Agenda and minutes

Apologies for absence were submitted on behalf of Councillors C and R Allen.

To confirm the minutes of the meeting held on 10 May 2022.

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

RESOLVED – the minutes of the meeting held on 10 May be confirmed and signed by the chairman.

Councillors Flemming, Lynch and Walker stated they were members of Burbage Parish Council’s Planning Committee where application 21/01131/OUT had been discussed but they had not voted on the application and came to this meeting with an open mind.

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

It was reported that all decisions had been issued.

Application for single storey outbuilding.

Late items received after preparation of main agenda:

Consultations:-

An additional objection has been received, raising the following points;

1.      Amendments decrease length by 2m but increase height by 0.9m

2.      Reduction in overall size is 6% but height increased by 20%

3.     Building will be overbearing on neighbouring pool house

4.     Amendments do no overcome issue of being inappropriate development for a garden and do not enhance conservation area

5.     Impact of tactor movements on immediate locality

Cadeby Community Trust have raised a further objection with regards to the height of the building proposed.

Application for single storey outbuilding.

An objector, the applicant and the ward councillor spoke on this application.

Whilst generally in support of the application, it was requested that condition 5 be amended to include the words “in perpetuity” to ensure the restrictions on use to those associated with the existing dwelling were permanent. It was moved by Councillor Bray, seconded by Councillor Flemming and

RESOLVED – permission be granted subject to the conditions contained in the officer’s report and the abovementioned amendment to condition 5.

Outline planning application for the erection of up to 80 residential dwellings (use class C3), open space provision and associated infrastructure, with all matters reserved except access.

Late items received after preparation of main agenda:

Introduction:-

Comments received from LCC Highways raising queries with regards to off-site works. Recommendation to defer the item to a future Planning Committee to allow for the comments from LCC Highways to be actioned.

Outline application for the erection of up to 80 residential dwellings (use class C3), open space provision and associated infrastructure, with all matters reserved except access.

It was reported that the local highways authority had raised queries with regards to off-site works and therefore recommended that the item be deferred to a future meeting to allow for the comments to be actioned.

On the motion of Councillor Bray, seconded by Councillor Flemming, it was

RESOLVED – the application be deferred to a future meeting.

Application for conversion of agricultural buildings into two residential dwellings, refurbishment of farmhouse and erection of four new dwellings with associated access and landscaping.

Late items received after preparation of main agenda

Consultations:-

Two additional letters of objection have been received regarding:

1.    The application would result in development outside the settlement boundary

2.    The application would result in the development of larger units C and D than the existing approval under 13/01095/FUL

3.    The developer/owner has breached the existing conditions on approval 13/01095/FUL

4.    The developer/owner has shown complete disregard for the local neighbours, the Environment Agency, the Health and Safety Executive (“HSE”) and the Council when developing the site

5.    Various errors within the committee report

6.    Development is not in a sustainable location

7.    A decision notice should not be issued before all additional information required is received and assessed

Appraisal:-

All of the above comments/objections have already been appraised within the original committee report. Comments have been raised in terms of errors within the committee report, these have been reviewed.

Infrastructure Contributions - POS

This section adds to paragraphs 8.39-8.44 of the committee report and identifies the contributions required for this site.

Policies 1 and 19 of the adopted Core Strategy seek to address existing deficiencies in the quality, quantity and accessibility of green space and children’s play provision within Hinckley. Policy 1 of the adopted Core Strategy and Policy 11 of the adopted Hinckley Town Centre AAP seek new development to enhance the public realm within Hinckley town centre. The Open Space and Recreational Study (2016) provides further advice on the quality of facilities at each designated public open space. In line with the up to date standards identified in the 2016 study the table below identified the requirements for open space. There would also be a requirement for the maintenance of on-site open space provision for a 20 year period and for the maintenance of off-site open space provision for a 10 year period.

The provision of Play and Open Space is required for compliance with Policies 1 and 19 of the Core Strategy and Policy DM3 of the adopted SADMP. These Policies are consistent with the NPPF in helping to achieve the social objective of sustainable development through promoting healthy and safe communities as addressed in section of 8 of the NPPF. The provision of play and open space helps support communities health,  ...  view the full agenda text for item 26.

Application for conversion of agricultural buildings into two residential dwellings, refurbishment of farmhouse and erection of four new dwellings with associated access and landscaping.

An agent speaking on behalf of objectors and the ward councillor spoke on this application.

Whilst not relevant in consideration of this application, Members expressed concern about the history of the site including the need to regularise unauthorised development.

It was moved by Councillor Bray and seconded by Councillor Lynch that permission be granted in accordance with the officer’s report and late items with an additional condition in relation to removal of permitted development rights and assurance that the site would be monitored by the enforcement team. A request was made for the redrawing of the settlement boundary in the new local plan.

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

RESOLVED –

(i)            Planning permission be granted subject to:

a.    Confirmation of acceptance of the scheme to Natural England in terms of nutrient impact on the River Mease SAC;

b.    A section 106 agreement to secure a contribution of £6,662.36 towards play and open space provision and a contribution towards management and maintenance of £3,431.52;

c.    The conditions contained in the officer’s report and the abovementioned additional condition in relation to removal of permitted development rights.

(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 clawback periods;

(iv)         The site be monitored by the enforcement team.

Application for conversion, extensions and change of use of existing barn to form one dwelling with associated curtilage and new vehicular access (20/00668/FUL resubmission)

Late items received after preparation of main agenda:

Consultations:-

The additional below objections have been received following the publication of the Committee agenda making the following points:

1.    Loss of greenfield site

2.    Potential for further development

3.    No need for additional dwellings in Nailstone

4.    No special architectural features left to the barn

5.    Long drive required - potential noise and dust issues

6.    Ecology impact – bats.

Application for conversion, extensions and change of use of existing barn to form one dwelling with associated curtilage and new vehicular access (20/00668/FUL resubmission).

An objector and the agent spoke on the application.

Whilst in support of the officer’s recommendation, it was requested that condition 5 be amended to remove permitted development rights and an additional condition be added in relation to landscaping to require planting of native hedgerows.

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

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report with condition 5 amended to remove permitted development rights and an additional condition requiring details of landscaping to be submitted which was to include planting of native hedgerows;

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

Application for demolition of existing poultry and cattle buildings and residential development of up to 150 dwellings with vehicular access from Sketchley Lane (outline - vehicular access only).

Late items received after preparation of main agenda:

Introduction:-

Please see the correct site location plan below to supersede the existing plan in the committee extract;

Consultations:-

Additional objections have been received, raising the following points:

1.    The history of the application to develop this site has been disregarded.

2.    The previous application was changed to refusal, when the Burbage Neighbourhood Plan surfaced because the area was designated a green corridor.

3.    The application was upheld by HBBC planning committee, and then taken to appeal by the applicant. The Planning Inspector upheld the decision, siting damage to the character of the area, and concerns regarding traffic.

4.    The current application has been amended to increase homes from 140 to 150, with removal of the ind est. extension, access to which was through the existing Est. Access to the residential area is via Sketchley Lane as previously. The degradation of the Sketchley area would be no different to that described by the Inspector, the basis for him upholding officer and councillor decisions to refuse the application.

5.    I am at a loss to understand why the Neighbourhood Plan requirement for a green corridor is disregarded by Planning Officers this time, when it was of pivotal importance previously, initiating their recommendation to reject.  I am also at a loss to understand why the reasoning, given by the Government Inspector to uphold his decision to reject, can be disregarded when nothing has changed to justify it.

6.    Previous application dismissed at appeal

7.    Impact on character of Lane and urbanising impact

8.    Highway impact - traffic volumes

Recommendation:-

Amendment to Planning Condition 20 to read:

No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on 50711-5501-002 have been implemented in full.

Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with Policy DM17 of the Site Allocations and Development Management Policies DPD and the NPPF (2021).

Amendment to Planning Condition 25 to read:

No development shall take place until a feasibility study for a link between Bridleway U67 and Troon Way has been submitted to and approved in writing by the Local Planning Authority. Such a study shall include, the extent of existing highways, identification of landowners concerned, surfacing, width, structures, signing and landscaping and a proposed scheme, in accordance with the principles set out in the Leicestershire County Council's Guidance Notes for Developers. That part of any approved link which falls within the application site (as defined on approved Site Boundary Drg No edp4824_d002h received 08/09/21) shall be implemented in full prior to occupation of any development hereby permitted unless otherwise agreed in writing with the Local Planning Authority'.

Application for demolition of existing poultry and cattle buildings and residential development of up to 150 dwellings with vehicular access from Sketchley Lane (outline – vehicular access only).

An objector and the agent spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Walker and seconded by Councillor Flemming that permission be refused for the following reasons:

1.    The application proposed development in the countryside, where its built form would be at odds with the site’s current open character and semi-rural nature which was appreciated from the surrounding footpaths. The development would not protect the intrinsic value, beauty and open character of this countryside location and was therefore be contrary to policy DM4 of the Site Allocations and Development Management Policies DPD 2016;

2.    The development would create an increase in vehicular movements along Sketchley Lane, an access road that has restricted width, which would result in the development having a severe impact on highway safety and was therefore contrary to policy DM17 of the Site Allocations and Development Management Policies DPD 2016. Furthermore, the proposed off-site highway mitigation works would result in an urbanising impact on the rural lane contrary to policy DM10 of the Site Allocations and Development Management Policies DPD 2016.

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

RESOLVED – permission be refused for the abovementioned reasons.

To report on progress relating to various appeals.

Members received an update on appeals.