Agenda and minutes

Apologies were submitted on behalf of Councillor Boothby.

To confirm the minutes of the meeting held on 23 October 2012.

With regard to application 12/00669/FUL (minute 211(e) refers), it was noted that the first line of the text should read “notwithstanding the officer’s recommendation that the application be refused”. This amendment was agreed.

With regard to application 12/00761/COU (minute 211(h) refers), Members expressed concern regarding the exact conditions that were imposed. Officers agreed to look again and bring the minutes back to the next meeting for approval.

RESOLVED – signing of the minutes of the meeting held on 23 October 2012 be deferred to the next meeting.

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.

It was reported that an urgent item which would be taken in private session at the end of the agenda had been accepted by the Chairman.

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.

No interests were declared.

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 applications which had been delegated at the previous meeting:

(a)        12/00692/FUL – the decision had been issued on 1 November;

(b)        12/00543/FUL – the decision had been issued on 2 November;

(c)        12/00544/CON – the decision had been issued on 2 November;

(d)        12/00379/OUT – the decision had been issued;

(e)        12/00669/FUL – the decision had been issued on 1 November;

(f)         12/00761/COU – the decision had been issued on 8 November, however this would be reviewed in light of Members’ queries.

Schedule of planning applications attached.

(a)        12/00810/FUL – Erection of one wind turbine, Elms Farm, Atherstone Road, Appleby Parva – Mr Henry Egerton

Notwithstanding the officer’s recommendation that the application be approved, it was felt that the proposal would be detrimental to visual amenity and contrary to policy BE27. On the motion of Councillor Ward, seconded by Councillor Batty, it was MOVED that the application be refused. The Head of Planning requested that voting on this motion be recorded.

The vote was taken as follows:

Councillors Allen, Batty, Chastney, Crooks, Hall, Lynch, Moore, O’Shea, Taylor and Ward voted FOR the motion (10);

Councillors Bannister, Hodgkins, Hulbert, Sutton and Witherford voted AGAINST the motion (5);

Councillor Mayne abstained from voting.

The MOTION was therefore declared CARRIED and it was

            RESOLVED – the application be refused for the abovementioned reasons:

 (b)       12/00825/FUL – Erection of a detached dwelling house, garage and associated development, Land off Merrylees Road, Newbold Heath – Mr S Goodman

Some Members felt that this application should be approved due to the fact that it had previously been in residential use, although officers explained that this use was not attached to the land. It was MOVED by Councillor Crooks and seconded by Councillor Sutton that the application be approved. The Head of Planning requested that voting on this motion be recorded.

The vote was taken as follows:

Councillors Chastney, Crooks, Hulbert and Sutton voted FOR the motion (4);

Councillors Allen, Bannister, Batty, Hall, Hodgkins, Lynch, Moore, O’Shea and Witherford voted AGAINST the motion (9);

Councillors Mayne, Taylor and Ward abstained from voting.

The MOTION was therefore declared LOST.

It was moved by Councillor Batty and seconded by Councillor O’Shea that the application be refused in line with the officer’s recommendation. It was

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

(c)        12/00878/CONDIT – Variation of condition 1 of planning permission 03/00247/CONDIT to change Monday to Saturday opening hours to between 7am and 10pm, Asda, Barwell Lane, Hinckley – Asda Stores Ltd

Notwithstanding the officer’s recommendation that the application be approved, it was MOVED by Councillor Bannister and seconded by Councillor Hodgkins that the application be refused due to the impact on neighbours in this residential area. The Head of Planning requested that voting on the motion be recorded.

The vote was taken as follows:

Councillors Allen, Bannister, Batty, Chastney, Crooks, Hall, Hodgkins, Hulbert, Lynch, Mayne, Moore, O’Shea, Sutton, Taylor, Ward and Witherford voted FOR the motion (16);

There were no votes against the motion. The motion was declared CARRIED and it was

RESOLVED – the application be refused for the abovementioned reasons.

(d)        12/00619/FUL – Change of use and cladding of horticultural building for storage, Woodlands Garden Centre, Ashby Road, Stapleton – Woodlands Nurseries

            On the motion of Councillor O’Shea, seconded by Councillor Taylor it was

RESOLVED – the application be permitted subject to the conditions contained in the officer’s report.

(Councillor Batty was  ...  view the full minutes text for item 280.

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

To view supporting information click here

A report on the designation of a conservation area in Bilstone was presented to the Committee. On the motion of Councillor O’Shea, seconded by Councillor Crooks, it was

RESOLVED – the officer responses to the public consultation be agreed and the area shown on the plan be designated as a conservation area.

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

Members gave consideration to the confirmation of the above Tree Preservation Order. Most Members felt that the tree was not endangered, not attractive and did not have amenity value and felt that the space could be better used for parking. Councillor Chastney, seconded by Councillor Allen, moved that the application for an Order be refused. It was

RESOLVED – the Tree Preservation Order be not confirmed.

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

Members were updated on appeal lodged and determined since the last meeting. On the motion of Councillor O’Shea, seconded by Councillor Crooks, it was

RESOLVED – the report be noted.

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

Members were informed of the progress of several appeals. On the motion of Councillor Crooks, seconded by Councillor O’Shea, it was

RESOLVED – the report be noted.

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

Members were informed of delegated decisions issued. On the motion of Councillor O’Shea, seconded by Councillor Crooks, it was

RESOLVED – the report be noted.

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 Deputy Chief Executive (Community Direction) attached.

Following a brief adjournment at 8.52pm for seven minutes to allow time for Members to fully read the report which had been accepted as an urgent item due to only have received advice the previous day, consideration was given to the report circulated. On the motion of Councillor Lynch, seconded by Councillor O’Shea, it was

RESOLVED – the recommendations contained in the officer’s report be supported.