Agenda and minutes

Planning Committee - Tuesday, 19 May 2020 6.30 pm

Venue: Virtual meeting - Zoom. View directions

Contact: Rebecca Owen  Democratic Services Manager Email: rebecca.owen@hinckley-bosworth.gov.uk

Items
No. Item

366.

Apologies and substitutions

Minutes:

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

 

Councillor Bray for Councillor Mullaney

Councillor Collett for Councillor Smith.

367.

Minutes pdf icon PDF 117 KB

To confirm the minutes of the meeting held on 3 March 2020.

Minutes:

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

 

RESOLVED – the minutes of the meeting held on 3 March 2020 be approved as a correct record.

368.

Declarations of interest

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.

Minutes:

Councillor Collett stated that, whilst he had made comments in relation to application 19/01324/OUT, he had come to the meeting with an open mind and would listen to the debate before forming a view.

369.

Decisions delegated at previous meeting

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

Minutes:

It was reported that all decisions had been issued.

370.

19/00947/OUT - Land Off Sketchley Lane, Burbage pdf icon PDF 375 KB

Application for development comprising of up to 140 dwellings and extension of Sketchley Meadows Business Park for up to 30,000 sq m (322,920 sq ft) gross external floor space for Class B2 General Industrial/Class B8 Warehousing and Distribution use with associated means of access from Watling Drive and Sketchley Lane, associated internal estate roads, parking, landscaping, open space and sustainable drainage (Outline - including access).

 

Late items (amended recommendation at the end of the text):

 

Policies:-

 

Burbage Neighbourhood Plan:

 

           Policy 1: Settlement Boundary

           Policy 3: Design and Layout

           Policy 4 Parking

           Policy 7: Protection of other important green spaces

·                     Policy 8:Ridge and Furrow Fields

           Policy 9: Biodiversity

           Policy 20: Business and retail

 

Appraisal:-

 

Assessment against planning policies

 

Since the publication of the committee report, the Burbage Neighbourhood Plan has been published Under Regulation 18, and can therefore be now afforded substantial weight.

 

Policies 1 of the Burbage Neighbourhood Plan (BNP) sets out a presumption in favour of residential development adjacent to the defined settlement boundary within the BNP as long as it accords with other plan policies.  The development lies adjacent to three settlement boundaries and therefore is acceptable in principle subject to it complying with other policies within the plan. 

 

Policy 9 seeks to protect and enhance the network of green spaces, stepping stones and wildlife corridors including species rich hedgerows, which provide a valuable linear network allowing for the movement, as well as providing a habitat, for wildlife.

 

Over 40% of the Parish has been developed due to its close proximity to Hinckley. The remaining area is predominantly improved grassland and arable, providing a valuable green lung for the community. Those sites that do survive are therefore proportionately of high significance in the local context and help to define Burbage’s character.  To protect these areas from further development a Green Corridor has been introduced.

 

The Green Corridor runs across the site east to west and also includes a large area of land adjacent to the existing employment and A5. The application is in outline however the indicative layout when compared to the areas identified as Green Corridor results in the majority of the commercial area being undevelopable along with areas of the residential.  As proposed the site cannot be developed whilst protecting and enhancing the Green Corridors and therefore the application is considered contrary to Policy 9 of the Burbage Neighbourhood Plan.

 

Planning Balance

 

Section 38(6) of the Planning and Compulsory Purchase Act 2004 and S70(2) of the Town and Country Planning Act 1990 require that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

 

The housing policies in the adopted Core Strategy and the adopted SADMP are now considered to be out of date as they focussed on delivery of a lower housing requirement than required by the up-to-date figure. The Council also cannot demonstrate a 5 year housing land supply. Therefore, the ‘tilted’ balance in paragraph 11(d) of the Framework  ...  view the full agenda text for item 370.

Minutes:

Application for development comprising up to 140 dwellings and extension of Sketchley Meadows Business Park for up to 30,000 sq m gross external floor space for class B2 general industrial / class B8 warehousing and distribution use with associated means of access from Watling Drive and Sketchley Lane, associated means of access from Watling Drive and Sketchley Lane, associated internal estate roads, parking, landscaping, open space and sustainable drainage (outline – including access)

 

At this juncture, Councillors Bray, Flemming and Lynch declared a personal interest as a member of Burbage Parish Council but stated he had come to the meeting with an open mind.

 

It was highlighted that the officer’s recommendation had been amended to that of refusal since publication of the report due to the Burbage Neighbourhood Plan having been published in the intervening period and now being afforded substantial weight.

 

Whilst in support of the amended recommendation, some members felt that the proposed development would also be harmful to the intrinsic value, character and beauty of the open countryside due to harm to the view from the footpath contrary to policy DM4 and would have significant adverse impact upon highway safety contrary to policy DM17. It was moved by Councillor Findlay and seconded by Councillor Walker that the application be refused in accordance with the officer’s recommendation and the abovementioned additional reasons. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – permission be refused for the following reasons:

 

(i)            The application proposes commercial and residential development on areas identified as a green corridor. The green corridors have been identified as important areas that should be protected due to their contribution to the character of Burbage. The development would neither protect nor enhance the green corridor and therefore the development is contrary to policies 1 and 9 of the Burbage Neighbourhood Plan;

 

(ii)           The development would be harmful to the intrinsic value, character and beauty of the open countryside contrary to policy DM4;

 

(iii)          The development would have significant adverse impact on highway safety contrary to policy DM17.

371.

19/01437/FUL - Kyngs Golf And Country Club, Station Road, Market Bosworth pdf icon PDF 218 KB

Application for erection of a multi-purpose golf clubhouse(D2), formation of new car parking areas and access roads and the erection of 6 golf holiday homes (C1) and all associated ancillary works and landscaping.

Minutes:

Application for erection of a multi-purpose golf clubhouse (D2), formation of new car parking areas and access roads and the erection of six golf holiday homes (C1) and all associated ancillary works and landscaping.

 

It was moved by Councillor Bray and seconded by Councillor Roberts that permission be granted in accordance with the officer’s recommendation. Councillor Cartwright suggested an amendment that final agreement of the conditions be delegated to the Head of Planning in consultation with the chairman and ward councillor. The mover and seconder of the original motion accepted the amendment.

 

A member requested an amendment that member that had concerns about the conditions imposed on the granting of permission contact the Planning Manager within 48 hours.

 

Upon being put to the vote, the motion as proposed by Councillor Bray and seconded by Councillor Roberts and subsequently amended was CARRIED and it was

 

RESOLVED – permission be granted and the final conditions be delegated to officers in consultation with the chairman and ward councillor.

 

Councillor Boothby left the meeting at 8.20pm and was absent for the vote.

 

The meeting adjourned at 8.25pm and reconvened at 8.32pm.

 

372.

19/01243/OUT - Ashfield Farm, Kirkby Road, Desford pdf icon PDF 230 KB

Application for residential development of up to 120 dwellings (Outline – access only).

 

Late items:

 

Consultations:-

 

Further neighbour objections have been received from one address, raising the following new issues;

 

    1)        It is unfair to hold a meeting when the virus is still a threat, the plans should be delayed until the villagers of Desford can attend a meeting to air their opinions. If this doesn't happen it just proves that the decision has already been made

 

    2)        I request that copies of the plans are posted to all residents of the village

 

Appraisal:-

 

There is clear instruction from Central Government that all Councils must continue to receive and deal with planning applications.  The Council is still meeting its statutory duty to consult on planning applications.

 

Therefore, given the clear direction from central government including the passing of new legislation to allow virtual Planning Committees to take place, the Council is satisfied that the decision making process is compliant with legislation.

 

Recommendation:-

 

The recommendation is unchanged from that which is printed on the agenda.

Minutes:

Application for residential development of up to 120 dwellings (outline – access only)

 

Notwithstanding the officer’s recommendation that permission be granted, some members felt that the proposed development would harm the open character, landscape character of the countryside as it would have significant impact on the intrinsic value and openness of the area and would therefore be contrary to policy DM4. They also felt it would have a severe impact on highway safety due to the proximity to the school and recreation ground and a residual cumulative impact on the highway network which was exacerbated by the narrow roads and existing on-street car parking and was therefore contrary to policy DM17. It was moved by Councillor J Crooks and seconded by Councillor R Allen that the application be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – permission be refused for the following reasons

 

(i)            The development would cause harm to the open character and landscape character of the countryside contrary to policy DM4;

 

(ii)           The development would have a severe impact on highway safety and an impact on the highway network contrary to policy DM17.

 

At 9.28pm it was moved by Councillor J Crooks, seconded by Councillor Findlay and

 

RESOLVED – the meeting be permitted to continue past 9.30pm.

373.

19/01324/OUT - Land At Wykin Lane, Stoke Golding pdf icon PDF 231 KB

Application for residential development of up to 55 dwellings (Outline - access only).

 

Late items:

 

Consultations:-

 

Four additional letters of objections have been received raising the following additional matters:-

 

    1)        Disjointed in regards the broader picture of development needs and opportunity within Stoke Golding, and allowing this moves away from the collaborative approach of the villagers in respect to the Neighbourhood Planning

    2)        Stoke Golding Neighbourhood Plan is clear that a brownfield development site in the village is the most appropriate

    3)        Residents made it clear that any new development should be away from green spaces and aligned with amenities

    4)        Villages resources will be stretched

    5)        A traffic accident happened opposite Willow Farm, police and ambulance in attendance with vehicle and driver stuck in the ditch

    6)        The site has been previously considered by HBBC during the SHELAA, the area was omitted from consideration due to poor accessibility for the level of housing required and the impact on the surrounding area. The difference was numbers of dwellings, with the developer seeking to build 150-160 homes

    7)        A previous application to convert Willow barn into a cottage was refused due to impact upon, the rural character, surrounding landscape, amenity of neighbouring properties, highway safety and biodiversity

    8)        How will trees be preserved and visibility provided

    9)        The developer has revised their initial interpretation of their traffic survey, recognising the substantial impact on Wykin Lane vehicle users the development will have, both in the construction phase and occupancy.  The construction traffic will not be able to use Wykin Lane and so will need to travel past the severely congested St. Martins school location (at peak times) and through the heart of the village

 10)        The developer in a need to alleviate the inevitable increased traffic volume & congestion concerns the development would cause has proposed additional "passing places" to satisfy the issue, however these spots are already utilised to pass and will therefore have little benefit towards easing the traffic flow

 11)        The Ecological value of AS537 Land off Wykin Lane is moderate to high.

 12)        The most significant planning decision is 17/00484/FUL which identifies within the officer report that there is no overriding need for housing in Stoke Golding

 13)        Conditions relating to highways and the passing places have not been included

 14)        There would be impact upon ecology through the development of passing places within Wykin Lane

 15)        It is unfair to hold a meeting when the virus is still a threat, making a decision should be delayed until when a committee meeting can be held and attended by public 

 

Dr Luke Evans MP has raised the following matters:-

 

    1)        High house prices in local communities are an issue which especially impacts upon young, and a more diverse housing stock may be needed to account for ever changing housing demand. These factors are why Neighbourhood Plans are supported. As a vital tool which enable communities to shape futures

    2)        It is recognised that communities which produce a Neighbourhood Plan provide  ...  view the full agenda text for item 373.

Minutes:

Application for residential development of up to 55 dwellings (outline – access only)

 

During discussion on this item, it was identified that the livestream of the meeting had ceased, thereby restricting public access to the meeting. In accordance with the procedure rules for remote meetings, the meeting was adjourned due to it no longer being open to the public and application 19/01324/OUT was deferred to the next meeting.

374.

Appeals progress pdf icon PDF 56 KB

To report on progress relating to various appeals.

Minutes:

This item was deferred to the next meeting.