Agenda item

Application for residential development of up to 343 dwellings (Class C3), including provision of public open space, associated infrastructure and all matters reserved except access.

Late items received after preparation of main agenda:

Appraisal:-

Amendments to Officer Report reflecting the publication of the amended NPPF (December 2023) with corresponding paragraph amendments, and other matters:

Paragraph 1.1: The Draft S106 assumes that open space would be maintained by Jelson/ part of a Management Company.

Paragraph 6.21: The HBBC Tree Officer commented on 31 October 2023 and raised no objection subject to conditions to secure details of works to trees and tree protection measures. Condition 24 deals with this.

Paragraph 8.6: Paragraph 14 of the NPPF now reads:

“In situations where the presumption (at paragraph 11d) applies to applications involving the provision of housing, the adverse impact of allowing development that conflicts with the neighbourhood plan is likely to significantly and demonstrably outweigh the benefits, provided the following apply:

a) the neighbourhood plan became part of the development plan five years or less before the date on which the decision is made; and

b) the neighbourhood plan contains policies and allocations to meet its identified housing requirement (see paragraphs 67-68).”

Para. 14 does not apply in this case because the proposals accord with the BNP and the BNP does not allocate further development sites.

Paragraph 8.22: Paragraph 79 of the NPPF (report refers to Paragraph 77).

Paragraph 8.23: Paragraph 81 of the NPPF (report refers to Paragraph 77).

Paragraph 8.26: Correction: Significant weight should be given to the provision of the proposed dwellings (report states moderate weight).

Paragraph 8.29: Paragraph 63 of the NPPF (report refers to Paragraph 62).

Paragraph 8.32: Correction: The housing officer has requested 20% of units on the site to be affordable, comprising 50% social or affordable rented, 25% First Homes and 25% intermediate tenure/shared ownership. The greatest need for affordable rented housing in the Borough is for smallerunits ofaccommodation toassist singlepeople orchildless couples,and for small families with or two children.

Paragraph 8.37: Paragraphs 114 and 115 of the NPPF (report refers to Paragraphs 110 and 111).

Paragraph 8.68: Paragraphs 206-208 of the NPPF (report refers to Paragraphs 199-202).

Paragraph 8.81: Paragraph 139 of the NPPF (report refers to Paragraph 134)

Paragraph 8.87: Paragraph 135 of the NPPF (report refers to Paragraph 130).

Paragraph 8.88: Paragraph 191 of the NPPF (report refers to Paragraph 185).

Paragraph 8.97: Paragraphs 173 and 175 of the NPPF (report refers to Paragraphs 167 and 169).

Paragraph 8.102: Update: During the Public Inquiry relating to the preceding application (22/01037/OUT) the Inspector noted that parts of the site fall within flood zone, and that the FRA does not include a sequential test. This was one of the matters that the parties agreed needed to be discussed with the relevant experts present. The LLFA has been asked for further comments, but these are yet to be received. On this basis the LPA considers that the proposal would be acceptable in this regard subject to conditions and matters which can be appropriately addressed atreservedmatersstage.

Paragraph 8.108: Paragraph 211 of the NPPF (report refers to Paragraph 199)

Paragraph 8.111: Paragraph 209 of the NPPF (report refers to Paragraph 203).

Paragraph 8.139: Correction: Section 106 Agreement would be progressed should the application be refused. There is no reason for refusal in this regard.

Application for residential development of up to 343 dwellings (class C3) including provision of public open space, associated infrastructure and all matters reserved except access.

An objector, a supporter and the agent spoke on this application.

It was noted that there was an error on page 93 which listed S106 contributions to Market Bosworth library, which should have read “Burbage library”.

Whilst generally in support of the application, it was requested that the applicant be asked to explore extending the widened footpath south-east of the houses into Aston Flamville. It was moved by Councillor R Allen, seconded by Councillor Sutton and

RESOLVED –

(i)            Permission be granted subject to:

a.    The conditions contained in the officer’s report;

b.    A S106 agreement to secure:

·         Health contribution: £265,619.20

·         Waste – Barwell RHWS: £16,988.79

·         Libraries – Burbage library: £10,357.81

·         Primary education – Burbage Church of England Infant School & Burbage Junior School: £1,119,716.00

·         Secondary education (11-16) – Hastings High School: £750,792.00

·         Post 16 education – The Hinckley School: £218,762.31

·         SEND education – Dorothy Goodman School, Hinckley: £193,618.12

·         20% affordable housing provision – up to 69 homes comprising 75% social or affordable rented and 25% intermediate tenure/shared ownership

·         Travel pack provision of £52.85 per dwelling: £18,127.55 (subject to final dwelling numbers)

·         Six-month bus passes (two per dwelling) supplied by LCC: £415 per pass up to £284,690 (subject to final dwelling numbers and resident applications)

·         Sustainable travel accreditation and recognition scheme (STARS) monitoring fee: £6,000

·         Contribution towards a traffic regulation order for the reduction / relocation of the existing speed limit: £12,995.00

·         Contribution for the purpose of funding the re-validation of the microprocessor optimised vehicle actuation at the Brookside / Burbage Road / Elm Tree Drive junction: £5,000

·         Off-site outdoor sports contribution: £119,199.36

·         Off-site outdoor sports maintenance contribution: £56,636.16

·         On-site equipped children’s play space contribution: £224,647.16

·         On-site equipped children’s play space maintenance contribution: £216,830.88

·         On-site casual / informal play spaces maintenance contribution: £62,233.92

·         On-site natural green space maintenance contribution: £194,824.00

·         S106 legal and monitoring fees.

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

(iii)         The applicant be asked to explore widening of the footpath to the south east of the site to Aston Flamville.