Agenda and minutes

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

Items
No. Item

209.

Minutes pdf icon PDF 121 KB

To confirm the minutes of the meeting held on 25 October 2022.

Minutes:

It was moved by Councillor W Crooks, seconded by Councillor Bray and

 

RESOLVED – the minutes of the meeting held on 25 October be approved and signed by the chairman.

210.

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:

Councillors C Allen, R Allen, Roberts and Smith declared a personal interest in application 22/00788/OUT as the applicant was a fellow councillor from the same group.

 

Councillors Roberts and Smith stated they were ward councillors for application 22/00790/FUL but came to the meeting with an open mind.

 

Councillors Flemming, Lynch and Walker stated they were members of Burbage Parish Council’s Planning Committee where application 22/00120/FUL had been considered but they didn’t vote at that meeting.

211.

Decisions delegated at previous meeting

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

Minutes:

It was reported that the decision in relation to application 22/00835/HOU had been issued, conditions were being confirmed in relation to application 22/00689/FUL and the decision would be issued shortly and application 21/01331/FUL would be brought back to a future meeting.

212.

22/00120/FUL - Michealmas Cottage, 138 Sapcote Road, Burbage pdf icon PDF 473 KB

Application for demolition of existing garage block and stables and the construction of three new dwellings with associated parking and turning facilities.

 

Late items received after preparation of main agenda:

 

Consultations:-

1.1.          Following receipt of additional drainage documents (para 8.33 of the report) the HBBC Drainage Consultant was again consulted and provided the following comments:

The additional details confirm that infiltration drainage via traditional soakaways is not feasible for this site, and proposes an alternative SuDS strategy which is acceptable in principle.

I would recommend the following drainage condition, along with guidance notes to applicant:

Development shall not begin until a scheme to provide a sustainable surface water drainage system in accordance with the Drainage Strategy (November 2022) has been submitted to and approved by the Local Planning Authority, and the scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Notes to applicant:

The drainage scheme shall include a tanked permeable paving system to external parking areas in order to meet water quality requirements before discharging into the downstream system.

Details of a suitable outfall will be required, and any proposed works to a watercourse or field ditch may require consent from Leicestershire County Council under Section 23 of the Land Drainage Act 1991’.

Recommendation:-

1.2         The above proposed planning condition is therefore recommended to replace the existing Condition 5 related to surface water drainage details.

Minutes:

Application for demolition of existing garage block and stables and the construction of three new dwellings with associated parking and turning facilities.

 

The agent spoke on the application.

 

It was moved by Councillor Flemming that permission be refused due to the impact on the amenity of residents. In the absence of a seconder, the motion was not put.

 

It was moved by Councillor J Crooks, seconded by Councillor R Allen and

 

RESOLVED – permission be granted subject to the conditions contained in the officer’s report and late items.

213.

21/01359/HOU - 191 Leicester Road, Groby pdf icon PDF 513 KB

Application for erection of a raised patio at the rear of a dwelling.

Minutes:

Proposal for erection of a raised patio at the rear of the dwelling.

 

It was noted that the purpose of this item was only to consider whether to pursue or withdraw a revocation order which was currently being considered by the Secretary of State in respect of the extant planning permission granted under delegated powers.

 

An objector, the agent and the ward councillor spoke on this application.

 

It was moved by Councillor Bray and seconded by Councillor J Crooks that the revocation order be withdrawn. Upon being put to the vote, the motion was LOST.

 

Following further discussion, it was moved by Councillor R Allen and seconded by Councillor Furlong that the council pursues the revocation order. Upon being put to the vote, the motion was LOST.

 

It was subsequently moved by Councillor Bray and seconded by Councillor Lynch that the recommendation within the report be approved. Upon being put to the vote there were six votes FOR the motion and six AGAINST. The chairman exercised her casting vote in support of the motion and it was therefore declared CARRIED and

 

RESOLVED – the revocation order be withdrawn.

214.

22/00788/OUT - 14 Chesterfield Way, Barwell pdf icon PDF 580 KB

Application for residential development for three new dwellings with details of means of access, layout and scale.

Minutes:

Application for residential development for three new dwellings with details of means of access, layout and scale.

 

An objector and the agent spoke on the application.

 

It was moved by Councillor Bray, seconded by Councillor W Crooks and

 

RESOLVED – permission be granted subject to the conditions contained in the officer’s report.

215.

22/00790/FUL - Land south east of Dawsons Lane, Barwell pdf icon PDF 402 KB

Application for change of use of land to provide a dog day care facility and associated secure dog walking facility.

 

Late items received after preparation of main agenda:

 

A statement has been submitted by the applicant following publication of the report. In summary the points made are:

·                2013- 2016 Hinckley Pets Ltd was set up at Westfield Farm, Keats Lane as the 1st doggy day care facility in the Hinckley area.

·                In 2016 the business moved to 23c Wood Street, Hinckley. This building was not in a great condition but was centrally located. A retrospective application (16/00883/COU) was refused for reasons of non-compliance with DM19.

·                Cllr Stuart Bray advised it would be unlikely to get planning permission in any commercial premises as it would be difficult to comply with Policy DM19

·                It was recommended to find a site in the Countryside

·                From 2017 to present a barn has been rented at Cold Comfort Farm, Rogues Lane. Retrospective planning permission was applied for (18/00353/FUL)

·                This barn is in the open countryside accessed via a ½ mile private road with public access and several dwellings, business, stables along it.

·                Hinckley Pets Ltd erected an acoustic fence and agreed to a maximum of 10 vehicle movement per day.

·                In this location it was agreed Hinckley Pets Ltd complied with Policy DM04, DM10 & DM18

In light of the officer report the Applicant wish to address the Committee and bring the following to members attention.

“Planning Officer - The siting of a dog day boarding & walking business at this location within the open countryside would introduce an incongruous and unsustainable form of development which would have a significant adverse impact on the intrinsic value, beauty, open character and landscape character of the countryside and would be contrary to Policy DM4 and DM10 of the Site Allocations and Development Management Policies DPD.

·                Section 6 of the NPPF seeks to build a strong, competitive economy. Paragraph 80 of the NPPF states that planning policies and decisions should help create the conditions in which business can invest, expand and adapt

·                Paragraph 83 of the NPPF seeks that policies and decisions enable, the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well designed new buildings

·                The LPA to deal with the application, through ongoing negotiation and must work with the applicant in a positive and proactive manner

·                The LPA representative has not sought to consider Section 6 of the NPPF section 80 or 83.  They equally have not engaged with us in a positive or proactive manner to seek solutions with problems

·                The proposal would be sustainable & in essence be a replica of the site at Rogues Lane that met DM4 & DM10 and was accepted at the planning committee in 2018

·                4 other similar proposals, listed below, were all within the open countryside & were considered ‘sustainable’. These were: 18/00353/FUL Hinckley Pets in Home Limited, Rogues Lane Hinckley (largely unseen), 17/00117/COU The Pingles, Dog Day Care  ...  view the full agenda text for item 215.

Minutes:

Application for change of use of land to provide a dog day care facility and associated secure dog walking facility.

 

During presentation of the application the recommendation was amended to include delegation of authority to the Planning Manager to determine the final details of the reasons for refusal.

 

An objector and the applicant spoke on this application.

 

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

 

RESOLVED –

 

(i)            Permission be refused for the reasons contained in the officer’s report;

 

(ii)          Authority be delegated to the Planning Manager to determine the final details of the reasons for refusal.

216.

22/00845/REM - Land south east of 47 Wykin Lane, Stoke Golding pdf icon PDF 542 KB

Application for approval of reserved matters of outline planning permission 19/01324/OUT residential development of up to 55 dwellings (outline – access only).

 

Late items received after preparation of main agenda:

 

Consultations:-

 

1.1.          The Local Highway Authority has advised that following minor amendments to the highway details the internal road network is now considered suitable for adoption.

1.2.          The LHA points out that the feature space adjacent to plots 3 to 7 may potentially attract a commuted sum as the LHA would prefer to see a standard 2m footway constructed adjacent to the carriageway. The LHA would also expect it to be constructed with a bituminous material.

1.3.          In addition the LHA advises that the speed table adjacent to plots 15/16 is not necessary given the proximity to the bend and the turning head.

1.4.          The report mistakenly refers to some of the affordable homes being for Shared Ownership. They are instead Discounted Market Dwellings.

Minutes:

Application for reserved matters of outline planning permission 19/01324/OUT residential development of up to 55 dwellings (outline – access only).

 

During presentation of the application the recommendation was amended to request an additional condition removing permitted development rights (with regard to extensions and dormer windows) from proposed dwellings abutting existing neighbouring gardens.

 

The applicant and a representative of the parish council spoke on this application.

 

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 and an additional condition removing permitted development rights;

 

(ii)          The Planning Manager be granted delegated authority to determine the final details of the conditions.

217.

Appeals progress pdf icon PDF 289 KB

To report on progress relating to various appeals.

Minutes:

Members received an update on appeals.