Agenda and minutes

None

 

To confirm the minutes of the previous meeting on 26.07.18

Minutes of the meeting held on 26^th July 2018

 

Approval of the minutes was proposed by Cllr Greenow and seconded by Cllr Holmes. It was unanimously agreed by the members present at the previous meeting 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 Rhodes and Cllr Posnett both declared a personal interest due to their roles as County Councillors.

 

The Chair stated that Cllr Orson would like it noted that he would not be speaking as Ward Cllr regarding the Old Dalby item (item 6 on the agenda) due to a pecuniary interest.

 

Millway Foods, Colston Lane, Harby

Applicant:     First Provincial Properties Ltd – Mr Nigel Griffiths

 

Location:      Millway Foods Ltd, Colston Lane, Harby

 

Proposal:      Residential development of up to 82 dwellings, following demolition of existing buildings & structures (Amended from:- Residential development of up to 31 dwellings & 10,000 square feet of workshop (Class B1) employment space, following demolition of existing buildings and structures)

 

 

(a)       The Planning Officer (GBA) stated that: The following application is for 82 dwellings with all matters reserved apart from access which has been deemed acceptable by colleagues at Leicestershire County Council highways.

Please note however this access is from Colston Lane not Pasture Lane as per the report.

 

The application has been revised during the process of the determination from originally 31 dwellings with 10k square feet of office space.

 

The matter of how this revision has been made has been commented on by a number of members of the public; I trust that pages 20-21 give clarity on this.

In summary, as the application has been re-consulted upon in full with a full suite of new plans and all parties have had the opportunity to make comment it is viewed that this is acceptable under what is called the Whitfield principle.

 

The proposal is primarily adjudged against the Clawson, Hose and Harby neighbourhood plan being the development plan relevant in this area.

 

Owing to its housing number being well more than the figure identified by the neighbourhood plan with no compelling other material considerations adjudged to be more important to go against this development plan and approval has already been established for 53 dwellings.

 

It is the officer recommendation that planning permission should be refused due to this conflict with neighbourhood plan policy as per the report.

 

(b)       Cllr Phillip Tillyard, on behalf of Clawson, Hose And Harby Parish Council, was invited to speak and stated that:

·         They concur with the officers report.

·         Outside the neighbourhood plan.

·         Harby has accepted a total of 128 houses to be developed over the next 20 years, against a residual of 78 so this would be in excess of that. Can also expect a windfall on top of that.

·         An increase in 29 dwellings would be most unwelcome and unnecessary.

·         If it is to be approved, could we ask for a condition for a S106 pro rata contribution to the village hall and existing play ground facilities.

 

(c)        Gary Holliday, on behalf of the objectors, was invited to speak and stated that:

·         Been a resident for 26 years.

·         The residents have accepted the need for new development and the neighbourhood plan provides for more homes than are required by the emerging local plan. This is across 3 sites including the former dairy footprint.

·         Understand the need for new houses. Not objected to the other sites but do object to this one.

·         This development goes well beyond the dairy footprint, taking in the meadow area that stretches down to the canal.

·         Plans show a strip of land adjacent to the canal which is being called a country  ...  view the full minutes text for item PL28.1

Land off Great Lane, Frisby on the Wreake

Applicant:     Bellway Homes

 

Location:      Land of Great Lane, Frisby on the Wreake

 

Proposal:      Application for approval of Reserved Matters – 16/00491/OUT – Outline application for residential development with associated landscaping, open space, drainage infrastructure and vehicular and pedestrian access.

 

(a)       The Development Manager stated that: This is a reserved matters submission for the erection of 53 dwellings, the proposal was deferred at the committee of 26th April 2018 for the following reasons.

 

•           Reduce or revisit the parking for plots 9, 10 and 11

•           Revisit the house types including single storey dwellings, across the front of Great Lane

•           Relocation of the play area

•           The number of houses to 48

•           Increase the number of bungalows

 

The application was further deferred at the meeting of 14th June 2018 to

Allow for further discussions between the applicants with the ward councillor and parish council (to be facilitated officers)

 

A meeting was held between those parties and revised information submitted for consideration. 

o          The parking provision has been amended as requested

o          Two additional bungalows have been submitted on plots 1 and 2 which front Great Lane

o          Additional drainage has been submitted in relation to the Play Area and further confirmation that natural surveillance would be provided to the play area.

o          With regards to the housing number this remains at 53, and it should be noted that no legal requirement by way of condition was attached to the outline permission which restricted the development to 48 dwellings.

 

It is considered that the revised information submitted meets the requests of the Committee and earlier deferrals and the recommendation remains as approval subject to a number of conditions which will need updating from the original report of 26th April 2018.

 

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

•           The compromise in the main is satisfactory.

•           Developer within their rights to apply for more than 48 dwellings which were muted at outline but villagers feel betrayed.

•           Overdevelopment upon overdevelopment.

•           Along with other developments in the village this will take the numbers to way above what is in the local plan and what they should naturally be.

•           Concerns have been addressed but not to universal satisfaction of all the residents.

•           Ask committee to ensure all the points are resolved and put down in writing for perpetuity.

•           To ensure requested covenants and conditions that have been agreed by the developer are watertight and there is no wriggle room for the future.

•           Ensure roads and drainage infrastructure are properly adopted by the relevant authorities.

•           The number and type of houses is set in stone and the mix is in keeping with the local plan and neighbourhood plan.

 

A Cllr asked if the Parish Council is as satisfied as they can be.

 

Cllr Sercombe responded that it is not unanimous. Some people still believe the neighbourhood plan should carry more weight. Reached a compromise that is as fair  ...  view the full minutes text for item PL28.2

Scalford Court Nursing Home, Melton Road, Scalford

Applicant:     Scalford Court Care Home

 

Location:      Scalford Court Nursing Home, Melton Road, Scalford

 

Proposal:      Erection of a single storey 36 Bed Care Facility and 5 Extra Care Cottages

 

(a)       The Planning Officer (JL) stated that: Email has been received raising concerns in relation to the sewage and whether it can take on the extra capacity. Therefore it is proposed that an additional condition will be added to read: The development hereby permitted shall not commence until drainage plans for the disposal of foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use. Reason: To ensure that the development is provided with a satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

 

Slight re-word to condition no 15: The cottages hereby permitted shall be occupied by residents of the care home (and their dependant or widow/widower) and shall not be severed from the care home and occupied as separate, market dwelling houses.

 

Application seeks full planning permission to erect a 36 bed extension to the nursing home and five extra care cottages. The proposal will result in the loss of some trees on site, however there are a number of trees which will be retained and views in/out of the site will not be affected. The trees will also provide a natural screen to the development. The development will allow for the extension of an existing business and would provide 36 full time and three part time jobs. Additionally it will provide a specialist type of housing which is in need in the Borough.

 

(b) Cllr Andrew Thorn, on behalf of Scalford Parish Council, was invited to speak and stated that:

·         In principal they are in favour, however there is an environmental concern regarding sewage going in to a ditch.

·         Impermeable ground for this to soak away. During extreme weather events potential risk of polluted water and risk to farmland.

 

A Cllr commented that concerns should be allayed as the sewage has gone through treatment plants and will be tested.

 

Cllr Thorn responded that there have been reports of sewerage going in to the ditch.

 

(c)  Ms Akrigg, on behalf of the objectors, was invited to speak and stated that:

·         Concerns for wildlife in the area and the mature woodland.

·         Increase in traffic and noise.

·         Limited bus services. Residents will be isolated.

·         Scale of the development will change the character of the area.

·         Increase in noise and light pollution.

 

(d)       Jeremy Lord, the applicant, was invited to speak and stated that:

·         We have been working with the council on this project and have covered all aspects and issues raised.

·         Facility demand is increasing. Offer an all inclusive support with the cottages providing a lighter care touch so help is on hand to residents who need more support.

·         Investors in people.

·         Increase employment. Increase to  ...  view the full minutes text for item PL28.3

Report of the Assistant Director for Strategic Planning And Regulatory Services to consider whether the Provisional Tree Preservation Order should be confirmed.

Report of the Assistant Director for Strategic Planning And Regulatory Services to consider whether the provisional Tree Preservation Order should be confirmed.

 

Cllr Cumbers proposed to move the recommendation and added that it doesn’t bind the church forever.

 

Cllr Baguley seconded the proposal and added that it is only provisional. There are not many mature trees in the town and would be a shame to lose any.

 

A Vote taken.  10 Members voted to confirm the TPO and there was 1 abstention.

 

DETERMINATION: Tree Preservation Order Ref: 151/900/41 St Marys Church, Church Street, Melton Mowbray is confirmed.

Updated report from the Development Manager to consider a request to remove planning obligations for the provision of affordable housing.

Updated report from the Development Manager to consider a request to remove planning obligations for the provision of affordable housing.

 

The Chair advised Members that the agent would like to speak and although it is not normal to speak regarding a report, he would allow it for clarification to assist with making the decision.

 

(a)       The Development Manager presented that updated report.

 

The Chair noted there was some confusion with the amounts regarding the viability and the loss.

 

(b)       Adrian Kerrison, agent on behalf of the applicant, was invited to speak and stated that:

•           There is confusion regarding negative viability and deliverability.

•           -£ ½ million without affordable housing.

•           This is a  contingency risk  which the developer would allow for.

•           Narrows by £200,000.

•           Allows 15% added together which gets rid of £1/2 million problem.

•           In summary significant and abnormal costs on this site.

 

A Cllr asked for clarification regarding if the acoustic fencing was a total cost or additional.

 

Mr Kerrison responded that it was an extra over cost.

 

A Cllr noted that the condition was always there and so it was always required.

 

Mr Kerrison responded that it was not a normal cost.

 

A Cllr asked for clarification regarding the drainage.

 

Mr Kerrison advised that it is not standard drainage.

 

Cllrs raised concerns that affordable housing was totally being taken away and that they aren’t fulfilling the policy regarding affordable housing.

 

Mr Kerrison advised that the viability assessments don’t calculate site specific abnormals.

 

A Cllr raised concerns that with the loss of the affordable housing the council are giving everything and what benefits are the Council receiving.

 

The Assistant Director for Strategic Planning And Regulatory Services commented that whilst foregoing affordable housing, there were still benefit in terms of housing supply generally, delivered early, and the cleansing and solving of a contaminated site.

 

Cllr Bains proposed to accept the report and supported the recommendation.

 

Cllr Rhodes seconded the proposal and added that we’ll get 25 more homes which we need to get built to avoid problems of not meeting targets. Concede on this one.

 

The Chair noted it is a loss of  6 affordable homes  which is a  reluctant give.

 

Some of the Cllrs noted that the developer would have know of these costs some time ago and that the acoustic matters would have been reflected in the cost of the land.

 

A vote was taken. 6  Members voted in favour and 5 against. Cllrs Faulkner,  Botterill,  Cumbers and Glancy requested that their votes against the motion be recorded.

 

DETERMINATION: that a Deed of Variation is agreed to allow the removal of the Affordable Housing requirement from the Section 106 Agreement

Report from the Development Manager reporting performance in Q1 of 2018/19.

Report from the Development Manager reporting performance in Q1 of 2018/19.

 

The Chair noted that the figure of 50% for appeals being refused is actually only 2 out of 4 at this time.

 

Cllr Greenow asked how many of the planning decisions are delegated and how many go to committee.

 

The Development Manager confirmed that they would find out and report back.

To consider any other items that the Chair considers urgent

 

Cllr Cumbers asked if there would be planning committee training to insure there are sufficient substitutes.

 

The Assistant Director for Strategic Planning And Regulatory Services confirmed there would be for the new NPPF.

 

Cllr Cumbers asked if there would be more general training.

 

The Assistant Director for Strategic Planning And Regulatory Services responded there would be if there is a need.