Agenda item

Application for demolition of former cottage hospital and development of new day case surgery building with associated landscaping and parking.

Late items received after publication of the agenda:

Additional Support Comments:

Since publication of the report, one additional support comment was received, stating that the building frontage of the old cottage hospital is architecturally insignificant given the huge number of similar properties still in existence.

A petition has been received with approximately 1642 signatures stating “We the undersigned support the £10m investment for a Day Case Unit in Hinckley and ask that Hinckley and Bosworth Borough Council permits the planning application.”

The petition contains the names and postcodes for each signatory.

Additional Consultee Comments:

Consultee comments from LCC Ecology have been received. LCC Ecology raise no objection subject to the imposition of conditions which are set out below.

The Bat Roost Survey Report – Buildings (Tetra Tech Ltd., June 2025) found no bats emerging from the remaining building on site. LCC ecology are satisfied that there is sufficient ecological information available to support determination of this application. The mitigation measures identified in the Preliminary Ecological Appraisal (Geosphere Environmental, April 2025) will conserve and enhance protected and Priority species particularly those recorded in the locality.

Amended Conditions:

Condition 6 is to be deleted as details of dust and construction hours are contained within Construction Environmental Management Plan included within condition 5.

Additional Conditions:

1. All ecological mitigation measures and/or works shall be carried out in accordance with the details contained in the submitted Preliminary Ecological Appraisal (Geosphere Environmental, April 2025). This will include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

Reason: To conserve protected and Priority species in accordance with Policy DM6 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016) and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (as amended).

2. Prior to commencement of the development a construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority.

The CEMP (Biodiversity) shall include the following.

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”.

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features.

e) The times during construction when specialist ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To conserve protected and Priority species in accordance with Policy DM6 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016) and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (as amended).

3.  Prior to any works above slab level, a Biodiversity Enhancement Strategy for protected, Priority and threatened species, prepared by a suitably qualified ecologist in line with the recommendations of the Preliminary Ecological Appraisal (Geosphere Environmental, April 2025) shall be submitted to and approved in writing by the local planning authority.

The content of the Biodiversity Enhancement Strategy shall include the following:

a) Purpose and conservation objectives for the proposed enhancement measures;

b) detailed designs or product descriptions to achieve stated objectives;

c) locations of proposed enhancement measures by appropriate maps and plans (where relevant);

d) persons responsible for implementing the enhancement measures; and

e) details of initial aftercare and long-term maintenance (where relevant).

The works shall be implemented in accordance with the approved details shall be retained in that manner thereafter.

Reason: To enhance protected, Priority and threatened species in accordance with Policy DM6 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016)  and allow the LPA to discharge its duties under paragraph 187d of NPPF 2024 and s40 of the NERC Act 2006 (as amended).

4. Prior to first use of the development, a “lighting design strategy for biodiversity” in accordance with Guidance Note 08/23 (Institute of Lighting Professionals) shall be submitted to and approved in writing by the local planning authority.

The strategy shall:

a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b) show how and where external lighting will be installed (through provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (as amended) and in accordance with Policy DM6 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

5. Prior to commencement of the development a Habitat Management and Monitoring Plan (HMMP) for significant on-site enhancements, prepared in accordance with the approved Biodiversity Gain Plan, shall be submitted to, and approved in writing by the local authority, including:

a) the roles and responsibilities of the people or organisation(s) delivering the HMMP;

b) the planned habitat creation and enhancement works to create or improve habitat to achieve the on-site significant enhancements in accordance with the approved Biodiversity Gain Plan;

 c) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development;

d) the monitoring methodology in respect of the created or enhanced habitat to be submitted to the local planning authority; and

e) details of the content of monitoring reports to be submitted to the LPA including details of adaptive management which will be undertaken to ensure the aims and objectives of the Biodiversity Gain Plan are achieved.

Notice in writing shall be given to the Council when the:

• initial enhancements, as set in the HMMP, have been implemented; and

• habitat creation and enhancement works, as set out in the HMMP, have been completed after 30 years.

The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP.

Unless otherwise agreed in writing, monitoring reports shall be submitted in years 1, 2, 5, 10, 15, 20, 25, and 30 to the Council, in accordance with the methodology specified in the approved HMMP.

Reason: To satisfy the requirement of Schedule 7A, Part 1, section 9(3) of the Town and Country Planning Act 1990 that significant on-site habitat is delivered, managed, and monitored for a period of at least 30 years from completion of development.

The mandatory biodiversity net gain condition is also relevant:

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan.

Application for demolition of former cottage hospital and development of new day case surgery building with associated landscaping and parking.

In presenting the report, the case officer reported that a request had been submitted to the Department for Culture, Media and Sport by a member of the public to review their decision not to list the hospital building, and that should permission be granted for the planning application, the decision would not be issued until the outcome of the review was known. Officers also committed to urging the government department to expedite the review. It was noted that, should the building be listed, the application would need to be brought back to the Planning Committee.

Two representatives of the applicant spoke on the application.

Councillor Bray, seconded by Councillor Lynch, proposed that:

“(i)        Permission be granted subject to the conditions contained in the officer’s report and late items, with authority delegated to the Head of Planning to determine the final detail of the conditions;

(ii)          A note to applicant be added to urge them to continue throughout the construction of the new day case unit to look for ways to work with local heritage groups and others to seek to preserve as many heritage features as possible;

(iii)         Disappointment be expressed that the Secretary of State had not responded to the Leader of the Council’s letter urging the government to look at providing the new day case facilities whilst simultaneously protecting the locally recognised heritage asset;

(iv)         The scaremongering by the Member of Parliament for Hinckley & Bosworth, who sought to distort the position taken by those who have tried constructively to deliver the new facilities whilst seeking a better building design, be condemned;

(v)          The NHS be urged to continue to seek ways to further improve the overall health provision locally. Local people have previously been promised a walk-in / minor injuries unit and we urge the NHS to bring forward these plans.”

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

RESOLVED –

(i)            Permission be granted subject to the conditions contained in the officer’s report and late items, with authority delegated to the Head of Planning to determine the final detail of the conditions;

(ii)          A note to applicant be added to urge them to continue throughout the construction of the new day case unit to look for ways to work with local heritage groups and others to seek to preserve as many heritage features as possible;

(iii)         Disappointment be expressed that the Secretary of State had not responded to the Leader of the Council’s letter urging the government to look at providing the new day case facilities whilst simultaneously protecting the locally recognised heritage asset;

(iv)         The scaremongering by the Member of Parliament for Hinckley & Bosworth, who sought to distort the position taken by those who have tried constructively to deliver the new facilities whilst seeking a better building design, be condemned;

(v)          The NHS be urged to continue to seek ways to further improve the overall health provision locally, including bringing forward plans for a walk-in / minor injuries unit.

Having declared an interest in the following item, Councillor Cook left the meeting at 7.10pm.