Agenda item

Application for conversion of agricultural buildings into two residential dwellings, refurbishment of farmhouse and erection of four new dwellings with associated access and landscaping.

Late items received after preparation of main agenda

Consultations:-

Two additional letters of objection have been received regarding:

1.    The application would result in development outside the settlement boundary

2.    The application would result in the development of larger units C and D than the existing approval under 13/01095/FUL

3.    The developer/owner has breached the existing conditions on approval 13/01095/FUL

4.    The developer/owner has shown complete disregard for the local neighbours, the Environment Agency, the Health and Safety Executive (“HSE”) and the Council when developing the site

5.    Various errors within the committee report

6.    Development is not in a sustainable location

7.    A decision notice should not be issued before all additional information required is received and assessed

Appraisal:-

All of the above comments/objections have already been appraised within the original committee report. Comments have been raised in terms of errors within the committee report, these have been reviewed.

Infrastructure Contributions - POS

This section adds to paragraphs 8.39-8.44 of the committee report and identifies the contributions required for this site.

Policies 1 and 19 of the adopted Core Strategy seek to address existing deficiencies in the quality, quantity and accessibility of green space and children’s play provision within Hinckley. Policy 1 of the adopted Core Strategy and Policy 11 of the adopted Hinckley Town Centre AAP seek new development to enhance the public realm within Hinckley town centre. The Open Space and Recreational Study (2016) provides further advice on the quality of facilities at each designated public open space. In line with the up to date standards identified in the 2016 study the table below identified the requirements for open space. There would also be a requirement for the maintenance of on-site open space provision for a 20 year period and for the maintenance of off-site open space provision for a 10 year period.

The provision of Play and Open Space is required for compliance with Policies 1 and 19 of the Core Strategy and Policy DM3 of the adopted SADMP. These Policies are consistent with the NPPF in helping to achieve the social objective of sustainable development through promoting healthy and safe communities as addressed in section of 8 of the NPPF. The provision of play and open space helps support communities health, social and cultural well-being and is therefore necessary. The site is within 300 metres of Norton Juxta Twycross Playing Field (NOR03). This site is an amenity green space with equipped provision and outdoor sport provision. Therefore, the site is within the accessibility requirements for all of the above provisions accept Accessible natural green space. Due to it not being accessible to this provision a contribution is not considered to be necessary for this development. Contributions for equipped children’s play space, casual/informal play spaces and outdoor sports provision are considered necessary for a development of this scale within Norton Juxta Twycross. NOR03 has a 58% quality score and therefore is in need of improvement.

The extent of the Open Space and Recreation contribution and provision is directly related in scale and kind to the development and its impacts upon surrounding publicly accessible open spaces. The delivery of these obligations is policy compliant and has been applied fairly as with all development of this typology, the developer is not obligated to provide anything above policy compliant position and therefore the contribution relates in scale and kind.

Recommendation:-

Grant planning permission subject to:

·      Confirmation of acceptance of the scheme to Natural England in terms of nutrient impact on the River Mease SAC

·      Section 106 agreement to secure Play and open space provision contribution of £6,462.36 and management and maintenance contribution of £3,431.52

·      Planning conditions outlined at the end of this report.

That the Planning Manager be given powers to determine the final detail of planning conditions.

That the Planning Manager be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Application for conversion of agricultural buildings into two residential dwellings, refurbishment of farmhouse and erection of four new dwellings with associated access and landscaping.

An agent speaking on behalf of objectors and the ward councillor spoke on this application.

Whilst not relevant in consideration of this application, Members expressed concern about the history of the site including the need to regularise unauthorised development.

It was moved by Councillor Bray and seconded by Councillor Lynch that permission be granted in accordance with the officer’s report and late items with an additional condition in relation to removal of permitted development rights and assurance that the site would be monitored by the enforcement team. A request was made for the redrawing of the settlement boundary in the new local plan.

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

RESOLVED –

(i)            Planning permission be granted subject to:

a.    Confirmation of acceptance of the scheme to Natural England in terms of nutrient impact on the River Mease SAC;

b.    A section 106 agreement to secure a contribution of £6,662.36 towards play and open space provision and a contribution towards management and maintenance of £3,431.52;

c.    The conditions contained in the officer’s report and the abovementioned additional condition in relation to removal of permitted development rights.

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

(iii)         The Planning Manager be granted powers to determine the terms of the S106 agreement including trigger points and clawback periods;

(iv)         The site be monitored by the enforcement team.