Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Boothby, Cope and Furlong, with the substitution of Councillor Morrell for Councillor Boothby authorised in accordance with council procedure rule 10.

To confirm the minutes of the meeting held on 20 December 2022.

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

RESOLVED – the minutes of the meeting held on 20 December 2022 be approved as a correct record.

Councillors Flemming, Lynch and Walker stated that they had been present at Burbage Parish Council’s Planning Committee during discussion of application 22/00192/OUT but had not voted 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 with the exception of the decision on application 21/01482/HOU which had been delegated to the Planning Manager and would be issued soon.

Application for proposed residential development of up to 85 dwellings alongside associated site infrastructure and open space (outline application – all matters reserved except for the means of access).

Late items received after preparation of main agenda:

Recommendation:-

1.1.        Following the publication of the report condition 24 has since been amended. The amended condition reads as follows;

“No development shall take place (including ground works or vegetation clearance) until a Biodiversity Net Gain Plan (the Plan) has been submitted to and approved in writing by the Local Planning Authority. The Plan shall be based on the submitted Biodiversity Net Gain metric spreadsheet (Sam Weston 05/05/2022) and shall provide a net gain on the reported baseline habitat loss. The Plan shall include the following details:

a) Location plan of the area(s) to be used for Biodiversity Net Gain;

b) Description of existing habitats on and off site;

c) Description of planned habitat creation/enhancement, including species;

d) Baseline habitat data used to inform metric;

e) Habitat creation/enhancement plans used to inform metric;

f) Timetable for implementation of habitat creation/enhancement;

g) Habitat management and monitoring plan including timetable for management routines and reviews, and strategy for any remedial measures, if and when required;

h) Mechanism for securing the implementation of the biodiversity off-setting and its maintenance/management for a period of 30 years in accordance with details approved in the Plan.

The Plan shall be supported by up to-date Biodiversity Net Gain metric calculations for both the application site and the site for off-setting using the latest DEFRA version of the metric. The Plan shall be implemented in accordance with the approved details.”

1.2.        No further late items have been received.

Application for residential development of up to 85 dwellings alongside associated site infrastructure and open space (outline application – all matters reserved except for the means of access).

An objector spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, members felt that

·         The application proposed development in the countryside. The development would not protect the intrincic value, beauty and open character of this countryside location and was therefore contrary to policy DM4 of the Site Allocations and Development Management Policies DPD 2016 and Policy 1 of the Burbage Neighbourhood Plan

·         The development would create an increase in vehicular movements along Lychgate Lane, which would result in the development having a severe impact on highway safety on nearby junctions in Burbage and Aston Flamville and was therefore contrary to policy DM17 of the Site Allocations and Development Management Policies DPD 2016.

It was moved by Councillor Walker and seconded by Councillor Flemming that permission be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was:

RESOLVED – permission be refused due to being contrary to policies DM4 and DM17 of the Site Allocations and Development Management Policies DPD and policy 1 of the Burbage Neighbourhood plan, for the abovementioned reasons.

Application for two single storey dwellinghouses and a double garage to land south west of 26a Newbold Road with associated access and parking.

Late items received after preparation of agenda:

Recommendation:-

1.1.       Following the publication of the report it is suggested that two additional planning conditions are required regarding removal of permitted development rights and external lighting. The two conditions are as following:

1.         Notwithstanding the provisions of Article 3, Schedule 2, Part 1, Classes A, AA, B, C, D, and E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no enlargement, improvement or other alteration to the dwelling shall be carried out unless planning permission for such development has been granted by the Local Planning Authority.

Reason: To protect the character of the surrounding area and to safeguard the privacy and amenity of neighbouring dwellings from potential overlooking in accordance with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

2.         The development hereby permitted shall not be first used until such time as the scheme provides details of external lighting for the development that has been submitted to, and approved in writing, by the Local Planning Authority. The information shall include a layout plan, which incorporates low-level lighting along the proposed driveway to serve the new dwellings; beam orientation; and a schedule of equipment proposed in the design (luminaire type, mounting height, aiming angles and luminaire profiles). The lighting shall be installed, maintained and operated in accordance with the approved details unless the Local Planning Authority gives its written consent to the variation.

Reason: To protect the appearance of the area, the environment, and local residents from nuisance from artificial light in accordance with Policy DM7 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

1.2.       No further late items have been received.

Application for two single storey dwelling houses and double garage.

An objector spoke on this application.

Whilst generally in support of the officer’s recommendation, members expressed concern that the garage should remain in use for that purpose only and suggested a condition be considered to secure its use as a garage permanently and also that no window be included in the garage to reduce the risk of light pollution. It was also requested that conditions be closely monitored during construction.

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

RESOLVED –

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

(ii)          The Head of Planning be granted delegated authority to consider incorporation of the abovementioned additional conditions and to agree final wording.

To report on progress relating to various appeals.

Members received an update on appeals. It was moved by Councillor Bray, seconded by Councillor W Crooks and

RESOLVED – the report be noted.