Agenda and minutes

Planning Committee - Tuesday, 15 March 2022 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 via YouTube 

Media

Items
No. Item

354.

Apologies and substitutions

Minutes:

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

 

Councillor Cartwright for Councillor Flemming

Councillor Cook for Councillor R Allen

Councillor Ladkin for Councillor C Allen

Councillor O’Shea for Councillor Smith

Councillor P Williams for Councillor Cope.

355.

Minutes pdf icon PDF 110 KB

To confirm the minutes of the meeting held on 15 February 2022.

Minutes:

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

 

RESOLVED – the minutes of the meeting held on 15 February 2022 be approved and signed by the chairman.

356.

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:

No interests were declared at this stage.

357.

Decisions delegated at previous meeting

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

Minutes:

It was reported that all decisions delegated at the previous meeting had been issued.

358.

21/00674/FUL - 19-21 Ratby Road, Groby pdf icon PDF 531 KB

Application for change of use from residential to commercial for 21 Ratby Road, demolition of retaining walls and outbuildings and erection of two dwellings including the formation of new access and car park (resubmission of 20/01262/FUL)

Minutes:

Application for change of use from residential to commercial for 21 Ratby Road, demolition of retaining walls and outbuildings and erection of two dwellings including the formation of new access and car park (resubmission of 20/01262/FUL).

 

The agent and a ward councillor spoke on this application.

 

Notwithstanding the officer’s recommendation that permission be granted, some members felt that the noise from the businesses would have a detrimental impact on neighbours, the required visibility splay could not be met thereby having a detrimental impact on highway safety and the type and style of the proposed development would be detrimental to the conservation area and the streetscene. It was moved by Councillor Cartwright and seconded by Councillor Bray that permission be refused for those reasons. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – permission be refused for the following reasons:

 

(i)            The proposed development would lead to a detrimental impact on neighbours due to the noise from the businesses and was therefore contrary to policy DM10 of the Site Allocations and Development Management Policies DPD;

 

(ii)          The proposed development would be out of keeping with the streetscene and detrimental to the conservation area due to the type and style of the properties and was therefore contrary to policy DM12 of the Site Allocations and Development Management Policies DPD;

 

(iii)         The proposed development would be detrimental to highway safety due to a suitable visibility splay being unachievable due to marked on-street parking spaces on Ratby Road and was therefore contrary to policy DM17 of the Site Allocations and Development Management Policies DPD.

359.

21/00691/FUL - Ratby Sports Club, Desford Lane, Ratby pdf icon PDF 423 KB

Application for four temporary mobile classrooms for educational use, play area, 2.1 metre high gates and fence

 

Late items received after preparation of agenda:

 

Consultations:-

 

Confirmation received on behalf of Ratby Cricket Club that they have no objections to the above application.

Minutes:

Application for four temporary mobile classrooms for educational use, play area, 2.1 metre high gates and fence.

 

The agent spoke on this application.

 

Notwithstanding the officer’s recommendation that permission be granted, some members felt that the proposed development would lead to additional demand for parking and would therefore be detrimental to highway safety due to overspill of parking onto Desford Lane and that the site was not a suitable location for mobile classrooms. It was moved by Councillor Boothby and seconded by Councillor O’Shea that permission be refused for this reason. Upon being put to the vote, the motion was LOST.

 

It was subsequently proposed by Councillor Findlay, seconded by Councillor Furlong and

 

RESOLVED –

 

(i)            Temporary 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.

360.

21/01189/FUL - land rear of 8 Wykin Road, Hinckley pdf icon PDF 694 KB

Application for one dwelling

 

Late items received after publication of agenda:

 

Consultations:-

 

Seven letters of objections from separate households have been received since the committee report was written raising the following concerns:

 

1.         The drawings and plans provided for the new plan showing the proposed 4 bedroom dormer bungalow are incorrect in the detail shown and too many dimensions have been omitted. Insufficient detail for planning evaluation.

2.         There is insufficient parking provision for 4 bed bungalow with no provision for visitor parking. The turning circles provided are inadequate. On street parking is inevitable.

3.         The parking for the existing property at 8 Wykin road is inadequate and turning circles impossible for 2 car parking.

4.         The drawings do not show the new development properties at 12 Wykin road - 7 properties. There is no consideration of how the dormer bungalow will affect these properties.

5.         The drawings do not show the new extension erected on the property at 10 Wykin road.

6.         The drawing shows 2 cars side by side on the west side of existing property at 8 Wykin road - this is impossible.

7.         The property will encroach upon the privacy of 8, 10 Wykin road and the Pepper box existing developments. This is contrary to HBBC planning criteria.

8.         Bin collection allocated position is located too close to rear garden access road.

9.         There is no safety protection for side door exit for occupiers of existing property of 8 Wykin road.

10.      The access flays are totally inadequate - see previous conditions demanded for visibility at 12 Wykin road. This pavement is a major thoroughfare to Redmoor academy.

11.      The development is not in a position to control access visibility at the border of 10 Wykin road.

12.      The development is not in a position to control access visibility at the border of 6 Wykin road.

13.      The plans do show the relationship between the border of 8 and 10 Wykin road at critical zone of property of 10 Wykin road and access road to new development on 8 Wykin road.

14.      The gardens afforded to the existing property at 8 Wykin road and new property in original back garden are not in character with surrounding properties. This is against HBBC policy and standards.

15.      No provision on site for storing building materials, parking of construction workers vehicles.

16.       No provision for cleaning of construction vehicles prior to site exit.

17.       Development too close to existing properties at 6, 8 and 10 Wykin rd.

18.      Newly erected building at 6 Wykin road severely impacts visibility of exit from 8 Wykin road,

19.       No provision for separate pedestrian access to 8 Wykin road.

20.       Impact upon school traffic and student (high h&s impact)

21.      Inadequate turning provisions on site. Fire fighting vehicle would not be able to access and manoeuvre on site.

22.       No allowance for delivery of goods and access by service/emergency vehicles.

23.      There would be an adverse impact on the amenities of existing  ...  view the full agenda text for item 360.

Minutes:

Application for one dwelling

 

The agent and the county councillor spoke on this application.

 

It was moved by Councillor Cartwright, seconded by Councillor Bray 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.

361.

20/01374/FUL - Breach Lane Farm, Breach Lane, Earl Shilton pdf icon PDF 355 KB

Application for change of use of land for the storage, repair, restoration and sale (ancillary) of vehicles, associated shipping containers and area of hardstanding (sui generis) (part retrospective)

 

Late items received after preparation of agenda:

 

Consultations:-

 

Following revision to the application form, re-consultation was sent to all previous consultees.  The date of expiry for these response is 15th March 2022. 

 

We are still waiting responses from the Environment Agency, Ramblers Association, Leicestershire Footpaths, Earl Shilton Town Council and LHA. 

 

We have received responses from Ecology, Environmental Health and Waste.  No additional objections have been raised subject to conditions. 

 

An additional letter of representation has been received on behalf of a neighbour raising an objection and the following points:

 

  • Concerned about the way in which the application has been carried out and the answers provided in the planning application form
  • Conflict with DM4
  • Inadequate officer assessment of DM4
  • Ancillary sales is not included in the description
  • Conflict with DM17
  • Conflict with DM7
  • No highway assessment
  • Impact on highway safety and capacity
  • Ecology
  • Impact on neighbour amenity/visual impact
  • Procedural errors

 

Appraisal:-

 

The Officer recommendation remains as previous, to allow delegated powers to approve subject to conditions. These conditions, amongst the standard time and plans conditions, include the following:

 

  • Restriction on the occupancy of the dwelling to the proposed business use. 
  • Restriction of ancillary sales
  • Restriction on outside storage of vehicles
  • Landscape implementation and management
  • Restriction on delivery times
  • Ecology enhancement
  • Waste management
  • Noise and dust management plan
  • Hours of operation restricted

·         Highway conditions

Minutes:

Application for change of use of land for the storage, repair, restoration and sale (ancillary) of vehicles, associated shipping containers and area of hardstanding (sui generis) (part retrospective)

 

An objector and the applicant spoke on this application.

 

Notwithstanding the officer’s recommendation that permission be granted, members felt that the location was unsuitable for the proposed use and therefore contrary to policy DM4 of the Site Allocations and Development Management Policies DPD as it did not enhance the countryside. It was moved by Councillor Bray, seconded by Councillor Furlong and

 

RESOLVED –

 

(i)            Authority be delegated to the Director (Environment & Planning) to refuse permission at the conclusion of the consultation period due to the site being unsuitable for the proposed use and therefore contrary to policy DM4 paragraph B of the Site Allocations and Development Management Policies DPD;

 

(ii)          Enforcement action be pursued.

362.

Appeals progress pdf icon PDF 190 KB

To report on progress relating to various appeals.

Minutes:

Members received an update on progress in relation to various appeals. It was moved by Councillor W Crooks, seconded by Councillor O’Shea and

 

RESOLVED – the report be noted.