Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Cope, Hodgkins, Roberts and Smith with the following substitutions authorised in accordance with council procedure rule 10:

Councillor Cook for Councillor Roberts

Councillor Glenville for Councillor Hodgkins

Councillor P Williams for Councillor Cope.

To confirm the minutes of the meeting held on 21 September 2021.

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

RESOLVED – the minutes of the meeting held on 21 September be confirmed as a correct record.

Councillors C Allen and R Allen declared that they were members of Earl Shilton Town Council’s Planning Committee but had not voted on application 21/00607/FUL at that meeting.

Councillor Cook declared that she had previously expressed an opinion on applications 20/01357/FUL and 20/01378/LBC but the application had since been amended and she came to the meeting with an open mind.

Councillors Flemming and Lynch declared that they were members of Burbage Parish Council’s Planning Committee but had not participated in discussion on applications 21/00400/HOU and 20/00632/CONDIT. Councillor Walker stated that he was also a member of Burbage Parish Council’s Planning Committee and had commented on application 20/00632/CONDIT but having now undertaken a site visit he had come to the meeting with an open mind. Councillor P Williams stated that he had discussed and voted on these two applications at Burbage Parish Council’s Planning Committee and said he would abstain from voting on them.

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

It was reported that all decisions had been issuesd with the exception of those that had been deferred and were therefore on the agenda for this meeting.

Application for replacement velux and dormer windows on main roof and roof alterations to rear extension including velux window (retrospective).

Late items received after publication of the main agenda:

Introduction:-

Following the site meeting the applicant has set out that the scope of the works is defined as follows:

·         Replacement and repair of the existing roof.

·         Replacement of existing ground floor window frames.

·         Repair and upgrade of original dormers and replacement of Velux windows.

·         Replacement of the shallow pitch roof to the rear of the property and addition of a Velux window.

·         Work to structure in the roof void.

At the site meeting it was agreed that the current chimney could be improved by the introduction of a few more courses of brickwork, incorporating bands of protruding blue bricks and the addition of a larger Terracotta Chimney pot to match the adjacent chimneys. The Committee update stated that if such drawings were received this would be reported by way of late item.

The applicant has provided these details, which will be presented to Committee. These show the chimney alter and extend from the chimney as built to enhance the detail beyond that which was previously in place in line with the drawing which shows an increased height, additional blue brick “dental course” and the use of a “reclaimed” Victorian style chimney pot.

Appraisal:-

The proposed changes, align the design of the chimney stack with other chimneys in the surrounding area. The works are considered to be compatible with the significance of the listed building.

Recommendation:-

The recommendation remains unchanged from that printed on the agenda.

Application for replacement velux and dormer windows on main roof and roof alterations to rear extension including velux window (retrospective).

This application was presented and debated in conjunction with the following application (20/01378/LBC).

The objector, the applicant and a representative of Market Bosworth Parish Council spoken on this application.

Councillor Bray proposed that permission be granted but subsequently withdrew the motion.

Councillor Cook, seconded by Councillor R Allen, proposed that permission be refused as the development did not complement or enhance the character of the surrounding area and did not mirror the historic street pattern or plan form. Upon being put to the vote, the motion was LOST.

It was then moved by Councillor Bray and seconded by Councillor Flemming that permission be granted with an additional condition that the applicant be allowed six months to apply a weathering solution and carry out works to the chimney. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report and an additional condition to allow the applicant six months to apply a weathering solution and carry out works to the chimney;

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

Application for replacement velux and dormer windows on main roof, roof alterations to rear extension including velux window, chimney alteration and internal alterations (retrospective).

Late items received after publication of the main agenda:

Introduction:-

Following the site meeting the applicant has set out that the scope of the works is defined as follows:

·         Replacement and repair of the existing roof.

·         Replacement of existing ground floor window frames.

·         Repair and upgrade of original dormers and replacement of Velux windows.

·         Replacement of the shallow pitch roof to the rear of the property and addition of a Velux window.

·         Work to structure in the roof void.

At the site meeting it was agreed that the current chimney could be improved by the introduction of a few more courses of brickwork, incorporating bands of protruding blue bricks and the addition of a larger Terracotta Chimney pot to match the adjacent chimneys. The Committee update stated that if such drawings were received this would be reported by way of late item.

The applicant has provided these details, which will be presented to Committee. These show the chimney alter and extend from the chimney as built to enhance the detail beyond that which was previously in place in line with the drawing which shows an increased height, additional blue brick “dental course” and the use of a “reclaimed” Victorian style chimney pot.

Appraisal:-

The proposed changes, align the design of the chimney stack with other chimneys in the surrounding area. The works are considered to be compatible with the significance of the listed building.

Recommendation:-

The recommendation remains unchanged from that printed on the agenda.

Application for replacement velux and dormer windows on main roof, roof alterations to rear extension including velux window, chimney alteration and internal alterations (retrospective).

This application was presented and debated in conjunction with the previous application (20/01357/FUL).

The objector, the applicant and a representative of Market Bosworth Parish Council spoken on this application.

Councillor Bray proposed that permission be granted but subsequently withdrew the motion.

Councillor Cook, seconded by Councillor R Allen, proposed that permission be refused as the development did not complement or enhance the character of the surrounding area and did not mirror the historic street pattern or plan form. Upon being put to the vote, the motion was LOST.

It was then moved by Councillor Bray and seconded by Councillor Flemming that permission be granted with an additional condition that the applicant be allowed six months to apply a weathering solution and carry out works to the chimney. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – Listed building consent be granted subject to the conditions contained in the officer’s report and an additional condition to allow the applicant six months to apply a weathering solution and carry out works to the chimney.

Application for residential development of 73 dwellings with associated access and public open space (resubmission of 20/00131/FUL).

Late items received after publication of main agenda:

Appraisal:-

Assessment

Market Bosworth Neighbourhood Plan have appointed consultants to calculate an interim Housing Needs Figure (HNF) which can be included in the adopted Neighbourhood Plan until HBBC has provided Market Bosworth with a final Housing Requirement Figure (HRF). The HNF figure recommended in the Market Bosworth Neighbourhood Plan Housing Needs Assessment (2020) (HNA) is 108 dwellings between 2020 and 2026. This calculation is achieved through deducting the 16 dwelling completions in the MBNP area between 2014 and March 2020. Whilst the report acknowledges that there are currently 88 outstanding dwelling commitments in the MBNP area, the assessment acknowledges that quite often permissions are not implemented and so this does not guarantee they will be delivered within the Plan period or at all. Based on the HNF the assessment confirms that 37 affordable units are expected to be provided. The Assessment also confirms that the final, official HRF provided by HBBC will supersede the figure provided in this HNA.

Nonetheless, the weight to be afforded to the policies within the made MBNP is derived from their degree of consistency with the NPPF and the weight to be given to the relevant policies is assessed within this report. The HNF figure recommended in the Market Bosworth Neighbourhood Plan Housing Needs Assessment (2020) is also a material consideration which needs to be assessed in the planning balance.’

A review of the MBNP was undertaken and it was concluded that the MBNP did not require any changes other than minor updates. Although the working group are working on a full update of the plan this is still at an early stage and no draft has been published yet. As the minor update to the Plan can not alter the ‘made date’ the plan is more than 2 years old and therefore paragraph 14 of the NPPF does not apply and the application must be determined with regard to Paragraph 11d.   The MBNP does however accord with the NPPF and therefore continues to carry significant weight in the decision making process.

Impact upon protected Species

Since the publishing of the committee report an updated biodiversity metric has been submitted which seeks to improve and address the loss of habitat across the site. Whilst the site would not result in net gain across the site, the metric does inform the landscape proposals across the site, to ensure that impact upon habitats is mitigated and planned into the overall scheme. Regard also needs be had to the fall back position as the application site benefits from an extant planning permission which could be implemented and does not require the ecology benefits not secured.  It is therefore considered that the enhanced ecological benefits secured through this revised scheme along with the enhanced landscaping scheme, it is considered that the proposed development would accord with Policy DM6 of the SADMP.

Infrastructure Contributions

Libraries  ...  view the full agenda text for item 186.

Application for residential development of 73 dwellings with associated access and public open space (resubmission of 20/00131/FUL).

The agent and a representative of Market Bosworth Parish Council spoke on this application.

It was moved by Councillor Cook and seconded by Councillor Findlay that permission be granted with any changes to the S106 contributions being brought back to the Planning Committee for consideration. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to:

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

·         40% affordable housing with a split of 75% affordable rented and 25% of the units shared ownership

·         £3,616 towards civic amenity

·         £378,438.32 - £537,491.12 towards primary and secondary education in Market Bosworth

·         Provision of bus stop improvements to the two nearest bus stops on Station Road

·         Travel packs (one per dwelling)

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

·         £236,590 for play and open space

·         £2,210 for libraries

·         £36,960.81 towards the cost of providing additional accommodation for 176 patients at Market Bosworth GP surgery

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

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

(iii)         The Planning Manager be granted powers to determine the terms of the S106 agreement including trigger points and claw back periods;

(iv)         Any changes subsequently proposed to the developer contributions be brought back to Planning Committee for consideration.

Application for erection of a new workshop and ancillary services building, new wash bay building and change of use of land to create an agricultural machinery display area.

Late items received after publication of main agenda:

Consultations:-

Lead Local Flood Authority (received 18/10/21) –

The amended Flood Risk Assessment includes infiltration results. In light of the findings, the applicant has chosen to amend the surface water drainage strategy to discharge surface water drainage at Qbar into an adjacent watercourse. The LLFA is content with this, subject to planning conditions to secure a surface water drainage scheme, details of surface water management during construction and details of long-term maintenance of the surface water drainage system.

County Ecology (7/10/21) –

The revised Lighting Strategy received 5/10/21 by the LPA does not address the lighting onto the vegetation to the south of the proposed machinery storage/display area (the vegetation between that proposed area and the existing workshop building and proposed vehicle wash). 

Environmental Health (6/10/21) –

The revised Lighting Strategy received 5/10/21 by the LPA has improved light spill and levels are within the guideline criteria for the correct Environmental Zone.  Condition the plan and hours of lighting as per the site operating hours.

Update from agent (7/10/21) –

• The agent is content that a revised lighting strategy could be secured by condition.
• The agent confirms the submitted appeal of the previous application 20/00400/FUL will be withdrawn if the current application is approved.

Appraisal:-

The LLFA have confirmed that they are content with the proposed surface water strategy and have no objection to the proposal.  There are therefore no consultee objections to the proposal.

A revised lighting strategy, and its hours of operation can be secured by condition.

Recommendation:-

The recommendation at section 11 of the committee report is updated as follows:

11.1    Grant planning permission subject to:

·         Planning conditions outlined at the end of this report, and the following further conditions 16-18 recommended by the LLFA, and the following amended wording of conditions 8, and

·         Remove reference to the lighting scheme from condition 2.

11.2    That the Planning Manager be given powers to determine the final detail of planning conditions.

Further conditions:

16.       No development approved by this planning permission shall take place until such time as a surface water drainage scheme has been submitted to, and approved in writing by the Local Planning Authority.

REASON: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site.

17.       No development approved by this planning permission shall take place until such time as details in relation to the management of surface water on site during construction of the development has been submitted to, and approved in writing by the Local Planning

Authority.

REASON: To prevent an increase in flood risk, maintain the existing surface water runoff quality, and to prevent damage to the final surface water management systems though the entire development construction phase.

18.       No occupation of the development approved by this planning permission shall take place  ...  view the full agenda text for item 187.

Application for erection of a new workshop and ancillary services building, new wash bay building and change of use of land to create an agricultural machinery display area.

An objector, the applicant and agent spoken on this application.

It was moved by Councillor R Allen, seconded by Councillor Boothby and

RESOLVED –

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

(ii)          The Planning Manager be granted powers to determine the final details of the planning conditions.

Application for external step lift.

Application for external step lift.

An objector spoke on this application.

It was moved by Councillor R Allen, seconded by Councillor C Allen and

RESOLVED –

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

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

Application for erection of nine detached dwellings.

Late items received after publication of main agenda:

Consultations:-

Since publication of the agenda one further neighbour letter has been received raising the following points;

·         I was not notified of the date of this hearing, I heard about it via a neighbour. When I contacted planning to explain this they did send me a link to the information. However since then I have learnt that other neighbours who opposed have not been sent the information either.

·         Previous approval was for 3 properties, and nothing fundamental has changed which would suddenly make the building of 9 properties acceptable.

·         The line of splay visibility to the east is likely to be substandard as the road bends round. It should be a triangle 2.4m back from the kerb for 43m along the road each way.

·         A balcony is usually positioned so a nice view may be appreciated. Balconies on these proposed plans will impact on the privacy of existing properties as the ‘view’ will be our gardens and our rear outlook. The view will not be their own ‘grounds’ as the gardens that have been planned are disproportionately small relative the size of the house.

Appraisal:-

Officers checked the system and can confirm that a letter or e-mail has been sent to everyone who made a comment on the application, therefore contributors have been notified of Committee in accordance with correct procedure.

Whilst planning permission has been granted for three dwellings on the site previously, this does not prevent the consideration of a scheme for nine dwellings, on its own merits. The material considerations are set out within the report to committee.

The Committee report contains a highway safety section at paragraph 8.30 onwards (page 113 of the agenda). Whilst the Highways Design Guide sets out junction visibility, this is applicable to adoptable public highways, which this section of Breach Lane is not. Nonetheless, the junction at the access to the new development and Breach Lane is considered acceptable. Allowing for two way vehicle movement with approaching traffic coming from one direct at relatively low speeds.

Amended plans have been received which details a screen to prevent overlooking from the proposed dwellings, in to the adjoining plots. With regards to privacy of existing neighbours, the balconies are considered to be a sufficient distance from boundaries with neighbouring gardens for acceptable levels of private amenity to be maintained. Furthermore, the layout of the proposed dwelling in relation to neighbouring plots means that overlooking of private amenity space is limited.

Recommendation:-

The recommendation does not change from that as printed on the agenda.

Application for erection of nine dwellings.

An objector and the applicant spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor R Allen and seconded by Councillor C Allen that the development would not complement and enhance the character of the area and was detrimental to highway safety and should therefore be refused. Upon being put to the vote, the motion was LOST.

It was subsequently moved by Councillor Flemming, seconded by Councillor Lynch and

RESOLVED –

(i)            Permission be granted subject to:

a.    The completion of a legal agreement to secure off site play and open space contributions

b.    The conditions contained in the officer’s report

(ii)          The Planning Manager be granted powers to determine the final detail of the planning conditions and legal agreement.

Application for residential development up to 70 dwellings with associated access, landscaping, open space and drainage infrastructure (outline – access to be considered).

Late items received after publication of main agenda:

Consultations:-

Consultee response from NHS West Leicestershire CCG received 11/10/21, summarised below:

·         The development could result in an increased population of 169 patients.

·         The likely impact on consulting room provision would be 4.4552 minutes of patient appointment time per week, and a likely impact on nurse treatment room provision of 1.188058667 minutes of patient appointment time per week.

·         The GP services at the small surgery at Pine Close Stoke Golding are provided by Castle Mead Medical Practice Hinckley, and this is the surgery that will pick up the care of the majority of the identified population.

·         The practice has seen a 10% rise in its registered population over the last 5 years, and a steady rise in those using the Stoke Golding surgery.

·         The practice would need to improve and increase clinical services at the Stoke Golding Surgery to meet the needs of the identified population.  The cost of an extension to the surgery to accommodate the additional patients is £35,441.87 and therefore this sum is requested to be secured in the S106 agreement.

Further comments have been received from Cllr Collett dated 13/10/21, raising the following points:

·         Major development that is contrary to the emerging Stoke Golding Neighbourhood Plan (SGNP)

·         The Examiner of the SGNP recommends that the emerging SGNP proceed to referendum

·         The Examiner did  not see the need to allocate further housing sites in the SGNP, to meet emerging evidence of housing need    

·         The Council agreed 11/10/21 that the emerging SGNP should proceed to referendum

·         Substantial weight should be given to the emerging SGNP

·         The emerging SGNP does not want this site developed or development outside of the settlement area

·         It is inconsistent to agree to the referendum and grant permission contrary to the emerging SGNP before the referendum

·         The SGNP provides for 158 homes 2020-39 at Stoke Golding and the Council will meet its Local Plan targets.

·         The application should be rejected

Policy update:

·         On 11/10/21 the Council issued a Regulation 18 Decision Statement on the emerging SGNP.

·         The Council agree to the recommendations, modifications and the reasons for them, in the Examiners Report on the emerging SGNP

·         The emerging SGNP can proceed to referendum. 

Public consultation responses:

Two additional neighbour letters have been received raising the following points:

·         Significant increase in village population

·         Facilities are already over stretched

·         Stoke Golding has already had development recently which don’t look good

·         Within the Planning Officer’s document for Stoke Fields Farm, there are very pointed remarks and conclusions that go against the entire intention of the Neighbourhood Plan process. If these remarks are not withdrawn, and the Stoke Fields Farm application is approved because of these incorrect remarks, then this will very quickly become a National concern for any community embarking on a Neighbourhood Plan.

·         The Stoke Golding Neighbourhood Plan Team provided a detailed interpretation of our  ...  view the full agenda text for item 190.

Application for residential development of up to 70 dwellings with associated access, landscaping, open space and drainage infrastructure (outline – access to be considered).

An objector, the agent and a representative of Stoke Golding Parish Council spoke on this application.

It was moved by Councillor Boothby and seconded by Councillor R Allen that the application be deferred for further discussion with the applicant. Following further discussion, the motion was withdrawn.

It was moved by Councillor Bray and seconded by Councillor Walker that permission be granted. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to:

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

·         On-site open space minimum requirement of 1176sqm casual/informal play spaces and a 20 year maintenance cost (minimum of £12,700.80), a minimum of 2800sqm of natural green space along with a 20 year maintenance cost (minimum of £39,760.80);

·         Off-site equipped children’s play space contribution of £45,846.36 towards site SGT10 and 10 year maintenance of £22,125.60 and outdoor sports provision contribution of £24,326.40 towards site STG10 and 10 year maintenance contribution of £11,558.40

·         40% affordable housing (28 units) with a split of 75% of the units as social/affordable rented and 25% of the units as intermediate tenure

·         Affordable rented mix shall comprise: 6 x 1 bedroomed two person maisonettes or quarter houses, 8 x 2 bed four person houses and 7 x 3 bedroomed five person houses

·         The intermediate tenure should consist of a mixture of two and three bedroomed houses

·         Local connection requirement for the affordable housing and cascade mechanism

·         £3,467 civic amenity contribution towards Barwell household waste recycling centre

·         £2,120 towards provision of additional resources at Hinckley library, Lancaster Road, Hinckley

·         £417,039.41 towards education facilities (St Margaret’s Church of England Primary School, Stoke Golding £306,432.00, Redmoor Academy £65,962.44 and Hinckley Academy and John Cleveland Sixth Form Centre £44,645.37)

·         1 x travel pack per dwelling along with provision of application forms for 2 x 6 month bus passes (currently Arriva)

·         Replacement flags at the nearest two bus stops on Hinckley Road opposite Greenwood Road and outside number 87 (IDs 2571 and 2566)

·         £35,441.87 for NHS West Leicestershire CCG to improve and increase clinical services at the Stoke Golding surgery to meet the needs of the identified population

b.    Planning conditions contained in the officer’s report;

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

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

Application for two storey front extension.

Application for two storey front extension.

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

RESOLVED –

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

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

Application for variation of condition 2 (plans) of planning permission 18/00751/DEEM to amend internal road layout, attenuation pond design, increased service yard and plant room, increased administration building and elevation changes to the ceremonial hall.

Application for variation of conditions 2 (plans) of planning permissions 18/00751/DEEM to amend internal road layout, attenuation pond design, increased service yard and plant room, increased administration building and elevation changes to the ceremonial hall.

Councillor Boothby left the meeting at 9.18pm.

It was moved by Councillor Bray, seconded by Councillor R Allen and

RESOLVED –

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

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

Application for variation of condition 2 (plans) attached to planning permission 19/00413/FUL.

Application for variation of condition 2 (plans) attached to planning permission 19/00413/FUL.

It was moved by Councillor Flemming, seconded by Councillor Walker and

RESOLVED –

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

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

Councillors Bray and Furlong were absent for the vote on this item.

To report on progress relating to various appeals.

Members received an update on progress in relation to appeals.