Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Bill, Crooks and Smith, with the substitution of Councillor Cartwright for Councillor Bill authorised in accordance with council procedure rule 10.

To confirm the minutes of the meeting held on 20 November 2018.

It was moved by Councillor Witherford, seconded by Councillor Sutton and

RESOLVED – the minutes of the meeting held on 20 November 2018 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 noted that decisions in relation to applications 18/00680/FUL, 18/00843/FUL and 18/00805/FUL had been issued.

Application for hybrid planning application comprising outline permission (access, scale and landscaping) for the erection of up to 5000 sqm of B8 storage and full permission for extension to existing manufacturing unit (B2/B8) with associated access, landscaping and drainage works.

‘Late items:’

Introduction:-

An amended plan has been submitted which indicates the position of the existing access on the Proposed Site Layout and Sections plan, for clarification.

Consultations:-

An additional consultation response has been received from Markfield Parish Council raising the following comments which have not been raised previously:-

1)         The extension is into open countryside

2)         Proper safeguarding has not been demonstrated for adjoining neighbours regarding the escalation in activity

3)         Failure to recognise the detrimental noise impact and increased vehicular activities

4)         Presently working hours are limited, the proposal suggests operations would be 24/7, causing loss of amenity

5)         Moving bunding and mature hedges at the present entrance is unacceptable and will expose residents while new screening is installed

An additional consultation response has been received from Cllr. M. Lay raising the following comments which have not been raised previously:-

1)         Presently works are not taking place 24/7 7 days a week and never have. This application will introduce new manufacturing on site and a potential to ramp up activity in a single site all hours all days without limit

2)         Just the vehicle movements alone will cause a loss of amenity but the additional and new manufacturing activity on Sundays, Bank Holidays and night time’s will be a huge detriment to local people

3)         The moving of the bunding and the fully grown hedges at the present entrance is unacceptable and will expose residents to the operations while new screening is installed and hedges grow again. This is unacceptable and fully avoidable

4)         I also remain concerned that the entrance further up on the new development is still unsatisfactory but recognise this is a highways matter

Appraisal:-

The amended plan is for clarification and does not alter the assessment of the access already made; or change the recommendations of the report.

The concerns raised in the additional comments have been addressed in the report to Committee. LCC (Highways) do not object to the application as set out in the Committee report.

Recommendation:-

The recommendations to committee have not changed from the original report subject to amended conditions below;

1.         The Development shall be carried out in accordance with the submitted plans and details in the following schedule:-

Site Location Plan Dwg. No. 7627-03-001 Rev C received on 12 November 2018.

Landscape Strategy Dwg. No. 18.1352.002 Rev A received on 12 November 2018.

Proposed Site Plan and Sections Dwg. No.7627-03-004 Rev F received on 13 December 2018.

Access Design 22614_08_020_01 Rev E received on 12 November 2018

Access Design 22614_08_020_03 Rev A received on 12 November 2018

Flood Lighting Scheme LL1034/001 Rev A received 7 November 2018.

Tree Protection Plan Dwg. No. 18.1352.003 submitted received on 28 June 2018

Proposed  ...  view the full agenda text for item 325.

Hybrid planning application comprising outline permission (access, scale and landscaping) for the erection of up to 5000 sqm of B8 storage and full permission for extension to existing manufacturing unit (B2/B8) with associated access, landscaping and drainage works.

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

RESOLVED –

(i)            Permission be granted subject to:

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

·         £64,582.80 towards improvements along the A511, specifically the A511/B591 junction (flying horse) and the A511/B585 junction

·         £3,500 per stop to the two nearest stops for bus stop improvements (to allow level access)

·         £5,500 per stop to the two nearest stops for Real Time Information systems

·         £6,000 monitoring fee for Leicestershire County Council to support the Travel Plan Co-ordinator

b.    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 details of the 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 change of use to vehicle repair garage (Use Class B2).

Application for change of use to vehicle repair garage (use class B2).

It was moved by Councillor Sutton, seconded by Councillor Richards and

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

Application for widened vehicular access and new driveway (resubmission of 17/00271/FUL).

‘Late items:’

Introduction:-

A landscaping plan has been submitted in support of the application, which identifies a new native hedgerow to the north west boundary as well as a 1.1 metre high wooden post and rail fence. The plan is identical to the previously approved landscaping plan.

Consultations:-

A significant number of additional objections have been received from one address raising the following concerns:-

1)         Inaccuracies of the submitted application plan in relation to the measurements on the ground

2)         Inaccuracies of the measurements undertaken by Leicestershire County Council Highways department stated within their response

3)         Proposal would not be able to be completed on the ground without encroaching onto neighbouring land

4)         Development would result in a new separate access, something which has previously been refused

5)         Development could also result in a large layby, 23 metres in width

6)         Lack of room to complete the development in accordance with the requirements of Leicestershire County Council

7)         Inaccurate plotting of the neighbouring fence on the site plan

A Chartered Surveyors Report and a Satellite Topography Report have been submitted in support of the above objections.

Appraisal:-

The submission of the landscaping plan is acceptable and ensures the impact of the development upon the character of the countryside is mitigated.

All comments regarding the accuracies of the plans, land ownership disputes, encroachment onto neighbouring land and concerns that the development could not be completed in line with LCC Highways findings have been assessed in the committee extract. It is not considered that the development would result in any adverse impacts upon highway safety.

Recommendation:-

Following the submission of the landscaping plan, the recommendations to Planning Committee do not alter from committee extract and is recommended for approval subject to an amendment to conditions 2 and 6 to take into account the additional plan.

2.         The development hereby permitted shall not be carried out otherwise than in complete accordance with the submitted application details, as follows:-

Location Plan drg. no. 18/52 03A

Proposed Access – Site drg. no. 18/52 04A

Proposed Access drg. no. 18/52 02D

received by the Local Planning Authority on 18 October 2018

Retained Access Arrangement drg. no. F16054/08 Rev A

received by the Local Planning Authority on 23 October 2018

Proposed Hedge Specification drg. no. KL.353.001 Rev. 0

received by the Local Planning Authority on 12 December 2018

Reason: To ensure a satisfactory impact of the development to accord with Policies DM1, DM10 and DM17 of the Site Allocations and Development Management Policies Development Plan Document.

6.         The hard and soft landscaping scheme shall be carried out in accordance with the approved Proposed Hedge Specification drg. no. KL.353.001 Rev. 0 received by the Local Planning Authority on 12 December 2018. All planting, seeding or turfing shall be carried out during the first planting and seeding season (October - March  ...  view the full agenda text for item 327.

Application for widened vehicular access and new driveway (resubmission of 17/00271/FUL).

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

RESOLVED –

(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 powers to determine the final detail of the planning conditions.

Application for erection of a two storey 4 bedroom dwelling.

‘Late items:’

Introduction:-

Since the publication of the committee report, additional information has been received.

Additional Information:-

A further letter has been received from the applicant’s agent. The letter is accompanied by an Outline Landscape and Visual Appraisal with an Executive Summary. The letter raises the following items:-

1)         The Outline Landscape and Visual Appraisal demonstrates that the site cannot, by any reasonable definition, be considered “open countryside”

2)         The site has a very specific set of characteristics as a result of its enclosed nature and does not ‘bleed’ into the wider countryside or set a precedent for further development outside the settlement boundary

3)         The proposal is in line with Policy DM4 and its objectives and is located in a sustainable location

4)         The proposal would ‘round off’ the edge of the village and is suitable for residential development

5)         44 local Burbage addresses have supported the proposal

6)         The report should make reference to the proposal representing self-build which is a material consideration.

Appraisal:-

With regards to the proposal relating to a self-build the Planning Practice Guidance (PPG) states that HBBC must “give suitable development permission to enough suitable serviced plots of land to meet the demand for Self Build and Custom Build in its area” and that the “level of demand is established by reference to the number of entries added to HBBC’s Register during a base period.”

The applicant has been added to HBBC’s Register for the first base period which ended on 30 October 2016. The Council has 3 years from that date in which to permission an equivalent number of plots of land which are suitable for Self Build and Custom Build. The Council is currently working on a Local Plan Review which will include the Self Build and Custom Build policy and the monitoring of permissions of self-build plots. It is highly likely that sufficient suitable permissions have already been granted in the Borough since 2016, nevertheless, any individual applications need to be considered against the development plan and national policies in line with the definitions of ‘suitable development permission’ and ‘serviced plots’ from the Act/PPG. It is considered that this site would provide a suitable serviced plot of land for residential development.

As such, the recommendations to committee have not changed from the original report.

APPENDIX A

LATE ITEM FROM 20 NOVEMBER 2018 COMMITTEE MEETING

ITEM 15          18/00903/FULMr & Mrs Mottram

Site:- Land Adjacent 166, Sapcote Road, Burbage

Proposal:- Erection of a two storey 4 bedroom dwelling

Introduction:-

Amended plans were submitted which reduced the application site area, relocated the dwelling to the western boundary of the site and attached the garage to the dwelling. These plans have already been considered in the original report to committee. However, the public consultation period for submission of comments on these plans extended beyond the deadline for the preparation of the committee report. Since the publication of the committee  ...  view the full agenda text for item 328.

Application for erection of a two storey, four bedroom dwelling.

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Hall and seconded by Councillor Lynch that permission be refused due to the harm to the intrinsic character of the countryside which would be contrary to policy DM4. Upon being put to the vote, the motion was LOST.

It was subsequently moved by Councillor Sutton, seconded by Councillor Richards and

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

Application for erection of 7 dwellings with associated access (resubmission of 16/00270/FUL).

‘Late items:’

Consultations:-

An additional neighbour letter has been received raising the following comments:-

1)          The application should take into account the material considerations stated in the NPPF and the previous appeal decisions on the site dating back to 1986 and 1987

Appraisal:-

The material considerations of the NPPF have been taken into account during the assessment of the application.

In respect of the previous appeal decisions, the development has had regard to the most recent previous appeal decision in 2017. The previous appeal decision in 2017 is very similar to the scheme proposed through this application and as such is more relevant than the older appeal decisions within 1986/87.

Notwithstanding the above, as stated within the committee extract, it is considered that the proposed development would overcome the most recent appeal decision and the previous appeal decisions as a result of the mitigation measures proposed through this application. Overall the development would not have any severe adverse impact upon the occupiers of no. 12 in respect of overlooking, overbearing or overshadowing.

Recommendation:-

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

APPENDIX A

Planning Committee 20 November 2018

Report of the Interim Head of Planning

Planning Ref:   18/00827/FUL

Applicant:         Mr & Mrs P & T Grant-Reason

Ward:                 Hinckley Trinity

Site:                    Newhaven 12 Wykin Road Hinckley

1.               Recommendations

1.1.           Grant planning permission subject to:

·                Planning conditions outlined at the end of this report.

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

2.               Planning Application Description

2.1.           This application seeks planning permission for the erection of 7 dwellings and a new garage to serve the existing property on land to the rear of no. 12 Wykin Road, Hinckley. Access would be constructed adjoining Wykin Road and pass the existing property to the east.

2.2.           This application is a resubmitted scheme from a previously refused application (reference 16/00270/FUL). The previous application was dismissed at appeal on the grounds of the adverse impact upon the residential amenity of the occupiers of no. 12 in respect of noise and disturbance from vehicles.

2.3.           This revised submission includes no. 12 within the red line application site boundary, indicates the existing windows on the side elevation of no. 12 as being blocked up and a new 1.2 metre high garden wall to the front and a new 1.8 metre high garden wall to the rear of no. 12. All other aspects are very similar to the previous scheme.

3.               Description of the Site and Surrounding Area

3.1.           The application site is located within the settlement boundary of Hinckley. The area is characterised by primarily residential development. Wykin Road to the south of the site is bounded by residential development fronting the road comprising a mix of dwelling  ...  view the full agenda text for item 329.

Application for erection of seven dwellings with associated access (resubmission of 16/00270/FUL).

It was moved by Councillor Sutton, seconded by Councillor Surtees and

RESOLVED –

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

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

To report on progress relating to various appeals.

Members received an update in relation to appeals. A member thanked officers for their work on the successful appeals.