Agenda and minutes

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

Councillor Bools for Councillor Bray

Councillor Hodgkins for Councillor Cope

Councillor Simmons for Councillor C Allen

Councillor Sutton for Councillor R Allen

Councillor Williams for Councillor Flemming.

To confirm the minutes of the meeting held on 7 November 2023.

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

RESOLVED – the minutes of the meeting held on 7 November be confirmed as a correct record.

Councillor Cook declared a non-registrable interest in application 22/01190/OUT due to previous involvement with the neighbourhood plan.

Councillor Gibbens stated she was undertaking a contracting role with Natural England who had objected to application 20/01234/FUL but was not directly employed by them and had no involvement with the department that dealt with planning applications so had no interest to declare.

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

It was reported that all decisions delegated at the previous meeting had been issued.

Application for demolition of existing buildings, refurbishment of an existing building and erection of workshop buildings (use class B2) with ancillary offices and welfare floor space, parking provision and new access.

Application for demolition of existing buildings, refurbishment of an existing building and erection of workshop buildings (use class B2) with ancillary offices and welfare floor space, parking and new access.

The agent spoke on this application.

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

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

Outline planning application for up to 50 residential dwellings with access.

Late items received after preparation of agenda:

Consultations:-

Following the publication of the report it comments were received from  Witherley Parish Council, please see the comments below;

1.         The site is not included within WPC NDP site allocations (currently at Regulation 19)

2.         The site was recently excluded from HBBC local plan site allocations.

3.         There would be a significant impact on the Kennel Lane / A5 junction. Therefore without more substantial junction/road improvement works the safety of the junction will be compromised on what is a primary junction on a major road.

4.         The current application has seriously underestimated the traffic impact that a 50 house development would have on Kennel lane. The number of vehicles entering the village from the A5 in November 2022 was 38878, the impact of a further 50 dwellings would have an adverse impact upon the general safety of Kennel Lane.

5.         Policy 12 of the core strategy supports new housing within the Witherley settlement boundary to improve the mix of housing types and tenure to meet the identified need of the settlement. This site lies outside of the settlement boundary for the rural village. The location of the proposed housing scheme would therefore be contrary to policy 12 of the core strategy.

6.         The proposed development would cause demonstrable harm to the character and appearance of the countryside and landscape. This would be contrary to policies DM4 and DM10 of the SADMP which seek to protect countryside by safeguarding the countryside from development.

7.         Spatial objective 13 (transport and need to travel) of the core strategy is to reduce the high reliance on car travel in the Borough. The proposed development is not located where the need to travel will be minimised and the use of sustainable transport modes can be maximised, and is therefore contrary to policy DM4.

8.         The proposed development would result in the loss of Greenfield, agricultural land and contrary to paragraph 8C of the NPPF (July 2018) which seeks to contribute to protecting and enhancing our natural, build and historic environment.

9.         The proposed development would destroy the natural eastern vistas of the village which have been identified and included in the emerging NDP, see Fig 15 #12 important view.

10.      The proposal would fail to compliment or enhance the intrinsic value, beauty, undeveloped rural character of the countryside and the rural setting of the village. Therefore contrary to Policy DM4.

11.      The combined drainage system usage will be affected to a detrimental degree. The system is not able to cope with the existing level of water and sewerage due to the village being located at the natural basin of two rivers (Anker and Sence) converging with Witherley Brook. The ancient pipework of pitch-fibre is collapsing by the day, regular blockages due to collapsing pipes are constantly reported to Severn Trent, which has also agreed the pumping station is completely inadequate and unable to cope when  ...  view the full agenda text for item 206.

Outline application for up to 50 residential dwellinghouses with access.

Councillor Cook, having declared an interest in this application, left the meeting at this juncture.

Two objectors and the applicant spoke on this item.

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

RESOLVED –

(i)            Permission be granted subject to:

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

b.    A section 106 agreement to secure:

·         Health contribution - £24,153.60

·         Waste (Barwell RHWS) - £2,476.50

·         Libraries (Market Bosworth library) - £1,509.88

·         Primary education (Witherley Church of England Primary School) - £220,272.00

·         Secondary education (11-16) (The Market Bosworth School) - £149,264.60

·         Post 16 education (The Hinckley School) - £31,889.55

·         40% affordable housing provision – up to 20 homes comprising five first homes, 11 for affordable rent and four for shared ownership (with local connection criteria)

·         Travel pack provision of £52.85 per dwelling - £2,642.50 (subject to final dwelling numbers)

·         Highway contribution for the improvements to the surrounding rights of way network (T27 and T28) - £9,500

·         Financial contribution to cycle parking at Atherstone Station

·         Financial contribution to upgrade of the public right of way between Riverside Road (Atherstone) and Mill Lane (Witherley) (this is separate to the improvements to rights of way T27 and T28 above)

·         Off-site outdoor sports contribution - £17,376

·         Off-site outdoor sports maintenance contribution - £8,256

·         On-site equipped children’s play space contribution - £32,747.40

·         On-site equipped children’s play space maintenance contribution - £31,608

·         On-site casual / informal play spaces maintenance contribution - £9,072

·         On-site natural green space maintenance contribution - £28,400

·         On-site open space to be managed by a management company

·         S106 legal and monitoring fees.

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

Councillor Cook returned to the meeting.

Application for change of use of the Old Rectory from a dwelling house (class C3) to a specialist educational needs (SEN) school (class F1), erection of two single storey classrooms, a multi-use gaming area (MUGA), revised parking layout with electric charging points, widening of access, replacement perimeter fencing and external landscaping, works to trees and other works.

Application for change of use of The Old Rectory from a dwellinghouse (class C3) to a specialist educational needs school (class F1), erection of two single storey classrooms, a multi-use gaming area (MUGA), revised parking layout with electric charging points, widening of access, replacement of perimeter fencing and external landscaping, works to trees and other works.

An objector and the agent spoke on this item.

It was moved by Councillor Cook, seconded by Councillor Boothby and

RESOLVED –

(i)            Permission be granted subject to the conditions outlined in the officer’s report;

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

Application for change of use of The Old Rectory from dwelling house (class C3) to a specialist educational needs (SEN) school (class F1), alterations to the building and other works within the curtilage of listed building.

Application for change of use of The Old Rectory from a dwellinghouse (class C3) to a specialist educational needs school (class F1), alterations to the building and other works within the curtilage of listed building.

The agent spoke on this item.

It was moved by Councillor Cook, seconded by Councillor Boothby and

RESOLVED –

(i)            Permission be granted subject to the conditions outlined in the officer’s report;

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

To report on progress relating to various appeals.

Members noted progress in relation to various appeals.