Agenda and minutes

Planning Committee - Thursday, 1st August, 2019 6.00 pm

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

Contact: Development Control 

Items
No. Item

PL112

Apologies for Absence

Minutes:

Cllr Posnett sent her apologies and was substituted by Cllr Pearson.

 

PL113

Minutes

To confirm the minutes of the previous meeting.

Minutes:

Minutes of the meeting held on Thursday 25th July 2019 are to be signed at the next Planning Committee on Thursday 29th August 2019.

 

PL114

Declarations of Interest pdf icon PDF 50 KB

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

Minutes:

Cllr Pearson declared that as a County Cllr he had an interest in 18/00359/OUT, as the applicant is Leicestershire County Council. He did not intend to participate in the debate or decision and would therefore leave the meeting.

 

Cllr Illingworth declared that for 18/00359/OUT he would be speaking in his role as Ward Cllr. He asked for clarification from the Solicitor to the Council about speaking, and was informed that he would not be able to take part in the vote.

 

Cllr Steadman declared an interest in 19/00186/FUL and stated that she would leave the meeting for that application.

 

Cllr Higgins declared an interest in 18/01471/FUL and intended to speak in his role as Ward Cllr. He stated that he would not be voting on the application.

 

Cllr Holmes stated that she had no interest in 18/00359/OUT and 18/00769/OUT but had an interest in a nearby site, but was advised that her declaration was sufficient and could still take part in the vote.

 

PL115

Schedule of Applications

PL116

18/00359/OUT pdf icon PDF 898 KB

Sysonby Farm, Nottingham Road, Melton Mowbray

Minutes:

Cllr Pearson left the meeting at 18:05.

 

Applicant:     Leicestershire County Council

Location:      Sysonby Farm, Nottingham Road, Melton Mowbray

Proposal:      Outline planning application for demolition of all existing buildings and structures, and the erection of up to 290 Class C3 residential dwellings, local centre comprising of 200 m2 GEA for Class A1, A2, A3, A4 and A5 uses, up to 250 m2 GEA Class B1 business floor space, Class D1 primary school, open space and associated infrastructure, with all matters reserved except access.

 

(a)          The Lead Planning Officer (SL) stated that:

The application seeks outline planning approval with access only for determination at this stage, for up to 290 dwellings, a local centre with A1 to A5 uses and a primary school. The site is allocated as part of the North Sustainable Neighbourhood in the adopted Local Plan. It is being reported to committee due to the strategic importance of the site.

Following the committee site visits and the publication of the Officers report, there are a number of updates.

One further objection has been received, raising further objections to those already made during the application process which have been responded to in the officer’s report. This has been raised with some Members of the Council directly, and also on the planning portal.  The objection relates to the previously refused applications on this site and the neighbouring site to the east, references 14/00518/OUT and 14/00519/OUT. These applications were unanimously refused by the Planning Committee in April 2015.

At the time, Councillor Botterill seconded the motion to refuse, stating that the bypass should be in place before proposals come in. Councillor Simpson stated that there was no local plan and no bypass and that these things are needed before this type of application is permitted. The Highways Officer at the time concluded that there was significant harm to transport in the town, and the harm outweighed the benefits of the development. Mr Palmer therefore considers that the proposals should not be considered until the bypass is in place and that consideration should be given to the previous reasons for refusal in April 2015.

Members will be aware that the Local Plan was adopted in October 2018. The north and east Melton Mowbray distributor road was granted planning permission in May this year and it is expected that construction will start mid to late next year. As this application is in outline, it is not expected that a significant number of dwellings could possibly be delivered before the distributor road is substantially or totally completed. The proposal is therefore considered acceptable in terms of the highways impact.   

In addition, Cllr Wilkinson has this week lodged comments regarding both this application and the neighbouring site promoted by Richborough Estates which is next on tonight’s agenda.  Councillor Wilkinson is in favour of both applications, particularly in the light of Leicestershire County Council being awarded £4.4 million towards infrastructure costs for this application. He raises concerns that if the application is rejected the town could miss  ...  view the full minutes text for item PL116

PL117

18/00769/OUT pdf icon PDF 931 KB

Land North of John Ferneley College, Scalford Road, Melton Mowbray

Minutes:

Cllrs Pearson and Illingworth returned to the meeting at 18:57.

 

Applicant:     Richborough Estates Ltd

Location:      Land North John Ferneley College, Scalford Road, Melton Mowbray

Proposal:      Outline planning application for residential development (Class C3), public open space, children's play facilities and associated infrastructure, with all matters reserved except access to the site.

 

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

This application seeks outline planning approval with access only for determination at this stage, for up to 400 dwellings, and 1.22 hectares of land to allow for the expansion of John Ferneley College to allow up to a further 200 places. The site is allocated as part of the North Sustainable Neighbourhood in the adopted Local Plan. It is being reported to committee due to the strategic importance of the site.

Following the committee site visits and the publication of the Officers report, there are some updates to bring to Members attention.

Following additional consultation with the highway authority, an amended plan has been submitted for the site access to ensure that the applicant is conditioned to provide a footway / cycleway from their proposed access to where the existing footway terminates at John Ferneley College. This will ensure that occupiers of the development, should it be approved, will be able to walk or cycle safely to where the existing footpath starts. Therefore, Members are requested to allow officer’s the delegated powers to change the reference number of the plans in the proposed condition 8 within the list of conditions.

In addition, Cllr Wilkinson has this week lodged comments regarding this application, and the Sysonby Farm proposal on the neighbouring site which has just been debated by Members.

Councillor Wilkinson is in favour of the application, however, given the ageing population and struggle to retain young families Cllr Wilkinson is keen to ensure that more housing is available to first time buyers. Melton’s housing needs study outlined that the Council should have a target of 40% affordable homes given the demographic projections, stating that the target should be 45% with the introduction of starter homes.

As the Ward Councillor, Councillor Wilkinson would like to see the amount of affordable homes raised to 17.5% from the 15% minimum within the policy. This would be 70 homes in total. He proposes that 57% of these, i.e. 40 dwellings would be for affordable rent, and 43%, i.e. 30 dwellings would be for affordable home ownership. Within this, he would like to see a 50/50 split between Starter Homes and discounted market sales, which would be sold at a 20% discount from market value.

Having recently bought his first home, he states that starter homes are substantially more appealing than shared ownership. Within this there needs to be a mix of two and three bedroom homes. Councillor Wilkinson does not believe that one bedroom houses are needed through affordable ownership this early in the life of the Local Plan. The Council has already approved a significant number of affordable rented and shared ownership properties on the  ...  view the full minutes text for item PL117

PL118

19/00186/FUL pdf icon PDF 476 KB

57 Church Lane, Long Clawson

Minutes:

Applicant:     Mr Tom Fitzpatrick

Location:      Framland Lodge, 57 Church Lane, Long Clawson, Melton Mowbray

Proposal:      To rebuild and improve the old barn at Framland Lodge, to provide facilities for a small cookery school and chef's table.

 

19:17 – Cllr Steadman left the meeting.

 

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

This application seeks full planning permission for the re-building of an existing block built barn to provide a 2 storey building to form a cookery school and chef’s table.  The site is within the residential curtilage of Framland Lodge, and within the Conservation Area for Long Clawson. The existing building forms the boundary with St Remigius Church, a Grade II* listed building.

The application is presented to committee for determination due to the number of representations received.

Since the site visits on Monday, the applicant has confirmed that he does not own the property, and it is owned by his mother. Consequently he has now completed the correct certificate to accompany the planning application which is available to view on the file.

In the last couple of days Members have been approached by various parties regarding increased car parking provision, further restrictions to the hours and days of operation, and the extraction for the kitchen. If Members consider that these issues are justified there is scope for further or altered conditions to those which are included within the Officers report at Appendix C. At this time officers do not consider that this will be necessary to mitigate the impact of the development. In regards to car parking, it is highly unlikely that those attending the cookery school or chef’s table will attend on their own.  These activities are sociable, and the six to eight car parking spaces are considered sufficient to meet demand, bearing in mind the condition ensures that no more than 8 attendees will be present at any time. In addition, the highway authority has no objection to occasional parking in the highway if required. The neighbourhood plan only sets specific parking standards for residential developments at policy T4. This application is not for residential development. In terms of the hours of opening and operation, this has been considered and the hours as set out in the application form are considered reasonable. These are 10am to 11pm Monday to Saturday, however it is considered unlikely that these hours would be used fully.

In regards to the extraction, the environmental health officer advises that the development is relatively modest, artisan in nature, serving high quality food with limited cooking facilities and relatively short operation times. The proposed set-up should offer good dilution and dispersion of odours, and it would be onerous to require the applicant to install significant extraction infrastructure at this stage. However, the officer has advised that in the interests of good planning, that the applicants in liaison with their kitchen engineers, design the kitchen in such a manner that will allow for easy retrofitting of noise and odour abatement equipment if it becomes necessary at a  ...  view the full minutes text for item PL118

PL119

18/01471/FUL pdf icon PDF 396 KB

3 Main Street, Burrough on the Hill

Minutes:

Applicant:     Mr & Mrs Thomas Allen

Location:      Top View, 3 Main Street, 3 Main Street, Burrough on the Hill

Proposal:     Proposed part demolition and creation of three detached dwellings.

 

(a)    The Assistant Director for Strategic Planning and Regulatory Services (JW) stated that:

 

·           With regards to the application itself, there is nothing new to report.

·           Wished to explain the plans to Members again and clarify questions arising at the site inspection regarding building proximity and height.

·           The application does not meet the terms of SS3 and recommended for refusal.

 

(b)    Cllr Fynn, on behalf of Somerby Parish Council, was invited to speak and stated that:

 

·           There is a proven need for smaller low cost units, something that this won’t provide. If units are sold at a later date, they will be way above what is affordable.

·           The part of the village is single storey dwellings. There have been letters of objections opposing the 2 storeys. This will be intrusive in a Conservation Area.

·           There is a minimal bus service and access will require a vehicle.

·           Concerned about the view to and from Burrough on the Hill. The heritage should be valued.

 

(c)    Mr Molyneux, an objector, was invited to speak and stated that:

 

·           The application does not meet the proven local need and does not comply with the Neighbourhood Plan.

·           The Conservation Area is a small hamlet with limited infrastructure. It is an unsustainable village.

·           The privacy of the adjacent bungalows at Top View would be affected and the site would become overdeveloped for a rural Conservation Area environment.

·           The two plots sitting on the ridge would have an impact on the landscape with the addition of the extra floor. Recent development demonstrated this.

·           Concerned about access being a single width drive from a B road on a sharp right angled bend.

 

(d)    Mr Allen, the Applicant, was invited to speak and stated that:

 

·           He intends to downsize to look after family.

·           1 unit would be sold to make the project viable. Large plot can facilitate this.

·           Only issues are sustainability. Since application there as been a Draft Neighbourhood Plan sent out for consultation.

·           Policy HR4 of the Draft Neighbourhood Plan singles out the need for 2 bedroom dwellings suitable for elderly/disabled people. The site is supporting this increased need.

·           Submitted letters of intent.

·           Promotes sustainability, as the village is not growing/thriving due to lack of development and support.

 

(e)    Cllr Higgins, the Ward Cllr, was invited to speak and stated that:

 

·           Wished to represent both the objectors and the applicant. Both have put forward a case for judgement.

·           Smaller houses are needed within the ward.

·           17 objections largely from the Village.

·           Doesn’t agree with the extra bungalow as it will affect the neighbour. There is no need for the 3rd bungalow but understands the personal circumstances.

20:25 – Cllr Higgins left the discussion.

 

The Assistant Director for Strategic Planning and Regulatory Services gave merit to the application; however it wasn’t all the way there. He stated that the  ...  view the full minutes text for item PL119

PL120

18/01434/FUL pdf icon PDF 537 KB

21 Baggrave End, Barsby

Minutes:

Applicant:     Mr Cassa Miller

Location:      Penlan, 21 Baggrave End, Barsby

Proposal:      Demolition of existing dwelling, erection of a replacement dwelling, demolition of outbuildings/farm buildings and erection of three dwellings, alterations to access, provision of parking and associated works.

 

(a)                   The Development Manager was invited to speak and stated that:

The application seeks full planning permission for the demolition of the existing dwelling house known as Penlan  and its replacement with a new 3 bed house (plot 4), the demolition of existing outbuildings/farm buildings to the rear, and the erection of three further houses (two further 3 bed‘s and one 4 bed) on land to the rear which are proposed in a linear form behind the frontage dwelling at Plot 4 on rising land currently occupied by a range of derelict farmyard buildings that are to be demolished. 

The proposal is located within Barsby which is identified as a Rural Settlement in the Local Plan and therefore should be assessed in accordance with Policy SS3.During the life of the application, the applicant has submitted additional information which they feel demonstrates the need as set out within Policy SS3, this information is all within the committee report but makes reference to a Housing Needs Survey in the Parish conducted in February 2017 this was part of a group of surveys which also covered Gaddesby and Ashby Folville.  Additional information has been submitted setting out the respondents who have identified a need for housing in Barsby and the agent has stated that the survey work has demonstrated that there is a proven local need for more than 3 x 3 or 4 bedroom houses in Barsby. The test to comply with Policy SS3 is set high to reflect the limited number of dwellings that are to be provided under this policy and to ensure new dwellings in such villages are approved only when they meet a proven, local need. As such a convincing case to justify the proposal has not been made in order to comply with the strict criteria of Policy SS3 as the survey returns referred to, are not specific to the localised area and refer to the Parish, which includes Gaddesby where there may be several sites available to meet housing need and significant housing allocation approximately 34 have been provided,  and the requests for new housing in Barsby are more reflecting of  a personal desire to live in this village which could be termed as market demand rather than proven need and therefore refusal is recommended due to the proposal not meeting an identified proven local need and being contrary to Policy SS3 of the Melton Local Plan.

Concern is also raised with regard to the form and scale of the proposal which is considered to be over intensive and would be typically urban in nature and out of character with the rural village location. Therefore the proposal is also recommended for refusal due to the conflict with Policy D1 of the Melton Local Plan.

 

(b)  ...  view the full minutes text for item PL120

PL121

19/00516/FULHH pdf icon PDF 329 KB

36 Greaves Avenue, Melton Mowbray

Minutes:

Cllr Higgins declared an interest in the following application and therefore would not be taking part.

 

Applicant:     Mr Graham Bradley

Location:      26 Greaves Avenue, Melton Mowbray

Proposal:      Proposed rear extension to dwelling

 

(a)          The Development Manager was invited to speak and stated that:

The proposal is a householder application for the erection of a single storey rear extension to dwelling, the proposal is before you as the applicant is Melton Borough Council.

The proposal would provide 2 double bedrooms and a bathroom to the ground floor, to provide adaption for a carer internally.

The development is considered to be subservient to the host dwelling and sympathetic to the character of the area, having no detrimental impact on either the street scene or the amenity of neighbouring occupants, and therefore recommended for approval subject to conditions.

 

Cllr Faulkner stated that as the Ward Cllr, he had not been asked to make any points, and was happy to propose to permit.

 

Cllr Steadman seconded the proposal.

 

A Cllr queried what it meant if money was spent on the property in terms of the house being bought.

 

A Cllr stated they had sought clarification but this would not impact the decision.

 

A Cllr queried funding.

 

The Assistant Director for Strategic Planning and Regulatory Services stated that this was not applicable in this case.

 

A vote was taken.

10 Members voted to permit.  Cllr Higgins abstained from the vote.

 

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

REASON: By reason of siting and design and mass, would result in a development that would appear subservient to the host dwelling and be sympathetic to the character of the area, thus having no detrimental impact on the visual amenity of the site and the street scene.  Proposed materials would ensure the development respects the existing dwelling and wider character of the area.  The proposed development would therefore accord to Policy D1 of the Melton Local Plan and the overall aims of the National Planning Policy Framework 2019.

 

PL122

Urgent Business

To consider any other items that the Chair considers urgent

 

Minutes:

None