Agenda and minutes

Planning Committee - Thursday, 19th October, 2017 6.00 pm

Venue: Parkside, Station Approach, Burton Street, Melton Mowbray, Leicestershire, LE13 1GH

Contact: Development Control 

Items
No. Item

PL49

Apologies for Absence

Minutes:

None

PL50

Minutes

To confirm the minutes of the previous meeting on 28th September 2017.

Additional documents:

Minutes:

Minutes of the meeting held on 28th September 2017

 

Several Members had not seen the Minutes of the meeting. The Chair proposed to carry them forward to the next meeting.

 

Cllr Holmes seconded the proposal.

 

A vote was taken. It was unanimously decided the Minutes would be considered at the next meeting.

 

PL51

Declarations of Interest pdf icon PDF 53 KB

Members to declare any interest as appropriate in respect of items to be considered at this meeting.

Minutes:

Cllr Greenow declared a disclosable pecuniary and personal and prejudicial interest in application 17/00950/OUT.

 

Cllrs Chandler and Botterill declared a prejudicial interest in application 17/00299/OUT.

 

PL52

Schedule of Applications

PL52.1

17/00997/OUT pdf icon PDF 624 KB

Field OS 3300, Oakham Road, Somerby

Minutes:

Applicant:     Hazelton Homes and Mark Curtis Bennett

Location:      Field OS 3300, Oakham Road, Somerby

Proposal:     Residential development for up to 31 no. dwellings

 

(a)       The Head of Strategic Planning and Regulatory Services stated that:

A submission of late information had been received which needed to be considered fully, therefore a deferral was recommended.

 

The Chair proposed to defer the application.

 

Cllr Glancy seconded the proposal to defer.

 

A vote was taken. It was unanimously decided that the application should be deferred.

 

Determination: DEFER, to allow consideration of the recently received material.

 

PL52.2

17/00299/OUT pdf icon PDF 409 KB

Land west of Saltby Road and south of Mill Lane, Croxton Kerrial

Minutes:

Cllrs Chandler and Botterill left the meeting at 6.10pm for the duration of the application.

 

 

Applicant:     Trustees of the 9th Duke of Rutland's Settlement

Location:      Land west of Saltby Road and south of Mill Lane, Croxton Kerrial

Proposal:     Residential development of up to 39 dwellings, associated infrastructure and landscaping (all matters reserved except for access)

 

(a)  The Regulatory Services Manager stated that:

Updates following publication of agenda – trial trenching has already been undertaken, condition 11 should be amended accordingly  and surplus secondary school places have been taken by decision on 17.10.17 to approve residential development at Fair Farm, Waltham ,consequently this proposal will be required to make a contribution to secondary education.

 

Residential development of up to 39 dwellings with all matters reserved except access. Described the site and its surroundings. Noted that Croxton Kerrial is a reasonably sustainable settlement and summarised committee report by highlighting that the main considerations in the determination of the application were compliance or otherwise with the development plan and the NPPF; impact upon the character of the settlement and the countryside; impact upon heritage assets; relationship with public right of way which crosses the site and impact upon transportation and highway safety.

 

(b)  Patricia Lawrence, on behalf of the Parish Council, was invited to speak and stated that:

·         Does not conform with the NPPF requiring development to conserve and enhance a historic environment

·         Unnecessary harm to a listed building

·         Windmill significant in historical interest and cultural heritage

·         Damage to setting of listed building

·         Egerton Lodge as an example, sense and quality of building lost because of development

·         Benefits do not justify damage

·         Space from the windmill to the housing estate is too close

·         Should be sited elsewhere, the PC would gladly support development in other locations on the edge of the village, but not here where it affected the heritage asset.

 

The Chair proposed to suspend the meeting at 6.21pm to speak to a member of the public in private regarding their conduct and interruptions.

 

Cllr Wyatt seconded the proposal and it was unanimously decided that the meeting should be suspended.

 

The Chair returned and continued the meeting at 6.26pm.

 

A Cllr asked Ms Lawrence of the Parish Council what distance between the development and the windmill would be acceptable.

 

Ms Lawrence stated that there should be a clear distance so one could see across from the road to the windmill. Presently, the distance between the last houses on Saltby Road and the first houses in this development is very small.

 

(c) Jeremy Bancroft, an objector, was invited to speak and stated that:

·       Adversely effects the important southern gateway to village

·       Views of setting effected

·       Policy EM6 - harm to settlement

·       Policy EM13 - effects heritage asset

·      Proposed development should avoid harm to the significance of    historic sites, buildings or areas including their settings

·       Archaeology state concerns about impact on listed building

·       No comments from the conservation officer

·      Section 9.5 of report refers to high impact on listed building but does not address  ...  view the full minutes text for item PL52.2

PL52.3

17/00950/OUT pdf icon PDF 273 KB

Land off Middle Lane, Nether Broughton

Minutes:

Cllrs Chandler and Botterill returned to the meeting at 7.02pm. Cllr Greenow left the meeting at 7.03pm for the duration of the application.

 

Applicant:     Mr Mark Greaves

Location:      Land off Middle Lane, Nether Broughton

Proposal:      Outline application for the erection of three dwellings

 

(a)      The Planning Officer (JL) stated that:

No late items to report.

 

·      Proposal for outline permission for 3 dwellings, all matters reserved, however details of the proposed access point has been included in the application.

·      Main issues to consider are the sustainability of Nether Broughton and the erection of these three dwellings.

·      Agent has provided options as to the type of dwellings to be constructed – not currently included as a condition or note to applicant but can be if the committee wish.

·      Proposal also includes the applicant “gifting” land to the rear of the application site to the Parish Council for community use.

 

(b) Cllr Phil Dorn, on behalf of the Parish Council, was invited to speak and stated that:

·         Historical land

·         Designated to be environmental land in the Neighbourhood Plan

·         Not supported by emerging or historical plans

·         Difficult to farm land

·         Agricultural machinery cannot access the land

·         Overgrown

·         Consistent with emerging plan

·         Remaining 2/3rds of the land to be donated to the Parish Council

·         Restoration work on pond

·         Undertake grass cutting and hedge maintenance for 5 years

·         Will meet requirements of footpaths and ramblers

·         Donation of the field will preserve the area

·         Benefits outweigh the harm

 

A Cllr asked if the land to be gifted has good access to it.

Cllr Dorn stated that there is access off Middle Lane to the development, and the footpath will be widened and used to give access for grass cutting machinery.

 

(c) James Caunt, an objector, was invited to speak and stated that:

·         Neighbourhood Plan is important and carries a large weight with the community

·         Direct conflict with plan

·         Site is allocated as local green space

·         Unsustainable - no shops, no school, reduced public transport

·         Nether Broughton already has a significant 36% increase in housing supply

·         No one is buying the current houses up for sale in the village

·         Gift of land is significant - minded to remove objection if timescale is shorter than three years, if the Parish Council is satisfied with having to maintain the land once the 5 years is up, materials not raised in conditions are not alluded to, and the size of houses is limited.

 

(d) Mark Greaves, the applicant, was invited to speak and stated that:

·        Longstanding part of community

·      Field not farmed due to cattle escaping and being infected due to dog fouling

·      Access, ecology, footpaths and rural character of site have been considered

·        Utilise 1/3 of the site

·        Dwellings respect the built form of Middle Lane

·        Would respect the rural character

·       Scale and size of dwellings not yet set as the application is outline

·        Site linked to the village centre by footpaths

·        No impact to adjoining properties

·        2/3 of field given to Parish Council to be preserved

·        Meets local  ...  view the full minutes text for item PL52.3

PL52.4

17/00507/COU

The John Dory, 2 Rutland Square, Barkestone Le Vale

Additional documents:

Minutes:

Cllr Greenow returned to the meeting at 7:27pm

 

Applicant:     Mr Mike Timpson

Location:      2 Rutland Square, Barkestone Le Vale

Proposal: Conversion of former public house/restaurant/living accommodation into two dwellings

 

(a)       The Head of Strategic Planning and Regulatory Services stated that:

New information had been received and needed to be considered, therefore a deferral was recommended.

 

The Chair proposed to defer the application.

 

Cllr Wyatt seconded the proposal to defer.

 

A vote was taken and it was unanimously decided the application should be deferred.

           

Determination: DEFER, to allow consideration of the new material recently received.

 

PL52.5

17/00837/FUL pdf icon PDF 278 KB

Land off Main Street, Eaton

Minutes:

Applicant:     Mr Craig Smith

Location:      Land off Main Street, Eaton

Proposal:      Erection of four dwellings

 

(a)  The Planning Officer (LP) stated that:

There is one update to the report and this regards the comments of the Highway Authority, an amended layout plan was received on 29 September 2017, this was considered by the County Highway Authority who acknowledge the pedestrian links now provided from the parking areas through the back garden to the rear doors of Plots 1-3, which reduces the likelihood of residents parking on Main Street out of convenience.

As a result the County Highway Authority do not offer any objection to the proposal and have suggested 3 conditions which read as follows

Condition one

Notwithstanding the submitted plans, the proposed accesses shall have a gradient of no more than 1:12 for a distance of at least 5 metres behind the highway boundary and shall be surfaced in a bound material with 2 metre kerbed radii.  Drainage shall be provided so water does not drain into the Public Highway and the access once provided shall be so maintained at all times.  The visibility splays of 2.4 x 43 metres, once provided shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway.

Condition two

The new vehicular access hereby permitted shall not be used for a period of more than one month from being first brought into use unless the existing vehicular access on Main Street that becomes redundant as a result of this proposal has been closed permanently and reinstated in accordance with details first submitted to and agreed in writing by the LPA.

Condition three

The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with the revised layout plan.  Thereafter the onsite parking provision shall be so maintained in perpetuity.

In so far as the application details, the proposal is a full application for 4 dwellings, the site is a brownfield site and therefore benefits from a presumption in favour of development, however Eaton is not considered a sustainable location for new housing development.

 

The application presents a balance of competing objectives and the Committee is invited to reconcile these in reaching its conclusion.

The site is a brownfield site, having previously been sued as a dairy and parlour but has been vacant fro some time with permissions previously granted on the site for log cabins.  It is considered that there are material considerations of significant weight in favour of the application, and it’s previously use land class adds additional support.

Balanced against the positive elements are the specific concerns raised in representations with regards to site levels and also the sustainability of Eaton.

 

In applying the test as required by the NPPF it is considered in this instance that the benefits outweigh the harm and permission should be granted as per the officer report.

Please note though, the conditions of the report  ...  view the full minutes text for item PL52.5

PL52.6

16/00733/FUL pdf icon PDF 305 KB

St Deny’s Church, Church Lane, Eaton

Minutes:

Applicant:     Parochial Church Council, St Deny's Church

Location:      St Deny's Church, Church Lane, Eaton

Proposal:      Proposed disabled toilet extension with terne coated steel roof covering

 

(a)  The Head of Strategic Planning and Regulatory Services stated that:

The applicant wished to defer the application.

 

The Chair proposed to defer the application.

 

Cllr Wyatt seconded the proposal to defer.

 

A vote was taken. It was unanimously decided the application should be deferred.

 

PL52.7

17/01085/FULHH pdf icon PDF 338 KB

5 Ash Way, Frisby on the Wreake

Minutes:

Applicant:     Mr and Mrs Legge

Location:      5 Ash Way, Frisby on the Wreake

Proposal:      Replacement porch

 

(a)  The Planning Officer (JL) stated that:

No late items to report

·                     Applicant before committee due to the applicant being a member of staff.

·                     Proposal for a porch to front of the property, requires planning permission as slightly over the allowances of permitted development.

 

Cllr Chandler proposed to permit the application.

 

Cllr Posnett seconded the proposal to permit.

 

A vote was taken. It was unanimously decided that the application should be permitted.

 

DETERMINATION: PERMIT, subject to the conditions as set out in the report.

 

REASON: The application site lies within the Village envelope and thus benefits from a presumption in favour of development under policies OS1 and BE1. The proposed development has been designed to have limited impact on adjoining properties, and is considered capable of reflecting the character and appearance of the surrounding area; and complies with highway requirements.

PL53

Urgent Business

To consider any other items that the Chair considers urgent

 

Minutes:

None