Agenda and minutes

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

Councillor Bools for Councillor Weightman

Councillor Hodgkins for Councillor Mullaney

Councillor O’Shea for Councillor Smith

Councillor Surtees for Councillor C Allen

Councillor Sutton for Councillor R Allen.

To confirm the minutes of the meeting held on 22 August 2023.

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

RESOLVED – the minutes of the meeting held on 22 August be confirmed as a correct record.

Councillors Bools and Crooks stated that they were members of Newbold Verdon Parish Council but had not taken part in discussions on application 22/00277/OUT.

Councillor Moore declared an other registrable interest in application 22/00224/FUL as a shareholder of Hinckley AFC.

Councillors Flemming, Lynch and Walker stated they were members of Burbage Parish Council’s Planning Committee when application 23/00135/FUL was discussed but they had not voted and came to the meeting with an open mind.

Councillor O’Shea stated he was a member of Ratby Parish Council where application 21/01295 had been discussed, however it was noted that the item was not for decision at the meeting.

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

The Head of Planning provided an update on matters delegated at the previous meeting.

Proposed development of up to 239 dwellings (outline application – access only).

Late items received after preparation of main agenda:

Consultations:-

Two further objections have been received since the publication of the agenda. The objections are summarised below;

·                DM17 – Highways and Transportation  Brascote Lane is a residential lane and is used by a great number of people on foot especially now the pavement to the Windmill Pub has been established. It also already suffers from speeding cars (especially on race days from Mallory Park). If the development goes ahead that is an additional potential of 478 cars using the Lane at peak times (ie 7-9.30hrs and 15.00 – 18.00hrs) also the junctions at both ends are hazardous especially the blind one at Kirby Mallory where at the junction of Bosworth Road / Newbold Road/Main street an articulated vehicle demolished part of a dwelling trying to enter Newbold Road and causing the road to be closed for many hours. This is the route most suppliers to the site would use. Also there is no bus service so school time/ work time AM and PM traffic from the new development would be unbelievably high.

·                DM4 -Safeguarding the countryside and settlement Separation From the plans I have seen this development will be built outside the current settlement and away from essential services of the village.

·                DM9 -Safeguarding Natural and Semi Natural Open Spaces  The development field is on a large area of arable land that both in the past and present is prone to flood. The area also has a significant population on nesting birds and mammals. Many twitchers constantly use the lane to view birds with the lakes on either side and the large areas of arable land.

·                Newbold Verdon is not going to be correctly represented at this meeting.

Recommendation:-

·                Condition 27 is to be removed from the officer report as it is a replica of Condition 16.

“No development shall commence on the site until such time as a

construction traffic management plan, including as a minimum details of

the routing of construction traffic, wheel cleansing facilities, vehicle

parking facilities and a timetable for their provision, has been submitted to

and approved in writing by the local planning authority. The construction

of the development shall thereafter be carried out in accordance with the

approved details and timetable.

Reason: To reduce the possibility of deleterious material (mud, stones

etc) being deposited in the highway and becoming a hazard for road

users, and lead to on-street parking problems in the area in accordance

with Policy DM17 of the Site Allocations and Development Management

Policies DPD.”

Proposed development of up to 239 dwellings (outline application – access only).

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

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Bools and seconded by Councillor Crooks that the application be refused due to being outside of the settlement boundary of Newbold Verdon and within the open countryside and due to failing to provide safe access for pedestrians contrary to policies DM4 and DM17 of the Site Allocations and Development Management Policies DPD. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused for the abovementioned reasons.

Proposed erection of two detached dwellings (following demolition of existing dwelling) with associated parking and landscaping.

Proposed erection of two detached dwellings (following demolition of existing dwelling) with associated parking and landscaping.

The applicant spoke on this application.

Whilst generally in support of the application, it was moved by Councillor Crooks and seconded by Councillor Bray that officers be requested to negotiate with the applicant moving the front section of the dwelling away from the boundary. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – members be minded to approve the application with authority delegated to officers to negotiate the distance from the boundary of the proposed dwellings.

Application for partial demolition and change of use of a former public house (grade II listed) into one dwellinghouse. Demolition of associated outbuilding. Construction of two new dwellings and associated garages.

Late items received after publication of main agenda:

One further objection has been received from CAMRA since the publication of the agenda. The objection is summarised below:

CAMRA (Paragraph 8.7):

I fail to see how the planning officer can conclude that the pub is unviable when no evidence has been put forward to support that statement. In addition, to say that The Moores Arms is not a community facility in Local Plan terms is factually incorrect. The explanatory text to Policy DM25 clearly states that public houses in rural areas are considered to be Community Facilities. As the pub has not been used for any other purpose since it was closed down it still retains this potential community asset. In addition, Policy CLT02 of the emerging Local Plan proposes to strengthen the protection of public houses, particularly in rural areas, in line with more up to date Central Govt. Guidance in the NPPF. The application is contrary to adopted and emerging Local Plan policies and the need to maintain sustainable communities.

Application for partial demolition and change of use of a former public house (grade B listed) into one dwelling, demolition of associated outbuilding and construction of two new dwellings and associated garages.

At this juncture, Councillor Bray declared a non-pecuniary interest as a member of CAMRA which had submitted an objection.

An objector and the agent spoke on this application.

It was moved by Councillor Sutton, seconded by Councillor Surtees and

RESOLVED –

(i)            Permission be granted subject to:

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

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

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

Application for change of use of land to provide a dog day care facility and associated fence.

This item has been withdrawn from the agenda.

This application had been withdrawn from the agenda for the meeting.

Application for change of use of existing barn to dwelling, installation of solar panels and tree planting.

Application for change of use of existing barn to dwelling, installation of solar panels and tree planting.

The applicant spoke on this item.

Notwithstanding the officer’s recommendation that permission be refused, members felt that the benefits of the development outweighed the reasons for refusal and it was moved by Councillor Bray and seconded by Councillor O’Shea that permission be granted with drafting of conditions delegated to the Head of Planning. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be granted with conditions delegated to the Head of Planning.

Having declared an other registrable interest in the following application, Councillor Moore left the meeting at this juncture.

Proposed development of a multi-use games area with associated floodlighting and fencing.

Late items received after publication of main agenda:

A letter was received from Marrons (agent) on 21 August in support of the proposal. A draft community agreement has also been submitted. Members had sight of these prior to the meeting.

Application for development of a multi-use games area with associated floodlighting.

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

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

Councillor Moore returned to the meeting.

To seek approval of the recorded reasons for refusal following decision at the previous meeting.

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

It was noted that this item was on the agenda for confirmation of the specific detailed reasons for refusal cited at the previous meeting.

It was moved by Councillor Bray, seconded by Councillor O’Shea and

RESOLVED – the reasons for refusal be confirmed as:

(i)            The proposed development lies within the open countryside, outside of and poorly related to the settlement boundary of Ratby. As such, the development site does not accord with any of the categories of development that are considered to be acceptable within the countryside and fails to provide convenient access for pedestrians to services and facilities and is not located where the need to travel is minimised. The application is therefore contrary to policies DM4 and DM17 of the Site Allocations and Development Management Policies Development Plan Document;

(ii)          The proposed development is considered to have a significant detrimental effect on the character of the site and wider area and on the intrinsic value, beauty, open character and landscape character of the countryside. The proposal would therefore be contrary to policies 6 and 7 of the core strategy and policies DM1 and DM4 of the Site Allocations and Development Management Policies Development Plan Document. Furthermore, the proposed development would fail to complement or enhance the character of the surrounding area contrary to policy DM10 of the Site Allocations and Development Management Policies Development Plan Document and the environmental aims, in particular as contained within paragraphs 130 and 174 of the National Planning Police Framework (2021);

(iii)         Residential development of the site would result in the reduction of views to the Church of St Philip and St James in an agricultural context and as a result will cause less than substantial harm to the Ratby Conservation Area and the grade II listed Church of St Philip and St James that is not outweighed by public benefits contrary to policies DM11 and DM12 of the Site Allocations and Development Management Policies Development Plan Document and section 16 of the National Planning Policy Framework (2021);

(iv)         The applicant has not confirmed / agreed section 106 contributions or the delivery of affordable housing and public open space. As such, the application is considered contrary to policy DM3 of the Site Allocations and Development Management Policies Development Plan Document and policy 19 of the core strategy.

To report on progress relating to various appeals.

Members were updated on progress in relation to appeals.