Agenda and minutes

Apologies for absence were submitted on behalf of Councillor Boothby.

To confirm the minutes of the meeting held on 25 September 2012.

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

RESOLVED – the minutes of the meeting held on 25 September 2012 be confirmed and signed by the Chairman.

To be advised of any additional items of business which the Chairman decides by reason of special circumstances shall be taken as matters of urgency at this meeting.

Attention was drawn to the two late reports which would be taken at the end of the meeting, one of which was a private report.

To receive verbally from Members any disclosures which they are required to make in accordance with the Council’s Code of Conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the agenda.

Councillors Lynch and Mayne declared non-pecuniary interests in application 12/00789/HOU.

Councillors Lynch and Moore declared non-pecuniary interests in application 12/00692/FUL.

The Deputy Chief Executive (Community Direction) to report progress on any decisions delegated at the previous meeting.

The Head of Planning reported on the following decisions which had been delegated at the previous meeting:

(a)        12/00178/FUL – the Section 106 Agreement was being negotiated;

(b)        12/00446/FUL – the decision had been issued on 26 September;

(c)        12/00674/COU – the decision had been issued on 2 October;

(d)        11/01021/FUL – the decision had been issued on 16 October;

(e)        12/00282/FUL – the Deed of Variation had not yet been received;

(f)         12/00677/FUL – the Deed of Variation had not yet been received.

Schedule of planning applications attached.

(a)        12/00692/FUL – Change of use from residential curtilage to a veterinary centre, associated parking and relocation of the access drive, 1 Elm Tree Drive, Burbage – Mrs Lisa Bradley

Notwithstanding the officer’s recommendation that the application be permitted, it was moved by Councillor Lynch and seconded by Councillor Batty that the application be refused on the grounds of detrimental impact on neighbouring amenity, incompatible use in a residential area detracting from the character and appearance of the area and adverse impact upon highway safety.

The Head of Planning requested that voting on the application be recorded.

The vote was taken as follows:

Councillors Bannister, Batty, Chastney, Crooks, Hall, Hodgkins, Hulbert, Lynch, Mayne, Moore, O’Shea, Taylor and Witherford voted FOR the motion (13);

Councillors Allen, Sutton and Ward voted AGAINST the motion (3).

The motion was therefore declared CARRIED and it was

RESOLVED – The application be refused for the abovementioned reasons.

(b)        12/00543/FUL – Partial demolition of existing building to form a refurbished office and dwelling and the erection of one new dwelling, 128 Main Street, Markfield – Mr Sean Lyall

On the motion of Councillor Bannister, seconded by Councillor Allen, it was

RESOLVED – subject to an Agreement under Section 106 of the Town and Country Planning Act 1990 and Section 111 of the Local Government Act 1972 or receipt of an acceptable Unilateral Undertaking under Section 106 of the Town and Country Planning Act 1990 to provide financial contributions towards play and open space and subject to no new significant material objections being received prior to the expiry of the consultation period on 24 October 2012 the Head of Planning be granted delegated powers to grant planning permission subject to the conditions contained in the officer’s report.

(c)        12/00544/CON – Partial demolition of existing buildings to form a refurbished office and dwelling and the erection of one new dwelling, 128 Main Street, Markfield – Mr Sean Lyall

On the motion of Councillor Bannister, seconded by Councillor Crooks, it was

RESOLVED – the Head of Planning be granted powers to issue conservation area consent subject to no new significant material objections being received prior to the expiry of the consultation period on 24 October 2012 and the conditions contained in the officer’s report.

(d)        12/00379/OUT – Demolition of existing building and erection of 34 dwellings (outline), Warwick Building, Rossendale Road, Earl Shilton – Kirkby Homes

On the motion of Councillor Taylor, seconded by Councillor Bannister, it was

RESOLVED – subject to the execution of an Agreement under Section 106 of the Town and Country Planning Act 1990 and Section 111 of the Local Government Act 1972 towards the provision of affordable housing, the provision and maintenance of open space facilities and contributions towards education, travel packs and bus passes and health care, the Head of Planning be granted powers to issue full planning permission subject to the conditions contained in the officer’s report.

(e)        12/00669/FUL – Change of use of land for the  ...  view the full minutes text for item 211.

Report of the Deputy Chief Executive (Community Direction) attached.

Members were presented with a report which requested consideration of the variation of terms of the Section 106 Agreement in relation to the granting of outline planning permission 11/00063/OUT at Dunlop Limited, Station Road, Bagworth.

Members were not supportive of the request and felt that affordable housing was required in rural areas and also felt that there had been no further downturn in the market since approval of the application and imposition of the conditions and therefore the applicant had no valid grounds to now request a variation.

Councillor Moore, seconded by Councillor Allen, moved that the request be refused. Councillor Moore plus six other Members stood to request a recorded vote. The vote was taken as follows:

Councillors Allen, Bannister, Batty, Chastney, Crooks, Hall, Hodgkins, Lynch, Mayne, Moore, O’Shea, Sutton, Taylor and Witherford voted FOR the motion.

The motion was declared unanimously CARRIED, and it was therefore

RESOLVED – the request for a variation of the S106 agreement dated 28 April 2012 and made between Hinckley & Bosworth Borough Council, Sukhbir Singh Johal, Svenska Handelsbanken and National Westminster Bank be refused.

Report of the Monitoring Officer attached.

Members received a report on public speaking and related procedures at Planning Committee which had been part of the Annual Review of the Constitution which was deferred at Council on 18 September pending consideration by Planning Committee. It was highlighted that the main changes proposed were to allow more than one objector to speak, with a maximum overall time for all objectors, to allow supporters other than just the applicant or agent to speak, to allow County Councillors to speak, to allow speakers on deferred applications, not to allow public speakers to register prior to publication of the agenda, and to change the format of the ‘points of clarification’ questioning.

During discussion, the following suggestions were made and debated:

• Reduce public speaking to two minutes and allow two objectors and two supporters to speak – following discussion it was felt that this would lengthen the meeting beyond a reasonable time;
• Allow the relevant County Councillor two minutes to speak – following discussion it was felt that the same procedure would not be followed by the County Council in allowing Borough Councillors to speak, and that the County Councillors had other means of submitting their views;
• Allow one Ward Member from a Ward to speak – following discussion concern was raised that in split-party wards it may be difficult to expect Members to appoint a speaker and agree points between them.

Members did however support the suggestion regarding allowing members of the public to register to speak following publication of the agenda.

On the motion of Councillor Batty, seconded by Councillor Crooks, it was

RESOLVED – Council be RECOMMENDED to reject all proposed changes with regard to Planning Committee and maintain the status quo except for the introduction of a start time for the registering of public speakers.

Report of the Deputy Chief Executive (Community Direction) attached.

Members received a report which provided information on appeals lodged and determined since the previous meeting. It was

RESOLVED – the report be noted.

Report of the Deputy Chief Executive (Community Direction) attached.

Members were updated on progress of several appeals since the previous meeting. It was

RESOLVED – the report be noted.

Report of the Deputy Chief Executive (Community Direction) attached.

The Committee was informed of delegated decisions taken since the previous meeting. It was

RESOLVED – the report be noted.

Report of the Head of Planning attached.

A report was presented which sought approval to amend the requirements for developer contributions in respect of play and open space provision for planning application reference 12/00178/FUL. On the motion of Councillor Crooks, seconded by Councillor Bannister, it was

RESOLVED – the proposals be accepted and amended terms be incorporated into the Section 106 Agreement subject to which planning permission would be granted.

To consider the passing of a resolution under Section 100A(4) of the Local Government Act 1972 excluding the public from the undermentioned item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 and 10 of Schedule 12A of the 1972 Act.

On the motion of Councillor Taylor, seconded by Councillor Crooks, it was

RESOLVED – in accordance with section 100A(4) of the Local Government Act 1972, the public be excluded from the following item of business on the grounds that it involves the disclosure of exempt information as defined in paragraphs 3 and 10 of Part I of Schedule 12A of that Act.

Report of the Head of Planning attached.

Members received a report which concerned a forthcoming appeal. It was

RESOLVED – the recommendations contained in the report be agreed.