Agenda and draft minutes

Planning Committee - Thursday, 1st February, 2018 6.00 pm

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

Contact: Development Control 

Items
No. Item

PL73

Apologies for Absence

Minutes:

None

PL74

Minutes pdf icon PDF 169 KB

To confirm the minutes of the previous meetings on 04.12.17 (Special Meeting of the Planning Committee) and 11.01.18

Additional documents:

Minutes:

Minutes of the meeting held on 04.12.17 (Special Meeting of the Planning Committee) and 11.01.18.

 

Approval of the minutes of the meeting on 04.12.17 was proposed by Cllr Holmes and seconded by Cllr Chandler. It was unanimously agreed that the Chair sign them as a true record.

 

Minutes of meeting on 11.01.18 were unanimously agreed to be deferred as all Members had not had enough time to consider them due to a delay in publishing.

PL75

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:

The Chair stated that Cllr Orson, Ward Councillor for Old Dalby, would like it noted that he would not be speaking regarding application 17/00397/OUT – Land opposite 1 And 10 Station Lane, Old Dalby due to a disclosable pecuniary interest.

 

Cllr Baguley declared a personal and pecuniary interest in application 17/00507/COU - The John Dory, 2 Rutland Square, Barkestone-Le Vale.

 

Cllr Holmes declared a personal interest in application 14/00808/OUT – Field No 3968, Melton Spinney Road, Thorpe Arnold and noted that she had been advised by officers that she did not have to declare an interest as she had no input with the local plan and could take part in the decision. She felt unable to due to emails she had received.

 

Cllr Posnett declared a personal and pecuniary interest in applications 14/00808/OUT - Field No 3968, Melton Spinney Road, Thorpe Arnold and 17/1019/FUL - Gates Nurseries And Garden Centre, Somerby Road, Cold Overton

 

Cllr Glancy declared a bias regarding 14/00808/OUT - Field No 3968, Melton Spinney Road, Thorpe Arnold. She noted that she was also ward Cllr for this application and would like to address the committee members prior to leaving the room for the duration of the application hearing.

PL76

Schedule of Applications

PL76.1

17/00997/OUT - Report Withdrawn From Agenda

Field No 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 31no dwellings (re-submission of 16/00100/OUT)

 

(a)  The Head of Strategic Planning and Regulatory Services stated that the application had been withdrawn from this committee due to further information still arriving which needed to be publicised and considered.

 

 

Cllr Holmes and Cllr Posnett left the meeting at 6.10pm due their interest in application 14/00808/OUT.

PL76.2

14/00808/OUT pdf icon PDF 502 KB

Field No 3968, Melton Spinney Road, Thorpe Arnold

Minutes:

 

Applicant:     Taylor Wimpey UK Ltd

 

Location:      Field No 3968, Melton Spinney Road, Thorpe Arnold

 

Proposal:      Residential development for up to 200 dwellings including means of access, open space and associated development

 

The Chair explained that Cllr Glancy would be present for the Officers report and then make her statement before leaving.

 

(a)       The Head of Strategic Planning and Regulatory Services stated that: Long standing application raising many issues.

The application proposes 200 dwellings and the following are the key issues,

 

·         Level of affordable housing: proposes 10% affordable housing, of which 25% would be bungalows –note narrative explaining viability appraisal and gov. policy on this subject.

·         the Local Plan and the NPPF – site is part of the North SUE and is contributing some parts in accordance with emerging policy

·         Transport issues: Highway safety, traffic impact and public transport – highways satisfied with the  impacts subject to  a series of mitigations secured by conditions and s106, including of course the contribution to the MMDR. Highways have also looked at the detailed issues raised by residents (e.g. the pinch point, twin lakes traffic etc.) and consider the application acceptable

·         Impact upon residential amenities – site is in outline and whilst an approach has been suggested, this is not fixed. However the site is large and there are no doubts an acceptable scheme can be developed. Members are invited to specify any essentials to achieve this in the conditions.

·         Infrastructure and facilities: A contribution to schools police, libraries and waste in order to maintain capacity.

·         Ecology – no issues , the conditions requested can be accommodated

·         Proximity to, and effect upon, Melton country park – again a scheme is presented but is indicative. Members are also invited to specify their minimum requirements having heard the comments

 

Further comments on the adequacy of the contribution and the prospects should the MMDR funding bid not be successful. The response is as follows;

 

  • HA believe inclusion in the wider solution (MMDR) better than bespoke measures for the app in isolation.
  • off-site measures would likely have resulted in a situation where no single development would be able to proceed, or simply accept residual severe impacts.
  • A contributions-based approach could result in shorter-term impacts prior to the delivery of mitigation measures, in accordance with LCC Cabinet’s resolution in September 2015
  • It is correct to identify that there could potentially be a shortfall in developer contributions towards the MMDR if the £8,653 per dwelling rate is applied to all sites throughout the Melton North Sustainable Neighbourhood;
  • However The MMDR bid includes the northern section of the MMDR, and takes account of the £8,653 per-dwelling from developers
  •  Should the bid prove unsuccessful there will be further opportunities to obtain public funding and that the scheme will be very well placed to take advantage of these, given the strength of the case
  • In the (highly unlikely) event that no public funding is secured specific segments of the road would be built in parallel with development parcels with specific trigger points as  ...  view the full minutes text for item PL76.2

PL76.3

17/001234/OUT pdf icon PDF 480 KB

Land off Sand Pit Lane, Long Clawson

Minutes:

Applicant:     Davidsons Developments Ltd

 

Location:      Land off Sand Pit Lane, Long Clawson

 

Proposal:      Residential development of up to 55 dwellings, together with new areas of public open space ,access, landscaping and drainage infrastructure

 

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

 

This is a duplicate application to that considered on 4th December 2017.

           Issues are the same and representations very similar

           However one notable difference is the position of the LLFA who are seeking additional information regarding the impact on the adjacent pond. This is a ‘holding objection’ but given more fundamental issues we believe it is acceptable to proceed without resolution.

           Finally the recommendation – and Members will not this is based only on the content of the NP so only fair to point out it does not replicate the Committee’s full findings from 4th December – the heritage reason. This is recited in full on page 1 for reference

 

We have received a request to defer from the applicant:

 

Following the Committee’s decision to refuse the original application at its meeting on the 4th December 2017, adding a heritage reason for refusal contrary to officer recommendation, we have been undertaking further work to review the specific concerns of Councillors and have been undertaking further work to deal with the concerns raised.  It is our intention to submit this further work in relation to the second application.  We are also looking to address the additional points raised by the Lead Local Flood Authority.

Given the above, we are concerned that for the Committee to make a decision on the application before it has had the opportunity to properly consider this additional information would be clearly premature and prejudicial to a proper and considered assessment of the proposals taking account of all relevant information.

 

Accordingly we would strongly urge you to defer consideration of the application until officers and members have had the opportunity to consider the additional information we will be submitting in due course.  I would be grateful if you could consider whether, given the above, the item can be removed from the Agenda ahead of the meeting.

 

A response has been received from an objector:

 

a.         The Planning Committee strongly supported refusal of the first Sandpit Lane application both on heritage grounds and because it was contrary to the Clawson, Hose and Harby NP which carries significant weight.

b.         A good case was put on the heritage at the meeting on 4 December and indeed Heritage England has now reinforced its stance in the latest application in its letter of 20 November with particular reference to the Manor Farmhouse fishpond. How can the applicant consider that he can change History and provide additional information on heritage at this stage – they have had over two years to address this.

The Chair proposed deferral of the application.

 

Cllr Cumbers seconded the proposal.

 

A vote was taken. 5 Members voted for deferral and 5 Members voted against deferral. There was 1 abstention. The  ...  view the full minutes text for item PL76.3

PL76.4

17/00397/OUT pdf icon PDF 579 KB

Land Opposite 1 And 10 Station Lane, Old Dalby

Minutes:

Applicant:     Mrs Sarah Grey

 

Location:      Land Opposite 1 And 10, Station Lane Old Dalby

 

Proposal:      Residential development of up to 72 dwellings (revised from 80 dwellings), associated infrastructure and landscaping

 

(a)       The Planning Officer (GBA) stated that: The following application relates to an outline application  with access off Station Road, Old Dalby for up to 72 dwellings, revised for an initial 80 when originally submitted.

Since the publication of the report last week, there have been no updates to report.

On site visit there were queries relating to Pinks which were found to not be a hindrance to the proposal and there are no conditions on the operation of the business units at the industrial estate.

The scheme presents increased housing supply in an area that is adjacent to employment opportunities and public transport links to opportunities nearby.

It is also close to Old Dalby which presents an area with a primary school and forms a rural supporter status in the most recent research into areas in Melton for new housing.

The site is  also brownfield which is strongly recommended for development in the recent housing white paper and in national planning policy and guidance.

The scheme is an allocated site within the Dalby neighbourhood plan which further carried weight to in the determination of the application.

It is noted that the site does have land uses that are considered noisy environments. However the scheme has been required to put a fence to mitigate against the impacts of the development of noise along with a robust mitigation scheme that will need to be agreed as part of a subsequent reserved matters application.

The railway test track has conditions on its use also which limits the activity on this during unsociable hours.

Contamination remains to be monitored and cleared by way of a robust scheme which has been controlled by conditions.

Finally, the development is to provide a large expanse of the development area to ecological improvements in the area.

On balance the development is proposed to offer increased housing supply on brownfield land in a reasonably sustainable location.

It is in conformity with the neighbourhood plan and offers ecological improvements with section 106 contributions towards education and other key facilities.

As such weighing up all issues the scheme is recommended for approval as per the report.

 

(b)       Cllr Schmidt, on behalf of Broughton & Old Dalby Parish Council, was invited to speak and stated that:

 

  • We object to the number of proposed houses, it should be a smaller number.
  • Should consider all of the emerging policies. Consider Policy H4
  • Concerns regarding density and size.
  • Should be more homes suitable for older people and the less mobile.
  • Concerns regarding parking spaces. There should be a minimum of 2 parking spaces and more for larger properties.
  • The play area should be in more central space and accessible for all .
  • Applications submitted for section 106 but these haven’t been considered in the report.
  •  

There was a discussion regarding the minimum and maximum number  ...  view the full minutes text for item PL76.4

PL76.5

17/00507/COU pdf icon PDF 142 KB

The John Dory, 2 Rutland Square, Barkestone-Le Vale

Minutes:

Applicant:     Mr Mike Timson

 

Location:      The John Dory, 2 Rutland Square, Barkestone Le Vale

 

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

 

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

 

Late Items

Committee members have been provided a copy of a time line produced by the BHG group and an email from the Applicant, both stating the current situation (as they see it) in relation to the offer on the property.

The applicant has stated the following:

Offer was received on 8th Jan, included 160k purchase price and an agreement of an overage clause of up to 100k.

Offer was accepted (and still acceptable) but insufficient proof of funding was provided.

After this the applicant requested a 10k non-refundable deposit, payable to solicitor to give confidence that funds were available.

Upon payment of deposit, applicant was happy to issue heads of terms and issue a 6 month exclusive option to buy and completed purchase. Also agreed to withdraw planning application on receipt of deposit.

This has now been withdrawn from BHG and replaced with a new offer, void of overage agreement, with no offer of non-refundable 10k deposit and no proof of funding. In addition to this, a lease option has also been on offer to the BHG.

Since the previous meeting, there has not been any further progress in relation to the sale or lease of the property. Whilst a sale price has been agreed, there is still an outstanding issue in relation to the proposed overage agreement. This is proposed to be of a monetary value of 100k, to be paid 6 months after the grant of permission for the change of use of the property (other than to use classes A1, A2, A3 and A4).

An ACV was placed on the property on 22nd January, and this can be considered as a material consideration, however it is for the Committee to determine the weight that they give this.

The property has been closed as a public house since October 2016 and for sale in March 2017.

(b)       Cllr Steve Jackson, on behalf of Barkestone, Plungar & Redmile Parish Council, was invited to speak and stated that:

  • Residents want to build abetter future and it is a strong community.
  • The local hub group are trying to raise funds to buy it and residents are putting their own money in.
  • On the market at an inflated price.
  • Not a genuine attempt to sell as a pub.
  • Any efforts to find an agreement have been batted away.
  • The vacant building could fall in to disrepair.
  • The houses are not needed.

 

A Member asked if they had had a full survey.

Cllr Jackson confirmed he didn’t know the answer.

 

(c)        Mr Steve Exwood (Barkestone Hub Group), on behalf of the objectors, was invited to speak and stated that:

  • The group was formed 2 years ago.
  • Want to create a sustainable hub using a well tested model.
  • Community to buy the building. In a strong position and they can complete.  ...  view the full minutes text for item PL76.5

PL76.6

17/01107/FUL pdf icon PDF 408 KB

Old School House, 2A Church Lane, Wymondham

Minutes:

Applicant:     Caister Castle Trust

 

Location:      Old School House, 2A Church Lane, Wymondham

 

Proposal:      Change of Use to form three dwellings including the demolition of the old canteen area

 

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

 

The following application relates to a full application for the change of use of and old school house to three dwellings involving the demolition of the canteen area marked store on the floor plans.

They will be 1 one bedroom property and two three bedroom properties.

This is a re-submission of a previous application reference 13/00574/FUL that was approved in October 2013.

 

Since the publication of the report last week, there has been an additional representation in support of the proposal from a member of Parochial Church Council of St Peter's Church.

They raise concern over the amount of  vehicles park in the road which makes some manoeuvres difficult. It has been considered that the parking might be insufficient therefore for the dwellings proposed.

They are however in favour of the demolition of the buildings which are an eyesore and re-development of the site for private housing.

 

The scheme presents new dwellings in a sustainable village that will  re-use  a redundant building for two dwellings that meet local need.

 

They have been seen to suit highway access and parking standards.

 

It is noted that there is concern about the proximity of this development to the village hall bit it would still be able to function and is still subject to conforming to Environmental Health Guidelines. Any new development occupiers will also be aware of the nearby land uses.

 

It is considered to be speculative whether events would be held which in turn may generate complaints from new residents. This in turn would be the subject of further assessment under Environmental pollution legislation to determine if they are a statutory Nuisance based on volume , frequency and the nature of noise, and only could restrictions be imposed. There is further doubt as to whether any such restrictions would impact on the operation of the Village Hall and affect its bookings. It is therefore considered that, whilst the concern is recognised, there are so many ‘variables’ involved that it is far from ‘sound’, ‘clear cut’ or supported by firm evidence and as such would not form a legitimate reasons for refusal.

 

On the balance of all the issues therefore and that this represents a re-submission of a previous scheme it is recommended for approval as per the report.

 

(b)  Matthew Williams, on behalf of Wymondham & Edmondthorpe Parish Council, was invited to speak and stated that: they have concerns regarding –

 

  • T1 cumulative impact on traffic flows.
  • Inadequate parking.
  • Building design.
  • Should minimise impact on general amenity.
  • Exit on to a narrow cul de sac. No off road parking.
  • Density – existing building just matches the footprint.
  • Contravenes neighbourhood plan.
  • Noise measures.

 

The Chair announced that it was 9.30pm and time to review whether Members wished to continue. He proposed to proceed to finish the agenda. A vote  ...  view the full minutes text for item PL76.6

PL76.7

17/01375/FUL pdf icon PDF 248 KB

9 Station Road, Bottesford

Minutes:

Applicant:     Ms Charlotte Burrows

 

Location:      9 Station Road, Bottesford

 

Proposal:      Erection of one 1.5 storey 3-bedroom dwelling house

 

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

The has been one late representation in support of the application has been received – village needs property of this quality and would rather see this sort of development than any large housing proposal.

 

The application seeks permission to construct a 1 ½ storey property with three bedrooms. The proposal would provide off street parking for two cars. There is currently an application for the proposed remodelling and minor extension to the existing property at no 9, which has yet to be determined. The application site is not within a conservation area and is in flood zone 1

.

Cllr Chandler proposed to permit the application as it fits in to all policies. However she commented that she has concerns regarding the size of the property, the lack of bus service, the foot path, parking and manoeuvring on to Station Road. Received complaints regarding the amount of traffic.

 

The Chair asked if there was deemed to be a turning area for the parking.

The Planning Officer (JL) responded that there wasn’t.

 

Cllr Wyatt seconded the proposal.

 

A Member raised concerns regarding the lack of parking for an application for a bungalow.

 

The Chair reminded Members that is a separate application to come before the Committee which may or may not meet their requirements but they can’t pre-empt what may come.

 

The Planning Officer (JL) advised that the bungalow is an application to the north which is due for decision. There is a garage for the proposed property but that is not where this dwelling is located.

 

The Chair asked if it could be brought to committee.

 

A Member commented that they had not received anything regarding the pending application.

 

A vote was taken by Members still present and was unanimous.

 

Determination: PERMIT, subject to the conditions set out in the report

 

REASON: The site lies within Bottesford and close to the train station and has a regular bus service. Although the proposed design of the dwelling is modern, there is no strong character to the dwellings along Station Road. The proposed materials (white render and slate tiles) are considered acceptable for this design and location, these materials are seen on other nearby properties. Taking into account the height of the dwelling compared to neighbouring properties and the lack of first floor windows to the rear,  is not considered that the proposed dwelling would have an impact on the amenity of neighbouring occupiers harmful to such a degree to warrant the refusal of the application.  Therefore it is considered that the proposed development benefits from a presumption in favour of sustainable development under the Saved Local Plan Policies and the NPPF.

 

PL76.8

08/00326/FUL pdf icon PDF 505 KB

Beeby’s Yard, Burton Street, Melton Mowbray

Minutes:

Applicant:     Mr G Dawkins

 

Location:      Beeby’s Yard, Burton Street, Melton Mowbray

 

Proposal:      Conversion of existing buildings to form 7 one and two bed terraced houses and erection 4 two bedroom terraced dwellings

 

(a)       The Applications and Advice Manager (LP) stated that: There are updates to the report, firstly the revised developer contributions have been received from the County Council, no request has been made towards civic amenity or libraries, however a secondary school contribution of £29,853.20 is now required should permission be granted, therefore if members are minded to approve the application there would need to be a condition requesting the monies through the agreement of a Section 106 obligation.

Secondly, additional details have been sought from the agent following member’s questions at committee briefing, and the agent has confirmed that the gables could be Granite set, should members approve the proposal.

The application seeks permission for the conversion of the existing buildings to form 7 x one and two bed terraced houses and the erection of 4 x two bedroom terraced dwellings, forming a total of 11 dwellings.

The site is considered to be a brownfield site with a presumption in favour of development, with Melton Town Centre being considered a sustainable location for new housing development.

The proposal does sit within the Conservation area of Melton and many of the buildings contribute significantly to the character and appearance of the conservation area.

 

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

 

A Member asked if it is a conservation area and it was confirmed that it is.

 

A Member asked if the cobbles would be made of granite and if not would like it conditioned that they are.

 

A Member disagreed and felt that cobbles are awful for walking on and difficult for wheelchairs and prams to navigate. If cobbles have to be incorporated then recovered ones could be used decoratively. Also concerns regarding the narrow entrance.

 

A Member raised concerns regarding access for the fire service and asked if they had been consulted.

 

The Applications and Advice Manager (LP) confirmed that the fire service is not a statutory consultee and not been contacted.

 

The Head of Strategic Planning and Regulatory Services commented that this is overcome by the length of hoses.

Cllr Greenow proposed to permit the application subject to a condition regarding granite cobbles and provision for a section 106 for secondary school contributions.

 

Cllr Botterill seconded the proposal.     

 

A Member raised concerns regarding the access point, over intensification of the site and lack of parking spaces.

 

The Head of Strategic Planning and Regulatory Services advised that there is no requirement for parking spaces due to its location in a town centre but 19 spaces had been provided.

 

A Member noted that there needs to be a proper flat footpath access as well as the cobbles.

 

Cllr Greenow, the proposer, agreed to amend his condition regarding cobbles to also include a suitable pedestrian access.

 

Cllr Botterill, the seconder, agreed.

 

A vote  ...  view the full minutes text for item PL76.8

PL76.9

17/01019/FUL pdf icon PDF 320 KB

Gates Nurseries And Garden Centre, Somerby Road, Cold Overton

Minutes:

Applicant:     Mr Nigel Gates

 

Location:      Gates Nurseries And Garden Centre, Somerby Road, Cold Overton

 

Proposal:      Proposed Retail Unit with Offices above

 

(a)       The Applications and Advice Manager (LP) stated that: There are updates to the report, since the report has been published, two additional comments have been received one letter supporting the application, stating that a real farm shop within working distance of the many elderly residents in Cold Overton will be a big positive.  The ability to source bread, milk and local produce without having to drive to Oakham will be significant for many residents.  Whilst I am aware of the beeping referred to by others, this is the same for every other delivery van and oil tanker that service the houses in the village and operations cease at around 5.30pm daily. 

In addition a further objection has been received stating that the proposal will increase traffic leading to erosion of the local tranquillity and posing a risk to young children living at the property, increased fork lift truck activing with intrusive noise which is present from 7:30am to 7pm the extension will result in more noise which prevents using the garden on weekends to its intrusive nature.  Also the two storey building will affect the view from the back of the house by projecting above the natural horizon and will be overlooking the back of the house.  Flood lights are often left on around the property this has two effects of causing light pollution at night but also affects night time driving by mimicking on-coming car headlights and effecting visibility due to “dazzle” effect. The new property will presumably also have floodlights.  These factors will affect the natural beauty of the area, increase the risk to pedestrian traffic and reduce the value of properties.

Both of these letters raise points that have been addressed within the committee report.

The agent has also contacted me with regards to condition 7 of the report stating that the condition would undermine the viability of the shop because there will be a lack of variety of products available within the arbitrary catchment imposed.  As stated the application documents, it is the intention of the applicant to sell locally sourced meat, food and drink products, but he has to look beyond a 25 mile radius to obtain the range of products necessary to satisfy his customer demands.  Furthermore the applicant requires the ability to change the stock in response to changing markets.  Continually seeking written agreement on updated produce lists to sell is not a reasonable or viable option.

Should members resolve to approve the application they should consider the existing wording of condition 7 and amend should they wish.

That is the end of the updates.

The application seeks permission for the introduction of a new retail unit with offices above, the ground floor would be used for the retailing of locally sourced meats, food products and drinks, the first floor would be used for office accommodation of new administrative staff.

The  ...  view the full minutes text for item PL76.9

PL77

Urgent Business

To consider any other items that the Chair considers urgent

 

Minutes:

None