Agenda and minutes

Planning Committee - Tuesday, 2 February 2021 6.30 pm

Venue: Virtual meeting. View directions

Contact: Rebecca Owen  Democratic Services Manager Email: rebecca.owen@hinckley-bosworth.gov.uk

Link: view the meeting on YouTube

Media

Items
No. Item

628.

Apologies and substitutions

Minutes:

Apologies for absence were submitted on behalf of Councillor Boothby.

629.

Minutes pdf icon PDF 116 KB

To confirm the minutes of the meeting held on 12 January 2021.

Minutes:

It was moved by Councillor Findlay, seconded by Councillor Furlong and

 

RESOLVED – the minutes of the meeting held on 12 January be confirmed as a correct record.

630.

Declarations of interest

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.

Minutes:

Councillor R Allen declared that a member of his political group was a director of the company submitting application 20/00919/OUT and stated that members of the group would not take part in discussion or voting on the item. Councillor Williams, in attendance as ward councillor, stated that he would speak on behalf of residents on the application.

 

Councillors Flemming, Lynch and Walker declared that they were members of Burbage Parish Council where application 20/01111/REM had been discussed but they had not voted on the application and came to this meeting with an open mind.

631.

Decisions delegated at previous meeting

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

Minutes:

It was reported that the decision in relation to application 20/00400/FUL had been issued and application 20/00937/FUL had been deferred at the previous meeting and was on the agenda for this meeting.

632.

20/01111/REM - Land at rear of 125 - 131 Lutterworth Road, Burbage pdf icon PDF 411 KB

Application for approval of reserved matters (appearance, landscaping, layout and scale) of outline planning permission 19/01112/OUT.

 

Late items received after preparation of the main agenda:

 

Consultations:-

 

Comments have been received from LCC Archaeology raising no objections to the scheme with no archaeological action required.

 

Further comments have been received from Burbage Parish Council in response to the latest scheme, raising the following points:

 

Insufficient parking provision

Unnecessary and unsafe gated access

Insufficient bin collection point

Play and open space contribution should be made by the developer

 

Appraisal:-

 

The matter of parking provision has already been appraised in the officer report as being acceptable, as per LCC Highways advice. The proposed access has already been established under 19/01112/OUT and the proposed private gated arrangement has already been appraised in the current officer report as being acceptable, as it would not result in an adverse impact on highway safety.

 

Waste storage and collection details have already been appraised in the officer report as per HBBC Waste Services advice as being acceptable. Waste bins would be stored at the highway boundary and would not obstruct the pedestrian footpath.

 

An assessment of developer contributions was dealt with under 19/01112/OUT, where it was determined that a requirement for play and open space contributions was not triggered by the proposal. It would not be lawful to make this s.106 requests at Reserved Matters stage.

 

Recommendation:-

 

The recommendation remains unchanged from as set out on the agenda.

Minutes:

Application for approval of reserved matters (appearance, landscaping, layout and scale) of outline planning permission 19/01112/OUT for six dwellings.

 

It was moved by Councillor Gibbens and seconded by Councillor R Allen that permission be granted with an amendment to condition 4 to restrict gates along the entire length of the vehicular access

 

RESOLVED

 

(i)            permission be granted subject to the conditions contained in the officers report and the abovementioned amended condition;

 

(ii)           the Planning Manager be granted delegated authority to determine the final detail of planning conditions in consultation with the ward councillors.

633.

20/00919/OUT - 14 Chesterfield Way, Barwell, LE9 8BH pdf icon PDF 523 KB

Application for residential development for five dwellings (outline – access and scale).

 

Late items received after preparation of the main agenda:

 

Consultations:-

 

A further six objection letters and a petition against the application with 22 signatures have been received making the following points:

 

    1)        The development does not deliver any economic, social or environmental reasons to support the approval

    2)        The ecological value of the site has not been recorded accurately in the ecology report

    3)        The development would have an adverse effect on the water course of natural run off water and will impact on flooding

    4)        The close proximity of the development to existing houses will provide intrusive and unnecessary light pollution

    5)        The development affects the semi-natural open space

    6)        Impact on privacy and overlooking

    7)        Increased vehicular movements and tight access has an impact on highway safety

    8)        The emergency fire service will not be able to access the houses due to the tight access

    9)        The properties are not in keeping with the houses on Chesterfield Way

 10)        The developer has not listened to previous advice from the planning department

 11)        The development represents garden grabbing

 12)        A lot of the bins will be left on the pavement until all residents have collected them

 13)        There is no on street provision for visitors cars

 14)        There will be a waste pipe aligned directly with our fence

 15)        The development should be 2-3 dwellings

 16)        Loss of light and overshadowing into garden

 

Barwell Parish Council objects to the application making the following points:

 

    1)        Detrimental to neighbouring properties and overdevelopment

    2)        Inadequate parking

    3)        Potential hazard for emergency vehicles accessing the site

    4)        Dangerous for vehicles to reverse onto Chesterfield Way due to the bend in the road and the number of vehicles parked on the road

 

Recommendation:-

 

The recommendation is unchanged from that which is printed on the agenda.

Minutes:

Application for residential development for five dwellings (outline – access and scale).

 

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor W Crooks and seconded by Councillor Bray that permission be refused due to having an adverse impact on neighbours due to the proximity of the new properties to the existing properties on Chesterfield Way, being detrimental to the character of the area and constituting over development contrary to policy DM10. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – permission be refused for the abovementioned reasons.

634.

20/00937/FUL - Land east of Peckleton Lane, Desford pdf icon PDF 428 KB

Application for erection of five dwellings.

 

Late items received after preparation of the main agenda:

 

Introduction:-

 

Following the publication of the committee report, the applicant has submitted the following amended plans: elevation plan; materials layout plan; and, landscaping plan. An artist's impression of the site entrance with the public right of way has also been submitted.

 

Consultations:-

 

The plans submitted are non-material minor amendments to the original plans submitted and so a re-consultation exercise is not required to take place.

 

Appraisal:-

 

The amended elevation and materials plan proposes to introduce render to the dwelling located on the corner plot (Plot 80). It is considered that this amendment would provide interest to this end unit which would become a focal point when entering the housing estate.

 

The amended plans also include a landscaping plan which proposes additional planting along the public right of way corridor and the introduction of a variety of species-rich plants. The landscaping proposed would soften the impact of the development on users of the public footpath to the benefit of the character of the surrounding area in accordance with Policies DM4 and DM10 of the SADMP and Policy H7 of the emerging DNP.

 

Recommendation:-

 

The recommendation contained in the Committee Report remains unaltered. The following conditions should be amended to read:

 

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

 

Drgs no: 1026-AD-201A; 202C and 205B all received on 17 November 2020

Drgs no: PD-001-2; 002-1 and 002-2 all received on 17 November 2020

Drgs no: 1026-AD-204C; 1758-05a and PD-001-01A received on 2 February 2021

 

Reason: To ensure a satisfactory impact of the development to accord with Policies DM1 and DM10 of the adopted Site Allocations and Development Management Policies DPD.

 

9.      The dwellings hereby approved shall only be constructed from the materials as contained within approved Drg No: 1026-AD-204C.

 

Reason: To ensure that the development has a satisfactory external appearance in accordance with Policies DM10 of the SADMP (2016).

 

10.    Prior to the occupation of 20% of the dwellings hereby approved the landscaping scheme as shown on approved Drg no: C-1758-05a shall be implemented in full to the satisfaction in writing of the local planning authority. The soft landscaping scheme shall be maintained for a period of five years from the date of planting. During this period any trees or shrubs which die or are damaged, removed or seriously diseased shall be replaced by trees or shrubs of a similar size and species to those originally planted at which time shall be specified in writing by the local planning authority.

 

Reason: To ensure that the development has a satisfactory external appearance in accordance with Policies DM4 and DM10 of the Site Allocations and Development Management Policies DPD (2016).

Minutes:

Application for erection of five dwellings.

 

It was moved by Councillor R Allen and seconded by Councillor Findlay that permission be granted in accordance with the officer’s recommendation. Upon being put to the vote, the motion was LOST.

 

It was subsequently moved by Councillor Bray and seconded by Councillor Furlong that permission be refused for the following reason:

 

“The reduction of the open landscaped area, which was previously approved, brings built development closer to the settlement edge which reduces the role the landscaped area played in setting built form away from the boundary with the countryside and providing a transition from open countryside to the residential development. This openness was important to the design of the previously approved scheme which retained the public footpath through the landscaped area. Whilst the footpath remains, the public will no longer enjoy an open landscaped setting which is considered poor design and will be detrimental to the visual amenities of the area. It is therefore contrary to DM10 part e of the Site Allocations and Development Management Policies DPD 2016.”

 

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

 

RESOLVED – permission be refused for the abovementioned reasons.

635.

20/01187/CONDIT Ambion Court, Southfield Way, Market Bosworth, Nuneaton, CV13 0PP pdf icon PDF 494 KB

Application for variation of condition 2 (approved plans) of planning permission 19/00624/DEEM to allow alterations to the elevations and external finishes, and vary conditions 3, 5, 9, 10, 12, 14, 15, 16, 18 and 20 to reflect a two phased development.

Minutes:

Application for variation of condition 2 (approved plans) of planning permission 10/00625/DEEM to allow alterations to the elevations and external finishes, and vary conditions 3, 5, 9, 10, 12, 14, 15, 16, 18 and 20 to reflect a two phased development.

 

It was moved by Councillor W Crooks, seconded by Councillor Bray and

 

RESOLVED

 

(i)            Permission be granted subject to the conditions contained in the officer’s report;

 

(ii)           Authority be delegated to the Planning Manager to determine the final detail of planning conditions.

 

636.

Planning enforcement update

To provide an update on active and closed enforcement cases.

Minutes:

Members received an update on active and closed enforcement cases within the borough. It was moved by Councillor Findlay, seconded by Councillor R Allen and

 

RESOLVED – the report be noted.

637.

Appeals progress pdf icon PDF 341 KB

To report on progress relating to various appeals.

Minutes:

Members received an update on the progress of various appeals.

 

RESOLVED – the report be noted.

638.

Appeals update - land off Sketchley Lane, Burbage (19/00947/OUT) pdf icon PDF 368 KB

To consider the amendments submitted by the appellant.

Minutes:

Consideration was given to a report which informed members of amended plans which had been submitted to the Planning Inspector during the course of the appeal in relation to application 19/00947/OUT. Concern was expressed that the Inspector had instructed the authority to consider the amendment without being able to go through the process of public consultation and a full committee debate. It was moved by Councillor Findlay and seconded by Councillor W Crooks that the amendments to alter the size and approximate location of the buildings and the additional benefits would not alter their original consideration of the planning balance in the application.

 

Councillor Findlay, supported by a further five councillors, requested that voting on the motion be recorded. The vote was taken as follows:

 

Councillors C Allen, R Allen, Bray, Cope, J Crooks, W Crooks, Findlay, Flemming, Furlong, Gibbens, Hollick, Lynch, Mullaney, Roberts and Walker voted FOR the motion (15).

 

There were no votes against the motion. Councillor Smith was absent during the vote.

 

It was therefore

 

RESOLVED – following consideration of the amendments in terms of the illustrative masterplan and the changes to the affordable housing provision and the inclusion of self-build and reviewing all issues associated with the application, members remain unconvinced by the changes and the scheme itself and their original three reasons for refusal still stand.