Agenda and minutes

Apologies for absence were submitted on behalf of Councillor Flemming with the substitution of Councillor Bray authorised in accordance with council procedure rule 10.

To confirm the minutes of the meeting held on 23 April 2019.

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

RESOLVED – the minutes of the meeting held on 23 April 2019 be confirmed and signed by the chairman.

No interests were declared at this stage.

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

It was reported that decisions in relation to 19/00177/HOU, 19/00013/S106, 19/00091/FUL and 19/00264/S106 had been issued. The remaining items were on the agenda for this meeting.

Application for change of use from light industrial (B1) to a Dance Studio (D2).

Late items:

Introduction:- The application relates to the change of use of the building from a light industrial use (B1) to a Dance Studio (D2). The officer recommendation is to Refuse.

The applicant’s agent has made the following comments in regard to the officer report:

• Policy DM19 does not define the term ‘exceptional’, the agent states that nevertheless that the circumstances which concern the applicant’s proposals, namely the ability for the applicant’s business to grow, the lack of sequentially preferable alternative locations; the ability for a much greater number of children and young people to undertake in sport and physical activity; and the fact that no employment premises would actually be lost, can be collectively considered as exceptional.
• Employment generated by the proposed use would be similar to that of a B class use  and will continue to provide employment in this sector of the economy which is growing robustly;
• The applicant has not claimed the use to be a community facility and therefore Policy DM25;
• The proposal meets the criteria of policy 8 of the Core Strategy which supports the provision of facilities to meet the needs of Key Rural centres such as Desford;
• A sequential test has been carried out with the following premises assessed (NB as the Dance studio serves predominantly members of the community in Desford, the search for potential premises has been restricted to Desford and the surrounding hinterland), all of which have found to be lacking with insufficient space, or time table space to meet the needs of the growing business.

Consultations:- No additional consultations have been made.

Appraisal:- The comments from the agent relate to the appraisal of the scheme which is fully documented within the officer report. The additional information provided in regard to the sequential test and the appraisal of sites that have been considered by the applicant and found to be unacceptable have been noted. However, this information is not sufficient and detailed for the local planning authority to be satisfied that a full sequential test has been undertaken and there are no available premises other than the site subject to this proposal.

The additional details provided by the applicant do not alter the assessment by officers or the recommendation to refuse.

Recommendation:- The officer recommendation remains to refuse.

Application for change of use from light industrial (B1) to a dance studio (D2).

Notwithstanding the officer’s recommendation that permission be refused, members felt that the dance school was a successful and growing business that provided an important community facility and should be supported and that it provided employment. They felt the circumstances surrounding the change of use were exceptional. Members suggested, however, that if the applicant should move the business away from the premises, the use should revert back to B1.

It was moved by Councillor Cartwright and seconded by Councillor Allen that permission be granted subject to conditions, including a personal condition, the detail of which be delegated to officers. Upon being put to the vote the motion was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to conditions, including a personal condition requiring the cessation of the use when the premises ceases to be occupied by the applicant;

(ii)           Conditions be delegated to the Interim Head of Planning.

Application for erection of 8 dwellings, formation of community open space and associated landscaping and access

Late items:

Consultations:-

The Borough Council's Arboricultural Officer has assessed the submitted Pre-liminary Tree Assessment and has identified trees within and around the site that he considers to be the more significant.

Appraisal:-

Biodiversity

The Borough Council's Arboricultural Officer has assessed the submitted Preliminary Tree Assessment. Whilst a number of trees within the site are to be lost, a majority of the trees that are considered to significant are within or adjacent to the hedgerows along the west and south boundaries of the site and are to be retained. As stated in the main agenda report, there is adequate scope within the proposed public open space for mitigation tree planting for those higher quality trees that would not be retained within the scheme. A condition requiring the submission of a landscaping scheme for prior approval has been included within the main agenda report recommendation.

Affordable Housing

Following independent assessment of the proposed affordable housing contribution, the commuted sum for off-site affordable housing has been reduced to £367,812 to take into account errors identified by the consultants within the original commuted sum calculations.

Recommendation:-

Amend recommendation to:

1.1.      Grant planning permission subject to:

•           The prior completion of a S106 agreement to secure the following obligations:

•           a commuted sum of £367,812 for off-site affordable housing contribution;

•           play and open space contribution of £2,528.64 for off-site equipped children’s play space;

•           Provision and future management and maintenance of on-site public open space

•           Planning conditions outlined at the end of the original committee report.

1.2.      That the Interim Head of Planning be given powers to determine the final detail of planning conditions.

1.3.      That the Interim Head of Planning be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Application for erection of eight dwellings, formation of community open space and associated landscaping and access.

Whilst in support of the recommendation, members expressed disappointment that the road may not be adopted and asked that the concern be recorded. Concern was also expressed about the loss of hedgerow and the height of plot 1. It was moved by Councillor Cartwright, seconded by Councillor Allen and

RESOLVED –

(i)            permission be granted subject to:

a.    prior completion of a S106 to secure the following obligations:

·         a commuted sum of £367,812 for off-site affordable housing contribution;

·         play and open space contribution of £2,528.64 for off-site equipped children’s play space;

·         provision and future management and maintenance of on-site public open space

b.    conditions contained within the officer’s report

c.    additional conditions to address the concerns of members as expressed above, the formulation of which be delegated to officers

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

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

Application for erection of detached dwelling and a new vehicular access.

Late items:

Consultations:-

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.

Appraisal:-

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 officer’s recommendation remains unchanged from the agenda report.

Application for erection of detached dwelling and a new vehicular access.

Councillor Morrell left the meeting at this point.

Whilst generally in support of the officer’s recommendation, members felt that the landscaped area should be extended to the length of the boundary. It was moved by Councillor WJ Crooks, seconded by Councillor Walker and

RESOLVED – permission be granted subject to the conditions in the officer’s report and an additional condition in relation to the extension of the landscaped area, the wording of which be delegated to the Interim Head of Planning.

Application for erection of 10 no. dwellings and 2 no. flats (100% Affordable Scheme).

Late items:

Consultations:- Since the printing of the agenda there have been five additional comments from local residents who are opposed to the scheme for the following reasons;

    1)        Lack of parking

    2)        Over-development of the site

    3)        Loss of green space

    4)        No infrastructure within the village to support the scheme

    5)        Access to the QEII park will be restricted

    6)        Access to Station Road is dangerous due to on-going speeding problems

Appraisal:- The objections raised are similar to those received throughout the lifetime of this application and all the above points have been addressed within the committee agenda report.

The officer’s recommendation remains unchanged from the agenda report.

Application for erection of ten dwellings and two flats (100% affordable scheme).

Notwithstanding the officer’s recommendation that permission be granted, members were not satisfied that the design, layout and access were appropriate and felt that the proposal was contrary to DM10. It was moved by Councillor Bray, seconded by Councillor WJ Crooks and

RESOLVED – permission be refused due to the proposed development being contrary to policy DM10 for reasons of design, layout and access.

Councillor O’Shea left the meeting at this point.

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, members felt that the change of use would have a detrimental impact on neighbours, particularly the occupiers of number 144. The committee considered the impact of the Public Sector Equality Duty under section 149 of the Equality Act 2010 and its application both to the proposed occupiers of 146 and the existing occupiers of 144 and concluded that the impact on 144 would tip that balance in favour of a refusal. It was therefore moved by Councillor Roberts and seconded by Councillor Cartwright that permission be refused. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused due to the likely detrimental impact on the neighbouring amenity, specifically number 144, contrary to policy DM10.

Application for demolition of existing garage and the erection of one dwelling, with associated parking and amenity space (Outline - access and layout).

Application for demolition of existing garage and the erection of one dwelling with associated parking and amenity space (outline – access and layout).

It was moved by Councillor RG Allen and seconded by Councillor CM Allen that members be minded to refuse permission due to the adverse impact on neighbours contrary to policy DM10 and being outside of the settlement boundary. Upon being put to the vote, the motion was LOST.

It was subsequently moved by Councillor Bray, seconded by Councillor Lynch and

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

Application for demolition of existing buildings and erection of 4 dwellings (revised scheme).

Application for demolition of existing buildings and erection of four dwellings (revised scheme).

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

RESOLVED – permission be granted subject to the conditions contained in the officer’s report and delegation of powers to determine the final detail of planning conditions to the Interim Head of Planning.

Application for conversion of existing garage to form habitable room and new pitched roof to front.

Application for conversion of existing garage to form habitable room and new pitched roof to front.

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

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

Application for part demolition and conversion of existing factory to 4 apartments and erection of 4 new houses and 9 new apartments.

Late items:

Consultations:-

Notwithstanding the initial response on behalf of NHS England that confirmed that no healthcare facility contributions would be requested in respect of this development, an additional response has been received on behalf of University Hospitals Leicester. The latest response seeks a contribution of £5,784.00 towards the gap in funding for healthcare facilities for each potential patient from the development in respect of accident and emergency and planned care. Detailed explanation, calculation and justification have been provided to support the request.

Appraisal:-

Infrastructure contributions

A new contribution request of £5,784.00 has been received in respect of healthcare facilities to mitigate the potential impact on such facilities from the occupiers of the proposed development. In this case, the planning application was supported by an affordable housing viability report which has been independently assessed on behalf of the local planning authority. The independent assessment concludes that the scheme cannot sustain any affordable housing or section 106 infrastructure contributions and therefore no such contributions have been pursued from the development in this case.

Recommendation:-

Minded to approve subject to:

·         Planning conditions outlined at the end of Appendix A to the agenda report.

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.

The applicant had appealed non-determination and therefore the authority could not determine the application. Members were required to note what their decision would have been if they had powers to determine the application. This information would be passed onto the Planning Inspectorate.

Councillor Roberts, seconded by Councillor RG Allen, proposed that members be minded to refuse permission due to the access being unsuitable and the impact upon pedestrians and cyclists. Upon being put to the vote, the motion was LOST on the casting vote of the chairman.

It was subsequently moved by Councillor Bray, seconded by Councillor Hollick and upon the casting vote of the chairman

RESOLVED – the Planning Inspectorate be notified, in relation to the appeal, that if the committee had been in a position to determine the application it would have approved the application subject to the conditions contained within the officer’s report.

To report on progress relating to various appeals.

Consideration was given to a report on progress in relation to various appeals. It was

RESOLVED – the report be noted.