Agenda and minutes

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

Councillor Glenville for Councillor Mullaney

Councillor Simmons for Councillor Allen

Councillor Webber-Jones for Councillor Moore

Councillor Williams for Councillor Hollick.

To confirm the minutes of the meeting held on 30 July 2024.

It was moved by Councillor Flemming, seconded by Councillor S Gibbens and

RESOLVED – the minutes of the meeting held on 30 July be confirmed as a correct record.

Councillor R Allen declared that he had previously spoken in objection to application 20/01225/FUL so would step down from the committee to speak as ward councillor, then leave the meeting during the debate and decision.

Councillor J Crooks stated that she was a member of Newbold Verdon Parish Council which had considered application 24/00503/FUL but she hadn’t taken part in the debate or vote and came to the meeting with an open mind.

Councillor Green declared that she was ward councillor for application 24/00609/HOU.

Councillors Simmons and Smith stated that had voted on application 24/00609/HOU at Barwell Parish Council’s Planning Committee and as such would withdraw from the meeting during discussion and voting on the item.

Councillor Webber-Jones declared that he had made his view on application 22/01160/OUT previously and would speak as ward councillor but would not take part in the debate or voting thereon. He also stated he owned a property in Bagworth but confirmed he had no previous knowledge of application 24/00127/FUL nor knew the applicant so had no interest to declare.

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

Members were updated on the outcomes of decisions delegated at the previous meeting.

Hybrid application comprising outline application (access, appearance and scale) for the demolition of an existing factory building and erection of a residential building comprising of up to 12 residential units; a full application comprising of the change of use of an existing factory building to residential including the addition of an extra storey and comprising of 14 residential units.

Late items received after publication of main agenda:

Recommendation:-

Paragraph 11.1 needs to be amended to:

“11.1   That the application be Approved subject to the conditions set out below.”

Hybrid application comprising outline application (access, appearance and scale) for the demolition of an existing factory building and erection of a residential building comprising the change of use of an existing factory building to residential including the addition of an extra storey and comprising 14 residential units.

The applicant spoke on this item.

It was moved by Councillor Bray, seconded by Councillor Flemming and unanimously

RESOLVED –

(i)            Permission be granted subject to the conditions outlined in the officer’s report;

(ii)          The Head of Planning be granted delegated powers to determine the final detail of the conditions.

Having declared an interest in the following item, Councillor Webber-Jones left his seat as part of the committee and sat at the ward councillor table.

Councillor Bray left the meeting at 6.42pm.

Application for commercial unit (use class E(g)(i, ii, iii) (outline application – access only.

Late items received after publication of main agenda:

Appraisal:-

Report Corrections/Additions

Paragraph 8.9

Whilst not altering the conclusions of this paragraph, the applicant and case officer have also approached the Councils Economic Development Officer in the past to ascertain if they were aware of suitable sites. Units of the right size were found in Barwell and Earl Shilton however they were reasonably old and dilapidated and thus it could have been assumed these were not have been suitable for the applicants needs. The discussions did not return any further results.

Paragraph 8.11

The nearest bus stop is at Desford Crossroads and not as mentioned within the reports as being in Desford village itself. The distance from the site access to Desford Crossroads south-west bound bus stop is approx. 750m which is within the CIHT guidance of 800m walk (10mins). The distance to the northeastern bound bus stop is 820m along a surfaced footpath from the site access. The Bus route 158 connects Nuneaton via Hinckley to Leicester on an hourly basis and does provide an option for accessing the site via more sustainable means. However, when length of the access drive from the site access with Leicester Lane, the walking distance would be increased by a further ~150m talking this above the 800m guidance and reducing the desirability for staff and visitors to access the site by bus.

Agent Correspondence

The applicant’s agent has advised that in terms of the commercial space, “the client has stipulated the following -

Criteria for high quality Factory Space

Our company operates high end state of the art CNC machines, these are the same as the units widely used in the manufacture of precision components for Formula 1 cars.

To achieve the tolerances that these machines are capable of the environment in which they are installed need to meet the following criteria:

Control of the environment.

It is important that the temperature and humidity of the factory space is controlled, this is due to multiple factors the key one being the expansion and contraction of the metal used in the construction of the machine, the current space occupied by Savage does not allow for this and results to the machines being run for an additional 2 hours a day in the early morning to “warm them up”.

This is unnecessary and the machines are wasting energy during this period, this adds additional energy costs and does not help our companies aim of reducing its Carbon Footprint and also the UK governments targets for emission’s.

Floor Surfaces

floor surfaces on which the CNC machines are located needs the be completely level to a very tight tolerance, as this forms the “datum” for the machine’s measurements.

Materials used in the construction of the floor are also an important factor, as the vibrations passed from machine to machine need to be minimised.

Based on the factors detailed above it is not  ...  view the full agenda text for item 111.

Application for commercial unit (use class E(g)(i,ii,iii) (outline application – access only).

The agent and a ward councillor spoke on this application.

Notwithstanding the officer’s recommendation that permission be refused, members felt that the location was in a suitable location and there was a need for the use in that area. It was moved by Councillor Allen, seconded by Councillor Green and

RESOLVED –

(i)            Planning permission be granted;

(ii)          The Head of Planning be granted delegated powers to determine the final detail of conditions.

At this juncture, Councillor Webber-Jones resumed his seat on the committee.

Application for change of use from sandwich shop (class E) to hot food takeaway (sui generis) including replacing an existing extract system.

Application for change of use from sandwich shop (class E) to hot food takeaway (sui generis) including replacing an existing extraction system.

It was reported that the Sunday opening hours had been reduced and the business would close at 20:00.

It was moved by Councillor Flemming, seconded by Councillor Webber-Jones and unanimously

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report with the reduced opening hours;

(ii)          The Head of Planning be granted authority to determine the final detail of planning conditions.

Application for approval of reserved matters (appearance, landscaping, layout, scale) of outline application 21/00096/OUT for residential development of up to 55 dwellings.

Late items received after publication of main agenda:

Introduction:-

Following publication of the report the Applicant has confirmed that the site has been acquired by Stonewater Developments Ltd and that Stonewater will develop the site that is the subject of this application as a 100% affordable housing scheme. Stonewater is one of the largest registered affordable homes providers in the country and they have confirmed that as a strategic partner of Homes England, Stonewater has been allocated funding in their current programme to support delivery of the site.

Revised plans that provide a second footpath link on the Barton Road frontage adjacent to the public open space and provide additional public open space adjacent to the attenuation pond have been provided.

Paragraph 3.3 of the main report is corrected in that it is the Tollgate Family Dental Centre opposite the site and not a doctors’ surgery.

Consultations:-

Further to Section 6 of the report Active Travel England have no comments to make on the application.

Further to paragraph 6.8 of the main report a condition securing the provision of bird and bat boxes is required.

Further to paragraph 8.48 of the main report it is confirmed that the development would also be subject to the requirements of the S106 Agreement that relates to the outline permission 21/00096/OUT. This includes that no development shall commence until the Borough Council has approved an Affordable Housing Scheme for the site. It also includes that prior to the commencement of development the Landowner will confirm whether they wish to maintain the on-site open space area or whether they intend to transfer it to a management company or alternatively request that the Borough Council or the Parish Council maintains the on-site open space area. The reference to Parish Council, although not specifically defined, means Osbaston Parish Council as the site lies within Osbaston parish.

Condition 1 shall be revised to include the any relevant approved plans. Condition 7 shall be revised to include play equipment and the timing of the provision of the open space, play equipment and pedestrian routes. 

Barlstone Parish Council has confirmed that no one will be speaking at Committee but the objections to the application are repeated. The Parish Council also adds that the one shop in Barlestone (a Co-op) struggles to cope with village demands, the primary school is full, the bus services have been cut so people that do not drive cannot get to college/work, which in turn has led to unemployment and increased crime in the village. Osbaston is a hamlet – they use all of Barlestone’s amenities and Barlestone already struggles. Further to this the change in number of houses from the original application will only add even more pressure on an already stretched infrastructure that the Barlestone community neither wants or can cope with.

Officer comment: The Parish Council objection ignores that there is  ...  view the full agenda text for item 113.

Application for approval of reserved matters (appearance, landscaping, layout, scale) of outline application 21/00096/OUT for residential development of up to 55 dwellings.

An objector, the agent, a representative of the parish council and the ward councillor spoke on this application.

Concern was expressed about the size of the gardens which did not meet the minimum recommended size in the Good Design Guide, and that not all of the roads would be built to adoptable standards. It was therefore moved by Councillor Webber-Jones and seconded by Councillor S Gibbens that the application be deferred for further clarification on these matters. Upon being put to the vote, the motion was CARRIED and it was unanimously

RESOLVED – the application be deferred for further discussion with the applicant on garden size and adoptability of the roads.

Application for erection of four dwellings, alterations to existing dwelling and widening of access.

Late items received after publication of main agenda:

Introduction:-

The below comments have been received from Nicholas Williams, Architect and Application Agent;

“The comments below support the planning application to be considered at committee on the 27th August 2024. We respectfully request that the application be approved by members.

This application is a follow up from 22/00733/FUL which was refused at Committee.

This application was dismissed at appeal, ( APP/K2420/W/3319934) however the inspector clearly stated only one issue; the larger HMO property position and design not being in line with the local context was the reason for the dismissal. All other issues were acceptable.

This new application addresses the issues raised by the Inspector, replacing the HMO with a 3 bed detached property similar to the other proposed dwellings and surrounding properties, and is sited further from the boundaries. There are no overlooking / loss of privacy issues or loss of outlook from existing properties.

I would reiterate that:

·                officers have recommended this application for approval.

·                scheme is compliant with NPPF as a sustainable scheme, within the Bagworth settlement boundary and as such in NPPF terms is considered a “presumed approval”

The scheme though small provides housing required to fulfil new homes targets. I note that the authority currently has invitations out to land owners requesting them to bring forward sites, to fulfil new build housing targets, further demonstrating that need.

With respect to objections made through the application process by members of the public, I wish to set out the following points in response:

1.)           Works to the existing bungalow Refurbishment works to the existing 314a that were completed do not require planning consent. All works completed were completed under permitted development rights or were internal refurbishment. The bungalow has to be included in the application area as it currently occupies the whole planning unit (the site). Works are not being applied for retrospectively as it is not necessary to do so.

2.)           Highways Issues: LCC Highways have had 3 opportunities to look at this scheme. (pre-application and 2 application processes) They are satisfied with the proposals. There will be detailed conditions on any approval to assess the details of the implementation.

2a.)  Driveway The driveway was widened for a short length on a temporary basis to facilitate the refurbishment works done to 314a. As previously stated, if the development was not to proceed this would be put back to its previous state by the applicant. The proposed driveway width has been achieved to satisfy LCC Highways requirements as well as the vision splays and onto Station Road. These are likely to be subject to technical detailed design done at condition stage. in fact pedestrian visibility at this point is excellent. The new driveway is suitable for fire tender access, delivery vehicles and private rubbish collection.

2b.)   Parking The parking provision for the scheme is in excess of requirements and provides 2 visitor  ...  view the full agenda text for item 114.

Application for erection of four dwellings, alterations to existing dwelling and widening of access.

The agent and a ward councillor spoke on this application.

It was moved by Councillor S Gibbens, seconded by Councillor Webber-Jones and unanimously

RESOLVED – the delegated decision to approve planning permission subject to the conditions contained in the officer’s report be confirmed.

Application for change of use and conversion of commercial/offices (class E) to short term let service apartments (class C1 – hotels), new accessible ramps, installation of signage, parking and alteration to the property and installation of non-illuminated wall-mounted lettering signage.

Late items received after publication of main agenda:

Appraisal:-

·                The report states 10 apartments, however there are 9 apartments (1F is split into 4 and 4a)

·                The report states that the laundry facility is on the ground floor, however it is on the first floor.

Application for change of use and conversion of commercial / offices (class E) to short terms let service apartments (class C1 – hotels), new accessible ramps, installation of signage, parking and alteration to property and installation of non-illuminated wall mounted lettering signage.

The agent spoke on this application.

Notwithstanding the recommendation contained in the officer’s report that permission be granted, concern was expressed that there was insufficient laundry space on the ground floor and the number of units should be reduced to three to allow for more laundry space. It was moved by Councillor Allen and seconded by Councillor S Gibbens that application 24/00591/FUL be deferred to allow for consideration of decreasing the number of units on the ground floor. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – Application 24/00591/FUL be deferred to allow for consideration of reducing the number of ground floor units to three to allow for a larger laundry.

Having declared an interest in application 24/00609/HOU, Councillors Simmons and Smith left the meeting at 8.17pm.

In considering application 24/00592/ADV for non-illuminated signage, it was moved by Councillor Allen, seconded by Councillor Flemming and

RESOLVED – With reference to application 24/00592/ADV:

(i)            Permission be granted subject  to the conditions contained in the officer’s report;

(ii)          The Head of Planning be granted authority to determine the final detail of the conditions.

Application for single storey side / front extension, new roof extension to provide loft space accommodation with front dormer windows and front and rear roof lights, front canopy porch and new dual pitched roof to existing garage and car port.

Application for single storey side/front extension, new roof extension to provide loft space accommodation with front dormer windows and front and rear roof lights, front canopy porch and new dual pitched roof to existing garage and car port.

It was moved by Councillor Crooks, seconded by Councillor S Gibbens and unanimously

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report;

(ii)          The Head of Planning be granted authority to determine the final detail of planning conditions.

Councillors Simmons and Smith returned to the meeting at 8.20pm.

At this juncture and having declared an interest in the following application, Councillor Allen left his seat on the committee and took a seat at the ward councillor’s table.

Application for residential development for 81 dwellings with provision of access, open space and associated infrastructure.

This item was deferred at the previous meeting therefore, in accordance with the council’s constitution, there is no provision for public speaking.

Late items received after publication of main agenda:

Consultations:-

Revisions to the S106 obligations are stated below;

This compares to a Total of £931,040.61 as reported to Commitee previously.

From a Highways perspective:

·                     £500.00 admin fee (should the owners elect to provide their own Travel Packs) 

·                     bus pass contribution was for two passes per dwelling at a cost of £490.00 per pass

Application for residential development for 81 dwellings with provision of access, open space and associated infrastructure.

Councillor Allen spoke as ward councillor then left the meeting at 8.30pm.

It was moved by Councillor Webber-Jones, seconded by Councillor Cook and unanimously

RESOLVED –

(i)            Permission be granted subject to:

a.    The conditions outlined in the officer’s report;

b.    A section 106 agreement in accordance with the Head of Terms set out within the report.

(ii)          The Head of Planning be granted authority to determine the final detail of the planning conditions;

(iii)         The Head of Planning be granted authority to finalise the terms of the S106 agreement including trigger points and claw-back periods.

To report on progress relating to various appeals.

Members were updated on progress in relation to appeals.