Agenda and minutes

Apologies for absence were submitted on behalf of Councillor Cope and Hollick with the following substitutions authorised in accordance with council procedure rule 10:

Councillor Bools for Councillor Cope

Councillor Hodgkins for Councillor Hollick.

To confirm the minutes of the meeting held on 24 September 2024.

It was moved by Councillor C Gibbens, seconded by Councillor Bray and

RESOLVED – the minutes of the meeting held on 24 September be confirmed as a correct record.

Councillor Cook declared a non-registrable interest in application 24/00627/CONDIT as the applicant was a former colleague and undertook to leave the meeting during consideration of the item.

Councillor C Gibbens stated she had attended Witherley Parish Council when application 24/00627/CONDIT had been discussed but had not participated in the discussion or vote.

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

Members were updated on decisions delegated at the previous meeting.

Outline application for the erection of up to 33 dwellings including affordable housing, public open space, landscape planning, sustainable drainage system and new access arrangements from the unnamed road.

Late items received after preparation of agenda:

Recommendation:-

On 15 November 2024, the Applicant agreed to the following additional planning condition:

“Any forthcoming Reserved Matters application shall include details of external lighting across the site (including on any non-adopted highways and footpaths). This information shall include a layout plan with beam orientation, a schedule of equipment proposed in the design (luminaire type, mounting height, aiming angles and luminaire profiles), and details of its maintenance and operation. The external lighting shall then be installed, maintained, and operated in accordance with the approved details prior to the first occupation of the development.

Reason: To ensure a satisfactory form of development and to create places that are safe, inclusive, and accessible, which promote health and well-being, and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience in accordance with Policies DM1 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016) and Paragraph 135 of the National Planning Policy Framework (December 2023).”

Outline application for the erection of up to 33 dwellings including affordable housing, public open space, landscape planting, sustainable drainage system and new access arrangements from the unnamed road.

The agent spoke on this application.

A member expressed concern that the proposed development would be visible from a gateway into the town. It was moved by Councillor R Allen and seconded by Councillor C Allen that the item be deferred for a site visit to enable members to consider whether there would be visual harm as a result of the development. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred for a site visit.

Application for single storey side and rear extension.

Application for single storey side and rear extension.

The ward councillor spoke on this item.

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

RESOLVED –

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

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

Application for removal of condition 3 attached to planning permission 23/00239/FUL.

Late items received after preparation of agenda:

Consultations:-

Witherley Parish Council:

Since the publication of the report the following comments have been received from Witherley Parish Council;

“1. Traffic travelling through the village at all hours of the night with noise and headlamp pollution

-         Most people using cars for family purposes will travel to/from the storage facilities during weekday daytimes/evenings and daylight hours at weekends.

-         Most night time traffic is likely to be commercial - vans and light trucks (under

7.5t) - with higher levels of noise and with headlamp pollution than car traffic.

-         The premises would become a 24/7 'distribution hub' functionally, not a mere

storage centre.

2. The above situation would become exacerbated once the current owner builds five houses for which planning permission is already granted at Rookery Farm, with boundary on to the Extra Storage facility ie the future residents will be affected in addition to all those currently affected, and for which the condition was imposed.
3. The same business owns a storage facility at the Redgate junction on the A5 which is removed from the residential area and for which extension has been applied. This would be a far more suitable location for 24/7 day operation.
4. Condition 3 current restrictions overlap with local bat population feeding times in that area. Bat Conservation Trust provides guidance that feeding areas – not just roosts - should be protected from lighting and disruptive activities. 24/7 operation, and with visiting vehicles described as above, would generate such adverse effect.
5. Very importantly, the reasons for which the original conditions were imposed have not changed; point 2 suggests that retaining condition 3 is more needed than ever when considering quality of life and number of affected residents adjacent to Extra Storage property.”

Application for removal of condition 3 attached to planning permission 23/00239/FUL.

Having declared a non-registrable interest in this item, Councillor Cook left the meeting at 7.04pm.

An objector, the agent 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;

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

Councillor Cook returned to the meeting at 7.22pm.

Application for conversion of existing garage into a separate dwelling and alterations (resubmission of 23/00666/FUL).

Late items received after preparation of agenda:

Introduction:-

Since the publication of the report it has been noted that the Site Location Plan included within the report was incorrect, therefore please see the correct Site Location Plan below:

Application for conversion of existing garage into separate dwelling and alterations (resubmission of 23/00666/FUL).

Councillor W Crooks left the meeting at 7.24pm.

Notwithstanding the officer’s recommendation that permission be granted, members felt that the proposed use would be detrimental to the visual amenity. It was moved by Councillor Lynch and seconded by Councillor Bray that permission be refused for this reason. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused due to the proposed development being detrimental to visual amenity.

Application for demolition of the existing Mulberry Farm buildings, retention of Mulberry Farmhouse and proposed erection of 25 residential units with associated parking facilities, amenity space, landscaping, village green pond and paddock.

Late items received after preparation of agenda:

Introduction:-

As requested by members, please find a revised site layout plan below which shows the lighting provision on site.

Consultations:-

LCC Planning Obligations Team:

Since the publication of the report the following revised comments have been received from the Planning Obligations Team at LCC.  They are no longer objecting and accept the lower amount being offered by the applicant.

“Leicestershire County Council Consultation Response – Planning Obligations

Proposal Demolition of the existing Mulberry Farm buildings and proposed erection of 25no. residential units with associated parking facilities, amenity space, landscaping, village green, pond and paddock

At

Location Mulberry Farm, High Street, Stoke Golding, Nuneaton, Leicestershire (Revised response)

Please note these figures represent the revised contribution requests as agreed, following a viability challenge submitted by the applicant.

Please refer to the previous response dated 01.08.2023 for a full breakdown of the original requests.

Please Note

•           An assessment of highways and transport issues will be carried out as part of the planning application. The Local Highway Authority will provide comments separately to this response and will set out any requirements for planning conditions or obligations to mitigate the impact of the development, in accordance with paragraph 55 of the NPPF.

•           In the event that the requested developer contributions are not supported by the local planning authority or in circumstances where the applicant is disputing the requests that have been made, please inform the LCC case officer as a matter of urgency.

•           To ensure that the contributions requested are not devalued because of rising construction costs (e.g. materials or labour), we request that where appropriate, the point at which indexation applies will be calculated from the date any subsequent legal agreement is completed.

However, for contributions relating to Education (including primary, secondary, early years and special education), indexation will be calculated at the date of the latest costs review (1 July 2021).

Early Years Education will be indexed at the latest cost multiplier review, which was 1 June 2023.

Where a costs review is carried out after a consultation response has been provided, but before planning permission is granted, indexation will apply from the date of the latest costs review.

Background

This response has been prepared on behalf of Leicestershire County Council. It sets out all requirements except those from the Local Highway Authority, which will be provided separately.

The response has regard to the National Planning Policy Framework (NPPF) 2023. This includes the requirement that development can be made acceptable through the use of  ...  view the full agenda text for item 271.

Application for demolition of the existing Mulberry Farm buildings, retention of Mulberry Farmhouse and proposed erection of 25 residential units with associated parking, facilities, amenity space, landscaping, village green, pond and paddock.

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

RESOLVED –

(i)            Permission be granted subject to:

a.    A section 106 agreement including a financial contribution of £89,750.00 towards the total requested section 106 obligations as set out within the report;

b.    Planning conditions contained in the officer’s report.

(ii)          The Head of Planning be granted delegated authority to determine the final detail of the S106 agreement.

To report on progress relating to various appeals.

Members were updated on progress in relation to appeals.