Agenda and minutes

Planning Committee - Tuesday, 14 December 2021 6.30 pm

Venue: De Montfort Suite, Hinckley Hub. View directions

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

Note: See 'media' below to watch the meeting on YouTube 

Media

Items
No. Item

264.

Apologies and substitutions

Minutes:

Apologies for absence were submitted on behalf of Councillors C Allen, R Allen and Hodgkins, with the substitution of Councillor P Williams for Councillor Hodgkins authorised in accordance with council procedure rule 10.

265.

Minutes pdf icon PDF 119 KB

To confirm the minutes of the meeting held on 16 November.

Minutes:

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

 

RESOLVED – the minutes of the meeting held on 16 November be approved as a correct record.

266.

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:

Councillors Flemming, Lynch and Walker declared that they were members of Burbage Parish Council’s Planning Committee but hadn’t taken part in the debate or voted on application 21/00225/FUL at the meeting of that body.

 

Councillor Furlong declared that he had attended a meeting of Markfield Parish Council where application 21/00787/OUT had been discussed but he came to this meeting with an open mind.

 

Councillor Findlay declared a personal interest in application 21/00225/FUL as the proposed development was behind his house.

 

Councillor Williams declared that he had expressed an opinion on previous applications on land off Brookfield Road, Burbage but came to the meeting with an open mind in relation to application 21/00225/FUL.

267.

Decisions delegated at previous meeting

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

Minutes:

It was reported that all decisions that were not subject of a S106 agreement had been issued.

268.

21/00787/OUT - Land north east of Ashby Road, Markfield pdf icon PDF 285 KB

Application for residential development of up to 93 dwellings, public open space, landscaping and SuDS (Outline – access only) (cross boundary application with Charnwood BC)

Minutes:

Application for residential development of up to 93 dwellings, public open space, landscaping and SuDS (outline – access only) (cross boundary application with Charnwood Borough Council).

 

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Furlong and seconded by Councillor Roberts that permission be refused. Following further discussion, the motion was withdrawn.

 

It was subsequently moved by Councillor Furlong and seconded by Councillor Roberts that the item be deferred to the next meeting to seek further comment from the highways authority in relation to the concerns raised and to seek counsel’s advice on the implications of the decisions available. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – the item be deferred to seek further comment from the highways authority and counsel’s advice.

269.

21/00096/OUT - Land north of Barton Road, Barlestone pdf icon PDF 633 KB

Application for residential development for up to 55 dwellings (outline – acess only).

 

Late items received after publication of main agenda:

 

For information paragraph 5.3 – please note that Ivan Ould OBE is no longer a County Councillor and that his consultation response should be read as an objection from a member of the public and not a Councillor response.   

Consultations:-

Leicestershire County Council (S106 Obligations):

Revised Education requirement of £302,874.00 for the primary school contribution and a new post-16 sector requirement of £35,078.51.  

Leicestershire County Council (Drainage):

The minor amendments to the Masterplan do not impact surface water drainage, the LLFA advice remains the same – no objection subject to conditions.

Appraisal:-

The previous primary education requirement was for £240,768.00.  The primary education contribution has been revised because the cost multiplier in relation to primary education has been revised upwards.  The cost multiplier for a primary school place has been increased from £14,592 to £18,356 to reflect the information published in the 2021 Department for Education Report ‘National School Delivery Cost Benchmarking Report’ (May 2021).  The cost multipliers for the other education sectors remain unchanged. 

The requirement for primary education is therefore now calculated as follows:

Number of deficit places created by the development, rounded to 2 decimal places (16.5) multiplied by the DFE cost multiplier (£18,356) which equals £302,874.00.

A new post-16 sector requirement is requested. Previously, no post-16 requirement was requested as at that time (12/2/21) there was a surplus of capacity at Bosworth Academy.  A post-16 sector requirement is now requested because the Bosworth Academy has a net capacity of 377 and 441 pupils are projected on roll should this development proceed, and 2 are created by this development.  There are no other post 16 schools within a three mile walking distance of the site. A claim for an education contribution in this sector is therefore justified. In order to provide the additional post 16 school places anticipated by the proposed development, the County Council requests a contribution for the post 16 school sector of £35,078.51. This is calculated the number of deficit places created by the development, rounded to 2 decimal places (1.82) multiplied by the DFE cost multiplier in the table above (£19,327) which equals £35,078.51.  This contribution would be used to accommodate the capacity issues created by the proposed development by improving, remodelling or enhancing existing facilities at Bosworth Academy or any other school within the locality of the development.   

Both the contributions are considered to be CIL compliant as set out in paragraph 8.121 of the Committee Report.

The Agent has confirmed that the revised S106 requests do not impact upon the viability of the development.

 

Recommendation:-

The recommendation at paragraphs 1.1 and 11.1 of the Committee Report be updated to read as follows in relation to the Education contribution (updates are underlined for clarity):

·                Education contribution of £502,143.57 total to be used to accommodate the capacity issues created by the proposed development by improving, remodelling or enhancing existing facilities at Barlestone  ...  view the full agenda text for item 269.

Minutes:

Application for residential development for up to 55 dwellings (outline – access only).

 

Whilst generally in support of the proposal, members felt clarification was required on the location as the address on the application was Barlestone yet the site was in the parish of Osbaston, which could affect the destination of the precept. Councillor Bray, seconded by Councillor Findlay, proposed an amendment that determination of the final terms of the section 106 agreement be delegated to the Director in consultation with the chair of Planning Committee and the ward member. They also requested that a note to applicant be added to reconsider reducing the speed limit to 30mph along Barton Road and that officers be asked to look into protecting the large Oak Tree by way of a tree preservation order.

 

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

 

RESOLVED –

 

(i)            Permission be granted subject to:

 

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

 

·         Affordable housing at 40% (22 units) with a split of 75% of the units as social/affordable rented and 25% of the unites as intermediate tenure (shared ownership), meeting nationally described space standards;

·         Location connection requirement for the affordable housing for rent and cascade mechanism;

·         On-site open space minimum requirement of 400sqm local equipped area of play and 20 year maintenance cost (minimum of £70,240.00);

·         On-site open space minimum requirement of 924sqm of casual/informal play space alon gwith a 20 year maintenance cost)minimum of £9,979.20);

·         Off-site outdoor sports provision contribution of £19,113.60 towards site BARL10 and ten year maintenance of £9,081.60;

·         On-site open space minimum requirement of 2200sqm of accessibility natural green space along with a 20 year maintenance cost (minimum of £31,240.00);

·         Civic amenity contribution of £2,724.00 towards Barwell household waste recycling centre;

·         Library services contribution of £1,660.00 towards provision of additional resources at Market Bosworth Library, Station Road, Market Bosworth;

·         Education contribution of £502,143.57 total to be used to accommodate the capacity issues created by the proposed development by improving, remodelling or enhancing existing facilities at Barlestone Church of England Primary School or any other school within the locality of the development (£302,874.00) and The Market Bosworth School (£164,191.06) and the Bosworth Academy (£35,078.51);

·         NHS health care contribution of £27,847.18 for improvements to Barlestone branch surgery;

·         Travel packs (one per dwelling);

·         Six month travel passes (two per dwelling).

 

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

 

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

 

(iii)         The Director (Environment & Planning), in consultation with the chairman and the ward councillor, be granted delegated powers to determine the final terms of the S106 agreement including trigger points and claw back periods;

 

(iv)         A note to applicant be added to request consideration of reducing the speed limit to 30mph along the length of Barton Road;

 

(v)          Officers be asked to look into protecting the large Oak Tree at the front of the site  ...  view the full minutes text for item 269.

270.

21/00225/FUL - Land off Brookfield Road, Burbage pdf icon PDF 302 KB

Application for residential development of 40 dwellings and associated infrastructure.

 

Late items received after publication of main agenda:

 

Adjustments to the proposed layout and landscaping have been made. A tree line is proposed to the northern boundary of the site along the Railway line. A consultation was carried out with the Parish Council and LCC Ecology in light of these amendments.

Consultations:-

Burbage Parish Council have removed their objection to the application in light of the amended plans which show the tree buffer to the north of the site.

LCC Ecology maintain that the buffer to the north still needs to be larger to provide a habitat corridor.

Further correspondence has been received from LCC Developer Contributions seeking clarify on the Civic Amenity Section 106 contribution.

Appraisal:-

Ecology

The revised site layout shows a tree buffer along the northern boundary adjacent to the railway. LCC Ecology maintain their objection and request a larger buffer to the rear of the site to strengthen habitat connectivity. Overall, there is no change to the overall ecology assessment set out within paragraph 8.69 of the committee report.

The planning balance outcome remains as set out within the committee report. However paragraph 8.90 is altered as follows:

The only policy the scheme does not comply with is Policy DM6 of the SADMP due to the requested full vegetation buffer not being proposed to the north of the site. There is still a buffer proposed to strengthen habitat connectivity along the railway corridor however LCC Ecology state that the latest proposed layout is unacceptable as the buffer should be larger.

Infrastructure contributions

Civic Amenity

The committee report states that the civic amenity contribution requested by LCC is not required. This is incorrect. The contribution is calculated using a methodology that is attributed to all developments of this typology and has only been requested where necessary. Therefore the contribution relates fairly and reasonably in scale and kind. This contribution is therefore CIL compliant and requested as set out within the committee reports recommendation.

Other matters

Condition 5 within the committee report relates to waste provision. These details have been provided and therefore this condition is not necessary and will not be imposed. All other conditions remain the same but are renumbered below for completeness.

 

 

Recommendation:-

Unchanged from officer report:

Grant planning permission subject to:

·                The completion within 6 months of this resolution of a S106 agreement to secure the following obligations:

·      20% affordable housing units (8 units)

·      Education facilities contribution of  £25,511.64

·      Health care facilities contribution of £20,252.50

·      Public play and open space contribution of £83,863.20

·      Library facilities contribution of £1,210

·      Civic amenity contribution of £1,981

·      Travel Packs for the future occupiers (£52.85 per pack)

·      Six month bus passes (two per dwelling) at approximately £360 per pass

·                Planning conditions outlined at the end of this report.

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

That the Planning Director be given delegated powers to determine the terms of the S106 agreement  ...  view the full agenda text for item 270.

Minutes:

Application for residential development of 40 dwellings and associated infrastructure.

 

In introducing the application, the Director (Environment & Planning) recommended the insertion of the word “demolition” after “site preparation” in condition 9 of the report to ensure full details of how demolition of the existing properties would take place.

 

Whilst in support of the application, it was moved by Councillor Findlay and seconded by Councillor Furlong that permission be granted with an amendment that determination of the final terms of the section 106 agreement be delegated to the Director in consultation with the chair of Planning Committee and the ward member. Upon being put to the vote, the motion as amended was CARRIED and it was

 

RESOLVED –

 

(i)            Planning permission be granted subject to:

 

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

 

·         20% affordable housing units (8 units);

·         Education facilities contribution of £25,511.64;

·         Health care facilities contribution of £83,863.20;

·         Public play and open space contribution of £83,863.20;

·         Library facilities contribution of £1,210;

·         Civic amenity contribution of £1,981;

·         Travel packs for the future occupiers (£52.85 per pack);

·         Six month bus passes (two per dwelling) at approximately £360 per pass.

 

b.    The conditions contained in the officer’s report and late items with the abovementioned amendment to condition 9.

 

(ii)          The Director (Environment & Planning) be granted delegated authority to determine the final detail of planning conditions;

 

(iii)         The Director (Environment & Planning), in consultation with the chairman and the ward councillor, be granted delegated powers to determine the final terms of the S106 agreement including trigger points and claw back periods.

271.

Appeals progress pdf icon PDF 247 KB

To report on progress relating to various appeals.

Minutes:

Members received a progress report in relation to appeals. The report was noted and officers were thanked for their hard on recent appeals.