Agenda and draft minutes

Apologies for absence were submitted on behalf of Councillor Smith.

To confirm the minutes of the meeting held on 9 April 2024.

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

RESOLVED – the minutes of the meeting held on 9 April be confirmed as a correct record.

Councillor Crooks stated that she sat on Newbold Verdon Parish Council during consideration of application 23/01112/FUL but didn’t take part in the debate.

Councillor Hollick declared a personal interest as a customer of the Stamford Arms (applications 24/00121/FUL and 24/00122/LBC).

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

It was reported that all decisions had been issued with the exception of the decisions on applications 23/01000/FUL and 24/00068/FUL which were subject to a section 106 agreement and application 23/01204/REM which was awaiting highways sign-off.

Application for construction of five detached dwellings with associated garages, parking provision, access and landscaping.

Application for construction of five detached dwellings with associated garages, parking provision, access and landscaping.

An objector and the applicant spoke on this application.

It was moved by Councillor R Allen and seconded by Councillor Flemming that permission be granted. Councillor C Allen suggested adding a condition to require provision of full fibre broadband. Councillor R Allen and Councillor Flemming subsequently amended their motion to include the additional condition. The motion as amended was put to the vote and it was

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report and additional condition requiring provision of full fibre broadband;

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

Application for change of use from café (class E(b)) and residential (class C3) to convenience foodstore (class E(a)), construction of single storey side extension, two storey and single storey rear extension (following the demolition of existing single storey element to rear of 37 High Street / 2A Main Street and store to rear of public house) with associated landscaping and other works.

Late items received after preparation of the main agenda:

1.1.        Since the publication of the agenda an additional plan has been received dated the 2^nd May 2024;

Existing Site Plan with Proposed Access Overlay

Application for change of use from café (class E(b)) and residential (class C3) to convenience foodstore (class E(a)), construction of single storey side extension, two storey and single storey rear extension (following the demolition of existing single-storey element to rear of 37 High Street / 2A Main Street and store to rear of public house) with associated landscaping and other works.

An objector, the agent and two ward councillors spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, concern was expressed about traffic, impact on neighbours, the location of the delivery bay and proximity to 2A, and proposed delivery times on Sundays and bank holidays. It was moved by Councillor Bray and seconded by Councillor R Allen that the item be deferred for further discussions with the highways authority, to seek confirmation from Environmental Health with regards to further conditions, to ask the applicant to consider the location of the delivery bay and to reconsider delivery times on Sundays and bank holidays to reduce disturbance to residents. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred for the abovementioned reasons.

Application for variation of condition 2 (approved plans) of planning application 15/00678/REM (part retrospective).

Late items received following preparation of main agenda:

Recommendation:-

1.1.       Following publication of the report there are a number of clarifications required as follows:

To add to paragraph 2.3, it should be pointed out that the trees to the rear of the site between the gardens and the industrial premises to the north are covered under Tree Protection Order. The Order was made in 1997 and protects the mainly leylandii and some pine trees. It is considered necessary to add the following planning condition.

Prior to commencement of the outbuilding, an Arboricultural Method Statement prepared by a suitably qualified arboriculturist shall be submitted to and approved in writing by the Local Planning Authority. The statement shall include full details of the technical structural engineering design and specification of the proposed outbuilding in relation to critical roots of the adjacent TPO trees. The development shall then be implemented in strict accordance with the approved Arboricultural Method Statement and no tree shall be damaged as a result of construction works.

Reason: To ensure that adjacent TPO trees are retained and adequately protected during and after construction in the interests of the visual amenities of the area and biodiversity in accordance with Policies DM6 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

1.2.       For clarity, planning permission is often not required for an outbuilding within a garden where it is used for a purpose incidental to the main dwellinghouse and where it complies with the size limits set out in the Town and Country Planning General Permitted Development Order. Key to the use of the outbuilding is that it has to be incidental to the main dwelling. This means, for example, that an outbuilding cannot provide independent, self-contained, accommodation and cannot be used for commercial purposes.

1.3.       It is important to point out that the drawing approved under application 15/00678/REM showed the two adjacent dwellings having the same eaves and ridge height as the proposed dwelling. This was not the case, and the two adjacent dwellings should have accurately been shown as having significantly lower eaves and ridge heights. Contrary to what is stated at paragraph 8.5 the as built dwelling is only approximately 0.2m taller than the dwelling approved under 15/00678/REM with the discrepancy in the respective heights being mainly attributable to the inaccuracy of the height of the adjacent dwellings. It should be noted that application 15/00678/REM had a different applicant and agent than the current application.

1.4.       No further late items have been received.

Application for variation of condition 2 (approved plans) of planning application 15/00678/REM (part retrospective).

A ward councillor spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, concern was expressed about the impact on trees and neighbours. It was moved by Councillor Gibbens and seconded by Councillor Lynch that the application be deferred for a site visit. Councillor Bray requested that, whilst not planning matters, the complaints raised by residents be referred to the relevant service within the council. Councillor Gibbens and Councillor Lynch amended their motion to include the request. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            The item be deferred for a site visit;

(ii)          The complaints raised by residents be referred to the relevant service.

Application for change of use from a place of worship (class F1) to a private medical (physiotherapy) practice (class E).

This application was deferred at a previous meeting, therefore no public speaking is permitted in accordance with the council’s constitution.

Application for change of use from a place of worship (class F1) to a private medical (physiotherapy) practice (class E).

A ward councillor spoke on this application.

It was moved by Councillor Bray and seconded by Councillor R Allen that permission be granted. It was also requested that a note to applicant be added to encourage car sharing. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

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

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

(iii)         A note to applicant to encourage car sharing be added.

Application for erection of four golf holiday lodges and associated works.

List of late items received after preparation of the main agenda:

Introduction:-

1.1.       In order to aid Member’s understanding and appreciation of the views of the proposed golf holiday lodges being localised, please see 8 images from various viewpoints across the golf course. A reflective 5 metre high staff marker has been placed by the applicant on the outside of the red line tree boundary so it could be clearly seen. The images are taken from the following locations across the site:

Image 1 and 2 approximately 50 Metres from 5 Metre high marker

Image 3 from the Half Way House on the golf course

Image 4 from Bridge (Vista 11)

Image 5 from the entrance of footpath S68 from Carlton

Image 6 from footpath S68 at existing track junction to greenkeepers store

Image 7 from vista Viewpoint on footpath S70

Image 8 from vista viewpoint 6 on footpath S70

Application for erection of four golf holiday lodges and associated works.

Notwithstanding the officer’s recommendation that permission be granted, members felt that the development would have a harmful effect on the character and appearance of the area and on the countryside and was therefore contrary to policies CE1, CE3 and CE5 of the Market Bosworth Neighbourhood Plan and DM4 of the Site Allocations and Development Management Policies DPD. Concern was also expressed that there was no clear tie to the golf course. It was moved by Councillor Cook and seconded by Councillor R Allen that permission be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused due to the proposal being contrary to policies CE1, CE3 and CE5 of the Market Bosworth Neighbourhood Plan and DM4 of the Site Allocations and Development Management Policies DPD.

Application for extension and alteration to existing public house to provide additional deli / coffee shop floorspace.

Late items received after preparation of the main agenda:

Appraisal:-

Groby Community Library and Café

1.1.           According to their website, Groby Community Library and Café are open at the following times:

Monday:                   2 PM to 5 PM

Tuesday:                  10 AM to 1 PM

Wednesday:             10 AM to 1 PM

&

2 PM to 5 PM

Thursday:                10 AM to 1 PM

Friday:                      2 PM to 5 PM

Saturday:                 10 AM to 1 PM

Sunday:                   CLOSED

The café closes 30 minutes before the library closes.

Parking Provision

1.2.           On 25 April 2024, the Applicant confirmed that they are in the process of providing parking management solutions i.e. Automatic Number Plate Registration (ANPR) within the site to ensure that non-patrons cannot utilise the off-street parking provision for the site.

Pollution

1.3.           On Monday 22 April 2024, the Council’s Pollution Officer confirmed in writing that the proposed cold stores will not result in any significant noise impact. As a result, the Pollution Officer has no further comments, nor objections to the proposal.

1.4.           No further late items have been received.

Application for extension and alteration to existing public house to provide additional deli/coffee shop floor space.

It was moved by Councillor R Allen, seconded by Councillor Cook and

RESOLVED –

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

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

Application for extension and alteration to existing public house to provide additional deli / coffee shop floorspace.

Application for extension and alteration to existing public house to provide additional deli/coffee shop floorspace.

It was moved by Councillor R Allen, seconded by Councillor Cook and

RESOLVED –

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

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

Outline application for the erection of up to 475 dwellings including public open space, drainage, landscaping and associated infrastructure.

Outline application for the erection of up to 475 dwellings including public open space, drainage, landscaping and associated infrastructure.

Concern was expressed that the cumulative impact of additional traffic on the perimeter road and the A5 as a result of new development needed to be considered as a whole and it was requested that a meeting be arranged with National Highways and Leicestershire County Council as highways authority. Officers agreed to facilitate the requested meeting.

It was moved by Councillor Bray, seconded by Councillor R Allen and

RESOLVED –

(i)            Permission be granted subject to

a.    A section 106 agreement;

b.    Planning conditions contained in the officer’s report;

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