Issue - meetings

Application for erection of timber post and wire fence adjacent to Kennel Lane

(resubmission of 17/00310/FUL).

Late items:

Introduction:-

Additional information has been provided by the applicant in way of the reason for the application including a statutory declaration from the occupier of No. 8 Hunters Walk. The following which has been provided from the applicant is to address concerns raised by Witherley Parish Council.

Concern that this application could serve as a precedent for future loss of public amenity space – The application site is a highways ditch owned by residents of Hunters Walk. For over 25 years it was proactively managed by the residents to maintain a thick impenetrable barrier. The flat roadside grass verge at the top of the ditch slope has been left clear to allow for a future footpath.

Security concerns within the immediate area as part of the rationale for the application - A Statutory Declaration from No.8 Hunters Walk has been submitted which confirms that it is the professional opinion of the local police beat officer that such a hedge will help the security issues related to this area. The Police Crime Map website shows that in 2017 to date there have been 2 reported incidents in Hunters Walk and 15 incidents in the wider area. This part of the village contains approximately 25% of the village houses and has experienced 54% of the reported crime in the village this year. 

Highway concerns which have formed part of the rationale for the application - The Parish Council have suggested that the average speed along this stretch of Kennel Lane is 26 mph and then in subsequent evidence indicated that in fact the recorded 85%-percentile speeds were significantly over the 30-mph speed limit. Published Government traffic research shows that reducing the perceived width of verge by vegetation, as proposed in this application, would reduce traffic speeds.

Concerns regarding future maintenance of ditch and resultant impact on its role as storm run soak away area - LCC Highways and HBBC Drainage have not raised this as a problem. Responsibility for maintaining the ditch will revert to the landowners.

Encroachment on public space for the benefit of private landowners - The land is not a public space. For over 25 years it has been covered by a thick belt of trees and shrubs on the ditch bank. It is in private ownership and the proposed ditch regrowth will improve the security of this area of the village.

Highways status is not a land ownership status. Having planning permission for the parcel of land allows the applicant to then formally apply for the land to be removed from highways status using Section 247 of the Town and Country Planning Act. The land would then become non-highways status but would still continue to receive surface water runoff from the highway.

Consultations:-

One consultation response has been received from Leicestershire County Council Highways stating the following:

-       the residual cumulative impacts of development are not considered severe in  ...  view the full agenda text for item 243

Application for erection of a timber post and wire fence adjacent to Kennel Lane (resubmission of 17/00310/FUL).

It was noted that members had been minded to refuse this application at the meeting on 10 October 2017 and it was therefore before the committee tonight for a decision.

Councillor Wright left the meeting at 8.03pm.

Notwithstanding the officer’s recommendation that permission be granted, members felt that the fence was detrimental to visual amenity due to the materials used and that it would enclose an area that was currently open. It was moved by Councillor Cook and seconded by Councillor Crooks that the application be refused for this reason. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused due to being detrimental to visual amenity.

Councillor Hall left the meeting at 8.10pm.

Application for erection of timber post and wire fence adjacent to Kennel Lane (resubmission of 17/00310/FUL).

Late items:

Consultations:-

Four further letters of representation were received raising the same concerns as previously.

HBBC Drainage provided comments which can be summarised as follows:

1)    The planting of a new native hedgerow at the top of the bank should not affect the infiltration capacity of the drainage ditch.

2)    It should be noted that responsibility for maintenance of the drainage ditch will transfer with any change of land ownership, unless other arrangement for maintenance of the ditch are put in place.

Appraisal:-

All letters of public letters of representation and concerns raised have been addressed in the officer’s report.

It is assessed that the comments by HBBC Drainage demonstrate that the erection of the timber post and wire fence with the planting of native hedgerow in the ditch which is located to the rear of no’s 3, 4, 7 and 8 Hunters Walk would not affect the capacity of the drainage ditch to act as a storm soak away area which was a concern expressed by several objectors.

The second point raised by HBBC Drainage which raises the issue of the need to maintain the land following the granting of any permission is addressed by Condition 3 of the Officer’s report.

Application for erection of a timber post and wire fence adjacent to Kennel Lane (resubmission of 17/00310/FUL).

Notwithstanding the officer’s recommendation that the application be approved, members felt that the fence would be detrimental to the visual amenity of the area. It was moved by Councillor Cook and seconded by Councillor Surtees that they be minded to refuse permission. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – members be minded to refuse permission and the application be brought back to the next meeting.