Agenda item

21/00130/FUL - The Acorns, 236 Ashby Road

Application for erection of two dwellings.

 

Late items received after preparation of agenda:

 

Consultations:-

A full formal response from Leicestershire County Council (Highways) has been received since the publication of the agenda. This response raises no objections subject to 6 conditions, including provision of visibility splays, access in accordance with plans, removal of Permitted Development for access gates, barriers, bollards, provision of parking and turning to be implemented prior to occupation, hard surfacing of access drive 5 metres behind the highways boundary and drainage details to be submitted to avoid surface water draining onto the public highway, and a number of informatives.

In addition, a condition relating to a construction management plan in respect of construction vehicle parking, unloading and storage of materials is proposed to ensure the disruption to the local highway network is minimised.

Appraisal:-

The comments from LCC Highways do not alter the assessment outlined in the agenda and there are no highway safety concerns with the proposed development. However, the conditions requested are considered reasonable and necessary to make the application acceptable in highway safety terms, with the exception of the suggested drainage condition which is already covered by recommended condition 7, in accordance with Policy DM10 of the Site Allocations and Development Management DPD.

Recommendation:-

The recommendation of approval remains; however the following conditions are also recommended in addition to those outlined within the original agenda:

13.         No part of the development hereby permitted shall be occupied until such time as vehicular visibility splays of 2.4 metres by 73 metres and pedestrian visibility splays of 1 x 1 metres have been provided at the site access. These shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway.

Reason: To afford adequate visibility at the access to cater for the expected volume of traffic joining the existing highway network, in the interests of general highway safety, and in accordance with the National Planning Policy Framework (2019).

14.         No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on Vagdia & Holmes drawing number 1822 - SP - 007 Rev B have been implemented in full.

Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework (2019).

15.         Notwithstanding the provisions of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) no vehicular access gates, barriers, bollards, chains or other such obstructions shall be erected within a distance of 5 metres of the highway boundary, nor shall any be erected within a distance of 5 metres of the highway boundary unless hung to open away from the highway.

Reason: To enable a vehicle to stand clear of the highway in order to protect the free and safe passage of traffic including pedestrians in the public highway in accordance with the National Planning Policy Framework (2019).

16.         The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with Vagdia & Holmes drawing number 1822 - SP - 004 Rev A. Thereafter the onsite parking provision shall be so maintained in perpetuity.

Reason: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally (and to enable vehicles to enter and leave the site in a forward direction) in the interests of highway safety and in accordance with the National Planning Policy Framework (2019).

17.         The development hereby permitted shall not be occupied until such time as the access drive (and any turning space) has been surfaced with tarmacadam, or similar hard bound material (not loose aggregate) for a distance of at least 5 metres behind the highway boundary and, once provided, shall be so maintained in perpetuity.

Reason: To reduce the possibility of deleterious material being deposited in the highway (loose stones etc.) in the interests of highway safety and in accordance with the National Planning Policy Framework (2019).

18.         No development shall commence on the site until such time as a construction traffic management plan for construction vehicle parking and the unloading / storage of materials with a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority.  The construction of the development shall thereafter be carried out in accordance with the approved details and timetable.

Reason: To reduce the possibility of deliveries and construction vehicle parking becoming a hazard for road users and lead to on-street parking problems in the area to accord with Policy DM17 of the adopted Site Allocations and Development Management Policies DPD (2016).

Minutes:

Application for erection of two dwellings.

 

An objector and the agent spoke on this application.

 

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Gibbens and seconded by Councillor Bray that permission be refused due to constituting inappropriate back land development and therefore out of keeping with the character of the area and is contrary to policy DM10 of the Site Allocations and Development Management Policies DPD and the Good Design Guide.

 

Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – permission be refused due to being inappropriate back land development which is out of keeping with the character of the area and contrary to policy DM10 of the Site Allocations and Development Management Policies DPD and the Good Design Guide.

Supporting documents: