Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Hollick, Ladkin, Lynch and Richards with the following substitutions authorised in accordance with council procedure rule 10:

Councillor Bray for Councillor Lynch

Councillor Morrell for Councillor Richards.

To confirm the minutes of the meeting held on 18 December 2018.

It was moved by Councillor Cook, seconded by Councillor Surtees and

RESOLVED – the minutes of the meeting held on 18 December 2018 be confirmed and signed by the chairman.

No interests were declared at this stage.

To report progress on any decisions delegated at the previous meeting.

It was reported that all decisions had been issued with the exception of application 18/00658/HYB which was subject to a S106 agreement.

Proposal for erection of crematorium building and formation of associated memorial gardens, roadways, car parking, footpaths and landscaping.

‘Late items:’

Appraisal:-

Paragraph 8.46 of the committee report states that the consideration of a replacement layby is being negotiated and an update will be reported as a late item. Discussions with Leicestershire County Council Highways are still ongoing as to if a replacement layby is necessary or if there is capacity available with the remaining layby which would remove the need for a replacement layby. LCC Highways are undertaking further survey work which will inform that request. The applicant is willing to sign a Section 106 to secure a replacement layby, if necessary. Therefore the recommendation has been amended to include an obligation for the provision of a replacement layby, if necessary.

A condition has been added requiring details of the lighting details of the scheme. This has been added to ensure light spillage from the site is minimised in the interests of visual amenity and to protect the rural character and appearance of the countryside and the amenities of the occupiers of neighbouring residential properties in accordance with Policies DM4 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

Recommendation:-

Grant planning permission subject to:

•           The prior completion of a legal agreement to secure the following obligations:

•             the provision of a replacement layby, if required

•           Planning conditions outlined at the end of this report.

That the Interim Head of Planning be given powers to determine the final detail of planning conditions.

That the Interim Head of Planning be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

The conditions outlined in section 11.4 of the original report remain unchanged, with the exception of condition 2, which is amended to include additional updated plans and the addition of a condition requesting details of lighting.

Condition 2 is amended as follows:

2.         The development hereby permitted shall not be carried out otherwise than in complete accordance with the submitted application details, as follows:-

Site Location Plan Drawing No. 02-91-004

Masterplan Drawing No. 02-01-001 Rev D

Site Plan Drawing No. 02-02-001 Rev D

Site Plan. 02-02-002 Rev D

Site Layout Plan Final Issue Drawing No. CDS_HAB_CRM_53 Rev 00 (Sheet 1 of 5)

Highways Overview Drawing No. CDS_HAB_CRM_53 Rev 00 (Sheet 2 of 5)

Highways Entrance and Exit Detail Plan Drawing No. CDS_HAB_CRM_53 Rev 00 (Sheet 5 of 5)

Coach and Car Swept Path Analysis Plan Drawing No. CDS_HAB_CRM_52 Rev 00

Landscape Plan Final Issue Drawing No. CDS_HAB_CRM_53 Rev 00 (Sheet 3 of 5)

Planting Schedules Drawing No. CDS_HAB_CRM_11 Rev 04

Drainage Plan Final Issue Drawing No. CDS_HAB_CRM_53 Rev 00 (Sheet 4 of 5)

Utilities Plan Drawing No. CDS_HAB_CRM_09 Rev 00

Ground Floor Plan Drawing No. 02-03-000 Rev D

Roof Plan Drawing No. 02-03-001 Rev B

Building Elevation A-A Drawing No. 02-05-001 Rev D

Building Elevation B-B Drawing No. 02-05-002 Rev D

Building Elevation C-C Drawing  ...  view the full agenda text for item 353.

Application for erection of crematorium building and formation of associated memorial gardens, roadways, car parking, footpaths and landscaping.

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

RESOLVED –

(i)            Permission be granted subject to:

a.    prior completion of a legal agreement to secure provision of a replacement layby

b.    the conditions contained in the officer’s report and late items.

(ii)           The Interim Head of Planning be granted powers to determine the final detail of the planning conditions;

(iii)          The Interim Head of Planning be granted powers to determine the terms of the S106 agreement including any trigger points and claw back periods.

Proposal for erection of 10 no. dwellings and 2 no. flats (100% Affordable Scheme).

‘Late items:’

Introduction:-

The agent has confirmed that the two flats reported as ‘social rent tenure’ is incorrect and the tenure is ‘affordable rent’.

Consultations:-

A late objection has been received by a neighbour concerned with the lack of parking;

Appraisal:-

The objections regarding parking have been assessed in the Report, there is nothing new on the neighbours objection that has not already been considered.

The nuances in the explanation of the tenure of the dwellings does not alter the types of accommodation proposed.

Recommendation:-

The late items are brought to the Committee for information only and require no changes to the scheme as proposed or the officers recommendation.

Application for erection of ten dwellings and two flats (100% affordable scheme).

Notwithstanding the officer’s recommendation that permission be granted, members felt that the proposed access should be via Maynard Close rather than using the existing access to the south of the site, the proposed number of properties was too great for this site and the layout was poor. It was moved by Councillor Hall, seconded by Councillor Bessant and

RESOLVED – members be minded to refuse permission on grounds of access, design and layout.

Proposal for creation of second vehicular exit onto Stoke Road.

‘Late items:’

Consultations:-

One further letter of objection has received raising the following concerns:-

1)         Impact upon neighbouring properties in respect of light pollution and shining of car headlights

2)         New exit would become a shortcut for vehicles leaving the adjacent business park

3)         Cars would still attempt to turn right from the proposed exit

4)         Impact upon pedestrian and highway safety

5)         Peak times traffic congestion from schools and business parks

LCC Highways has submitted comments on the amended plans stating they have no objections subject to conditions and a contribution of £7500 to secure a Traffic Regulation Order to enforce against illegal right turns from the new exit. 

Appraisal:-

Due to the separation distances and line of mature trees sited between the proposed exit and the properties on Thruxton Close, it is not considered that the development would result in vehicles headlights using the exit causing an adverse impact upon the residential amenity of these properties.

Other concerns raised regarding the shortcut from the business park, pedestrian and highway safety and congestion during peak times have been previously assessed in the committee extract. It is not considered that the proposed exit would impact upon the users of the nearby bus stops. It should also be noted that the submitted road safety audit did include the safety of pedestrians and school children.

Policy DM3 of the SADMP seeks to ensure that, where development creates a need to provide additional or improved infrastructure, amenities or facilities, developers make provision directly or indirectly through the appropriate funding mechanism. This policy allows for a reduced infrastructure provision where it can be justified with the appropriate supporting evidence.

The lawfulness of developer contributions must be considered alongside the requirements contained within the Community Infrastructure Levy Regulations (CIL). The regulations require that where developer contributions are requested they need to be necessary, directly related and fairly and reasonably related in scale and kind to the development proposed.

Leicestershire County Council (Highways) have requested a contribution of £7,500 for a Traffic Regulation Order (TRO) to prohibit vehicles turning right out of the proposed exit. This contribution is required to prevent right turns out of the exit and would allow the appropriate mechanisms to enforce the breach.

The contribution requested and identified above is considered to be necessary to satisfactorily mitigate the impact of the proposed development on the local highway network and to make the development acceptable in planning terms. The contribution is directly related and fairly and reasonably related in scale and kind to the development proposed and therefore CIL compliant. The contributions could be secured through the completion of a suitable unilateral undertaking which is currently under negotiation.

Recommendation:-

Grant planning permission subject to:-

•           The prior completion of a S106 agreement to secure the following obligations:

o          Transport contribution to secure a Traffic Regulation Order of £7,500

•           Planning conditions outlined on the committee extract

That the Interim Head of Planning be  ...  view the full agenda text for item 355.

Application for creation of a second vehicular exit onto Stoke Road.

Members expressed concern about use of the car park as a short cut during peak times and asked that a condition be added to require installation of a barrier with the intention that management could operate it as appropriate. Further concern was expressed about glare from headlights on the properties opposite and it was requested that a note to applicant be added to encourage mitigation measures to reduce glare.

It was moved by Councillor Sutton, seconded by Councillor Hall and

RESOLVED –

(i)            Permission be granted subject to:

a.    conditions contained in the officer’s report

b.    an additional condition requiring installation of a barrier

c.    a note to applicant to encourage mitigation measures to reduce glare on the properties opposite the exit

d.    prior completion of a S106 agreement to secure transport contributions of £7,500 for a Traffic Regulation Order.

(ii)           The Interim Head of Planning be granted delegated powers to determine the final detail of planning conditions;

(iii)          The Interim Head of Planning be granted delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

To report on progress relating to various appeals.

The report was noted.