Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Boothby and Smith.

To confirm the minutes of the meeting held on 25 April 2023.

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

RESOLVED – the minutes of the meeting held on 25 April be confirmed and signed by the chair.

Councillor Cook declared an interest application 23/00239/FUL as the applicant’s family of the applicant was known to her and said she would leave the meeting during discussion.

Councillor Hollick stated he had been involved in previous discussions on application 23/00077/FUL but 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 23/00077/FUL which had been deferred and was on the agenda for this meeting.

Application for loft conversion and replacement roof to increase HMO capacity from four to six (use class C4).

Late items received after preparation of main agenda:

Consultations:-

On 26 May 2023, a member of the public raised the following concerns:

·         If the proposed off-street parking spaces have been removed from the current planning application for highway safety reasons, is the parking provision along Clarendon Road also dangerous?

It is noted by the Planning Officer that, as the parking arrangements along Clarendon Road are existing, this is not considered to be a material concern for the determination of the current planning application. The Local Highway Authority have provided advice on the current application, which states that the provision of off-street parking at 2A Clarendon Road, Hinckley is likely to exacerbate the current highway issues along Clarendon Road. Any existing highways issues along Clarendon Road are matters that should be resolved separately via Leicestershire County Council.

·         The development is likely to worsen the existing wind tunnel effect along the private road between 2A and 2 Clarendon Road.

It is noted by the Planning Officer that, given the height of the existing dwelling, the increased height of 2A Clarendon Road by 0.8m is unlikely to result in a significant adverse impact on the existing wind tunnel situation.

·         Concerns over the exact height of the raised roof.

The Planning Officer notes that the development increases the existing roof height by 0.8m, as stated within Paragraph 2.2 of the Officer’s Report. The development must be built in accordance with the approved plans, and this secured via Planning Condition 02. If the Applicant does not build the property in accordance with the approved plans, then this will become a matter for the Planning Enforcement Department.

·         The large rear dormer may have a significant adverse impact on the residential amenity, of 2 Clarendon Road such as loss of light on the main side windows of the property, which has been in place since 1907.

The Agent for this application has highlighted that the first-floor side window on 2 Clarendon has been constructed without planning permission, and in contrary to the limitations of Permitted Development Rights after 2019. This concern has been confirmed via historic Street View images. Following further investigation, the Planning Officer also notes that the windows on the ground floor have only been implemented without planning permission since 2019. Given the age of the property, these new windows are not considered to be the principal windows to any habitable room. A site visit was undertaken to assess the impact of the application on the property, and this impact is detailed within Paragraphs 8.12 and 8.12 of the Officer’s Report.

The same member of the public has also raised concerns regarding the issues within the application site, which include:

·                Anti-social behaviour concerns such as drug dealing.

·                Children’s safeguarding concerns.

·                Existing tenants of 2A Clarendon Road are parking on private property not belonging to the dwelling.

·                The existing tenants leave their bins on public pathway, which leads  ...  view the full agenda text for item 16.

Application for loft conversion and replacement roof to increase HMO capacity from four to six (use class C4).

An objector spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, some members felt that the overlooking as a result of the loft conversion and the noise and disturbance from the increased capacity would have a detrimental impact on neighbouring amenity and that the lack of parking was a concern. It was moved by Councillor Bray, seconded by Councillor Mullaney and

RESOLVED – permission be refused due to lack of parking and impact on neighbouring amenity.

Application for conversion of garage to office and bedroom with en-suite (retrospective).

Application for conversion of garage to office and bedroom with en-suite (retrospective)

An objector, representatives of the applicant and a ward councillor spoke on this item.

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

RESOLVED – permission be granted subject to the conditions contained in the officer’s report.

Application for residential development for up to 49 dwellings (outline – access only).

Application for residential development for up to 49 dwellings (outline – access only)

The agent and the ward councillor spoke on this application.

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

·         Affordable housing at 40% (20 units) with a split of 75% of the units as social / affordable rented and 25% of the units as intermediate tenure (shared ownership)

·         Local connection requirement for the affordable housing for rent and cascade mechanism

·         Minimum policy requirements for open space and provide and transfer the on-site open space area to a management company or request that the borough council or parish council maintains it

·         Civic amenity contribution of £2,426.97 towards Barwell Household Waste Recycling Site

·         Library services contribution of £1,479.69 towards provision of additional resources at Newbold Verdon Library, Sparkenhoe

·         Education contribution of £477,364.27 to be used to accommodate the capacity issues created by the proposed development by improving, remodelling or enhancing existing facilities at:

o Barlestone Church of England Primary School or any other school within the locality of the development (£269,833.20) to accommodate 15 pupil places

o The Market Bosworth School (£146,279.31) to accommodate nine pupil places

o Bosworth Academy to accommodate two places (£31,251.76)

·         NHS healthcare contribution of £23,670.53 for improvements to Barlestone Surgery

·         Travel packs (one per dwelling)

·         Six month travel passes (two per dwelling)

b.    The conditions outlined in the officer’s report.

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

(iii)         The Head of Planning be granted delegated powers to determine the final terms of the S106 agreement including trigger points and clawback periods.

Having declared an interest in the following item, Councillor Cook left the meeting at 7.26pm.

Application for proposed extension to self-storage unit (B8 use: storage and distribution).

Late items received after preparation of main agenda:

Introduction:-

Neighbours do not touch the red edged site boundary of the site and so did not need to be notified by letter but due to the level of interest letters of notification were sent out by the Council to neighbours along Church Lane as a curtesy. All letters, even late ones, were accepted & summarised

Consultations:-

Six further letters of objection have been received since the publication of the reports. They are summarised as below;

1^st late item summary from an objector

·                Fenny Drayton is a rural hamlet and the proposed is not in keeping with a rural setting.

·                The access road is narrow and has weight restrictions

·                Traffic will be increased through the village

·                Is this land of heritage interest being ridge and furrow land?

2nd late item summary from an objector

The points of objection made are similar to other points of objection already summarised & addressed in the report. Any new points have been summarised below:

·                The business advertises as being open 7 days a week from 7am until 8pm including Sundays and Bank Holidays.  However, vehicles are often visiting the site from  6.30am through to 10pm at night and later in the summer. Regular visitors on Sundays and Bank Holidays

·                The Traffic Statement when opened shows the title as Mill Lane, Oldbury as per screenshot attached and can therefore not be relied upon.

 (For clarity no planning restrictions were placed on any previous planning permissions that restricted opening hours/ customer access to the site.  The reception is only open for limited hours Monday to Friday with a half day on Saturday but the storage area itself is open 24/7)

3^rd late item from the agent with Competitor Analysis regarding time restrictions and an email to further clarify

·                Currently there are no planning restrictions on opening times but the applicant has established opening hours of 7am to 8pm, 7 days a week. The reception is open much less Why should an extension change this?

·                There have been no complaints regarding the current opening times

·                Being open 24/7 is important in terms of marketing and being able to offer the same as competitors. The majority of storage facilities within the area, such as Hinckley Storage offer 24/7 access to its customers

·                This is not to say that customers will access their storage at night. Evidence has been provided showing that the proposal will generate just 9 additional vehicle trips per day and that these trips will be spread across the day

·                Unrestricted access hours is simply an important selling point for the business as it gives customers peace of mind that they can get something if they really need it.

·                The reception hours are also unrestricted at present and the applicant had hoped that offering a limit on these would appease local concerns

·                The access hours that the applicant has set to date are 7am to 8pm,  ...  view the full agenda text for item 19.

Application for extension to self-storage unit (B8 use: storage and distribution)

The agent and a representative of the parish council spoke on this application.

It was moved by Councillor R Allen and seconded by Councillor C Allen that permission be granted. Councillor Bray requested that a condition be added to specify opening hours and Councillor Crooks requested an amendment to condition 4 to require any replacement trees and shrubs within the planting scheme to be native species. Councillor R Allen, seconded by Councillor C Allen, proposed an amended motion to include the aforementioned conditions. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be granted subject to the condition’s in the officer’s report and late items and additional conditions specifying the opening hours and planting of native species of trees and shrubs.

Councillor Cook returned to the meeting at 7.42pm.

Outline application for proposed development of up to 50 dwellings (all matters reserved, except access).

Late items received after preparation of main agenda:

Consultations:-

One further letter of objection has been received from Cllr Harris since the publication of the reports as summarised as below;

“Due to being a newly elected Councillor for HBBC, an application has recently been brought to my attention. Application 22/00527/OUT. I would request, if possible, my concerns be raised in the planning committee meeting due to take place this evening, as a late item.My concerns are those of Stanton under Bardon’s Parish council’s back in 2022.”

Stanton under Bardon Parish Council objected to the application in 2022 for the following reasons:

·                The application makes no reference to the Public Right of Way (R19), which crosses the site. 

·                Highway safety concerns:  Additional traffic from 50 houses is, “Unsustainable.” 

·                Both accesses to the site are located either near to a junction or a bend. The Parish Council considered that access and egress from the site by large vehicles, such as refuse lorries, will require the full width of the carriageway to enable them sufficient turning, which is likely to be a hazard. 

·                Main Street in Stanton under Bardon has several pinch points where parking further restricts road width. 

·                Increasing pressure on existing infrastructure  Stanton under Bardon Primary School is not able to accommodate additional pupils. Nearby villages such as Markfield and Thornton are also under pressure due to the increased number of properties in the area. 

·                The Severn Trent Water sewage facility on Thornton Lane is already under severe pressure, and is known to overflow, which causes effluent to enter the water course and the reservoir system. There have been 147 instances of overflow into the brooks in the last 12 months. 

·                Significant adverse effect on the intrinsic value, beauty, open character, and landscape character of the countryside, contrary to Policy DM4 and Policy DM9 of the SADMP. 

·                The development is outside of the settlement boundary.  The development exacerbates ribbon development.  Residential development does not safeguard the Borough’s natural and semi-natural open spaces.  The site is not contiguous with the current settlement boundary and is considered to be a standalone site.

·                Unsustainable location for development. 

·                Limited and poor bus services through Stanton under Bardon. The only facilities available to residents are two churches, the village hall, and one public open house. The community shop closed in March 2020.”

On 25 May 2023, Stanton under Bardon Parish Council have again objected to the application for the following reasons:

·                The site is outside of the Settlement Boundary as determined in the Site Allocations and Development Management Policies DPD. The site does not appear on the plan shown in within this document. The site is not contiguous with the current boundary of the village and, thus, would be a standalone site.

·                The development of the site would be contrary to Policy DM4 of HBBC's SADMP. This policy aims to safeguard the countryside with certain exceptions. The site would have  ...  view the full agenda text for item 20.

Application for development of up to 50 dwellings (all matters reserved, except access)

The agent spoke on this application.

It was moved by Councillor Bray and seconded by Councillor R Allen that a condition be added to ensure provision of broadband. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            Permission be granted subject to:

a.    the conditions outlined in the officer’s report;

b.    an additional condition requiring broadband provision;

c.    the entering into of a S106 agreement.

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

Hybrid application comprising outline application (all matters reserved except for site access from the A5) for the demolition of existing structures and the erection of distribution and industrial buildings (use class B2 and B8) including ancillary offices and associated earthworks, infrastructure and landscaping; a full application for the development of a distribution building (use class B8), including ancillary offices with associated access, hard standing, parking, earthworks and landscaping. The proposals include improvements to increase the height clearance of the existing railway bridge on the A5 Watling Street. A cross boundary application with Rugby Borough Council and Nuneaton and Bedworth Borough Council (EIA development).

Late items received after preparation of main agenda:

Recommendation:-

Additional planning condition proposed for HGV routing:

The units hereby permitted shall not be occupied until a HGV routing plan has been submitted to and approved in writing by the Local Planning Authority. The routing plan shall identify the appropriate routes including on the strategic road network to be used to access the site.

Reason: To ensure safeguarding of residential roads from HGV traffic in accordance with Policy DM17 of the Site Allocations and Development Management DPD.

No further late items have been received.

Hybrid application comprising outline application (all matters reserved except for site access from the A5) for the demolition of existing structures and the erection of distribution and industrial buildings (use class B2 and B8) including ancillary offices and associated earthworks, infrastructure and landscaping and a full application for the development of a distribution building (use class B8), including ancillary offices with associated access, hard standing, parking, earthworks and landscaping. The proposals include improvements to increase the height clearance of the existing railway bridge on the A5 Watling Street. Cross boundary application with Rugby Borough Council and Nuneaton & Bedworth Borough Council (EIA development)

The agents and a ward councillor spoke on this application.

During discussion, it was requested that, should permission be granted, a note to applicant be added to request that no other roadworks in the local area be permitted at the same time as the A5 closure for the works proposed as part of this application.

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

RESOLVED –

(i)            Permission be granted subject to:

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

·         Safeguarding of land for highways purposes

·         Footpath connections contribution

b.    The conditions contained in the officer’s report and late items.

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

(iii)         The Head of Planning be granted delegated powers to determine the final terms of the S106 agreement including trigger points and clawback periods.