Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Bessant, Bill, Richards and Wright, with the following substitutions authorised in accordance with council procedure rule 10:

Councillor Bray for Councillor Bill;

Councillor Morrell for Councillor Richards.

To confirm the minutes of the meeting held on 3 July 2018.

On the motion of Councillor Crooks, seconded by Councillor Roberts, it was

RESOLVED – the minutes of the meeting held on 3 July be confirmed and signed by the chairman.

Councillor Morrell declared a personal interest in item 7.

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 17/01330/FUL which was subject to a S106 agreement.

Application for erection of one dwelling (outline – access only).

‘Late items:’

Appraisal:-

Since the publishing of the Committee Extract, the National Planning Policy Framework (NPPF) (2018) has been published.

Paragraph 12 of the NPPF states that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise, with a presumption in favour of sustainable development set out in Paragraph 11. Paragraph 12 of the NPPF states that the development plan is the starting point for decision making with the NPPF also a material consideration in determining applications.

Paragraph 32 has been replaced by Paragraphs 108 and 109 of the NPPF, which state that a safe and suitable access to sites should be achieved and that development should only be refused on transport grounds where the residual cumulative impacts of development are severe.

The proposed development of one dwelling would still be in accordance with Policy DM1 of the SADMP and the overarching principles of the NPPF (2018) subject to all other planning matters being satisfactorily addressed. The assessment of all other material planning considerations is contained within the committee extract and no new material planning considerations have arisen.

It is therefore recommended that outline planning permission be granted, subject to conditions.

Erection of one dwelling (outline – access only).

Notwithstanding the officer recommendation that permission be granted, Councillor Cook proposed that permission be refused on highway safety grounds. In the absence of a seconder, the motion was not put.

Councillor Bray proposed that the decision be deferred for further enquiries with the highways authority. In the absence of a seconder, the motion was not put.

Councillor Ladkin, seconded by Councillor Roberts, proposed that permission be granted subject to the conditions contained in the officer’s report.

Councillor Ward proposed an additional condition requiring a site management plan to assist in managing site traffic. The amendment was supported.

RESOLVED – Permission be granted subject to the conditions contained in the officer’s report and an additional condition requiring a site management plan.

Application for demolition of care home building and erection of up to 20 dwellings including conversion of former chapel to dwelling and associated access, drainage and landscaping works (in part).

‘Late items:’

Appraisal:-

Paragraph 8.2 - substitute reference to paragraphs 11 and 13 of the NPPF (2012) with reference to paragraph 2 of the NPPF (2018).

Paragraph 8.5 - delete and replace with - Following publication of the Inspectors appeal decision on 'Land east of The Common, Barwell' (reference APP/K2420/W/17/3188948) on 23 July 2018, the Council is currently able to demonstrate a 5.5 years housing land supply (reduced from 5.74 years). However, the development plan policies relating to the supply of housing are now considered to be out-of-date and therefore the presumption in favour of sustainable development within paragraph 11 of the NPPF (2018) is triggered.

Paragraph 8.11 - substitute reference to paragraph 17 of the NPPF (2012) with reference to section 11 of the NPPF (2018) which seeks to make effective use of land, in particular that which has been previously developed.

Paragraph 8.40 - substitute reference to paragraphs 128 and 141 of the NPPF (2012) with reference to paragraphs 189 and 199 of the NPPF (2018).

Paragraph 8.43 - substitute reference to section 12 of the NPPF (2012) with reference to section 16 of the NPPF (2018).

Paragraph 8.77 - substitute reference to paragraph 7 of the NPPF (2012) with reference to paragraph 8 of the NPPF (2018).

Paragraph 10.1 - Following publication of the Inspectors appeal decision on 'Land east of The Common, Barwell' (reference APP/K2420/W/17/3188948) on 23 July 2018, the Council is currently able to demonstrate a 5.5 years housing land supply. However, the development plan policies relating to the supply of housing are now considered to be out-of-date and therefore the presumption in favour of sustainable development within paragraph 11 of the NPPF (2018) is triggered.

Paragraph 10.3 - substitute reference to paragraph 17 of the NPPF (2012) with reference to section 11 of the NPPF (2018).

Additional paragraph:

The proposal has been considered and re-assessed against the overarching principles contained within the new National Planning Policy Framework (2018) and it is considered that the relevant paragraphs are not significantly different to the relevant sections of the 2012 Framework. Notwithstanding the conflict with Policy DM4 of the adopted SADMP, by virtue of the significant public benefits identified and for the reasons detailed in the main report, the proposal is considered to be a sustainable development in this case.

Recommendation:-

Reasons to conditions 8 and 9 - substitute reference to section 12 of the NPPF (2012) with reference to section 16 of the NPPF (2018)

Reasons to condition 15 - substitute reference to paragraph 118 of the NPPF (2012) with reference to paragraph 175 of the NPPF (2018)

Reasons to conditions 17, 18, 19 and 20 - substitute reference to paragraph 32 of the NPPF (2012) with reference to paragraph 109 of the NPPF (2018).

Demolition of care home building and erection of up to 20 dwellings including conversion of former chapel to dwelling and associated access, drainage and landscaping works (in part).

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

RESOLVED –

(i)            Planning permission (access only) be granted subject to:

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

·         A commuted sum of £354,000 for off-site affordable housing provision in lieu of 40% on site provision

·         Education facilities contribution of £130,538.02

·         Health facilities contribution of £5,512.32

·         Permanent future management and maintenance of the woodland and natural landscaping buffer (estimated cost £110,000)

b.    The conditions outlined in the officer’s report and late items;

(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 section 106 planning obligation including trigger points and claw back periods.

To report on progress relating to various appeals.

The committee received an update on progress in relation to various appeals. In response to a member’s question, it was noted that a start date was awaited for the appeal for Gnarley Farm, Ashby Road, Osbaston.

In relation to the Big Pit, the inspector had requested written representations and not a public inquiry but this would not be confirmed until the case had been allocated to an inspector, which could be several months away.

A member thanks officers for their work on the appeal by Gladman Developments Limited on land east of The Common, Barwell.

RESOLVED – the report be noted.