Agenda and minutes

Venue: De Montfort Suite - Hub

Contact: Rebecca Owen  Democratic Services Officer

Items
No. Item

207.

Apologies and substitutions

Minutes:

Apologies for absence were submitted on behalf of Councillors Bessant, Ladkin and Richards, with the substitution of Councillor Morrell for Councillor Richards authorised in accordance with council procedure rule 10.

208.

Minutes pdf icon PDF 30 KB

To confirm the minutes of the meeting held on 25 September 2018.

Minutes:

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

 

RESOLVED – the minutes of the meeting held on 25 September 2018 be confirmed and signed by the chairman.

209.

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:

No interests were declared at this stage.

210.

Decisions delegated at previous meeting

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

Minutes:

It was reported that the decision on application 18/00425/FUL had been issued.

211.

18/00680/FUL - Ashcroft, 4 Pipe Lane, Orton On The Hill pdf icon PDF 98 KB

Application for erection of 2 dwellings (re-submission of 18/00221/FUL).

 

‘Late items:’

 

Publicity:-

 

Further to the initial consultation, the application has since been advertised by placing a notice in the local press.

 

No further comments have been received as a result of the advertisement.

 

Conclusions:-

 

The conclusions and recommendation for approval, subject to conditions, outlined in the planning committee report stand.

Minutes:

Application for erection of two dwellings (re-submission of 18/00221/FUL).

 

Notwithstanding the officer’s recommendation that the application be approved, some members felt that the proposal was not in keeping with the character of the conservation area. It was moved by Councillor Morrell, seconded by Councillor Hall and

 

RESOLVED

 

(i)            the committee be minded to refuse permission and the application be brought back to a future meeting;

 

(ii)           the view of the conservation officer be sought.

 

Councillor Wright was absent during the vote.

212.

18/00302/FUL - Land South of Amber Way, Burbage pdf icon PDF 128 KB

Application for erection of 40 dwellings and associated infrastructure.

Additional documents:

Minutes:

Application for erection of 40 dwellings and associated infrastructure.

 

Following an indication at a previous meeting that members were minded to refuse permission, consideration was given to this application along with changes proposed since that meeting which included additional tree planting and aesthetic changes to the design of the houses.

 

Councillor Bill, seconded by Councillor Wright, proposed that by virtue of the layout, scale and design of the proposal it would not achieve a high quality development at a gateway to Hinckley and Burbage and would fail to complement or enhance the character of the surrounding area contrary to policy DM10 of the Site Allocations and Development Management Policies Development Plan Document (2016) and paragraphs 127 and 130 of the National Planning Policy Framework.

 

Further debate ensued in relation to the departure from the masterplan and the impact on the highway and the meeting adjourned at 7.45pm to allow members to draft an amendment to the motion. The meeting reconvened at 7.55pm.

 

An amendment was proposed by Councillor Hall and seconded by Councillor Bill that the application be refused on the following grounds:

 

-       The number of dwellings identified in the Sketchley Brook Master Plan (10/00518/OUT) would be exceeded resulting in an unsustainable development;

-       A scheme for solely residential development on this site reduces the deliverability of a mixed use scheme in accordance with allocation SA3 and the wider Master Plan which should include A class uses and D1 uses to provide community facilities;

-       The proposed layout, scale and design is not of a high quality at a gateway to Hinckley and Burbage;

-       Whilst it is appreciated that contributions towards mitigating highway impacts have been agreed, little evidence has been provided that the proposed mitigation would deliver a scheme to offset additional highway impacts on a major through route, compounded by the existing railway bridge.

 

This amendment was supported by Councillor Wright as seconder of the original motion.

 

Upon being put to the vote, the amendment was CARRIED and it was

 

RESOLVED – permission be refused on grounds of:

 

(i)            Unsuitable development;

 

(ii)           Conflict with the original Master Plan (10/00518/OUT) and Site Allocation Policy SA3 in not delivering community facilities;

 

(iii)          The layout, scale and design would not enhance the site nor be a fitting gateway to Hinckley or Burbage;

 

(iv)         Impact upon the highways network.

213.

18/00530/OUT - Land West of Breach Lane, Earl Shilton pdf icon PDF 82 KB

Application for erection of three dwellings (Outline - access only).

 

‘Late items:’

 

Consultations:-

 

A further neighbourhood comment has been received and raises the following additional points:-

 

1)         A letter to residents which share Breach Lane has been received, which is factually incorrect

2)         The un-adopted lane has served the proposed development site for many decades, and the site contains established rights of way within its title deeds. However as of the 2 August 2013 there is no mention of this, however a note was added on the 7 April 2017.

3)         Title deeds do not contain any reference to the lane, nor do they contain a right to use it. This is not true. Three statutory declaration dated Nov 1994

LT331691 21 March 2001 - The previous land registry entry prior to building the five properties has a note that the, registered proprietor claims that the land has the benefit of a right of way with or without vehicle's over and along the land tinted brown

LT344499 21 Mach 2001 - There is also a note in the current land registry entry that states, the registered proprietor claims that the land has the benefit of a right of way with or without vehicle's over and along the land tinted brown

4)         The letter identifies that the lane has not enjoyed 20 years or more… however it is 24 years since the three statutory declarations were done in November 1994

5)         We all have a right to use the lane.

 

Conclusions:-

 

The additional comments received does not alter the assessment of the application or the recommendation to planning committee. The conclusions and recommendation for approval, subject to conditions, outlined in the planning committee report stand.

 

Additional documents:

Minutes:

Application for erection of three dwellings (outline – access only).

 

Following the indication at a previous meeting that members were minded to refuse permission, consideration was given to this application. It was moved by Councillor Sutton, seconded by Councillor Surtees and

 

RESOLVED

 

(i)            permission be granted subject to:

 

a)            The conditions contained in the officer’s report;

 

b)            The completion of a Unilateral Undertaking to secure play and open space contributions and any other Community Infrastructure Levy (CIL) compliant obligations if the gross floor space of the resulting dwellings exceed 1000m2;

 

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

214.

18/00757/HOU - 18 Castlemaine Drive, Hinckley pdf icon PDF 58 KB

Application for single storey rear extension.

Minutes:

Application for single storey rear extension.

 

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

 

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

215.

Nailstone Colliery, Wood Road, Nailstone - Deed of Variation pdf icon PDF 48 KB

Report to outline a request that has been made to vary a signed Section 106 to planning application 06/00980/OUT, 10/00851/EXT and 14/00572/CONDIT to amend the off site highways works originally agreed.

 

Minutes:

Consideration was given to a request to vary a signed section 106 agreement to planning application 06/00980/OUT, 10/00851/EXT and 14/00572/CONDIT to amend the off site highway works originally agreed.

 

Councillor Hall left the meeting at 8.15pm.

 

Councillor Crooks informed members of discussions that had taken place with the highways authority in relation to the applicant funding a pinch point and proposed that the report be deferred for inclusion of this. Councillor Roberts seconded the motion and on being put to the vote, the motion was CARRIED and it was

 

RESOLVED – the report be deferred to request further information from the highways authority.

216.

Appeals progress pdf icon PDF 90 KB

To report on progress relating to various appeals.

Minutes:

Members received a report on progress in relation to appeals since the previous meeting.

 

RESOLVED – the report be noted.