Agenda item

36 Main Road, Kirby Bellars

Application:	21/00836/FUL
Location:	Land At 36 Main Road, Kirby Bellars
Proposal:	The erection of 1 new dwelling and the resiting of 3 approved dwellings (ref.17/01312/FUL) (4 x 3 beds); alterations to access

 

(Councillor Browne here left the meeting due to his interest declared at minute PL41.)

 

The Planning Officer (HW) addressed the Committee and provided a summary of the application and advised the application was recommended for refusal for the reason given in Appendix A.

 

Members raised concerns and the Planning Officer responded as follows:

 

·       The circumstances that existed for granting the previous planning application no longer existed and officers could not comment further on that position.

·       Paragraph 1.7 of the report for the previous application referred to the restriction on the keeping of livestock.

·       Although the proposal was for self build homes, the layout and design had already been submitted and therefore the homes would be built as presented and submitted as part of this application.

 

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to public speaking at Planning Committee, the Chair allowed the following to give a 3 minute presentation:

 

·       James Beverly, Agent, Fisher German

 

Following the speaker’s presentation the following points were noted:

 

·       The proposed dwellings were intended for family members to be able to support adult social care and childcare requirements

·       Family members desired to return to the village where they grew up

·       The application did not include for the family members to be involved in the working of the farm although they would be available to help out when needed

·       The original application was focussed on open market homes to pay for the loss of the pig sheds

·       Should this application be refused, the applicant would revert back to the original application for the 3 open market homes to recoup the money lost for the pig sheds

 

During debate the following points were noted:

 

·       It was understood by a Member that self build homes were to be encouraged and it was questioned whether there was a shortfall of self build homes

·       With regard to the nuisance factor in approving the previous application for 3 homes, the applicant had commenced development in demolishing the  pig sheds and therefore the same nuisance issue could not be a factor in this application

·       Members also questioned if the applicant could still go ahead with the approved application

·       It was questioned as to what could be the justification for increasing the number of homes on the site

·       The Planning Officer explained that there did not need to be a shortfall to approve a planning application for self build homes. This application was being considered under the policy SS3 which required an identified need for the housing proposed. An argument had been put forward for self build plots as justification to meet policy SS3. The officers’ view was as there was no identified shortfall for self build plots neither in the parish nor the borough then there was no justification in accordance with policy SS3 for this this type of dwelling. Also the pre-application advice on the previous application was that an application for up to 3 dwellings was likely to be looked upon favourably but any more than 3, due to the unsustainability of the location, was unlikely to be looked upon favourably

·       There had been commencement of the previous application in the form of demolition of the pig sheds and this was deemed a trigger for the application to be active as the demolition was part of the original permission

 

Councillor Chandler proposed that the application be refused in line with the reasons set out in the report. Councillor Smith seconded the motion.

 

RESOLVED

 

That the application be REFUSED for the reason outlined in Appendix A.

 

(8 in favour, none against, 1 abstention)

 

REASONS

 

Appendix B contains the full report from the 23 June 2022 meeting of Planning Committee and is included to provide information on the other material planning considerations and issues and representations raised in respect of this application; separate from the matter relating to the outcome of discussions with the agent, after the application was withdrawn from the 23 June meeting.

 

It is considered that the proposal would not fully comply with Local Plan Policy C8, as it lies outside of and does not adjoin the neighbouring settlement of Kirby Bellars. In addition, the proposal would have limited benefits to meeting the identified benefits of providing self-custom build housing including diversifying the housing market or delivering innovative design. There is no unmet demand for self-custom build plots within the Parish or the Borough. It is therefore considered that the limited benefits of providing self-build housing within the application site do not outweigh the identified conflict with strategic policies SS2 and SS3 in the overall planning balance.

 

The recommended reason for refusal is contained with Appendix A.

 

(Councillor Browne here re-joined the Committee.)