to:

a.    The conditions contained in the officer’s report and late items;

b.    Final approval from the local highways authority with regard to internal layout;

(ii)          The Head of Planning be granted authority to determine the final detail of planning conditions and internal road layout;

(iii)         The Head of Planning be granted authority to determine the final detail of obligations including public open space provision and further ecological information.

Application for variation of condition 2 (plans and elevation) of planning application 22/00503/FUL. Amendment to external openings, addition of dormer and windows and other alterations to the dwellings.

Variation of condition 2 (plans and elevation) of planning application 22/00503/FUL. Amendment to external openings, addition of dormer and windows and other alterations to the dwellings.

It was moved by Councillor Crooks, seconded by Councillor Cook and

RESOLVED –

(i)            Permission be granted subject to the conditions outlined in the officer’s report;

(ii)          The Head of Planning be granted authority to determine the final details of the conditions.

Application for 2.5 storey apartment blocks containing 14 apartments with associated parking and landscaping.

Late items received after preparation of main agenda:

Consultations:-

A repeat objection has been made by a neighbouring resident raising concerns with parking provision, access for refuse vehicles, HGVs and disturbance during construction.

Application for 2.5 storey apartment blocks containing 14 apartments with associated parking and landscaping.

It was moved by Councillor Bray, seconded by Councillor Webber-Jones and

RESOLVED –

(i)            Permission be granted subject to:

a.    The conditions outlined in the officer’s report;

b.    A S106 agreement to secure:

·         Health contribution – Barwell and Hollycroft medical centres: £6,720.00

·         Waste – Barwell HWRC: £693.42

·         Libraries – Earl Shilton Library: £347.27

·         Off-site equipped children’s play space: £9,169.27

·         Off-site equipped children’s play space maintenance contribution: £4,425.12

·         Off-site casual / informal play spaces: £1,044.29

·         Off-site casual / informal play spaces maintenance contribution: £1,270.08

·         Off-site outdoor sports contribution: £4,865.28

·         Off-site outdoor sports maintenance contribution: £2,311.68

·         Off-site accessibility natural green space contribution: £2,290.40

·         Off-site accessibility natural green space maintenance contribution: £3,976.00

·         All open space contributions to be for improved facilities at Kirkby Road recreation ground

·         Public realm improvements for Barwell: £5,628

·         Skills development during construction of the development

·         S106 legal and monitoring fees.

(ii)          The Head of Planning be granted authority to determine the final detail of the conditions.