Agenda and minutes

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

Councillor Sutton for Councillor Boothby

Councillor Hodgkins for Councillor Cope.

To confirm the minutes of the meeting held on 16 January 2024.

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

RESOLVED – the minutes of the meeting held on 16 January be confirmed as a correct record.

Councillors Flemming, Lynch and Walker stated that Burbage Parish Council’s Planning Committee, of which they were members, had considered application 23/00673/OUT but they had not participated nor voted on the item.

Councillor Gibbens declared that she was currently employed as a consultant for Natural England which was mentioned in the reports for applications 23/00948/FUL and 23/00673/OUT but stated that she was not involved in any work in relation to these matters.

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

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

Outline application for the redevelopment of a Community Diagnostic Centre (CDC) and Endoscopy building (Use Class E(e)) (access, appearance, layout and scale to be considered with landscaping reserved).

Late items received after preparation of main agenda:

Recommendation:-

5.     The development hereby permitted shall be carried out in accordance with the submitted application details, as follows:

-        General Arrangement 23013-MA-XX-XX-DR-C-0100 P02

-        General Arrangements Ground Floor 180731-DGL-01-00-DR-A-2000 P6

-        General Arrangements First Floor 180731-DGL-01-01-DR-A-2001 P8

-        General Arrangements Second Floor 180731-DGL-01-01-DR-A-2002 P7

-        Roof Plan 180731-DGL-01-R-DR-A-2010 P3

-        Elevations South and West 180731-DGL-01-XX-DR-A-2100 P5

-        Elevations North and East 180731-DGL-01-XX-DR-A-2101 P5

-        RIBA Stage 3 Retaining Wall Proposals 10105-003-001 P01

-        Proposed Site Plan 180731-DGL-01-00-DR-A-1140 P4

-        Retaining Wall Setting Out 180731-DGL-01-XX-DR-A-1402 P1

-        Proposed Levels Plan 1782-DBC-ZZ-00-DR-A-0654 P01

Reason: To ensure a satisfactory form of development in accordance with Policies DM1 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

6.     No development shall take place/commence until the necessary programme of archaeological work has been completed. The programme will commence with an initial phase of trial trenching to inform a final archaeological mitigation scheme. Each stage will be completed in accordance with a written scheme of investigation (WSI), which has been [submitted to and] approved by the local planning authority in writing. For land that is included within the WSI, no development shall take place other than in accordance with the agreed mitigation WSI, which shall include the statement of significance and research objectives, and

·           The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works

·           The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the WSI.

              Reason: To ensure satisfactory archaeological investigation, recording, dissemination and archiving in accordance with the requirements of Policies DM11, DM12 and DM13 of the Site Allocations and Development Management Policies Development Plan Document (2016).

12. Prior to commencement of development a Construction Environmental Management Plan shall be submitted in writing to and agreed in writing by the Local Planning Authority.  The plan shall detail how, during the site preparation and construction phase of the development, the impact on existing and proposed residential premises and the environment shall be prevented or mitigated from dust, odour, noise, smoke, light and land contamination.  The plan shall also include details of the routing of construction traffic, details of how Public Right of Way V19 will be managed during construction, wheel cleansing facilities, vehicle parking facilities, and a timetable for their provision The plan shall detail how such controls will be monitored.  The plan will provide a procedure for the investigation of complaints.  The agreed details shall be implemented throughout the course of the development.

Site preparation and construction works shall be limited to the following hours;

Monday - Friday 07:30 -  ...  view the full agenda text for item 269.

Outline application for the redevelopment of a community diagnostic centre and endoscopy building (use class E(e)) (access, appearance, layout and scale to be considered with landscaping reserved).

Two representatives of the applicant spoke on this application.

It was moved by Councillor Bray and seconded by Councillor Mullaney that permission be granted subject to the conditions contained in the officer’s report and late items.

Further, “the committee expresses its disappointment that what is on offer is not the walk-in centre / minor injuries unit that has repeatedly been promised and our area needs – the Council expects NHS bosses to honour the previous commitments given by conservative politicians locally”. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            The application be approved subject to the conditions contained in the officer’s report and late items;

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

(iii)         The committee expresses its disappointment that what is on offer is not the walk-in centre / minor injuries unit that has repeatedly been promised and our area needs – the Council expects NHS bosses to honour the previous commitments given by conservative politicians locally.

Outline application for the provision of two detached dwellings and associated parking to the land between 80 and 86 Main Street, Carlton (all matters reserved except for access).

Late items received after preparation of main agenda:

Recommendation:-

Following discussion with the Local Highway Authority, Condition 10 (Treatment of the Public Right of Way) has been removed. This is because the Applicant has confirmed that they do not intend to undertake any works to the Public Right of Way. Moroever, any re-routing, encroachment, or obstruction to the Public Right of Way without authorisation is likely to constitue an offence under the Highways Act 1980. Therefore, whilst Condition 10 has been removed, the informatives to the Applicant regarding the protection of Public Rights of Way have been retained.

No further late items have been received.

Outline application for the provision of two detached dwellings and associated parking (all matters reserved except for access).

The applicant spoke on this application.

It was moved by Councillor Cook, seconded by Councillor R Allen 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 powers to determine the final detail of planning conditions.

Application for development of new animal enclosures and associated infrastructure, new lecture theatre, education block, education facilities, substations and associated residential block and lodges, new access from Orton Hill, new car park, landscaping and other associated works (following the demolition of some existing buildings).

Application for development of new animal enclosures and associated infrastructure, new lecture theatre, education block, education facilities, substations and associated residential block and lodges, new access from Orton Hill, new car park, landscaping and other associated works (following demolition of some existing buildings).

The applicant and agent spoke on this applications.

Members thanked officers both for the work related to the planning application and the levelling up fund bid.

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

RESOLVED –

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

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

Application for residential development of up to 343 dwellings (Class C3), including provision of public open space, associated infrastructure and all matters reserved except access.

Late items received after preparation of main agenda:

Appraisal:-

Amendments to Officer Report reflecting the publication of the amended NPPF (December 2023) with corresponding paragraph amendments, and other matters:

Paragraph 1.1: The Draft S106 assumes that open space would be maintained by Jelson/ part of a Management Company.

Paragraph 6.21: The HBBC Tree Officer commented on 31 October 2023 and raised no objection subject to conditions to secure details of works to trees and tree protection measures. Condition 24 deals with this.

Paragraph 8.6: Paragraph 14 of the NPPF now reads:

“In situations where the presumption (at paragraph 11d) applies to applications involving the provision of housing, the adverse impact of allowing development that conflicts with the neighbourhood plan is likely to significantly and demonstrably outweigh the benefits, provided the following apply:

a) the neighbourhood plan became part of the development plan five years or less before the date on which the decision is made; and

b) the neighbourhood plan contains policies and allocations to meet its identified housing requirement (see paragraphs 67-68).”

Para. 14 does not apply in this case because the proposals accord with the BNP and the BNP does not allocate further development sites.

Paragraph 8.22: Paragraph 79 of the NPPF (report refers to Paragraph 77).

Paragraph 8.23: Paragraph 81 of the NPPF (report refers to Paragraph 77).

Paragraph 8.26: Correction: Significant weight should be given to the provision of the proposed dwellings (report states moderate weight).

Paragraph 8.29: Paragraph 63 of the NPPF (report refers to Paragraph 62).

Paragraph 8.32: Correction: The housing officer has requested 20% of units on the site to be affordable, comprising 50% social or affordable rented, 25% First Homes and 25% intermediate tenure/shared ownership. The greatest need for affordable rented housing in the Borough is for smallerunits ofaccommodation toassist singlepeople orchildless couples,and for small families with or two children.

Paragraph 8.37: Paragraphs 114 and 115 of the NPPF (report refers to Paragraphs 110 and 111).

Paragraph 8.68: Paragraphs 206-208 of the NPPF (report refers to Paragraphs 199-202).

Paragraph 8.81: Paragraph 139 of the NPPF (report refers to Paragraph 134)

Paragraph 8.87: Paragraph 135 of the NPPF (report refers to Paragraph 130).

Paragraph 8.88: Paragraph 191 of the NPPF (report refers to Paragraph 185).

Paragraph 8.97: Paragraphs 173 and 175 of the NPPF (report refers to Paragraphs 167 and 169).

Paragraph 8.102: Update: During the Public Inquiry relating to the preceding application (22/01037/OUT) the Inspector noted that parts of the site fall within flood zone, and that the FRA does not include a sequential test. This was one of the matters that the parties agreed needed to be discussed with the relevant experts present. The LLFA has been asked for further comments, but these are yet to be received. On this basis the LPA considers that the proposal would be  ...  view the full agenda text for item 272.

Application for residential development of up to 343 dwellings (class C3) including provision of public open space, associated infrastructure and all matters reserved except access.

An objector, a supporter and the agent spoke on this application.

It was noted that there was an error on page 93 which listed S106 contributions to Market Bosworth library, which should have read “Burbage library”.

Whilst generally in support of the application, it was requested that the applicant be asked to explore extending the widened footpath south-east of the houses into Aston Flamville. It was moved by Councillor R Allen, seconded by Councillor Sutton and

RESOLVED –

(i)            Permission be granted subject to:

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

b.    A S106 agreement to secure:

·         Health contribution: £265,619.20

·         Waste – Barwell RHWS: £16,988.79

·         Libraries – Burbage library: £10,357.81

·         Primary education – Burbage Church of England Infant School & Burbage Junior School: £1,119,716.00

·         Secondary education (11-16) – Hastings High School: £750,792.00

·         Post 16 education – The Hinckley School: £218,762.31

·         SEND education – Dorothy Goodman School, Hinckley: £193,618.12

·         20% affordable housing provision – up to 69 homes comprising 75% social or affordable rented and 25% intermediate tenure/shared ownership

·         Travel pack provision of £52.85 per dwelling: £18,127.55 (subject to final dwelling numbers)

·         Six-month bus passes (two per dwelling) supplied by LCC: £415 per pass up to £284,690 (subject to final dwelling numbers and resident applications)

·         Sustainable travel accreditation and recognition scheme (STARS) monitoring fee: £6,000

·         Contribution towards a traffic regulation order for the reduction / relocation of the existing speed limit: £12,995.00

·         Contribution for the purpose of funding the re-validation of the microprocessor optimised vehicle actuation at the Brookside / Burbage Road / Elm Tree Drive junction: £5,000

·         Off-site outdoor sports contribution: £119,199.36

·         Off-site outdoor sports maintenance contribution: £56,636.16

·         On-site equipped children’s play space contribution: £224,647.16

·         On-site equipped children’s play space maintenance contribution: £216,830.88

·         On-site casual / informal play spaces maintenance contribution: £62,233.92

·         On-site natural green space maintenance contribution: £194,824.00

·         S106 legal and monitoring fees.

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

(iii)         The applicant be asked to explore widening of the footpath to the south east of the site to Aston Flamville.

Application for erection of two storey side and rear extension and single storey rear extension.

Late items received after preparation of main agenda:

Publicity:-

Additional neighbour comments received:

1)        Objection to the re-instatement of the first floor side elevation window to be obscurely glazed but with top opening light resulting in potential loss of privacy from overlooking to patio/garden areas.

2)        Concerns raised over proposed demolition of existing garage and potential for ‘asbestos roof’ may require specialist removal to comply with Health and Safety Regulations

3)        Re-iterated concerns raised over potential erection of high boundary fence up to public highway and potential impacts on pedestrian safety from loss of visibility from both respective driveways.

Consultations:-

Barwell Parish Council confirm ‘No objections’ to amended plans.

Appraisal:-

The potential loss of privacy from overlooking issue has been addressed within the main report. The proposed use of obscure glazing and only top opening light is a standard method of mitigating such impacts.

An additional note to applicant could be included to draw the applicant’s attention to the requirement to demolish the garage in compliance with Health and Safety Regulations should asbestos be present.

The fencing issue raised has also been addressed within the main report. No such fencing is being proposed.

Application for erection of two storey side and rear extension and single storey rear extension.

Whilst in support of this application, it was requested that a note to applicant be added requesting an asbestos assessment. It was moved by Councillor R Allen, seconded by Councillor C Allen and

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report and the abovementioned note to applicant;

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

To provide an update at the meeting on progress relating to various appeals.

Members were updated on four appeal decisions which had been received since the previous meeting.