Agenda item

Application for erection of a single storey self-build/custom-build dwelling (resubmission of 23/00923).

 

This item was previously deferred at the meeting on 4 June 2024.

 

Late items received after publication of agenda:

 

Sheepy Parish Council

 

On 11 December 2024, further comments in objection to the application from Sheepy Parish Council were received. The Parish Council made the following comments in relation to the application:

“Dear Cllr Crooks (Planning Committee Chair) and Mr Brown (Head of Planning)

 

Sheepy Parish Council is very concerned that it is being denied the opportunity to speak at the forthcoming planning committee meeting on this application (letter of 5 Dec 2024, PA Ref: 24/00322/FUL). The Parish Council considers that significant amendments have been made to the application since originally submitted (Para 2.14, HBBC Planning Committee procedure rules) and should therefore have the opportunity to speak. A further, full consultation has taken place on this application and the design and location (position) of the proposed dwelling is significantly changed following the applicant consulting with Design Midland. On this matter, it appears that Design Midland has not subsequently been consulted on the significantly revised plans. Their engagement should be an iterative process. Further, Design Midland did not follow their own procedure when dealing with this matter, as set out in their Terms of Reference. Sheepy Parish has a made Neighbourhood Plan and accompanying design guide. They have neither referred to these, nor consulted Sheepy Parish Council.

 

The Parish Council also needs to draw to the committee’s attention to the fact that the application (latest re-submission) continues to make false and misleading statements. This is despite these matters being raised previously. This is misrepresentation and brings into question the legality of the application. The proposed dwelling is in Sheepy Parish NOT Market Bosworth Parish. The Sheepy Neighbourhood Development Plan and its policies are the only ones relevant here. The applicant has again ignored this matter. The Sheepy plan (and its policies) has been implemented following a fully consultative and democratic process. The plan therefore reflects the views of the community. Given that Hinckley & Bosworth Borough Council strongly advocate for Neighbourhood Development Plans, Sheepy Parish Council hopes that the committee takes these issues very seriously, as well as the more detailed consultation response it submitted on 26 November 2024.

 

If the Parish Council continues to be denied the opportunity to speak at the committee meeting, it requests that both the Chair of the committee and the Director of Planning ensure that the concerns raised in this letter are communicated to the committee members at the meeting. This is to ensure that they are fully aware of these very important matters and are able to make a properly informed decision on this planning application. The committee should also be reminded that the law requires that decisions should be taken in accordance with the development plan (of which the Sheepy Neighbourhood Development Plan (policies) forms part) unless material considerations (which specifically include the NPPF) indicate otherwise. Further, that where a committee’s decision goes against the officer’s recommendations, the reasons are fully explained and minuted.”

 

 

National Planning Policy Framework (NPPF) Revisions

 

Key policies Paragraphs 66 (affordable housing) and 91 (main town centre uses) of the NPPF (2024) do not apply to this development.

 

As highlighted at Paragraph 8.20 of the Committee Report, the development does not comply with the requirements of key policy Paragraph 84 (isolated homes in the Countryside) of the NPPF (2024).

 

Paragraph 8.129 of the Committee Report confirm that the application site is in an unsustainable location where the future occupiers of the development are likely to be dependent on private motorised transport to meet their day-to-day needs. This is contrary to the sustainable ambitions of key policy Paragraphs 110 (sustainable travel) and 115 (assessing sites) of the NPPF (2024).

 

As confirmed at Paragraphs 8.21 and 8.130 of the Committee Report, the development is also not considered to comply with Chapter 11 of the NPPF (2024) and therefore key policy Paragraph 129 (making efficient use of land).

 

Paragraphs 8.131 to 8.133 of the Committee Report inclusively demonstrate that the development is contrary to and in conflict with key policy Paragraph 135 (criteria for achieving well-designed places) of the NPPF (2024).

 

In accordance with key policy Paragraph 139 (balancing design considerations) of the NPPF (2024), Paragraph 8.134 of the Committee Report recommends that the scheme should be refused.

 

Given that the Council can no longer demonstrate a 5YHLS, further weight should be given to this application’s provision of one dwelling.

 

The revisions to the NPPF have altered the paragraph numberings referenced in the committee report. The paragraphs which have been revised in the latest edition of the NPPF, which have been included within the committee report are detailed below:

 

·                     Paragraph 70 of the NPPF is now Paragraph 73 of the NPPF.

·                     Paragraph 114 of the NPPF is now Paragraph 115 of the NPPF.

·                     Paragraph 180 of the NPPF is now Paragraph 187 of the NPPF.

·                     Paragraph 225 of the NPPF is now Paragraph 232 of the NPPF.

 

Appeal Decision for 23/01195/FUL: Land northeast of The Hovel, Spinney Drive

 

On 12 December 2024, the Inspector dismissed an appeal against on the refusal of planning application 23/01195/FUL (APP/K2420/W/24/3348843) at the Land northeast of The Hovel, Spinney Drive, Botcheston.

 

The Planning Committee is drawn to the attention of the recent planning appeal decision due to the similarities between the scheme and the proposal at The White House, Bosworth Road, Wellsborough.

 

These similarities include that both schemes are:

 

·                     Self-build and custom housebuilding proposals

·                     Developments of single dwellings

·                     Single storey in massing

·                     Located adjacent to a large existing property

·                     In an unsustainable location that is dependent on the private car for travel

·                     Surrounded by arable fields with a noticeable absence of built development

·                     Located in the designated open countryside

 

Within this appeal decision, the Inspector confirmed that:

 

·                    “A new dwellinghouse to this side of the lane would allow the enlargement of the more suburban character which would be considerably damaging and would exacerbate a type of harmful ribbon development.” (c.f. Paragraph 9.)

 

·                    “The proposal would represent an incongruous encroachment into the open countryside that would significantly harm the intrinsic beauty and character of the landscape around.” (c.f. Paragraph 9.)

 

·                    “Even though this proposal would be of a single storey, simple design, the actual effect of the building would be to introduce development that would be much more prominent than ‘The Old Schoolhouse’ and would significantly and noticeably alter the character of the area to its detriment.” (c.f. Paragraph 10.)

 

·                    “The scheme would be unable to meet the requirements of Policy DM17(d) in its duty to ensure development manages to minimise the need to travel or to maximise the use of sustainable modes.” (c.f. Paragraph 14.)

 

·                    “The proposal is for a self build house upon this plot. However, the very nature of introducing more physical development to this location would cause harm, whether this be a self build property or not. Although some weight must be given to the general benefits of self build the harm in this case would outweigh such benefits.” (c.f. Paragraph 15.)

 

Summary

 

Since the publication of the committee report:

 

·                    A recent planning appeal for a detached, single storey, self-build dwelling in the designated open countryside in the Borough has been dismissed by the Inspector

 

·                    Sheepy Parish Council have objected to the development and referred to their previous detailed consultation response submitted on 26 November 2024

 

·                    Changes to the NPPF have been made which give further weight to the provision of housing and highlight key policies that must be regarded within the determination of planning applications subject to the ‘tilted’ balance.

 

The latest information and material considerations received in relation to the planning application are not considered to materially alter the planning balance of the Committee Report or the recommendation to refuse the provision of one isolated dwelling in the designated open countryside.

Application for erection of a single storey self-build / custom-build dwelling (resubmission of 23/00923/FUL).

 

It was moved by Councillor Bray, seconded by Councillor Lynch and

 

RESOLVED – permission be refused for the reasons contained in the officer’s report.

 

Councillors Allen, Cook, Simmons and Smith returned to the meeting at this juncture.