Agenda and draft minutes

Planning Committee - Tuesday, 30 March 2021 6.30 pm

Venue: Virtual meeting. View directions

Contact: Rebecca Owen  Democratic Services Manager Email:

Link: view the meeting on YouTube


No. Item


Apologies and substitutions


Apologies for absence were submitted on behalf of Councillors Cope and Smith, with the substitution of Councillor Sheppard-Bools for Councillor Cope authorised in accordance with council procedure rule 10.


Minutes pdf icon PDF 118 KB

To confirm the minutes of the meeting held on 2 March 2020.


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


RESOLVED – the minutes of the meeting held on 2 March be confirmed as a correct record.


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.


No interests were declared at this stage.


Decisions delegated at previous meeting

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


It was reported that all decisions had been issued.


20/01009/FUL - Land North of Neovia Logistics Services (UK) Ltd, Peckleton, Desford pdf icon PDF 531 KB

Application for demolition of existing buildings and structures, erection of buildings for B2/B8 use with ancillary offices and welfare floorspace, gatehouse, service yards, parking and circulation routes, together with revised access from Peckleton Lane, associated hardstanding, landscaping, diversion of bridleway R119 and ancillary works


Late items received after preparation of main agenda:




Since the preparation of the agenda additional comments have been received from the following:


Desford Parish Council make the following points:


            1)        Noise abatement: planning officers should be satisfied that there are sufficient acoustic fences and bunds plus tree planting in place to mitigate any nuisance

            2)        Light pollution: planning officers should be satisfied that the lighting is positioned to have a minimal effect on surrounding properties

            3)        The number of car parking spaces has increased from 500 (in the C2 application) to 865, which will mean more light traffic through both Desford & Peckleton

            4)        the bus stops are 900m away and not many people will walk this far

            5)        The new housing estate on Peckleton Lane plus that on Barns Way, will add to the number of vehicles in the centre of the village. The junction at Peckleton Lane/High Street and the central roundabout will be even more congested at peak times and the cumulative effect of all 3 developments should be taken into account

            6)        We are pleased to note that a financial contribution is proposed towards measures to improve the traffic flow at the junction of Dan’s Lane with the A47

            7)        The Parish Council is extremely concerned and dismayed to note that the proposed junction at the site entrance (proposed by the developer with the backing of the Parish Council and local residents) has been rejected by LCC Highways. The previous developer-proposed version would have made it difficult for lorries to turn left out of the site and thereby ensure that HGV traffic through the village of Desford would have been severely restricted. The Parish Council deplores this unnecessary change by LCC Highways which will only lead to more HGV traffic in the village.

            8)        Because of the retrograde decision of LCC Highways to reinstate a standard junction at the site entrance, it makes it even more important to ensure that traffic calming measures are introduced and we request that LCC Highways ask for measures such as chicanes, to be installed on Peckleton Lane; specifically the stretch between the site entrance and the brow of the hill approaching the built up area

            9)        We request that the footpath on Peckleton Lane southwards from the village is extended as far as the site entrance and is wide enough to accommodate cyclists, to encourage employees to cycle to work

         10)        We request that a new footpath is constructed from the new site entrance to connect with the footpath from the Caterpillar entrance, so that employees walking to the bus stop on the A47 can do so in safety

         11)        We request that the shift times of the new tenant companies be coordinated with Neovia  ...  view the full agenda text for item 690.


Application for demolition of existing buildings and structures, erection of buildings for B2/B8 use with ancillary offices and welfare floorspace, gatehouse, service yards, parking and circulation routes, together with revised access from Peckleton Lane, associated hardstanding, landscaping, diversion of bridleway R119 and ancillary works.


Notwithstanding the officer’s recommendation that permission be granted, some members felt that the development would be detrimental to residential amenity due to the overbearing nature of unit 1 and they felt that the proposed development was therefore contrary to policy DM10. Councillor Sheppard-Bools, seconded by Councillor R Allen, proposed that permission be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was


RESOLVED – permission be refused for the following reason:


the positioning of unit 1 closer to the road than the existing buildings on site brings built development closer to residents’ properties on Peckleton Lane. The scale and height of unit 1 and its proximity to the road would create a dominant building that would have an adverse overbearing impact on surrounding residents which would be detrimental to their residential amenity and contrary to policy DM10 of the Site Allocations and Development Management Policies DPD.


Councillor Hollick abstained from voting as he had not been present for the whole of the debate.


20/01283/FUL - Land off London Road Markfield pdf icon PDF 731 KB

Application for residential development of 282 dwellings (Class C3) including provision of public open space, associated infrastructure and engineering works and demolition of Vine Cottage.


Late items received since preparation of main agenda:


The Council is in receipt of two further letters, following the publication of the Committee agenda rising the following points:


            1)        More Bridleways are needed in the area

            2)        Horse riding, and the accompanying horse-keeping put significant sums annually into the rural economy and therefore should be supported

            3)        Lanes are narrow, and getting pedestrians, cyclists and horse riders off the road has benefits.

            4)        Upgrading existing footpaths is cheaper

            5)        Markfield currently has no bridleways


Since the publishing of the agenda, a further consultation has been received from University Hospitals Leicester for the request of £91,523.00.




Public Rights of Way


There are two rights of way which pass through the application site (R29 and R4). PROW 29 passes through the application north to south and R4 east to west. The application proposal has been designed to increase permeability through the application site. The PROW R4 as part of the application is to be amended and diverted slightly within the site, to align with the proposed corridor. In order to improve the existing PROW the applicant is proposing to upgrade the rights of way within the application site, and condition 28 has been imposed to consider and secure these details prior to commencement.


Accordingly following consultation with Leicestershire County Council (Public Rights of Way) they have no objection to the proposed development and its impact upon the surrounding network, however the construction and surface specification would be subject to a separate consent from Leicestershire County Council.




Update to paragraph 8.99. Following additional information and confirmation from Environmental Health all dwellings across the site would achieve a minimum 31dB, with 33dB glazing incorporated to specific plots which face London and the M1 corridor.




During the course of the application, the number of dwellings has reduced by one, across the site, from 283 to 282 due to internal road layout requirements. The obligations reported within the agenda were based on the figure of 283 and therefore have been revised slightly to reflect this updated position. This results in the following amendments to the requested obligations:-


West Leicestershire CCG - £156,216.59

Civic Amenities - £18,438

Libraries £8,330

Play and Open Space £1,223,984.48


Play and Open Space


Replace the table following paragraph 8.144 with the following:



Policy Requirement per dwelling based on 2.4 people per dwelling using CENSUS average

Requirement of open space for the proposed development of 282 dwellings

(square metres)

Provided on site

(square Meters)

Remaining requirement to be provided off site

Equipped Children’s Play Space





Casual/Informal Play Spaces





Outdoor Sports Provision





Accessibility Natural Green Space






Replace table following paragraph 8.147 with the following updated contributions sought based on 282 dwellings:



On site maintenance (20 years)

Off site provision  ...  view the full agenda text for item 691.


Application for residential development of 282 dwellings (class C3) including provision of public open space, associated infrastructure and engineering works and demolition of Vine Cottage.


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




(i)            permission be granted subject to:


a.    The completion within three months of this resolution of a S106 agreement to secure the following contributions:

·         40% affordable housing

·         West Leicestershire CCG £156,312.45

·         Civic amenities £18,503.00

·         Libraries £8,360.00

·         Education £1,560,261.38

·         Play and open space £1,225,497.12

·         Coalville Transportation Strategy £1,377,288.00

·         Provision of bus stop improvements

·         Contribution of £6,000.00 for the monitoring of a full travel plan

·         Travel packs

·         Six month bus passes (two application forms per dwelling to be included in travel packs and funded by the developer);


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


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


(iii)          The Planning Manager be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods and any agreed contribution towards early years provision.


20/00470/FUL - Garden Farm, Bagworth Road, Barlestone, Nuneaton pdf icon PDF 421 KB

Application for residential development of 99 dwellings with associated infrastructure vehicular access and areas of open space.


Late items received after preparation of the main agenda:


Following the publication of the committee report, an amended Site Layout Drawing (ref: 100-634/(P)001 Rev W) has been received altering the internal road network along with  amended Vehicle Swept Path plans, boundary treatment plan, materials plan and maintenance and tenure plans.

An amended Financial Viability Review has also been received from the Council’s Viability Appraiser reappraising the revised scheme of 99 dwellings. A consultation response has been received from LCC Planning Obligations.



Internal Road Network


The Highway Authority (LHA) previously commented that the internal road network was unsuitable for adoption. In response to their concerns raised, the applicant has submitted a revised internal layout with a view to addressing the outstanding concerns raised by the LHA. The LHA has confirmed that based on the amended plan the internal road network is now considered suitable for adoption and updated conditions and informatives are recommended.


Due to the alterations made to the internal road network, other plans using this layout have also been altered. Minor amendments are shown on the boundary treatment plan, the materials plan, the tenure and maintenance plans and the vehicle swept path plans. These amendments do not alter the previous comments in the committee report on the design and impact on the character of the area of the proposal.  


Amended Financial Viability Review


Following receipt of a late contribution request for secondary school education received from LCC (as discussed in paragraph 8.97 of the committee report), the Council has sought to update the Financial Viability Review based on the amended scheme of 99 dwellings. A Sense Test Appraisal has been produced by the Council’s Consultant based on the delivery of affordable housing and the timely progression of the scheme.


The Sense Test Appraisal confirms that the proposal can support an additional £136,110 of contributions which in this case would be towards secondary school education at The Market Bosworth School. The applicant has agreed to this additional contribution. Therefore, the total education contribution funded by the proposal would be £184,412.07.


The education contribution would provide a shortfall of £78,293.63. Whilst the viability of the proposal can only support 70% of the education contribution requested, as discussed in paragraph 8.98 of the committee report, the wording in the Section 106 Agreement would require applicants allocated to the proposed housing, in the first instance, to have a local connection to Barlestone. Many of these applicants will have children already enrolled at the local schools.


A consultation response has been received from LCC Planning Obligations confirming that a contribution of £184,412.07 is acceptable. They have asked if the contribution could cater for secondary needs in one of the following academies:  Market Bosworth, Bosworth and South Charnwood academies. The contribution is for The Market Bosworth School academy. It is therefore recommended that the education contribution is acceptable and does comply with the CIL Regulations.  ...  view the full agenda text for item 692.


Application for residential development of 99 dwellings with associated infrastructure, vehicular accesses and areas of open space.


It was moved by Councillor W Crooks and seconded by Councillor Sheppard-Bools that the application be deferred for a site visit to allow members the opportunity to view the roads and traffic around the site.


It was moved by Councillor R Allen and seconded by Councillor Roberts that permission be granted. As the second motion, this was not put.


As the first valid motion, the motion to defer was put to the vote and subsequently CARRIED and it was


RESOLVED – the application be deferred to give members the opportunity to visit the site.


Appeals progress pdf icon PDF 314 KB

To report on progress relating to various appeals.


Members received an update on planning appeals. The report was noted.