Issue - meetings

Application for residential development up to 80 dwellings with associated works (Outline - access only).

‘Late items:’

Introduction:-

Since the publication of the committee report, additional information has been received.

Consultations:-

A further letter has been received from Desford Parish Council and is summarised below:

•           The site at Land opposite Bosworth College, Leicester Lane, Desford has emerged as the preferred site in the parish during the Neighbourhood Plan process, using a sustainability appraisal of each site using the same objective criteria applied consistently to each site by our consultants.

•           It is anticipated that the Plan will go to referendum in later 2019/early 2020

A letter has been received from Pegasus Group which represents Davidsons Developments Ltd. They raise concerns as summarised below:

•           The statements made by Desford Parish Council could be extremely misleading as there are significant unresolved issues with the Neighbourhood Plan, especially in the way it has undertaken its site selection process. Davidsons has made representations to the Regulation 14 consultation highlighting significant inconsistencies in the site selection process and the way in which conclusions have been reached.

•           As such, they consider that the officer's report is correct to refer to the limited weight that can be afforded to the Neighbourhood Plan in the light of paragraph 48 of the NPPF especially with regard to "the extent to which there are unresolved objections."

Appraisal:-

The advice in paragraphs 8.9 - 8.11 of the Planning Committee Report dated 25 June 2019 remains unaltered in that the emerging Desford Neighbourhood Plan (DNP) is a material consideration in this decision making process and the weight to be given to it is set out in paragraph 48 of the Framework. Factors to be considered to the weight to be given to the DNP include the stage of preparation of the plan and the extent to which there are unresolved objections to relevant policies. Therefore, the weight to be given to the DNP at the present time is very limited due to the early stages of its development and the lack of evidence of community support for the preferred site at Barns Way.

Recommendation:-

The recommendation remains to grant planning permission subject to the details outlined in the original Planning Committee Report.

Application for residential development up to 80 dwellings with associated works (outline – access only).

Notwithstanding the officer recommendation that permission be granted, some members felt that the proposal was inappropriate. It was moved by Councillor Cartwright that permission be refused due to the impact on the intrinsic value and character of the countryside and harm to the countryside outweighing benefits of the development contrary to policy DM4; not being sensitive to the setting and therefore contrary to policy DM9 and being in a dangerous location in terms of highways and therefore contrary to policy DM17.

Following advice from officers, Councillor Cartwright withdrew policies DM9 and DM17 as reasons for refusal although wished it to be noted that he had concerns about highway safety.

Councillor Furlong proposed that the application be deferred pending making of the Desford Neighbourhood Development Plan. Following advice from officers, he withdrew his motion.

Councillor Furlong then seconded Councillor Cartwright’s motion for refusal.

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

RESOLVED – permission be refused due to the impact on the intrinsic value and character of the countryside and the harm to the countryside outweighing benefits of the development contrary to policy DM4.

Application for residential development of up to 80 dwellings with associated works (outline – access only).

‘Late items:’

Proposal:- Residential development up to 80 dwellings with associated works (Outline - access only)

Appraisal:-

A contribution request was made by University Hospitals Leicester NHS Trust (UHL) for £40,235.00 towards the gap in the funding created by each potential patient from the development in respect of A&E and planned care. The evidence provided by the UHL is not sufficiently robust to conclude that the CIL Regulation 122 test can be satisfied. Therefore the contribution is not considered to be CIL compliant and will not be sought for this development.

A contribution request was made by Desford Parish Council for £75,000.00 towards installing appropriate traffic lights at the Dan's Lane/A47 junction.  The Highway Authority has responded to this request. They state that an analysis of the traffic modelling data demonstrates that the Dan's Lane junction currently operates within capacity. The introduction of development traffic associated with the proposed residential scheme would result in additional queueing of 3 vehicles by 2023. As such, the residual cumulative impact from the proposal on this junction is not considered to be severe in accordance with the NPPF. There are no projects planned to improve this highway junction. Therefore, this contribution would not be considered to be CIL compliant and will not be sought for this development.

Recommendation:-

The recommendation remains to grant planning permission subject to the details outlined in the original Planning Committee Report.

Application for residential development up to 80 dwellings with associated works (outline – access only)

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Bray and seconded by Councillor R Allen that members be minded to refuse permission due to the harm to the countryside outside of the settlement boundary, contrary to policy DM4, which demonstrably and significantly outweighs the benefits of the scheme. 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 a future meeting.