Agenda item

Application for demolition of existing outbuildings, refurbishment of a Grade II listed residential property, erection of three dwellings and associated external landscape works.

Late items received after preparation of main agenda:

Consultations:-

1.1.       Following publication of the report the Local Highway Authority has provided comments on the amended plans. The Highway Authority confirms that it has no objections and considers that the impacts of the development on highway safety would not be unacceptable. Specifically it is considered that sufficient space has been afforded to allow vehicles to turn within the site so that the public highway is approached in a forward gear and that the number of parking spaces accords with the Leicestershire Highway Design Guide.

1.2.       The Highway Authority advises that an additional condition requiring pedestrian visibility splays is added. Furthermore, a separate condition, in addition to the existing Condition 10 regarding surface water drainage, as originally requested by the Local Highway Authority, is also added. The Highway Authority also advises that Condition 6 be revised as set out below. Condition 8 is also clarified with regard to the additional space required where parking spaces are adjacent to a physical obstruction.

1.3.       Further representations have been made by both objectors and the applicant’s agent.

Objectors have responded to the published report. Objectors remain concerned regarding the increase in foul sewage that results from three additional dwellings but the agent points out that Severn Trent Water have accepted this increase.

1.4.       Objectors consider that the Council’s Drainage officer and Severn Trent Water have both accepted the proposed drainage scheme based on false information that surface water currently enters the foul sewer. The agent counters that the proposed solution that is set out in the submitted Drainage Statement was based on information that was available at the time and that Severn Trent have assessed the situation on the basis that no surface water goes into their system and have limited the amount of surface water that could discharge into the foul sewer to 1 litre per second. Objectors consider that even this small amount makes the situation worse and point out that Severn Trent have only reluctantly accepted that small amount. The agent considers that taking all drainage issues into account the scheme is a very significant improvement on the present situation.

Recommendation:-

1.5.       From a planning perspective conditions are proposed, as set out in the main report and below, which seek to address detailed drainage matters. It is acknowledged that Sibson has problems with regard to its foul and surface water systems but it is not considered that planning permission should reasonably be refused based on these matters. It is considered though that, given the existing issues, the Parish Council, Severn Trent, the Lead Local Flood Authority and the Environment Agency are consulted with regard to Conditions 10 and 18.

1.6.       For clarity, further to paragraph 2.2 of the main report the reasons for refusal of the earlier scheme for 4 additional dwellings on the site are:

1.         The proposal constitutes overdevelopment and a contrived form of development due to its scale, design and layout and is therefore contrary to Policy DM10 of the Site Allocations and Development Management Policies DPD, Policy S8 of the Sheepy Neighbourhood Plan and Section 12 of the National Planning Policy Framework.

2.         The level of additional traffic would be detrimental to the Sibson Conservation Area contrary to Policies DM10 and DM11 of the Site Allocations and Development Management Policies DPD, Policy S7 of the Sheepy Neighbourhood Plan and Section 16 of the National Planning Policy Framework.

1.7.       Objectors consider that the small reduction in the amount of floorspace proposed is not a true reduction in scale or the amount of development – it indicates that the scheme is contrived. This point is already addressed within the main report and it is noted that previous concerns related principally to car parking, the requirement for which is reduced by the reduction from four to three additional dwellings.

1.8.       Condition 6 is reworded as follows:

6.      No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on AFL Architects drawing number 94102 Revision P06 have been implemented in full. The access once provided shall be so maintained in perpetuity.

1.9.       Condition 8 is reworded as follows:

8.    No dwelling hereby permitted shall be occupied until its associated car parking spaces, each measuring at least 2.4 metres by 5.5 metres with 0.5 metres added if bounded by a wall, fence, hedge, tree or other similar obstruction on one side, and one metre added if bounded on both sides, have been provided and made available for use. Thereafter the on-site parking shall be so maintained in perpetuity.

1.10.    The following additional conditions are proposed:

17.    No part of the development hereby permitted shall be occupied until such time as 1.0 metre by 1.0 metre pedestrian visibility splays have been provided on the highway boundary on both sides of the access with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway and, once provided, shall be so maintained in perpetuity.

Reason: In the interests of pedestrian safety in accordance with Policy DM17 of the Site Allocations and Development Management Policies Development Plan Document and the National Planning Policy Framework (2021).

18.    In addition to the requirements of Condition 10 no part of the development hereby permitted shall be occupied until such time as site drainage details have been provided to and approved in writing by the Local Planning Authority. Thereafter surface water shall not drain into the Public Highway and such details as are approved shall thereafter be so maintained in perpetuity.

Reason: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users in accordance with Policy DM17 of the Site Allocations and Development Management Policies Development Plan Document and the National Planning Policy Framework (2021).approved shall not be brought into use until a biodiversity enhancement scheme has been submitted to and agreed in writing by the Local Planning Authority.

1.11.    The recommendation remains one of approval subject to the conditions outlined in the  main report and as supplemented by those above and that the detail of the final wording of the conditions is delegated to the Head of Planning.

1.12.    No further late items have been received.

Application for demolition of existing outbuildings, refurbishment of a grade II listed residential property, erection of three dwellings and associated external landscape works.

Two objectors, an agent and the ward councillor spoke on this application.

Notwithstanding the officer recommendation that permission be granted, members were concerned about the drainage and flooding issues. It was moved by Councillor Furlong and seconded by Councillor Roberts that permission be refused for these reasons.

Councillor Findlay, seconded by Councillor Cartwright, proposed that the matter be deferred for further consideration, however following discussion the motion was withdrawn.

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

RESOLVED – permission be refused as the proposed development would be contrary to policy DM7 of the Site Allocations and Development Management Policies DPD and policy S6 of the Sheepy Neighbourhood Plan as it fails to sufficiently address flood risk and the management of surface water and would significantly adversely impact upon water quality, ecology and foul and surface water drainage functions and would increase flood risk and pollution.

Councillor Furlong left the meeting at 7.30pm.