Issue - meetings

Outline application (all matters reserved) for extension of MIRA Technology Park to comprise employment use (class B2); associated office and service uses (class E g); storage (class B8); new spine road; car parking; landscaping and enabling works (cross boundary application with North Warwickshire Borough Council).

Late items received after preparation of main agenda:

Following publication of the Planning Committee report ahead of the meeting of 22 April, the item was withdrawn from the Planning Committee agenda. This was because the Council was sent a copy of a pre-action protocol letter ahead of a potential judicial review from a solicitor acting on behalf of an objector (Extra Room Self Storage (ERSS)) to North Warwickshire Borough Council (NWBC).

This letter received by North Warwickshire Borough Council seeks to challenge the decision taken by NWBC to approve the application at their February Planning Committee meeting, subject to completion of a S106 agreement. This letter suggests the following to NWBC:

·         That it failed to take into account the necessity of the proposed Drayton Lane works to amend this junction to be ‘left in, left out’ only and whether the potential restrictions on the objectors business were unreasonable when taking into account para 200 of the NPPF;

·         That it failed to take into account the view of statutory consultees in assessing alternative options for the Drayton Lane junction proposed by the objector; and

·         It acted irrationally and misled Members in deciding not to seek statutory consultee review of alternative options proposed by the objector

Following receipt of this letter, the item was withdrawn from the HBBC Planning Committee of 22 April and NWBC have considered the letter, assessed the legal implications and have then taken the matter back to their Planning Committee on 9 June for consideration, given that the decision notice had not been issued.

At its meeting of 9 June, NWBC resolved to grant permission subject to a S106 agreement.

In consideration of the item at their meeting on 9 June, NWBC Officers confirmed that, in their view, the proposed works to Drayton Lane / A5 junction would not be unreasonable restrictions and that they will not inhibit the ERSS business through being unduly onerous.

With regards to alternative proposals for the junction being provided by the objector and any statutory consultee review of these alternative proposals, these proposals are not submitted by the applicant and do not form part of the application to be determined. There is no requirement for alternative proposals submitted by 3^rd parties, in this case an objector, to be assessed by statutory consultees, in this case including National Highways and two Local Highway Authorities. The statutory consultees have been engaged in this application since its submission in 2022 and are satisfied that the proposals put forward by the applicant as part of the application are satisfactory.

The applicant has submitted a final proposal for all off site highway works, and this has been accepted by the relevant statutory consultees as being acceptable in highway terms. Planning Committee  ...  view the full agenda text for item 41

Outline application (all matters reserved) for extension of MIRA Technology Park to comprise employment use (Class B2), associated office and service uses (Class E g); storage (class B8), new spine road, car parking, landscaping and enabling works (cross boundary application with North Warwickshire Borough Council).

An objector, the applicant and the ward councillor spoke on this application.

Whilst in support of the wider development, concern was expressed about the highway works which were the only aspect of the application within the boundary of Hinckley & Bosworth Borough. It was moved by Councillor Bray and seconded by Councillor C Gibbens that the application be deferred for a site visit. During discussion upon the motion, it was suggested that further discussions could take place in relation to potential alternative highway solutions. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred for a site visit.

Outline application (all matters reserved) for extension of MIRA Technology Park to comprise employment use (class B2), associated office and service uses (class E g), storage (class B8), new spine road, car parking, landscaping and enabling works (cross boundary application with North Warwickshire Borough Council).

This item has been withdrawn from the agenda.

It was reported that this item had been withdrawn from the agenda.