Agenda and minutes

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Items
No. Item

279.

Apologies and substitutions

Minutes:

Apologies for absence were submitted on behalf of Councillors C Allen, Bray, Hodgkins, Roberts, Smith and Walker with the following substitutions authorised in accordance with council procedure rule 10:

 

Councillor Cartwright for Councillor Bray

Councillor Cook for Councillor Allen

Councillor Glenville for Councillor Hodgkins.

280.

Minutes pdf icon PDF 144 KB

To confirm the minutes of the meeting held on 14 December 2021.

Minutes:

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

 

RESOLVED – the minutes of the meeting held on 14 December be approved as a correct record and signed by the chairman.

281.

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:

No interests were declared.

282.

Decisions delegated at previous meeting

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

Minutes:

It was noted that the section 106 agreements were being finalised in relation to the decisions delegated at the previous meeting. It was reported that the target to finalise the section 106 agreement for application 21/00656/OUT which had been reported to the October meeting was approaching and a short extension had been agreed with the chairman.

283.

21/01147/OUT - Land off Wood Lane, Higham on the Hill pdf icon PDF 613 KB

Application for development of up to 61 dwellings, including a shop, open space, new access and associated works (outline-access only).

 

Late items received after preparation of the main agenda:

 

Consultations:-

 

NHS England have requested a contribution of £30,885.06.

 

Higham on the Hill Parish Council objections were summarised within the published committee report however they were reported as neighbour comments. For clarification their comments on the application were as follows:

 

1.    Plans for access do not take into account of approximately 120 cars exiting onto a dangerous country lane.

2.    More traffic onto Main Street is unacceptable

3.    Visibility down Wood Lane is poor and increase in traffic will make it more hazardous

4.    The development will compromise the safety of the Sustrans cycle route along Wood Lane

5.    Loss of open countryside

6.    Loss of Views

7.    Urbanisation of a rural plot

8.    Lack of infrastructure for existing residents

9.    Increase carbon footprint

 

Appraisal:-

 

All of the above parish councils comments/objects have already been appraised within the original committee report.

 

Healthcare Facilities

1.2      The West Leicestershire CCG requests a contribution of £30,885.06 towards addressing the deficiencies in services in the closest surgery in Stoke Golding (Castle Mead Medical Centre). The practices are already experiencing capacity issues in relation to their premises and would need to make improvements to enable them to register new patients’ resultant of this development. An increase of 148 patients from the proposal would significantly impact on patient demand in the area.

 

The provision of a Health Care contribution is required for compliance with Policy DM3 of the adopted SADMP. The requirement of funding for Health Care Provision at identified local GP Surgeries, addresses the impacts of the development on existing and future need of this vital infrastructure provision, helping to meet the overarching social objectives contained within the NPPF in achieving sustainable development, thus making the obligation necessary. The identified increase in patients would have a direct impact on the GP practises in Stoke Golding, as set out in the request, arising from the additional demand on services directly related to the population generated from the development. The extent of the Health Care contribution is directly related in scale and kind to the development, the obligation is calculated using population projections applied to all developments of this typology.

 

1.3      The obligation sets out current capacity or otherwise of local services and how this proposal leads to direct impact, the developer is not obligated to provide contributions to address need in excess of that generated directly from the development, therefore  the contribution fairly relates in scale and kinds to the development proposed.

 

Recommendation:-

 

Grant planning permission subject to:

 

·      The completion within 6 months of this resolution a S106 agreement to secure the following obligations:

·      Affordable housing at 40% with a split of 75% as social/affordable rented and 25% as intermediate tenure (shared ownership)

·      Location connection requirement for the affordable housing for rent and cascade mechanism

·      Maximum of 100 square metres of shop floorspace (Use Class Ea)  ...  view the full agenda text for item 283.

Minutes:

Application for residential development for up to 61 dwellings, including a shop, open space, new access and associated works.

 

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Allen and seconded by Councillor Boothby that permission be refused due to the proposal being outside of the settlement boundary and therefore contrary to policy DM4 of the Site Allocations and Development Management Policies development plan document (2016). Upon being put to the vote, the motion was LOST.

 

Councillor Cartwright requested that, if members were minded to grant permission, the S106 agreement should include a requirement to market the shop for a period of 24 months. It was subsequently moved by Councillor Lynch, seconded by Councillor Cartwright and

 

RESOLVED

 

(i)            Permission be granted subject to:

 

(a)  The completion within 6 months of this resolution a S106 agreement to secure the following obligations:

 

·      Affordable housing at 40% with a split of 75% as social/affordable rented and 25% as intermediate tenure (shared ownership)

·      Location connection requirement for the affordable housing for rent and cascade mechanism

·      Maximum of 100 square metres of shop floorspace (Use Class Ea)

·      Marketing Strategy for the shop (Use Class Ea)

·      On-site open space requirement of 1,330sqm informal/casual play space and a 20 year maintenance cost (minimum of £14,364.00)

·      Off-site equipped open space contribution of £39,951.83 towards HIG04 and a 10 year maintenance cost (minimum of £19,280.88)

·      Off-site outdoor sports provision contribution of £21,198.72 towards site HIG04 and 10 year maintenance of £10,072.32

·      On-site accessibility natural green space requirement of 2,440sqm  along with a 20 year maintenance cost (minimum of £34,648.00)

·      Civic Amenity contribution of £3,021 towards Barwell Household Waste Recycling Centre

·      Library services contribution of £1,850.00 towards provision of additional resources at Hinckley Library, Lancaster Road, Hinckley

·      Education contribution of £556,918.51 to be used to accommodate the capacity issues created by the proposed development by improving, remodelling or enhancing existing facilities at Higham-on-the-Hill Church of England Primary School (£335,914.80), Redmoor Academy (£182,156.44) and Hinckley Academy and John Cleveland Sixth From Centre (£38,847.27)

·      NHS Health care contribution (£30,885.06)

·      Travel Packs (1 per dwelling)

·      6 month travel passes (2 per dwelling)

·      Raised kerb provision at the nearest two bus stops (ID's 2032 & 2035) at a cost of £3,500.00 per stop (total of £7,000.00).

 

(b)  Planning conditions outlined in the officer’s report

 

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

 

(iii)         The Planning Manager be granted delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods based on the terms agreed by the planning committee.

284.

21/00699/FUL - Congregational Church, 114 Main Street, Markfield pdf icon PDF 316 KB

Application for change of use of church to one dwelling with two bedrooms and elevational changes to the building

Minutes:

Application for change of use of church to one dwelling with two bedrooms and elevational changes to the building.

 

Whilst generally in support of the proposal, Cllr Furlong proposed that condition 8 be amended to require the screening along the rear boundary yard wall to be appropriate in order to maintain the privacy of the neighbouring property rather than simply requiring the erection of a trellis and a minimum of 50cm above the wall. The motion was seconded by Councillor Cartwright and it was subsequently

 

RESOLVED –

 

(i)            Permission be granted subject to the conditions contained in the officer’s report with condition 8 amended as outlined above;

 

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

285.

21/01189/FUL - Land at rear of 8 Wykin Road, Hinckley pdf icon PDF 227 KB

Application for two dwellings

 

Late items received after preparation of the main agenda:

 

Consultations:-

 

The Council is in receipt of four further letters of objection following the publication of the Committee agenda making the following points:

 

1)    The distance from the front of the proposed dwellings and the rear of the neighbouring bungalow is only 15.6 metres, which is less than the minimum recommended separation distance of 21 metres set out in the Good Design Guide SPD

2)    The rear garden sizes appear to be well below the 60sq metres required for a two bedroom dwelling as set out in the Good Design Guide SPD

3)    The proposal is in excess of what the garden of number 8 Wykin Road can handle, a more suitable design should be put forward with one fewer dwellings and some visual screening

 

Appraisal:-

 

The minimum measured separation distance between the front of the proposed dwellings and the rear of the neighbouring property at number 10 Wykin Road would be 16.5 metres. This is less than the minimum recommended 21 metres separation distance set out in the Good Design Guide SPD, however that distance is for principal windows that directly face each other. The windows to the neighbouring property at number 10 Wykin Road do not directly face the proposal.

 

The rear garden sizes are 60sq metres, this is the minimum amount required for two bedroom dwellings as set out in the Good Design Guide SPD. The garden sizes are therefore in compliance with policy.

 

Recommendation:-

 

The recommendation remains unchanged from that set out in the main agenda.

Minutes:

Application for two dwellings.

 

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Lynch and seconded by Councillor Cartwright that the application be deferred to enable discussion with the applicant to explore the possibility of reducing the application to one dwelling which would preferably be a bungalow, and reducing its scale and mass. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – the application be deferred for discussion with the applicant.

286.

21/00787/OUT - Land north east of Ashby Road, Markfield pdf icon PDF 344 KB

Application for residential development of up to 93 dwellings, public open space, landscaping and SuDS (outline-access only) (cross boundary application with Charnwood BC).

 

This item has been deferred to the following meeting.

Minutes:

It was reported that this application had been deferred.