Agenda and minutes

Planning Committee
Tuesday, 17 September 2019 6.30 pm

Venue: De Montfort Suite - Hub

Contact: Rebecca Owen  Democratic Services Manager Email: rebecca.owen@hinckley-bosworth.gov.uk

Items
No. Item

150.

Apologies and substitutions

Minutes:

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

151.

Minutes pdf icon PDF 85 KB

To confirm the minutes of the meeting held on 20 August 2019.

Minutes:

In considering the minutes of the previous meeting, Councillor WJ Crooks stated that, in relation to application 18/01288/FUL, he had moved that the ward councillor be consulted on final conditions. It was moved by Councillor Crooks, seconded by Councillor Bray and

 

RESOLVED – the minutes be approved subject to the abovementioned amendment and signed by the chairman.

152.

Declarations of interest

To receive verbally from Members any disclosures which they are required to make in accordance with the Council’s Code of Conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the agenda.

Minutes:

Councillors Lynch and Walker declared that they were members of Burbage Parish Council’s Planning Committee which had considered application 19/00619/OUT but stated that they had taken no part in the discussion or decision thereon.

153.

Decisions delegated at previous meeting

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

Minutes:

It was reported that all decisions had been issued with the exception of applications 18/01288/FUL and 19/00252/FUL which were subject to S106 agreements.

154.

19/00253/CONDIT - Crown Crest PLC, Desford Lane, Kirby Muxloe pdf icon PDF 241 KB

Application for variation of Condition 11 of planning permission 10/00332/FUL and planning permission 12/00313/CONDIT to extend the permitted days and hours during which deliveries can be taken at, or dispatched from, the site to: Mondays to Fridays (including Bank Holidays) 06.00 to 23.00; Saturdays 08.00 to 18.00 and Sundays 09.00 to 13.00.

 

‘Late items:’

 

Consultations:-

 

Leicestershire County Council (Highways) has issued the following position statement in respect of the application:

 

'Leicestershire County Council (LCC) as Local Highway Authority in its role as statutory consultee has responded to several consultations from Hinckley and Bosworth Borough Council (HBBC) on application 19/00253/CONDIT to vary condition 11 of planning permission 10/00332/FUL to extend the permitted days and hours during which deliveries can be taken at Crown Crest PLC, Desford Lane, Kirby Muxloe.  When reviewing the application, all submitted information has been considered, including a review of a supporting Transport Statement containing survey information.  The advice provided has remained consistent.  This advice is that it cannot be demonstrated that the proposed variation of condition would have a severe impact on the public highway, or be detrimental to highway safety.

 

As part of our review of the planning application we have considered monitoring information including that submitted by Kirby Muxloe HGV Action Group to HBBC.  In Observations dated 2nd August 2019, we advised that the information does not change the advice provided given that there are no planning conditions on the Crown Crest site that restrict the number of HGV movements or designated route choice.

 

LCC have received a number of representations from residents of Kirby Muxloe and Markfield in respect of the impact of this application on residential amenity.  Some of these representations have included requests for survey information on the functioning of the local highway network.  LCC continually monitors the local road network and any route that shows evidence of an escalating safety or congestion issue will undergo further investigation. These requests for information do not relate directly to this planning application and have been responded to separately.'

 

Neighbour Consultation

 

An additional 15 objection letters have been received, 5 of which are from additional separate addresses to those reported in the main agenda. The additional letters raise the same issues reported in the main agenda report.

 

A petition on behalf of Kirby Muxloe HGV Action Group has been submitted containing 1121 signatures of Kirby Muxloe residents objecting to any change of conditions of operation by Crown Crest. The petition states that:

 

'We the undersigned residents of Kirby Muxloe, strongly oppose the application by Crown Crest to increase the number of days and hours of their operation. We believe that the change of conditions is unreasonable and that the existing level of HGV traffic through our village already exceeds what was predicted, is excessive, is a clear violation of our amenities and causes disturbance, noise and air pollution which are detrimental to our health and well-being.'

 

The Kirby Muxloe HGV Action Group have also submitted additional annotated images of HGV lorries passing through the village  ...  view the full agenda text for item 154.

Minutes:

Application for variation of condition 11 of planning permission 10/00332/FUL and planning permission 12/00313/CONDIT to extend the permitted days and hours during which deliveries can be taken at, or dispatched from, the site to: Mondays to Fridays (including bank holidays) 06:00 to 23:00; Saturdays 08:00 to 18:00 and Sundays 09:00 to 13:00.

 

In introducing the report, it was explained that since the report was published, the applicant had lodged a planning appeal on the grounds of non-determination of the application. As such, the application could not now be determined by the Planning Committee but the committee must consider the proposal and determine what the outcome of the application would have been, had it been able to determine the application.

 

It was moved by Councillor MJ Crooks and seconded by Councillor Findlay that the Planning Inspectorate be notified that planning permission should be refused for the reason contained in the officer’s report.

 

Councillor Bray, seconded by Councillor Cartwright, moved that a request to officers be added to strongly press for a public inquiry in response to the appeal lodged. The mover and seconder of the original motion accepted this amendment which was therefore adopted as the substantive motion and it was unanimously

 

RESOLVED

 

(i)            The Planning Inspectorate be notified that permission should be refused for the reason contained in the officer’s report;

 

(ii)           Officers press strongly for the appeal to be heard by way of a public inquiry.

 

Councillors Lay, O’Shea and Webber-Jones left the meeting at 7.22pm.

 

The meeting adjourned at 7.22pm to allow those wishing to leave the public gallery to do so, and reconvened at 7.28pm.

155.

19/00625/DEEM - Ambion Court, Southfield Way, Market Bosworth pdf icon PDF 226 KB

Application for demolition of the existing sheltered flats and the construction of 24 sheltered flats (for the over 60s) and three bungalows with associated car parking and landscaping.

 

‘Late items:’

 

Amendment to condition 5

 

5. No development shall take place until a scheme of hard and soft landscaping including boundary treatments and replacement tree planting along with a implementation scheme, has been submitted to and approved in writing by the local planning authority.  The scheme shall be carried out in full accordance with the approved details prior to the first occupation of the development.  The soft landscaping scheme shall be maintained for a period of five years from the date of planting.  During this period any trees or shrubs which die or are damaged, removed, or seriously diseased shall be replaced by trees or shrubs of a similar size and species to those originally planted or those that are agreed in writing by the Local Planning Authority.

 

Reason: To ensure that the development has a satisfactory external appearance in accordance with Policies DM4 and DM10 of the Site Allocations and Development Management Polices Development Plan Document (2016)

 

Additional Note to Applicant

 

3. Any Building Regulations application should include methods for energy efficiency in construction as set out in the Design and Access Statement.

 

Minutes:

Application for demolition of the existing sheltered flats and the construction of 24 sheltered flats (for the over 60s) and three bungalows with associated car parking and landscaping.

 

Councillor Bray, seconded by Councillor Cartwright, proposed that the officer’s recommendation be supported and that a note to applicant be added to request significant tree planting to replace those lost. Upon being put to the vote, the motion was CARRIED and it was unanimously

 

RESOLVED

 

(i)            Planning permission be granted subject to:

 

a.    The prior completion of a S106 agreement to secure obligations to affordable rented dwellings;

b.    The submission of bat activity surveys and any necessary mitigation proposals;

c.    Planning conditions outlined in the officer’s report.

 

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

 

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

 

(iv)         A note to applicant be added requesting significant tree planting to replace those lost.

156.

19/00619/OUT - 8 Crossways, Burbage pdf icon PDF 175 KB

Application for erection of one dwelling and garage (outline - all matters reserved).

Minutes:

Application for erection of one dwelling and garage (outline – all matters reserved).

 

It was moved by Councillor Allen, seconded by Councillor Boothby and unanimously

 

RESOLVED

 

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

 

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

157.

Planning Enforcement Update pdf icon PDF 192 KB

To provide an update to Members on the number of active and closed enforcement cases within the borough.

Minutes:

Members received an update in relation to enforcement cases. It was moved by Councillor Bray, seconded by Councillor Crooks and

 

RESOLVED – the report be noted.

158.

Appeals progress pdf icon PDF 34 KB

To report on progress relating to various appeals.

Minutes:

The committee received an update on progress in relation to various appeals. It was moved by Councillor Allen, seconded by Councillor Roberts and

 

RESOLVED – the report be noted.