Agenda and minutes

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

Councillor Glenville for Councillor Hollick

Councillor Sutton for Councillor Allen.

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

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

RESOLVED – the minutes of the meeting held on 25 July 2023 be approved as a correct record.

Councillors Flemming, Lynch and Walker declared an interest in applications 23/00148/OUT and 23/00294/CONDIT as members of Burbage Parish Council’s Planning Committee which had considered both items. They stated they had not participated in the debate or vote at those meetings and came to the meeting with an open mind.

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

It was reported that the decision on application 23/00445/OUT had been issued.

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:

Consultations:-

S106 Contributions – Open Space

1.1.       An off site financial contribution or provision on site for casual/informal space is required for this development proposal.

1.2.       If it is to be provided on site, the space needs to be a minimum of 16.sqm x No. of Dwellings (80) and defined on the site plan as  "an area of casual/informal space".

1.3.       If a contribution is to be made off site then the calculation would be as follows:

·           Provision 16.8sqm x No. of Dwellings x £4.44 ( based on 80 dwellings = £5,967.36))

·           Maintenance 40sqm x No. of Dwellings x £5.40  (based on 80 dwellings = £7,257.60).

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.

An objector and the agent spoke on this application.

Notwithstanding the officer recommendation that permission be granted, members felt that the development would have a significant adverse impact on the intrinsic value, beauty and open character of the countryside and would therefore be contrary to policy DM4 of the Site Allocations and Development Management Policies DPD. It was proposed by Councillor Flemming and seconded by Councillor Walker that permission be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was unanimously

RESOLVED – permission be refused due to the significant adverse impact on the intrinsic value, beauty and open character of the countryside contrary to policy DM4 of the Site Allocations and Development Management Policies DPD.

Outline planning application for the erection of up to 225 dwellings (including 40% affordable housing) with public open space, landscaping and sustainable drainage system (SuDS) and a vehicular access point. All matters reserved except for means of access.

Late items received after preparation of main agenda:

Introduction:-

1.1.       Following publication of the report there are a number of corrections/clarifications required as follows:

·                     At paragraph 2.4 the third bullet point should relate to Desford Lane

·                     At paragraph 5.2 three further objections have been received. They do not raise new issues but one refers to the number of major housing developments approved in Ratby since the 1990s.

·                     At paragraph 6.4 it should be clarified that National Highways consider the traffic impact on the Strategic Road Network at the A46/A50 junction would be insignificant and that the anticipated trip rates and future traffic levels are considered acceptable.

·                     At paragraph 8.18 the Applicant disputes that the quality of the land is such that it is best and most versatile agricultural land and points out that it is much less than 20 hectares which is the level at which a loss of best and most versatile land must be consulted on with Natural England.

·                     At paragraphs 8.66 and 8.112 the harm referred to relates to the setting of the Church and conservation area and not to the listed building or conservation area themselves.

·                     At paragraph 8.95 the Applicant has also submitted an updated Heritage Assessment Geophysical Survey that has not recorded magnetic variation that can be confidently attributed to potentially significant archaeological remains.

At paragraph 8.112 is should be clarified that great weight must be given to conserving the setting of the Grade II* listed Church of St Philip and St James and the setting of the Ratby Conservation Area. It is confirmed that the benefits of the proposal are considered to outweigh the harm that results from the development.

Outline planning application for the erection of 225 dwellings (including 40% affordable housing) with public open space, landscaping and sustainable drainage system (SuDS) and a vehicular access point. All matters reserved except for means of access.

Three objectors, the agent and a ward councillor spoke on this application.

Notwithstanding the officer recommendation that permission be granted, members felt that the application would have a detrimental impact of the views, vistas and skyline, would not enhance the character and appearance of the area and would be outside of the settlement boundary and would be contrary to policies DM1, DM4, DM7, DM10, DM11 and DM12 of the Site Allocations and Development Management Policies DPD. It was moved by Councillor Boothby and seconded by Councillor Allen that permission be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was unanimously

RESOLVED – permission be refused for the abovementioned reasons.

Hybrid planning application comprising: Outline application (access, appearance and scale to be considered) for the demolition of existing factory building and erection of a residential building comprising up to 12 residential units; a full application comprising the change of use of the existing factory building to residential including the addition of an extra storey and comprising 14 residential units.

Hybrid planning application comprising outline application (access, appearance and scale to be considered) for the demolition of an existing factory building and erection of a residential building comprising up to 12 residential units; a full application comprising change of use of an existing factor building to residential including the addition of an extra storey and comprising 14 residential units.

The applicant spoke on this item.

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

RESOLVED –

(i)            Permission be granted subject to :

a.    The conditions contained in the officer’s report;

b.    A section 106 agreement to secure a viability review mechanism.

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

Application for residential development of up to 100 dwellings with associated public open space and infrastructure (All matters reserved except for access).

Late items received following publication of main agenda:

Consultations:-

Leicestershire County Council’s Planning Obligations Officer

1.1.        Following the publication of the report, Leicestershire County Council’s Planning Obligations Officer has identified that their requested financial contribution for Earl Years Education was altered on 13 July 2023, in comparison to the requested contribution included with Paragraphs 6.10 and 8.95 of the Officer’s Report, which was based on their original financial contribution request from 17 February 2023.

1.2.        Therefore, the financial contribution for Early Yeats Education should be amended from £75,709.50 to £156,026.00 to reflect the latest requests from Leicestershire County Council. This increases the total financial contributions required as a result of this development to £2,910,791.81.

Public Responses

1.3.           An additional response from a member of the public was received on 15 August 2023. The member of the public has objected to the planning applicaiton for the following reasons:

·                Environmental harm due to the future occupants’ of the scheme’s dependeance on private motorised transport to meet their day-to-day needs. 

·                There is no justificartion for the development interms of the 5-year housing land suppluy.

·                Highway safety concerns at the Main Street/High Street/Manor Road junction and along the length of High Street and Kirkby Road.

·                Pressure on existing facilities in Desford

Howevever, the address from which the member of the public has responded from has already made a public response to the development, and therefore this comment does not increase the number of unique responses to the application.

Application for residential development of up to 100 dwellings with associated public open space and infrastructure (all matters reserved except for access).

The agent, ward councillor, county councillor and a representative of the parish council spoke on this item.

Notwithstanding the officer’s recommendation that permission be granted, members highlighted that the application was outside of the settlement boundary and therefore contrary to policy DM4 of the Site Allocations and Development Management Policies DPD and felt that the proposal would be detrimental to highway safety contrary to policy DM17. It was moved by Councillor Bray and seconded by Councillor Allen that permission be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was unanimously

RESOLVED – permission be refused for the abovementioned reasons.

Application for Tandem double garage.

Application for tandem double garage.

Whilst in support of the application, it was moved by Councillor Cook and seconded by Councillor Allen that permission be granted with an amended condition 4 to specifically mention excluding business use of the garage. Upon being put to the vote, the motion was CARRIED and it was unanimously

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report and the abovementioned amended condition 4;

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

Councillor Boothby left the meeting at 8.32pm.

Application for variation of condition 2 and 8 of Planning Application 19/00413/FUL. Amendments to plans and landscaping

Application for variation of condition 2 and 8 of planning application 19/00413/FUL.

An objector spoke on this application.

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

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

To report on progress relating to various appeals.

Members were provided with an update on appeals.