Agenda and minutes

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

Contact: Democratic Services Team 

Items
No. Item

PL170

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Holmes and Wood. 

 

Councillor Hewson was appointed as substitute for Councillor Holmes and Councillor Evans was appointed as substitute for Councillor Wood.

PL171

Minutes pdf icon PDF 87 KB

To confirm the minutes of the meeting held on 19 December 2019

Minutes:

The minutes of the meeting held on 19 December 2019 were confirmed and authorised to be signed by the Chair.

PL172

Declarations of Interest pdf icon PDF 51 KB

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

Minutes:

The Chair drew Members’ attention to the advice relating to interests included within the agenda. 

 

Application 19/01030/FUL

Councillor Illingworth declared a personal and non-pecuniary interest in this application as the applicant and owner of the business was a personal friend.  He advised that he had no pecuniary interest in the application.

 

On this basis the Solicitor to the Council advised that the Councillor may remain in the meeting for the application but not take part in the debate nor vote thereon.

 

Application 19/01193/OUT

Councillor Steadman stated that she intended to speak as the Ward Councillor on this application and therefore would move into the public gallery for the whole of the application, would not take part in the debate nor vote thereon.

 

Councillor Posnett declared a personal interest on any Leicestershire County Council matters due to her role as a County Councillor.

PL173

Schedule of Applications

Councillor Steadman moved into the public gallery for the duration of the following application19/01193/OUT to enable her to speak as Ward Councillor.

PL174

Application 19/01193/OUT pdf icon PDF 210 KB

Field OS 3254, Blacksmith End, Stathern

Minutes:

Reference:

19/01193/OUT

Location:

Field OS 3254, Blacksmith End, Stathern

Proposal:

Residential development for 9 houses

 

The Development Manager addressed the Committee and provided a summary of the application.  She advised that since despatch of the agenda comments had been received from the Highway Authority relating to the public right of way which would amend condition 6 of the report.

 

The Development Manager referred to conflict between local plan policies in determining this application and although officers had made a finely balanced recommendation in favour of the application by referencing policies SS1 and SS2, it was recognised there was a strong conflict with policy C1(B).  Therefore officers felt it was for the Committee to determine which policy took precedence in this case. 

 

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to  public speaking at Planning Committee, the Chair allowed the following to give a four minute presentation :

 

·         Ken Bray, Chairman, Stathern Parish Council

 

·         Alison Shelton

 

Following a query by a Councillor, it was confirmed that there was an error in the Local Plan relating to housing supply allocation, in that the flexibility it allowed should say ‘significant’ whilst it read ‘limited’. 

 

·         Nick Cooper, Agent

 

Following questions from Members, Mr Cooper confirmed

 

·         There had been public consultation through the Stathern Neighbourhood planning process and positive comments had been received concerning the site

·         The developer owned the whole site which he felt provided potential to contribute to the Borough’s housing need

 

In response to the speakers’ comments, the Development Manager explained that policy SS3 ‘unallocated sites’ had been questioned and she was persuaded by the arguments raised that it was not applicable in this case because the site was allocated. There was a strong case for policy C1(B) even though the application was SS2 compliant therefore she still felt it was for the Committee to determine which policy should prevail.

 

The Assistant Director referred to the error in the Local Plan relating to housing supply allocation mentioned previously.   He explained that reference was made by the Inspector to substantial flexibility rather than limited which was indicated in the Modifications.  However he further explained that meeting targets was the minimum requirement in terms of housing supply and did not mean there was no further demand and no upper limited was set.  Both locally and nationally the thinking was the more housing the better so long as sites concerned were acceptable in terms of environmental, infrastructure and all other relevant planning factors.

 

During discussion the following points were noted :

 

·         There was concern that the application was for 9 dwellings and this was just below the threshold of 10 homes which would then mean the developer would be required to make a contribution to infrastructure.  Based on a previous application that had been withdrawn for 45 homes on the site, it was felt that the developer could potentially submit 5 applications for 9 houses each and reach the same outcome.  Members felt that if this application was approved  ...  view the full minutes text for item PL174

Councillor Steadman resumed her Committee membership role.

PL175

Application 19/00573/REM pdf icon PDF 421 KB

Field OS 6967, Grantham Road, Bottesford

Minutes:

Reference:

19/00573/REM

Location:

Land off Grantham Road, Bottesford

Proposal:

Approval of reserved matters related to appearance, landscaping, layout and scale attached to outline approval for the erection of 60 dwellings and provision of drainage infrastructure/public open space and associated works

 

The Assistant Director for Strategic Planning and Delivery addressed the Committee and provided a brief summary of the application and how it had evolved through liaison with the developers and Parish Council to reach its current, improved, proposal.  He also updated the Committee on the following issues that had been raised since despatch of the agenda and which would need to be included in the decision, should the application be approved :

 

·         an amended plan had been received from the developer specifying the sight lines around the junction where the site transferred from the public to private road

 

·         a response from the Highway Authority had been received which indicated satisfaction with the scheme subject to conditions relating to parking,  turning, surfacing of the highway, setting back of garage doors etc

 

·         amendments to the following conditions :

 

condition 1 –  updated plans

condition 2 –  materials omitted – fine details – time limited etc

condition 3 –  delete as condition 1 covers landscaping

condition 4 –  delete due to duplication

condition 5 –  delete reference to traffic management as this was included in the outline application

 

With regard to access arrangements, conditions in the outline permission required a footpath connecting the site to the village.

 

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to  public speaking at Planning Committee, the Chair allowed the following to give a four minute presentation :

 

·         Sally Smith, Planning Manager for Bellway Homes Limited

 

·         Bob Bayman, Chairman, of Bottesford Parish Council 

 

Following questions from Members, Mr Bayman confirmed

 

·         The Parish Council had previously worked with the County Council to install lower speed limits for the school etc and had contributed to the cost and would be prepared to again for this development should the County Council offer this

 

·         Councillor Pritchett, Ward Councillor

 

The Committee agreed to suspend the public speaking procedure rules to allow the applicant to respond to the Parish Council’s comments and Members questions. 

 

Ms Smith of Bellway Homes confirmed

 

·         The footpath was a planning condition on the outline application

·         The developer was working with the Highway Authority to install a 2 metre wide footway which was a technical obligation on the developer before any of the dwellings were occupied on the site

·         The developer was prepared to work with the Parish Council to extend the 30 mph from the village to the development

·         With regard to the attenuation pond, condition 14 of the outline application required a surface water scheme and a number of the plans had been submitted and it was for the Council to determine and discharge this condition

·         The levels around the pond were not as steep as the drawings showed

·         Traffic routing was being dealt with as part of a planning condition and  ...  view the full minutes text for item PL175

Due to his personal interest declared at Minute 172 in the following application, 19/01030/FUL, Councillor Illingworth here left the meeting.

 

PL176

Application 19/01030/FUL pdf icon PDF 226 KB

19 Melton Road, Burton Lazars

Minutes:

Reference:

19/01030/FUL

Location:

19 Melton Road, Burton Lazars, Melton Mowbray, LE14 2UR

Proposal:

Retrospective application for retention of timber framed extension to workshop

 

The Development Manager addressed the Committee and provided a brief summary of the application. 

 

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to  public speaking at Planning Committee, the Chair allowed the following to give a four minute presentation :

 

·         Maggie Saunders

 

·         Gill West for the applicant

 

Following questions from Members, Ms West confirmed

 

·         The large tree that had been cut down had not been protected

·         Although the applicant had not consulted all their neighbours, the applicant had openly discussed their plans with neighbours who had contacted them concerning the development

 

During discussion the following points were noted

 

·         The tree could not be replaced in its previous form therefore the Committee should not focus on its loss although it was noted that a new tree could be planted

·         The new building had been insulated to a modern standard which would help alleviate noise and smell

·         It was not for the Committee to be involved in environmental health matters and any such concerns should be addressed through that route

·         The building did not need change of use

·         A condition as to acceptable times of operational use was included

·         If the development had been within the permitted scheme, the Committee would not have been able to apply the conditions which would help to allay the neighbour concerns

·         The site had had business use for over 60 years and before that had been a blacksmith’s premises

·         The company was an exporter of bespoke products and the Borough should be proud to have such a business operating within the area

·         The Council should support small businesses such as this as they helped to grow the economy by involving local people and services

 

Councillor Cumbers proposed to approve the application and Councillor Chandler seconded.

 

RESOLVED

 

That application 19/01030/FUL be APPROVED, in accordance with the conditions in the report.

 

(Unanimous)

 

REASONS

 

In the opinion of the Local Planning Authority the proposal represents a proportionate addition to an existing well established business.

 

The proposal is not considered to unduly impact upon the street scene due to its positioning and is not considered to cause significant impact to nearby residential dwellings due to the quality of the proposed extension providing a better level of acoustic performance than that of existing.

 

The majority of the noise generating machinery and operational processes are existing at the site and therefore the including of assembling and  painting of manufactured goods is not likely to significantly increase the level of noise at present, with the construction of the extension actually minimising noise breakout and mitigating the reduction in separation distance between source and receiver.

 

Whilst there would be some disturbance created from this proposal this can be managed effectively by the inclusion of operating hours conditions, and the correct materials and insulation being used to mitigate the noise impact.

PL177

Urgent Business

To consider any other items that the Chair considers urgent

 

Minutes:

There was no urgent business.

 

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