Agenda item

Town & Country Planning Act 1990 - applications to be determined

Schedule of planning applications attached.

Minutes:

(a)        12/00692/FUL – Change of use from residential curtilage to a veterinary centre, associated parking and relocation of the access drive, 1 Elm Tree Drive, Burbage – Mrs Lisa Bradley

 

Notwithstanding the officer’s recommendation that the application be permitted, it was moved by Councillor Lynch and seconded by Councillor Batty that the application be refused on the grounds of detrimental impact on neighbouring amenity, incompatible use in a residential area detracting from the character and appearance of the area and adverse impact upon highway safety.

 

The Head of Planning requested that voting on the application be recorded.

 

The vote was taken as follows:

 

Councillors Bannister, Batty, Chastney, Crooks, Hall, Hodgkins, Hulbert, Lynch, Mayne, Moore, O’Shea, Taylor and Witherford voted FOR the motion (13);

 

Councillors Allen, Sutton and Ward voted AGAINST the motion (3).

 

The motion was therefore declared CARRIED and it was

 

RESOLVED – The application be refused for the abovementioned reasons.

 

(b)        12/00543/FUL – Partial demolition of existing building to form a refurbished office and dwelling and the erection of one new dwelling, 128 Main Street, Markfield – Mr Sean Lyall

 

On the motion of Councillor Bannister, seconded by Councillor Allen, it was

 

RESOLVED – subject to an Agreement under Section 106 of the Town and Country Planning Act 1990 and Section 111 of the Local Government Act 1972 or receipt of an acceptable Unilateral Undertaking under Section 106 of the Town and Country Planning Act 1990 to provide financial contributions towards play and open space and subject to no new significant material objections being received prior to the expiry of the consultation period on 24 October 2012 the Head of Planning be granted delegated powers to grant planning permission subject to the conditions contained in the officer’s report.

 

(c)        12/00544/CON – Partial demolition of existing buildings to form a refurbished office and dwelling and the erection of one new dwelling, 128 Main Street, Markfield – Mr Sean Lyall

 

On the motion of Councillor Bannister, seconded by Councillor Crooks, it was

 

RESOLVED – the Head of Planning be granted powers to issue conservation area consent subject to no new significant material objections being received prior to the expiry of the consultation period on 24 October 2012 and the conditions contained in the officer’s report.

 

(d)        12/00379/OUT – Demolition of existing building and erection of 34 dwellings (outline), Warwick Building, Rossendale Road, Earl Shilton – Kirkby Homes

 

On the motion of Councillor Taylor, seconded by Councillor Bannister, it was

 

RESOLVED – subject to the execution of an Agreement under Section 106 of the Town and Country Planning Act 1990 and Section 111 of the Local Government Act 1972 towards the provision of affordable housing, the provision and maintenance of open space facilities and contributions towards education, travel packs and bus passes and health care, the Head of Planning be granted powers to issue full planning permission subject to the conditions contained in the officer’s report.

 

(e)        12/00669/FUL – Change of use of land for the provision of four additional gypsy and traveller pitches including alterations to vehicular access (part retrospective), Whitegate Stables Caravan Park, Copt Oak Road, Copt Oak – Mrs Sue Smith

 

Notwithstanding the officer’s recommendation that the application be approved, Members felt that the site was suitable and that having visited the site, the access was not a problem. Concern was also expressed that the site was a ‘tolerated’ site, not a formally allocated site and it was felt that its use should be regularised.

 

It was moved by Councillor O’Shea, seconded by Councillor Bannister and

 

RESOLVED

 

(i)         the application be approved subject to conditions as access from the road was not considered to be a problem and no accidents had been recorded on that particular part of the road;

 

(ii)        discussions be held with regard to regularising the use of the existing site.

 

(f)         12/00697/REM – Approval of reserved matters for the erection of 212 dwellings with associated roads, open space and landscaping, land bounded by the Ashby Canal, railway line and Bridge Road, incorporating the former Johnson’s Apparelmaster Ltd, Rugby Road, Burbage – Mr Simon McDonald

 

On the motion of Councillor O’Shea, seconded by Councillor Sutton, it was

 

RESOLVED – subject to the execution of an Agreement under Section 106 of the Town and Country Planning Act 1990 and Section 111 of the Local Government Act 1972 for the maintenance of the public open space facilities, and the resolution of the outstanding issues in respect of noise and vibration, the Head of Planning be granted delegated powers to issue full planning permission, subject to the conditions contained in the officer’s report and late items. Failure to do so might result in the application being refused.

 

(g)        12/00698/REM – Approval of reserved matters application for the erection of 133 dwellings with associated roads and landscaping, Land bounded by the Ashby Canal, Railway Line and Bridge Road, incorporating the former Johnson’s Apparelmaster Ltd, Rugby Road, Burbage – Mr Simon McDonald

 

It was moved by Councillor Taylor, seconded by Councillor Crooks and

 

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

 

(h)        12/00761/COU – Change of use of land and building for dog training and dog shows, Upper Grange Farm, Ratby Lane, Markfield – Patrick Godden

 

Notwithstanding the officer’s recommendation that the application be refused, some Members felt that this type of rural business should be encouraged and that there was no proof that noise levels would be significant. It was moved by Councillor O’Shea and seconded by Councillor Witherford that the application be approved.

 

Following further discussion an amendment was moved by Councillor O’Shea with the support of Councillor Witherford as seconder that the application be permitted with a condition that dog shows be held on no more than 20 days per year and that a record of this be maintained and supplied to the authority upon request. Upon being put to the vote, the motion as amended was CARRIED and it was

 

RESOLVED – the application be permitted subject to the abovementioned condition and conditions to be agreed by the Head of Planning.

 

(i)         12/00762/CONDIT – Variation of condition 4 of planning permission 09/00770/COU to amend the hours of operation, Upper Grange Farm, Ratby Lane, Markfield – Patrick Godden

 

On the motion of Councillor Lynch, seconded by Councillor Chastney, it was

 

RESOLVED – the application be refused for the reason contained in the officer’s report.

 

(j)         12/00535/FUL – Installation of an air conditioning unit (retrospective), 6 Clarendon Road, Hinckley – Mrs Stephanie Alexander & Mrs Gillian Evans

 

Whilst generally in support of the application, some Members felt that a noise attenuation scheme should be agreed by way of a cover around the air conditioning unit to absorb some of the sound. It was moved by Councillor Witherford, seconded by Councillor Moore and

 

RESOLVED – the application be permitted subject to agreement of a noise attenuation scheme and the conditions contained in the officer’s report.

 

(k)        12/00789/HOU – Extension and alterations to dwelling, 37 The Fairway, Burbage – Mr S McGrady

 

During discussion Members asked questions regarding the ownership of the fence and expressed concern regarding its height, they were also concerned about the height of the converted garage, proximity to the boundary, and the boiler flue directly in front of the neighbour’s window.

 

Notwithstanding the officer’s recommendation that the application be permitted, some Members felt that the proposal had an overbearing impact on neighbours. It was moved by Councillor Hall and seconded by Councillor Lynch that the application be refused due to the overbearing impact and therefore contrary to policy BE1. The Head of Planning requested that voting on this motion be recorded. The vote was taken as follows:

 

Councillors Allen, Bannister, Chastney, Crooks, Hall, Hodgkins, Hulbert, Lynch, Mayne, Moore, O’Shea, Sutton, Taylor, Ward and Witherford voted FOR the motion (15);

 

Councillor Batty abstained from voting.

 

The motion was therefore declared CARRIED.

 

RESOLVED – the application be refused on the grounds that it is contrary to policy BE1 as having an overbearing impact.

 

(k)        12/00742/FUL – Part change of use to childcare nursery including retention of sensory cabin for nursery (retrospective), 15 Sunnyside, Hinckley – Mrs Jackie Millerchip

 

On the motion of Councillor Taylor, seconded by Councillor Moore, it was

 

RESOLVED – the application be permitted subject to the conditions contained in the officer’s report.

 

Having reached 9.30pm it was moved by Councillor Mayne, seconded by Councillor Crooks and

 

RESOLVED – the meeting be allowed to continue to completion of all business in accordance with Council Procedure Rule 9.

 

At this juncture, the meeting adjourned for five minutes and reconvened at 9.35pm.

 

Councillors Hulbert and Ward were absent for the remainder of the meeting.

 

(l)         12/00723/FUL – Erection of 8 dwellings (part amended scheme) of previously approved development 08/00349/FUL erection of 145 dwellings and construction of roads and sewers with associated parking, Land opposite superstore, Stoke Road, Hinckley – Clare Guest

 

On the motion of Councillor Allen, seconded by Councillor Batty, it was

 

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

 

(m)      12/00667/FUL – Replacement agricultural building, Pinwall Hall Farm, Sheepy Road, Pinwall – Mrs H Woodward

 

On the motion of Councillor O’Shea, seconded by Councillor Moore, it was

 

RESOLVED – the application be permitted subject to the conditions contained in the officer’s report.

 

(n)        12/00635/HOU – Formation of a vehicular access, 178 Hinckley Road, Earl Shilton – Mr David McDonald

 

On the motion of Councillor Moore, seconded by Councillor Crooks, it was

 

RESOLVED – the application be permitted subject to the conditions contained in the officer’s report.

Supporting documents: