Agenda item

Application for a residential development for 81 dwellings with provision of access, open space and associated infrastructure.

Late item received after publication of agenda:

Since publication of the report, an updated response from LCC Highways has been received. This is set out below:

“Background

The local Highway Authority (LHA) previously advised within its formal observations dated 2nd May 2024 that additional information was required in respect of the proposals. It was stated that the access arrangements shown on Persimmon drawing number PL-EXT_ES_SRP Rev N (access through the wider SUE as opposed to Thurlaston Lane) would resolve reason for refusals 1 and 2 advised within the highways observations dated 2nd November 2023. No additional supporting information had been provided in respect of reason for refusal 3 (relating to the works on Thurlaston Lane/ site access) and the LHA advised that if access was taken solely through the SUE, that reason for refusal could also be removed.

The LHA has subsequently been engaged in ongoing discussions with both the Local Planning Authority and the Applicant in respect of the proposals. It is also noted that Earl Shilton Sustainable Urban Extension (SUE) has now been granted outline planning permission with main access from Clickers Way (A47) and that the Applicant could access the proposed development via this route and in accordance with the Local Plan policy.

The LHA has undertaken a review of the highway boundary extents along Thurlaston Lane up to King Richards Hill and obtained an AutoCAD version of Banners Gate drawing number P/1652/11 Rev. B, which details the site access, carriageway widening and proposed footway alongside Thurlaston Lane from the Applicant. The LHA is concerned that whilst the preliminary design proposals are shown within the extents of the available public highway, these do not consider the wider impacts of the proposals and their deliverability at the detailed design/ S278 stage. These concerns can be summarised as follows:

·                The LHA believes the highway boundary extents to be to the centreline of the existing hedgerows either side of the carriageway. The proposals are likely to result in considerable works in very close proximity to the centre of the hedgerows and require substantial removal of hedgerow/ roots to the north of Thurlaston Lane in particular. Carriageway construction works require at least an additional 0.45m excavation beyond the edge of the carriageway and for footway works, at least 0.1m beyond the edge of the footway. This is very likely to result in the loss of the existing third party hedgerow.

·                The proposals are likely to require the removal of non-highway third party trees to the north of Thurlaston Lane in order to accommodate the carriageway realignment.

·                The proposed footway is likely to create a long term maintenance issue alongside the hedgerow to Marlpit Farm. The proposed footway width here is 1.8m (below the 2.0m width required within the Leicestershire Highway Design Guide) and this could be reduced further should the hedge not be removed/ survive construction. This could result in pedestrians having to walk within the carriageway to pass each other or avoid the hedge.

·                The realignment of the carriageway is likely to reduce vehicular visibility out of the existing pumping station access to the north of Thurlaston Lane in comparison to what could be achieved at present. The western visibility splay appears to be only 0.4m from the centre of the existing hedge, which the LHA believes would require substantial hedgerow removal to achieve. Furthermore, notwithstanding an existing situation the LHA would expect that the proposed highway works should be designed to comply with the adopted design standards to ensure safe and suitable access can be achieved.

Without confirmation from neighbouring landowners that they would have no objection to the removal of their hedgerow or trees, the LHA believe that to condition the proposed access and highway works on Thurlaston Lane may be ultra vires.

Notwithstanding the above, the LHA advise it is satisfied that safe and suitable access could be achieved to the site via the wider SUE and it is understood the Applicant has been liaising with third party developers to achieve the site access shown on Persimmon drawing number PL-EXT_ES_SRP – Rev N. The LHA would support this approach and access arrangements.

Notwithstanding the above and in relation to the development layout proposed, it should be noted that appropriate barriers or landscaping would need to be in place to prevent vehicular access from the northern turning head onto Thurlaston Lane. In addition, the turning head to the south would be redundant and not required, therefore the private drive serving Plots 19-26 could be extended to the edge of the carriageway with a vehicle crossover arrangement. This could be dealt with at the S38 stage and would not affect dwelling locations.

As advised within the 2nd May 2024 observations, the Applicant has not provided any additional supporting evidence in terms of the wider impact of the proposed development. Nevertheless, the LHA are aware that application references 21/01511/OUT and 23/00330/OUT for the wider SUE have assessed 1,600 dwellings whilst only 1,500 dwellings are proposed. In this respect, the wider impact of the proposed 81 dwellings as part of this application have been assessed as part of the wider SUE applications. As such, the LHA will adopt a similar and proportionate approach to conditions and contributions as per the wider SUE. This would however require access to be taken via the SUE only, and not Thurlaston Lane. The LPA has advised that 20/01225/FUL is to be taken to a July planning committee and the LPA has requested final advice including relevant conditions and obligations be provided should the LPA be minded to approve the application. The LHA has therefore included these below without prejudice and on the basis that safe and suitable access can be delivered to the development through the wider Earl Shilton SUE allocation in line with the Local Plan policy.

Conditions

1. No development shall commence on the site until such time as a construction traffic management plan, including as a minimum wheel cleansing facilities, vehicle parking facilities, and 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 deleterious material (mud, stones etc.) being deposited in the highway and becoming a hazard for road users, and lead to on-street parking problems in the area.

2. No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on Persimmon drawing number PL-EXT_ES_SRP – Rev N 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 (December 2023).

3. 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 thereafter shall be so maintained. REASON: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users in accordance with the National Planning Policy Framework (December 2023).

4. The Travel Plan shall be carried out in accordance with the details contained within reference FW1670_TP_001 V3 (Revision V3, March 2021). A Travel Plan Co-ordinator shall be appointed from commencement of development until 5 years after first occupation. The Travel Plan Co-ordinator shall be responsible for the implementation of measures as well as monitoring and implementation of remedial measures. REASON: To reduce the need to travel by single occupancy vehicle and to promote the use of sustainable modes of transport in accordance with the National Planning Policy Framework (December 2023).

5. The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with Persimmon drawing number PL-EXT_ES_SRP – Rev N. 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 (December 2023).

6. Any dwellings that are served by private access drives (and any turning spaces) shall not be occupied until such time as the private access drive that serves those dwellings has been provided in accordance with Figure DG17 of the Leicestershire Highway Design Guide. The private access drives should be 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 (December 2023).

7. The development hereby permitted shall not be occupied until such time as 1 metre by 1 metre pedestrian visibility splays have been provided on both sides of the private driveways or shared private drive serving each plot. Nothing within these splays shall be higher than 0.6 metres above the level of the back of the footway/verge/highway and, once provided, these splays shall be so maintained in perpetuity. Reason: In the interests of pedestrian safety and in accordance with the National Planning Policy Framework (December 2023).

8. No development shall be occupied until such time as a scheme consisting of a footway/cycleway on the A47 between the Leicester Road/Clickers Way roundabout and the junction of Desford Crossroads has been submitted to and approved in writing by the Local Planning Authority. Once approved, the scheme shall be delivered and available for use prior to occupation of the 50th dwelling. REASON: To mitigate the impact of the development, in the general interests of highway safety and in accordance with the National Planning Policy Framework (December 2023).

9. 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 gates, barriers, bollards, chains or other such obstructions shall be erected to the vehicular access. 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 (December 2023).

10. Prior to the occupation of any part of the development hereby permitted, a Public Transport Strategy shall be submitted, agreed and implemented in full to provide a bus service to serve the development. The bus services shall operate between the hours of 7am and 7pm, seven days a week including bank holidays. Any new bus stop infrastructure shall be to a specification first agreed in writing by the Local Planning Authority and likely include bus stop flags, shelters, raised kerbs, lighting, timetable and real time information. REASON: To reduce the need to travel by single occupancy vehicle and to promote the use of sustainable modes of transport in accordance with the National Planning Policy Framework (2023).

Contributions

Please note that the exact monetary values will need to be agreed prior to the signing of the Section 106 agreement and may be subject to indexation.

To comply with Government guidance in the National Planning Policy Framework (NPPF 2023) and Leicestershire County Council Planning Obligations Policy the following contributions would be required in the interests of encouraging sustainable travel to and from the site, achieving modal shift targets and mitigating the impacts of the development:

1. A contribution of £2,218.06 per dwelling towards improvements to the A47 / B582 Desford Road (Desford Crossroads) junction as considered appropriate by Hinckley and Bosworth Borough Council in consultation with Leicestershire County Council.

Justification: To mitigate against the impact of the development in line with the submitted transport evidence.

Suggested trigger point: Prior to letting of the contract for construction of the Desford Crossroads highway scheme.

2. Travel Packs, one per dwelling; to inform new residents from first occupation what sustainable travel choices are in the surrounding area (can be supplied by LCC at £52.85 per pack). If not supplied by LCC, a sample Travel Pack shall be submitted to and approved in writing by LCC which will involve an administration charge of £500. Reason: To inform new residents from first occupation what sustainable travel choices are available in the surrounding area. Suggested trigger point: Prior to the occupation of the first dwelling.

3. Six month bus passes, two per dwelling (two application forms to be included in Travel Packs and funded by the developer); to encourage new residents to use bus services, to establish changes in travel behaviour from first occupation and promote usage of sustainable travel modes other than the car (can be supplied through LCC at a cost of approximately £490 per pass). Reason: To encourage new residents to use bus services as an alternative to the private car to establish changes in travel behaviour from first occupation. Suggested trigger point: Payment of 25% of total obligated contribution paid prior to the occupation of the first dwelling. Remaining 75% of total obligated contribution paid prior to occupation of 25% of total dwellings, except payment may be deferred by agreement with the County Council.

4. A contribution of £6,000 for the monitoring of the Site Wide Travel Plan and the effects of the development using the County Council’s monitoring programme. STARS for (Sustainable Travel Accreditation and Recognition Scheme). Reason: To enable Leicestershire County Council to provide support to the appointed Travel Plan Co-ordinator, audit annual Travel Plan performance reports to ensure that Travel Plan outcomes are being achieved, and to take responsibility for any necessitated planning enforcement. Suggested trigger point: Prior to the occupation of the first dwelling.”

Affordable housing mix

The report to Planning Committee does not reflect the agreed mix of affordable housing units.

Affordable housing will be at 20% provision, for 16 units. Of these 16 units, 50% will be for rent split between 2 and 3 bedroom properties. 25% will be shared ownership, split between 2 and 3 bedroom properties and 25% will be first homes, all 3 bedroom properties.

Application for residential development for up to 81 dwellings with provision of access, open space and infrastructure.

The agent and two ward councillors spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, concern was expressed in relation to highway safety and landscaping. It was moved by Councillor Bools and seconded by Councillor O’Shea that the application be deferred to seek further information on landscaping and on deliverability of the temporary access and footpath and how long it would be in place. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred for further information on the temporary access and landscaping.

Having stated he had made public objections to the following application, Councillor Bools absented himself from the committee at 7.10pm and took a seat at the ward councillor’s table.