Agenda and minutes

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To confirm the minutes of the previous meeting on 17.08.2017.

Minutes of the meeting held on 17th August 2017.

Approval of the minutes was proposed by Cllr Greenow and seconded by Cllr Glancy.

It was unanimously agreed by all Members who were present at the meeting on 17th August that the Chair sign them as a true record.

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

Cllr Botterill declared a pecuniary interest in application 17/00890/FUL and stated he would leave the meeting for the duration of the discussion.

Cllr Chandler declared an interest in application 17/00890/FUL as her son is a tenant of the Belvoir estate and it could be considered prejudicial even though she didn’t believe so.

Cllr Holmes declared that she had no interest in application 17/00281/OUT which had been previously suggested.

Cllr Posnett declared that she had no interest in application 17/00281/OUT but she had been previously advised to declare an interest due to contact with the family. However she wished to confirm the contact was with the applicant’s parents and she had never had any contact with the applicant.

Land South Of Frisby On The Wreake, Leicester Road, Frisby

Applicant:     Mr and Mrs Cook

Location:      Field OS 0044 Leicester Road, Frisby on the Wreake

Proposal:      Outline application, with all matters other than access to be reserved for future approval, for the residential development of up to 48 dwellings with associated access, community uses, landscaping, open space and drainage infrastructure.

(a)       The Regulatory Services Manager stated that: The determination of this application was deferred from the last meeting because of concerns about water supply and sewage.

Before going through the report Members were updated on that matter.

Severn Trent  Water (STW) have commented on water supply and sewage disposal as follows:

Water Supply - An assessment of the system indicates that this area has good capacity to supply this development. The area is pressure managed, so STW has scope to carry out remedial works to bring the water pressure back up to the level it was at before this development.

Sewage – (states, in summary) STW has a statutory duty to dispose of sewage from all residential development. There is no technical or financial reason why this could not be achieved in respect of this development in Frisby. Although they have not established precisely what works would be necessary .The implementation of works could result in delays to development and the occupation of dwellings.

To ensure that no development comes forward in advance of any improvements to infrastructure it is suggested that any permission should be subject to the following additional condition :

Condition

No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works has been approved in writing by the Local Planning Authority. Such works shall be implemented to the reasonable satisfaction of the Local Planning Authority before the associated buildings to which they relate are occupied. Any works required to upgrade the infrastructure sufficiently to provide capacity for the new development shall be undertaken prior to acceptance of the development's foul sewerage.

Reason

To protect water quality and to secure a satisfactory standard of development, in accordance with the requirements of paragraph 109 of the NPPF.

STW consider that this would be acceptable and the applicants agree to the imposition of the condition.

A Councillor raised concerns regarding the provision for dealing with the sewerage and what conditions had been imposed on Severn Trent regarding this.

The Regulatory Services Manager responded that Severn Trent has a legal duty to provide a sewerage connection and that this has to be put in place before any dwellings can be occupied.

A Councillor commented that no scheme had been submitted and that the developer wouldn’t design a scheme without permission.

The Regulatory Services Manager reminded Members that this is not unusual with an outline application.

The Chair commented that it was unlikely any developer would create a scheme on a speculative basis and checked that the Members would like to proceed with the rest of the updates from the report now that this concern had been addressed.

Update  ...  view the full minutes text for item PL37.1

Land At South Of Hill Top Farm, Melton Mowbray

Applicant:     Mr M Brown

Location:      Land at South of Hill Top Farm, St Bartholomew’s Way, Melton Mowbray

Proposal:      Outline application for up to 30 dwellings (Access of St Bartholomew’s Way already approved)

(a)  The Planning Officer (LP) stated that: This application seeks outline permission for the erection of up to 30 dwellings with associated access which has been approved under application reference 15/00593/OUT.

All other matters are reserved at this time

The application is located to the south of Hill Top Farm St Bartholomew’s Way, the site itself is located alongside two previously approved applications for a total of 45 dwellings.  The application proposes to use the land previously considered unacceptable in application 15/00593/OUT within the 100m buffer of the Scheduled Ancient Monument.

The site is currently a field with no presumption in favour of development, however the proposal does include a mix of affordable housing.

The Borough whilst not deficient in terms of housing land supply, housing does remain one of the Council’s key priorities.

Since the publication of the committee report additional clarification has been sought from the Education authority for their contribution, the details as set out in the report remain up to date with a contribution request of £80,621.53 towards the Secondary School Sector.

It is considered that, on balance of the issues, there are benefits from this proposal when assessed under the NPPF in terms of housing supply and affordable housing in particular. 

The balancing issues are considered to be development of a greenfield site and the impact of the proposal on the nearby Sysonby Grange Scheduled Ancient Monument, the harm to the asset derives mainly form the proximity of the proposed development.  The narrowness of the buffer and topography of the site would lead to the development being intrusive to the setting and harmful to the significance of the asset.

As such the application is recommended for refusal for reasons as set out in the report.

(b)       Dr Patrick Clay, on behalf of the applicant , was invited to speak and stated that:

·         The setting of the monument has already been compromised by the wind farm.

·         The boundary may not be relevant to the site itself and has been compromised by development over the centuries, including St Bartholemew’s Way itself.

·         Trial trenching has been carried out and produced limited interest.

·         There will be information boards so as not to keep the site secret as it isn’t currently well known.

·         The site can’t be seen from new hedgerow. Topography falls away. Far less severe than Historic England suggest. In favour of protecting the setting.

A  Councillor asked if archaeological digs had taken place.

Dr Clay commented that they should be done if permission is granted.

A Councillor asked if they would let the hedgerow grow higher.

Dr Clay noted that this would afford the monument protection from the

permission already granted. You wouldn’t see the development and it would

protect the setting further which is already well protected.

(c)        Maurice Fairhurst, agent for the applicant,  ...  view the full minutes text for item PL37.2

Land off Canal Lane, Hose

Applicant:     Andrew Granger & Co

Location:      Land off Canal Lane, Hose

Proposal:      Outline application for residential development of 16 dwellings with associated access.

(a)       The Planning Officer (LP) stated that: This application seeks outline permission for the erection of up to 16 dwellings with associated access.

All matters are reserved except for access from Canal Lane which would use a previously approved access point agreed as part of outline application 15/00944.

The application is located in Hose, the site itself is located to the rear of the existing built form of the village and forms what could be considered as a second phase to the previously approved 25 dwellings.

The site is currently a field with no presumption in favour of development, however the proposal does include a 37% mix of affordable housing.

The Borough whilst not deficient in terms of housing land supply, housing does remain one of the Council’s key priorities.

Since the publication of the committee report additional items have been received namely comments from the Parish Council and comments from the Lead Local Flood Authority.

The parish council object to the proposal on grounds of access and also request further archaeological details to be submitted.  Details of highways and access have been covered within the Committee report, in terms of archaeology conditions 23, 24 and 25 request such details.

The Parish Council have requested a contribution towards community facilities, however insufficient information has been presented to assess the requirement against CIL regulations in this instance. If Members are minded to approve the application, discussions can be held with both the parish council and the applicant regarding clarification and acceptance of the request.

Comments from the Local Lead Flood Authority have confirmed that the proposed development would be considered acceptable to Leicestershire County Council as the Lead Local Flood Authority subject to conditions relating to Surface Water, Construction Surface Water, SUDS Maintenance Plan and Schedule and Infiltration Testing.

It is considered that, on balance of the issues, there are significant benefits from this proposal when assessed under the NPPF in terms of housing supply and affordable housing in particular. 

The balancing issues are considered to be development of a greenfield site which is considered to hold limited weight particularly as this proposal forms a second phase to an existing outline planning permission and the site is allocated for development.

As such the application is recommended for approval subject to

conditions as set out in the report and the additional conditions advised by the lead local flood authority.

(b)       Neil Benison, from M-EC on behalf of the agent for the applicant, was invited to speak and stated that: developing the highways had been done in consultation with the Highways Authority. Access was improved in 2015 and deemed still to be acceptable. It introduced a chicane for traffic calming an added additional passing bay out of the village. No grounds to resist permission on highway grounds. The LLFA have no objection. Similar conditions to 2015. The attenuation pond naturally drains  ...  view the full minutes text for item PL37.3

Church Farm, Middle Street, Croxton Kerrial

Applicant:     Belvoir Estate - Mr Giles Bilton

Location:      Church Farm, Middle Street, Croxton Kerrial

Proposal:      Construction of new grain store

(a)       The Planning Officer (GBA) stated that: This application seeks full planning permission for the construction of an agricultural grain store building, positioned to a parcel of land east of the tenants farm holding being Church Farm, Croxton Kerrial. It is presented before the Development Committee due to the Tenant Cllr Botterill being a member of the Council

Proposals for agricultural buildings are generally supported in terms by policy within the NPPF, OS2 and C3 of the Local Plan Whereby local planning authorities should support the sustainable growth and expansion of all types of business and enterprise in rural areas, subject to the more detailed criteria within those policies, thus being reasonably necessary for the purposes of agriculture.

The new building will enable the family farming business of more than 60 year to grow and manage their business in a more efficient and cost effective way. The development will have little impact on the landscape, mitigation measures including appropriate size, design and location have all been considered in order to minimise the impact of the proposed new agricultural building on its surroundings.

Accordingly the application is recommended for approval as set out in the report.

Cllr Wyatt proposed to permit the application.

Cllr Cumbers seconded the proposal.

A vote was taken and the Members still in attendance at the meeting voted unanimously to permit.

Determination: PERMIT in accordance with the recommendation and conditions as set out in the report.

For the following reasons:

The principle of the proposed new grain store is considered to be acceptable, as is the design and siting. The extension would preserve the character and appearance of the conservation area and would have no adverse impact on adjacent properties. The proposal would also be acceptable in terms of highway safety. The proposal complies with policies OS1 and BE1 and accordingly, it is recommended for approval subject to conditions.

The application site boundary may be incorrect and require amendment. If amended plans are necessary they would be subject to re-consultation, which would expire after the date of this committee meeting.

Should the Planning Committee be minded to approve the application, it is requested that delegated powers are given to the Head of Regulatory Services to issue the planning permission after the expiry of  any re-consultation period.  This is subject to no new material planning matters being raised during that period.

To consider any other items that the Chair considers urgent

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