Agenda item

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 park. It would not be a country park or reasonable buffer as it is not big enough.

·         The meadow area is not brownfield and has quite a different character and appearance from the derelict dairy.

·         At odds with the policies in the neighbourhood plan.

·         The approved 53 dwelling scheme may not be viable but will be better located when other schemes are completed.

·         Can’t justify extending all the way to the canal.

·         Unnecessary, inappropriate and unwanted.

 

The Planning Officer (GBA) noted that no viability assessment has been made.

 

Cllr Rhodes, Clawson, Hose and Harby Ward Cllr, proposed to refuse the application in accordance with the officers recommendations and added that it has been a controversial site for many years. The previous application for 53 homes was refused but was overturned on appeal. It has been accepted now and the 53 homes have consent and there should be no more. The land down to the canal should remain as green field.

 

Cllr Faulkner seconded the proposal.

 

A vote was taken and the members voted unanimously to refuse the application.

 

Determination: REFUSED, for the following reasons:

 

1. The proposed application, by virtue of the extent of the site and the number dwellings, is in contrary to policies H1, H2 and H3 of the Harby, Hose and Long Clawson Neighbourhood Plan. No material considerations have been identified which it is considered are sufficient to override this direct conflict.