Agenda and minutes

Apologies were submitted on behalf of Councillors Crooks, Hulbert, Moore and O’Shea, with the following substitutions authorised in accordance with Council Procedure Rule 4.1:

Councillor Bill for Councillor Crooks;

Councillor Morrell for Councillor O’Shea;

Councillor Smith for Councillor Moore.

To confirm the minutes of the meeting held on 21 August 2012.

It was moved by Councillor Bill, seconded by Councillor Bannister and

RESOLVED – the minutes of the meeting held on 21 August 2012 be confirmed and signed by the Chairman.

To receive verbally from Members any disclosures which they are required to make in accordance with the Council’s Code of Conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the agenda.

Councillors Mrs Hall and Lynch declared non-pecuniary interests in application 12/00512/FUL as they were members of the Parish Council’s working party which had worked on the proposals.

Councillor Gould, whilst not a member of the committee, declared a non-pecuniary interest in application 12/00452/FUL as resident of the surrounding area.

The Deputy Chief Executive (Community Direction) to report progress on any decisions delegated at the previous meeting.

The Head of Planning reported on the following decisions which had been delegated at the previous meeting:

(a)        12/00597/FUL – it was reported that the section 106 agreement was still under negotiation;

(b)        12/00486/FUL – it was reported that the decision had been issued;

(c)        12/00549/HOU – it was reported that the decision had been issued following the expiry of the consultation period.

Schedule of planning applications attached.

The Committee considered a schedule of planning applications, together with a list of late items and the recommendations of the Head of Planning.

(a)        12/00178/FUL – Erection of 65 dwellings (part amended scheme – 09/00211/FUL), Land adjacent M1, Ferndale Drive, Ratby – Mr John Cawrey

On the motion of Councillor Bannister, seconded by Councillor Hodgkins, it was

RESOLVED – subject to an agreement under Section 106 of the Town and Country Planning Act 1990 to provide financial contributions towards play and open space, education and highways travel packs, the Head of Planning be granted delegated powers to grant planning permission subject to the conditions contained in the officer’s report.

(b)        12/00193/CONDIT – Variation of condition 1 of 10/00102/TEMP to allow the access road and compound to remain in situ until the completion of the residential development, Land adjacent M1, Ferndale Drive, Ratby – Mr John Cawrey

On the motion of Councillor Bannister, seconded by Councillor Bill, it was

RESOLVED – the application be permitted subject to the conditions contained in the officer’s report.

(c)        12/00338/COU – Change of use to hand vehicle wash (retrospective), Bubble Boyz Car Wash, Watling Street, Hinckley – Mr R Sokhi

Notwithstanding the officer’s recommendation that the application be approved, Councillor Boothby, seconded by Councillor Taylor, moved that the application be refused on highway safety grounds.

The Head of Planning requested that voting on the motion be recorded. The vote was subsequently taken as follows:

Councillors Allen, Bannister, Batty, Bill, Boothby, Chastney, Mrs Hall, Hodgkins, Lynch, Mayne, Morrell, Smith and Witherford voted FOR the motion (13);

Councillor Sutton voted AGAINST the motion (1);

Councillor Ward abstained from voting.

The MOTION was therefore declared CARRIED and it was

RESOLVED – the application be refused on grounds of highway safety.

(d)        12/00446/FUL – Erection of 72 bed care home including associated access and parking provision, Former Highfield Works, John Street, Hinckley – Magnum Care Ltd

On the motion of Councillor Witherford, seconded by Councillor Bannister, it was

RESOLVED – the application be permitted subject to no new significant material objections being received and to the conditions contained in the officer’s report and late items.

(e)        12/00452/FUL – erection of 25 dwellings and associated infrastructure, Land adj 108 Shilton Road, Barwell – Mr John Deakin

On the motion of Councillor Bill, seconded by Councillor Boothby, it was

RESOLVED – the application be refused for the reasons contained in the officer’s report and late items.

(f)         12/00601/FUL – erection of wind turbine, Chestnuts, Desford Lane, Kirkby Mallory – Mr Jason Newbury

On the motion of Councillor Sutton, seconded by Councillor Taylor, it was

RESOLVED – the application be permitted subject to the conditions contained in the officer’s report.

(g)        12/00674/COU – Change of use of land to the siting of eight mobile homes for gypsies, Winter Oak, Watling Street, Higham on the Hill – Mr J Winter

On the motion of Councillor Bill, seconded by Councillor Batty, it was

RESOLVED  ...  view the full minutes text for item 186.

Report of the Head of Planning attached.

Members were provided with a draft consultation response on proposed changes to the time period during which the local planning authority could be requested to renegotiate the terms of signed Section 106 Agreements. Aspects of viability and delivery of affordable housing were discussed. It was moved by Councillor Sutton, seconded by Councillor Morrell and

RESOLVED –

(i)         the report be noted;

(ii)        the proposed responses to the questions be endorsed.

(Councillors Mrs Hall and Hodgkins were absent during voting on the application).

Report of the Deputy Chief Executive (Community Direction) attached.

Members received an update on appeals lodged and determined since the last meeting. A Member thanked the committee for having made a previous decision against officer recommendation, and thanked the officers for having defended the decision. It was moved by Councillor Batty, seconded by Councillor Hodgkins and

RESOLVED – the report be noted.

Report of the Deputy Chief Executive (Community Direction) attached.

Members were informed of the progress of various appeals. It was reported that the start date for the appeal on application 11/00808/FUL was 20.09.12, and that Members would be informed of the inquiry date when known. On the motion of Councillor Taylor, seconded by Councillor Hall, it was

RESOLVED – the report be noted.

Report of the Deputy Chief Executive (Community Direction) attached.

Members were informed of delegated decisions issued since the last meeting. It was

RESOLVED – the report be noted.

The Chairman reported on a meeting he had been involved in the previous day with County Council Highways Officers. They had agreed to come to a meeting of the Committee to outline their processes.