Agenda and minutes

Planning Committee - Thursday, 15th March, 2018 6.00 pm

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

Contact: Development Control 

Items
No. Item

PL83

Apologies for Absence

Minutes:

There were no apologies for absence.

PL84

Minutes pdf icon PDF 144 KB

To confirm the minutes of the previous meeting.

Minutes:

The members reviewed the minutes of the previous meeting.

 

Cllr Holmes proposed to approve the minutes of the previous meeting.

Cllr Greenow seconded the motion to approve the minutes of the previous meeting.

A Vote was taken to approve the previous minutes.

11 Councillors supported the motion.

0 Councillors opposed the motion.

0 Councillors abstained from the vote.

 

The minutes were unanimously approved.

PL85

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 Botterill declared a prejudicial and pecuniary interest in agenda item 4.7 – 17/01253/FUL.

PL86

Schedule of Applications

PL86.1

16/00352/OUT pdf icon PDF 388 KB

Field 3957, Manor Road, Easthorpe

Minutes:

Applicant: Mr Andy Norris

Location: Field 3957, Manor Road, Easthorpe

Proposal: Proposed residential development.

 

The case officer (JL) stated that:

 

  • Further details of the flood compensation scheme have been submitted, with the following slide showing the field where this is proposed to be located.
  • A condition is included to restrict height of development – the application is for outline permission and the elevations are indicative.
  • LCC Ecology and Highways have raised no objection to the application. LLFA and EA are satisfied, subject to inclusion of conditions, including finished floor levels.
  • The proposed flood alleviation details have been included in the report – this would involve digging down in the relevant field which would allow overflow near to the culvert, reducing water flow to further down stream in Easthorpe/ Bottesford.

 

Councillor Bayman was invited to speak, but was not present.

 

Ian Sparrow, as an objector, was invited to speak, and stated that:

·         He is a resident of Muston Lane, which is lane serving the application site

·         Access to the site is off Muston Lane

·         The new development would overshadow Muston Lane, and ruin all views

·         In response, all residents would build large fences to create privacy from the new development

·         The development is outside the village curtilage

·         There is no need for local housing in the area

·         Wildlife in the area will suffer

·         There is a sewage issue in Easthorpe, and in Muston Lane in particular

·         Muston Lane is very narrow and not suitable for development

·         There are highways and traffic issues with the site

·         Muston Lane has flooded, and this new development will only make that worse

A Cllr sought clarification on the fencing issue.

Mr Sparrow responded that neighbours to the development will be forced to build large fences to protect their privacy from the overshadowing from the new development.

A Cllr queried how often the site flooded.

Mr Sparrow responded that Muston Lane has flooded twice in the last 20 years.

 

Clive Wicks, as the agent, was invited to speak and stated that:

·         The development is of very high quality

·         The scheme has the support of both the LLFA and Highways Authority

·         Environment Agency have no issues with the scheme

·         New hedgerows will be planted on the site, and the original hedgerow will be retained

·         2 starter homes are within the scheme

·         The scheme is close to the village

·         The houses are only two stories with roof space

·         The floor levels on the site are higher to reduce flood risk on site

·         There is no contamination risk from this site, unlike other local sites

·         The scheme will redirect water from the village

·         The scheme is sustainable, and encourages members to support officer recommendation for approval

 

Cllrs had no questions for Mr Wicks.

 

The Case Officer responded to matters raised:

·         The height and number of storeys can be limited through conditions of approval

·         This is an outline application; elevation and siting are only indicative and would be the subject of reserved matters if approved.

·         There are no objections raised  ...  view the full minutes text for item PL86.1

PL86.2

17/01389/FUL pdf icon PDF 155 KB

Butlers Cottage, 11 Somerby Road, Pickwell

Minutes:

Applicant: Mr & Mrs Kavan Brook Shanahan

Location: Butlers Cottage, 11 Somerby Road, Pickwell

Proposal: Demolition of dwelling and the construction of 5 "Alms Style" 2 storey dwellings and associated gardens and garaging off a new single access from Somerby Road.

 

The Case officer (JL) stated that:

 

2 further comments have been received in support of the application. Much of the comments raised are already covered in the report.

 

Pickwell is the adjacent village to Somerby a Tier-2 village which has a variety of local resources including a Shop, Pub, Dr's Surgery, and a school. Somerby would easily be able to support the needs of these new home-owners in Pickwell. A variety of Somerby local businesses would also benefit significantly from increased local revenues.

 

Application is proposed to demolish 1 dwelling and erect 5 dwellings, just outside the conservation area. The applicant has proposed that one will be provided at 80% Market rental value, however it would be difficult for the council to have control over this.


Cllr Fynn, on behalf of the Parish Council, was invited to speak, and stated that:

·         This is a welcome development in the area

·         The scheme is to a high specification and integrates with the village

·         It will not disturb local wildlife

·         It creates a new footpath to the village centre

·         No detriment to anybody locally

·         Impacts do not outweigh the benefits

·         Pickwell is not an unsustainable village

·         Disagree with recommendation to refuse the scheme

·         In the neighbourhood plan, there is support for local small schemes and small units

·         There is proven local demand in the area

·         Local support for the scheme in the village

A Cllr asked if there had been any comments against the scheme.

 

Cllr Fynn responded that there had been no objections to the application.

 

A Cllr asked that the potential harm of the scheme was.

 

Cllr Fynn responded that there was no foreseeable harm to the scheme

 

Maurice Fairhurst, the agent, was invited to speak and stated that:

·         The applicant currently lives at Pickwell Manor

·         There is proven local demand for housing

·         The village and scheme is connected to Somerby, it is less that 1km

·         The village is not unsustainable

·         The scheme is for traditional Alms housing

·         This is not a significant development

·         Lots of care and thought within the application

·         The scheme will maintain highway safety

·         The scheme will offer competitive local rents

·         One of the houses will be offered for 80% market rent value to local people

·         Parish Council support the application

·         Conservation officer supports the application

·         There are no objections to the scheme

·         The benefits of the scheme outweigh the harm

 

Cllrs had no questions for Mr Fairhurst

 

Cllr Higgins, local Ward Councillor, requested to address the committee.

 

As Cllr Higgins was not registered to speak, Cllrs held a vote on whether to allow a new speaker.

 

Cllrs voted unanimously to allow Cllr Higgins to address the committee.

 

Cllr Higgins, the Ward Councillor, was invited to speak, and stated that:

·         The scheme contains very high quality housing  ...  view the full minutes text for item PL86.2

PL86.3

17/00048/FUL pdf icon PDF 349 KB

Field Nos 1586 and 9982, Washstones Lane, Frisby On The Wreake

Minutes:

Applicant: Mr & Mrs Simon Read

Location: Field Nos 1586 And 9982, Washstones Lane, Frisby On The Wreake

Proposal: New dwelling and outbuilding.

 

The Case Officer (GBA) stated that:

 

This is a full planning application for one house on land off Washstones Lane, Frisby on the Wreake.

 

There are no updates to the report

 

This is an application for a single dwelling proposal with all matters of design, access and landscaping for consideration. Whilst located in a sustainable village and therefore being acceptable in principle the specific location on this site is deemed to be too remote from the village to be classed as part of the village.

Walking to the centre of the village to access its services is challenging and therefore this further means that the development is difficult to describe as sustainable.

 

Finally, there are unresolved concerns of flooding as an acceptable sequential test is yet to be provided.

 

As such the application is recommended for refusal.

 

Members agree unanimously to let the Ward Councillor address the committee, despite not being a registered speaker.

 

Cllr Baxter, on behalf of the Parish Council, was invited to speak and stated that:

·         Frisby is a small and rural village

·         This application is outside the village envelope

·         The neighbourhood plan is past examination and is going to referendum, so has significant weight

·         The local plan says that Frisby needs to take an allocation of 68 dwellings, and the neighbourhood plan allocated 78.

·         98 permissions have already been granted within the village

·         There is the risk of urban sprawl across Frisby

·         The original consent for the site has not been adhered to

·         This development is for another new dwelling

·         This application should be refused with the officers recommendation

 

Councillors had no questions for Cllr Baxter.

 

Jonathon Ball, as an objector, was invited to speak and stated that:

·         This is a countryside development

·         This application will set a precedent within the village

·         The site is within flood zone 2

·         High risk of flooding, so a sequential test is required

·         The sequential test with this application is not sufficient

·         It is near the railway line, which cannot be mitigated against

·         There are highways issues on site, and it is near a blind bend and within a 60mph limit

·         Location is too remote to the village

 

Councillors had no questions for Mr Ball

 

Liam Doherty, as the agent, was invited to speak and stated that:

·         This is a brownfield site

·         It is on the edge of the village

·         Previous permission for barn was granted in 2013

·         This will be a carbon neutral home

·         Sequential test is sufficient

·         Gate and footpath link to the village

·         The development is sustainable

·         This is an exceptional design

·         The benefits outweigh the harm for this application

 

A Cllr questioned the increase in hardstanding area on site for the increasing flood risk.

 

Mr Doherty replied that it was not significant as it is a brownfield site.

 

Cllr Hutchinson, as Ward Councillor, was invited to speak and stated that:

·         There used to be  ...  view the full minutes text for item PL86.3

PL86.4

17/01346/FUL pdf icon PDF 309 KB

Bottesford Filling Station, Grantham Road, Bottesford

Minutes:

Applicant: PDRH Limited - Peter Dunn

Location: Bottesford Filling Station, Grantham Road, Bottesford

Proposal: Proposed retail convenience store, associated external works and access alteration.

 

The Assistant Director of Strategic Planning and Regulatory Services stated that the recommendation for this application had changed to a recommendation to defer due to the number of late representations and new information that had come forward, that needed time to be considered, so should be deferred.

 

The Chair proposed a deferral of the application.

 

Cllr Posnett seconded the motion for deferral.

 

A vote was taken on the motion to defer.

 

11 Councillors supported the motion.

0 Councillors opposed the motion.

0 Councillors abstained from the vote.

 

The motion passed unanimously. The application was deferred.

 

DETERMINATION: DEFERRED in order to consider the content of the recently submitted representations.

PL86.5

17/01098/OUT pdf icon PDF 99 KB

Field 7900, Wartnaby Road, Ab Kettleby

Minutes:

Applicant: Chris & Ian Carr

Location: Field 7900, Wartnaby Road, Ab Kettleby

Proposal: Construction of 10 new dwellings with community carpark and bus turning area.

 

The Case officer (JL) stated that:

 

The agent states that they can provide a footway on the North side of the road but it will not meet 6c’s guidance of 2m width – but neither do most footways in the village. Notwithstanding this the applicant would agree to using the Southern footway if more acceptable to the Highways Authority.

 

The agent highlights the Parish Council’s comment was relating to dwellings “to attract young families as the plot is adjacent to the school” – the outline mix of houses is for two 2 bed, six 3 bed & two 4bed – this meets the requirement. There is no policy requirement for “affordable” social housing to be provided on a site of this size.

 

The application seeks outline permission, however access and flooding issues have been resolved. The site is not allocated in the local plan and does not form an exception site (as not providing affordable housing). The site is outside the village envelope.

 

 

Richard Cooper, as the agent, was invited to speak and stated that:

·         Ab Kettleby is a rural hub in the local plan

·         Allocation site ABK1 is on the wrong side of the A606

·         This site has support from the Parish Council

·         Neighbourhood plan research shows that the village needs more housing

·         The village is sustainable, as it is a rural hub

·         Additional housing will improve the viability of the village

·         This site provides a play area and a bus turning area

·         This is only an outline application

·         Impacts do not outweigh the benefits

 

A Cllr queried the bus turning area

 

Mr Cooper responded that it is designed for the local school bus, which currently turns in a dangerous spot near to the school itself.

 

A Cllr stated that Ab Kettleby needs more housing or the village will die out. There is no bus service in the village but there are a lot of traffic issues and parking is problematic. This application has a lot of both positives and negatives.

 

A Cllr reiterated that there is no bus service within the village, but there is a bus organised four days a week by County Hall, that visits the village and Melton Mowbray town centre.

 

A Cllr queried how many dwellings have already been approved within the village.

The Applications and Advice Manager responded that 3 dwellings had been approved.

 

A Cllr stated that the current bus turning area is very dangerous, and that this scheme has a lot of positives and negatives.

 

A Cllr commented that this site is not allocated in the local plan, so cannot support the application.

 

The Assistant Director of Strategic Planning and Regulatory Services commented that the relevant Neighbourhood Plan is at the very early stages.

 

A Cllr commented that the neighbourhood plan should have no weight and that the local plan still only has limited weight, and this type  ...  view the full minutes text for item PL86.5

PL86.6

17/01421/OUT pdf icon PDF 166 KB

37 Main Street, Great Dalby

Minutes:

Applicant: Mr Robert Bindloss

Location: 37 Main Street, Great Dalby

Proposal: Erection of one three bedroom bungalow with additional detached garage.

 

The Case Officer (JL) reported that there were no late items to report.

 

Cllr Johnson, on behalf of the Parish Council, was invited to speak and stated that:

·         There are concerns about this site

·         There are a change in ground levels on the site

·         There are surface water issues within the village

·         There are right of way and footpath issues on this site

·         This site is outside the village envelope

·         Support the officer’s recommendation for refusal of application

·         This site used to be paddock land

·         This is a greenfield site

 

Councillors had no questions for Cllr Johnson.

 

Robert Bindloss, the applicant, was invited to speak and stated that:

·         There were five years of negotiation before buying this land

·         Wife suffers from progressive Arthritis, so needs a bungalow

·         Want to remain part of the village

·         There was lots of rubbish and fly tipping on the site

·         The footpath was previously unpassable

·         Pond on site will be cleaned

·         Footpath will be far larger than it is now

·         The drainage and flooding issues nearby will be relieved

·         The site is not overlooking neighbours

·         There are no highways or traffic issues

·         The two traffic issues on site were caused by drunk-driving and not due to other issues

A Cllr asked how the flooding issues would be relieved.

 

Mr Bindloss responded that there will be a land drain created and a new drainage system.

 

The Case Officer (JL) stated that there were no further updates.

 

A Cllr stated that there is a lot of back land development within the village, which is supported by PINS, and there has been a lot of appeals recently in the area.

 

A Cllr stated that in this application, the benefits do not outweigh the impacts.

 

A Cllr stated that if the scheme is well designed, it may not damage the conservation area, and that the current application is only an outline.

 

Cllr Wyatt proposed to permit the development, as there is no substantial harm from the site.

 

Cllr Posnett seconded the motion to permit, as there were no objections from any statutory consultees, the land is within their ownership and the footpath will not be an issue.

 

A Cllr raised concerns about the footpath width, as it looks quite narrow.

 

A Cllr responded that the footpath will now be alongside and the length of the driveway.

 

A Cllr stated that they cannot support the motion to permit, as it is against the officer’s recommendation.

 

A Cllr stated that this application is only an outline application, so need more information before the impact on the conservation area can be accurately assessed.

 

The Case Officer (JL) stated that the conservation area is for a linear village, a fact which has been repeatedly been mentioned in appeals and appeal decisions.

 

A Cllr stated that they had concerns about the site access and the footpath.

 

A Vote was taken on the motion  ...  view the full minutes text for item PL86.6

PL86.7

17/01253/FUL pdf icon PDF 224 KB

Church End, 29 Middle Street, Croxton Kerrial

Minutes:

Applicant: Mr & Mrs Richard Botterill

Location: Church End, 29 Middle Street, 29 Middle Street, Croxton Kerrial

Proposal: Construction of new dwelling and alterations to existing access.

 

 The Case Officer (GBA) reported that:

 

This is a full planning application for one house on land off Middle Street, Croxton Kerrial.

 

Two updates following the publication of the report:-

a)         Two further separate representations from the residents of 27 Middle Street who maintain concern of how the size and position of the proposed building would be an overbearing impact on their home and view of the village from the approach. There is also concern of the windows of the proposed building will be directly visible to and from bedroom windows.

As previously commented, there is no objection to the principle of the building, rather the current size in relation to our home and the remainder of the village with suggested changes.

b)         The parish council have responded showing an appreciation for the reduced the height of the house and the scale by removing the garage and changing the overall design. They have no objection to the house in principal but are concerned about the height, relationship to the Grade II* listed church and the impact on the northern entrance to the village. Consider it needs to be ‘hankered down into the landscape with other suggestions made which align with the views of the MBC planning department.

 

Despite this the applicant wishes to have determination as the house currently sits and is designed.

 

This is a single dwelling proposal with all matters of design, access and landscaping for consideration. Whilst located in a sustainable village and therefore being acceptable in principle the specific location on this site is deemed to have an impact on the conservation area and the grade II* listed church. The development of this site would result in the loss of what is considered one of the most important aspects of green infrastructure within the conservation area, where the open, undeveloped nature of the site accommodates expansive views from the approach / departure into the village, and most significantly towards the adjacent Grade II* listed St John the Baptist Church.

For this reason on balance, it is considered that the benefits of one house in an area where there is many allocations for housing already does not outweigh the  impacts of impact to the conservation area and listed building.

 

In reference to the concerns over neighbour amenity it is viewed that the 8.6m distance is sufficient for a one and half storey extension.

There is also no window proposed on this side to be considered an impact in terms of privacy.

 

However owing to the concerns of heritage impact, the application is recommended for refusal.

 

 

Richard Botterill, the applicant, was invited to speak and stated that:

·         There is no adverse effect on the church

·         No adverse effect on the conservation area

·         No views of church from the proposal site

·         72m from site to the church

·         Other approved applications have had a  ...  view the full minutes text for item PL86.7

PL86.8

17/01295/FUL pdf icon PDF 189 KB

Brook House, 6 Main Road, Twyford

Minutes:

Applicant: Mr Michael Jackson

Location: Brook House, 6 Main Road, Twyford

Proposal: Storage Building

 

The Case Officer (JL) stated that:

 

No late items to report. Proposal is for a storage building, located in Flood Zone 3. The building is not within the residential curtilage of the property for which it is associated with and it is proposed that the building will be used to store general maintenance equipment. The application is before the committee as it is contrary to planning policy as it is outside the village envelope.

 

 

Mr Jackson was invited to speak, but was not present.

 

Cllr Holmes proposed to approve the application, in line with the Officer’s recommendation.

 

Cllr Wyatt seconded the motion to approve the application, in line with the Officer’s recommendation.

 

A Vote was taken on the motion to approve the application.

 

11 Councillors supported the motion.

0 Councillors opposed the motion.

0 Councillors abstained from the vote.

 

The motion passed unanimously. The application was approved.

 

DETERMINATION: APPROVED subject to the conditions as set out in the Committee report, for the following reasons:

 

The adjacent land is used for recreation by the applicant, and the building is required for storage of equipment used to maintain the land.  It is considered that given the relationship with the applicants dwelling, and the proposed siting, with adequate access from Main Street, that the proposed storage building for personal use is acceptable in this location. It has been demonstrated that there has not been a detrimental impact upon the countryside resulting from small scale development which is considered to be of appropriate design. Likewise the sensitive siting set well back from the highway ensures that the intrinsic character of the area is not harmed.

 

PL87

Appeal Update for 16/00100/OUT pdf icon PDF 191 KB

White Paper presented by the Assistant Director of Strategic Planning and Regulatory Services for the planning appeal for 16/00100/OUT – Field 3300, Oakham Road, Somerby

Minutes:

Update for Appeal for application 16/00100/OUT

 

The Assistant Director of Strategic Planning and Regulatory Services distributed a new report for the appeal update for application 16/00100/OUT.

 

A Recess was taken at 20:29 to allow Councillors to read and take in the new report.

 

The meeting continued at 20:35.

 

Councillors are asked to note the findings from the report.

 

DETERMINATION: the content of the report was noted.

 

PL88

Urgent Business

To consider any other items that the Chair considers urgent

 

Minutes:

A Cllr queried the timing of the next site visit, as it is scheduled to take place on Easter Monday.

 

The Applications and Advice Manager responded that the site visit will take place on Tuesday 3rd April instead of Easter Monday.

 

A Cllr stated that the Ward Councillor should be called on first in the debate, as they are often more knowledgeable of the application and the area.