Agenda and minutes

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

Councillor Glenville for Councillor Lynch

Councillor Morrell for Councillor R Allen

Councillor P Williams for Councillor Cope.

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

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

RESOLVED – the minutes of the meeting held on 15 March be confirmed and signed by the chairman.

Councillor Williams declared an interest as a member of Burbage Parish Council’s Planning Committee where he had taken part in debate and voting on application 21/01210/FUL. He stated that he would refrain from voting on this application.

Councillors Flemming and Walker stated that they were members of Burbage Parish Council’s Planning Committee and had been present during discussion on application 21/01210/FUL but did not vote.

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

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

Application for demolition of buildings and dwelling and construction of five dwellings.

Late items received after preparation of main agenda:

Consultations:-

Consultation response received from LCC Archaeology;

No objections subject to archaeological requirements, for Level 3 Historic Building Recording, and Archaeological Attendance on the buildings' groundworks. Attendance on the buildings' groundworks.

Additional proposed planning condition:

"No demolition/development shall take place/commence until a written scheme of investigation (WSI) has been submitted to and approved by the local planning authority in writing.  For the land and structures that are included within the WSI, no demolition/development shall take place other than in accordance with the agreed WSI, which shall include the statement of significance and research objectives, and

- The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works

- The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the WSI"

Reason: To ensure a satisfactory historic building survey and archaeological attendance and to record and advance understanding of the significance of the affected resource prior to its loss.

The "Programme of Work" referred to will in this case be the historic building survey recording and archaeological attendance during development, in accordance with the Specification to be agreed.

LCC Highways comments:

- Condition 5 = Reason: To ensure that the development has a satisfactory external appearance in accordance with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016) and to prevent overgrowth in the interests of protecting Public Rights of Way and access in accordance with Paragraph 100 of the National Planning Policy Framework (2021).

- Condition 6 = Reason: To protect the amenities and privacy of occupiers of the adjoining property in accordance with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016) as well as in the interests of protecting Public Rights of Way and access in accordance with Paragraph 100 of the National Planning Policy Framework (2021).

- Condition 15 = Reason: The safety, operational needs, and integrity of the railway as well as to ensure the Public Right of Way is safe and available during the period of construction in the interests of protecting and enhancing Public Rights of Way and access in accordance with Paragraph 100 of the National Planning Policy Framework (2021).

Application for demolition of buildings and dwelling, construction of five dwellings.

An objector and the agent spoke on this application.

Whilst generally in support of the application, members felt that an additional condition should be included in relation to signage on the highway. It was moved by Councillor Bray, seconded by Councillor J Crooks and

RESOLVED – permission be granted subject to the conditions contained in the officer’s report and late items, and the abovementioned additional condition relating to signage.

Application for 50 dwellings, 1 replacement dwelling and 49 affordable units

Late items received after preparation of main agenda:

Consultations:-

Post publication of the Committee agenda the applicant submitted further information in relation to the request made by LCC Archaeology.  LCC Archaeology have been notified of the details and had 7 days within which to comment. This response was received on 7 April 2022 (post the re-consultation deadline which was 5 April 2022).

Taking the information from the trial trenching into account, we are recommending to HBBC that a further stage of conditioned trial trenching be undertaken. Although we note the results of the evaluation, there remains large areas of site for which we have little to no information. The potential for medieval and post-medieval remains increases as the site rises towards the ridge, and closer to the historic settlement core. As such we will be advising that further work is necessary post-determination, to investigate those areas of site with a remaining archaeological potential. We will advise that both stages of archaeological works (exploratory trial trenching and subsequent mitigation, if deemed appropriate) should be conducted following buildings' demolition but prior to subsequent development.

Application for demolition of farm buildings and Ashby House and development of 50 dwellings comprising 40 affordable houses and 1 bungalow to replace Ashby House, with access road off Leicester Road, open space, landscaping, drainage basin and foul pumping station.

The agents spoke on this application.

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

RESOLVED –

(i)            Planning permission be granted subject to:

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

·         Two six-month bus passes per dwelling (currently £360 per pass for an Arriva bus service)

·         One travel pack per dwelling (currently at a cost of £52.85 per pack if supplied by LCC)

·         Waste £2457.00

·         Libraries £1500.00

·         Leicestershire CCG (health) £20,137.43

·         Education – secondary school (11-16) sector requirement £146,279.31 and post 16 sector requirement £31,251.76, totalling £177,531.07

·         Open space – 100m² LAP and 1908.4m² of natural green space on site and an off-site contribution of £17,376.00 towards outdoor sports provision and associated off site maintenance contribution

·         49 affordable dwellings comprising 26 units for affordable rent (22 x two beds & four x three beds) and 23 units for shared ownership (nine x two beds & 14 x three beds)

b.    The 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 powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Application for residential development for up to 140 dwellings (Outline – access only) with public open space, landscaping and sustainable drainage system (SuDS).

Late items received after preparation of the main agenda:

Consultations:-

The local highway authority have requested a contribution towards the removal or replacement of any trees impacted as part of the development proposals, to be agreed with Leicestershire County Council  Their justification for this is that the development proposals may impact trees which hold an amenity value to Leicestershire County Council and compensation would therefore be required for their loss.

This request is to be included within the Section 106 legal agreement should Members be minded to approve the application.

- Proposed contribution of £106,884 to Leicestershire County Council for Early Years education provision.

- The Committee report specifies a lack of information in regards to Early Years provision in the area as a reason the request was not deemed CIL compliant and further information has been provided in this regard, summarised as below:

- Including 2 other developments proposed in the area, totalling 1,640 houses, the total demand on Early Years provision in the area is 152 places; 140 created by the 2 developments, and 12 places created by this development. It should be noted that we would only consider making a request for contributions from developments of 100 dwellings or more, so there may also be unaccounted demand from other, smaller developments in the area that we would not make a request for contributions for.

- Primarily, the contributions towards Early Years provision would be spent on accommodating the demand at St Simon and St Jude's Primary School, being the closest site to the development. We may also consider improving other nearby facilities if the demand arises, and this would be through provision of new, or improvement, remodelling or enhancement of existing facilities at Early Years providers or schools in the locality of the development which the residents of the development would usually be expected to attend, or the creation of new premises.

Application for residential development for up to 140 dwellings with public open space, landscaping and sustainable drainage system (SuDS) (outline – access only).

The applicant spoke on this item.

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

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:

·         Waste management contribution of £6934.00

·         Library contribution of £4,230.00 (rounded up to the nearest £10)

·         Contributions in respect of secondary education of £417,940.88

·         Contributions in respect of post 16 education of £89,290.74

·         Contributions in respect of SEN of £79,027.74

·         Contributions in respect of early years education provision of £106,884.00

·         Health contribution to be reported

·         Highways contribution of £7,500.00 (in order to revoke the existing one way system on the arm of Shilton Road

·         Two x six-month bus passes per dwelling (currently £360 per pass for an Arriva bus service)

·         One travel pack per dwelling (currently £52.85 per pack if supplied by LCC)

·         Sustainable travel accreditation and recognition scheme monitoring fee of £6,000.00

·         Improvements to the wider rights of way network (footpath T94) linking the application site with Earl Shilton at a cost of £40,000.00

·         20% affordable housing comprising 28 dwellings (21 units for social or affordable rent weighted towards one-bed two-person flats or quarter houses and two-bed four-person houses and seven units for intermediate tenure comprising a mix of two and three-bedroomed houses)

·         Off-site outdoor sports contribution of £48,652.80 and the associated maintenance contribution of £23,116.80

·         On-site open space to be provided alongside any associated maintenance costs comprising 504m² of equipped children’s play space, 2352m² of casual / informal space and 5600m² of accessibility natural green space

·         Contribution towards the removal or replacement of any trees impacted as part of the development proposal, to be agreed with Leicestershire County Council.

b.    The 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 powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Application for partial demolition and conversion of existing building to form new dwelling and construction of three new dwellings.

Application for partial demolition and conversion of existing building to form new dwelling and construction of three new dwellings.

Concern was expressed about the loss of a community asset and it was suggested that, should the application be approved, a sign or plaque be added to the new property to indicate that it was historically known as the “Old Brown Horse”. It was moved by Councillor Findlay, seconded by Councillor Furlong and

RESOLVED –

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

(ii)          A note to applicant be added to request a sign or plaque to indicate the historic nature of the site;

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

Application for two storey side and rear extensions.

Application for two storey side and rear extensions.

It was moved by Councillor Bray, seconded by Councillor W Crooks 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 the planning conditions.

To report on progress relating to various appeals.

An update in relation to appeals was noted.