Agenda and draft minutes

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

Councillor Bools for Councillor Mullaney

Councillor Simmons for Councillor Allen.

To confirm the minutes of the meeting held on 19 November 2024.

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

RESOLVED – the minutes of the meeting held on 19 November be confirmed as a correct record.

Councillors Allen, Cook, Simmons and Smith declared a non-registrable interest in application 24/00322/FUL as the applicant was a close associate and undertook to leave the meeting during discussion on the item and in application 24/00897/HOU as the applicant was a relative of a group member.

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

Members were updated on decisions delegated at the previous meeting.

Application for change of use from cinema (sui generis) to 40 one-bedroom apartments (use class C3) with associated car parking and landscaping.

Late items received after publication of main agenda:

National Planning Policy Framework (NPPF) Revisions

Importantly, the revised wording of Paragraph 125(c) of the NPPF states [amendments in bold]:

“Planning decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs, proposals for which should be approved unless substantial harm would be caused, and support appropriate opportunities to remediate despoiled, degraded, derelict, contaminated, or unstable land.”

In relation to Paragraph 11(d)(ii) of the NPPF (2024), key policy Paragraphs 84 (isolated homes) and 91 (main town centre uses) do not apply to this development.

The development provides a mix of affordable housing that meets identified local needs and so is in accordance with key policy Paragraph 66 (housing mix) of the NPPF (2024).

As highlighted by Paragraphs 8.5 and 8.59 of the Committee Report, the application site is within the identified settlement boundary of Hinckley in a sustainable location in transport terms. Therefore, the proposal is compliant with the sustainability ambitions of key policy Paragraphs 110 (sustainable travel) and 115 (assessing sites) of the NPPF (2024).

Paragraphs 8.32 and 8.56 of the Committee Report confirm that the scheme ensures that the existing building continues to contribute positively to the character and heritage significance of the Hollycroft Conservation Area, and the proposal does not result in any significant adverse impacts of the residential amenity of neighbouring residents or the future occupants of the scheme. As a result, the proposal is compliant with key policy Paragraphs 129 (making efficient use of land), 135 (criteria for achieving well-designed places) and 139 (balancing design considerations) of the NPPF (2024).

Given that the Council can no longer demonstrate a 5YHLS, further weight should be given to this application’s provision of 40 dwellings.

The revisions to the NPPF have altered the paragraph numberings referenced in the committee report. The paragraphs which have been revised in the latest edition of the NPPF, which have been included within the committee report are detailed below:

·                                            Paragraph 70 of the NPPF is now Paragraph 73.

·                                            Paragraph 205 of the NPPF is now Paragraph 212.

·                                            Paragraph 206 of the NPPF is now Paragraph 213.

·                                            Paragraph 212 of the NPPF is now Paragraph 219.

·                                            Paragraph 225 of the NPPF is now Paragraph 232.

Planning History

The application reference for the previous planning application within the site highlighted at Paragraph 4.1 of the Committee Report is incorrect. The application reference is 16/00503/FUL. The scheme was not determined and returned back to the Applicant on 29 March 2018 due to their failure to agree to an extension of time or to progress the application forward since 24 July 2017.

Conditions

On 04 December 2024, the Applicant submitted revised plans for the Proposed Site Plan, Proposed OS Plan and the Proposed Landscaping Layout to ensure Parking Bay 01 is 3m in width. In light  ...  view the full agenda text for item 313.

Application for change of use from cinema to 40 one-bedroom apartments with associated car parking and landscaping.

Two objectors and the applicant spoke on this application.

Members expressed concern about the lack of parking provision on the site which would exacerbate the on-street parking problems in the area. It was moved by Councillor Bray and seconded by Councillor Allen that the application be deferred to allow for further discussion on parking provision. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred.

Outline planning application (some matters reserved except for means of access and scale) for the erection of up to 33 dwellings, including affordable housing, public open space, landscape planting, sustainable drainage system and new access arrangements from the unnamed road.

This item was deferred at the previous meeting.

Late items received after publication of agenda:

National Planning Policy Framework (NPPF) Revisions

Key policies Paragraphs 84 (isolated homes) and 91 (main town centre uses) of the NPPF (2024) do not apply to this development.

In accordance with key policy Paragraph 66 (affordable housing) of the NPPF (2024), the development provides a mix of affordable housing that meets identified local needs, as confirmed by the Council’s Affordable Housing Officer.

Paragraph 8.8 of the Committee confirms that the application site is considered to be in a sustainable location in terms of its access to day-to-day facilities and amenities. Therefore, the scheme is in accordance with key policy Paragraphs 110, 115 (assessing sites) and 129(b) (local market conditions and viability) of the NPPF (2024).

Whilst Paragraph 8.87 of the Committee Report highlights that the scheme is likely to result in some harm to the rural character of the site and the wider area, this harm is not considered to significantly and demonstrably outweigh the benefits of the scheme.

Given that the Council can no longer demonstrate a 5YHLS, further weight should be given to this application’s provision of 33 dwellings.

The revisions to the NPPF have altered the paragraph numberings referenced in the committee report. The paragraphs which have been revised in the latest edition of the NPPF, which have been included within the committee report are detailed below:

·                     Paragraph 225 of the NPPF is now Paragraph 232.

To summarise, these amendments are not considered to materially alter the planning balance of the Committee Report or the recommendation to approve this development in these site-specific circumstances in accordance with Paragraph 11(d) of the NPPF (2024).

Outline planning application for the erection of up to 33 dwellings, including affordable housing, public open space, landscape planting, sustainable drainage system and new access arrangements from the unnamed road.

It was moved by Councillor Allen that permission be refused due to the visual impact and concerns around highway safety. In the absence of a seconder, the motion was not put.

It was subsequently moved by Councillor Bray and seconded by Councillor Allen that permission be granted with a note to applicant in relation to lowering the speed limit and introducing a one-way system on the unnamed road. 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.    The entering into of a S106 agreement relating to affordable housing, highway improvements, open space provision and management and the financial contributions outlined in the officer’s report

c.    The requested note to applicant

(ii)          The Head of Planning be granted authority to determine the final detail of planning conditions, obligations and drainage information;

(iii)         Leicestershire County Council as lead local flood authority confirming that it has no objections.

Having declared a non-registrable interest in the following item, Councillors Allen, Cook, Simmons and Smith left the meeting at 7.12pm.

Application for erection of a single storey self-build/custom-build dwelling (resubmission of 23/00923).

This item was previously deferred at the meeting on 4 June 2024.

Late items received after publication of agenda:

Sheepy Parish Council

On 11 December 2024, further comments in objection to the application from Sheepy Parish Council were received. The Parish Council made the following comments in relation to the application:

“Dear Cllr Crooks (Planning Committee Chair) and Mr Brown (Head of Planning)

Sheepy Parish Council is very concerned that it is being denied the opportunity to speak at the forthcoming planning committee meeting on this application (letter of 5 Dec 2024, PA Ref: 24/00322/FUL). The Parish Council considers that significant amendments have been made to the application since originally submitted (Para 2.14, HBBC Planning Committee procedure rules) and should therefore have the opportunity to speak. A further, full consultation has taken place on this application and the design and location (position) of the proposed dwelling is significantly changed following the applicant consulting with Design Midland. On this matter, it appears that Design Midland has not subsequently been consulted on the significantly revised plans. Their engagement should be an iterative process. Further, Design Midland did not follow their own procedure when dealing with this matter, as set out in their Terms of Reference. Sheepy Parish has a made Neighbourhood Plan and accompanying design guide. They have neither referred to these, nor consulted Sheepy Parish Council.

The Parish Council also needs to draw to the committee’s attention to the fact that the application (latest re-submission) continues to make false and misleading statements. This is despite these matters being raised previously. This is misrepresentation and brings into question the legality of the application. The proposed dwelling is in Sheepy Parish NOT Market Bosworth Parish. The Sheepy Neighbourhood Development Plan and its policies are the only ones relevant here. The applicant has again ignored this matter. The Sheepy plan (and its policies) has been implemented following a fully consultative and democratic process. The plan therefore reflects the views of the community. Given that Hinckley & Bosworth Borough Council strongly advocate for Neighbourhood Development Plans, Sheepy Parish Council hopes that the committee takes these issues very seriously, as well as the more detailed consultation response it submitted on 26 November 2024.

If the Parish Council continues to be denied the opportunity to speak at the committee meeting, it requests that both the Chair of the committee and the Director of Planning ensure that the concerns raised in this letter are communicated to the committee members at the meeting. This is to ensure that they are fully aware of these very important matters and are able to make a properly informed decision on this planning application. The committee should also be reminded that the law requires that decisions should be taken in accordance with the development plan (of which the Sheepy Neighbourhood Development Plan (policies) forms part) unless material considerations (which specifically include the NPPF) indicate otherwise. Further, that where a committee’s decision goes  ...  view the full agenda text for item 315.

Application for erection of a single storey self-build / custom-build dwelling (resubmission of 23/00923/FUL).

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

RESOLVED – permission be refused for the reasons contained in the officer’s report.

Councillors Allen, Cook, Simmons and Smith returned to the meeting at this juncture.

Application for erection of a front porch.

Late items received after publication of agenda:

Whilst the National Planning Policy Framework (NPPF) has been updated, the most relevant paragraphs of the NPPF have not been materially changed, and the amendments do not materially alter the content of the report. 

By virtue of the updated NPPF, paragraph 7.3. of the committee report should be amended to refer to the updated 2024 NPPF instead of the 2023 NPPF.

Application for erection of a front porch.

It was moved by Councillor Bray, seconded by Councillor C Gibbens 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 updated on progress in relation to appeals.