Agenda item

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 suggesting how their presence impacts on highway and pedestrian safety and residential amenity.

Appraisal:-

The issues raised in the additional objection letters have been assessed in the main agenda report.

Recommendation:-

Since the committee report was written and the agenda published, the applicant has lodged a planning appeal on the grounds of non-determination of the application. As such the application cannot now be determined by the Planning Committee. However, the Planning Committee still needs to consider the proposal and decide what the outcome of the application would have been had it been able to determine the application.

The recommendation in the report is therefore amended to:

Resolve that the Planning Inspectorate be notified that planning permission should be refused for the reason set out in the main agenda report.

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.