Meeting documents
Planning Committee
Tuesday, 3rd September, 2013 4.30 pm
| Item | Description | Resolution |
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| Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'. The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public. | ||
| 11 |
APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors J Legrys, N Smith and M B Wyatt.
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| 12 |
DECLARATION OF INTERESTS In accordance with the Code of Conduct, Members declared the following interests:
Councillor R Woodward declared a non pecuniary interest in item A7, application number 13/00440/FUL as he had been lobbied and influenced, he therefore would not take part in the discussion or decision. Councillors R Adams, R Johnson and T Neilson declared that they had been lobbied without influence in respect of item A3, application number 13/00486/OUTM. Councillors D Everitt and D Howe declared that they had been lobbied without influence in respect of item A3, application number 13/00486/OUTM and item A7, application number 13/00440/FUL. Councillors J G Coxon and J Hoult declared a non pecuniary interest in item A3, application number 13/00486/OUTM as members of Ashby Town Council. They also declared that they had been lobbied without influence in respect of item A3, application number 13/00486/OUTM and item A4, application number 13/00265/FUL. Councillor G Allman declared a non pecuniary interest in item A3, application number 13/00486/OUTM as a member of Ashby Town Council. He also declared that he had been lobbied without influence in respect of item A1, application number 12/00007/OUTM, item A2, application number 13/00330/EXTM and item A3, application number 13/00486/OUTM. Councillor T Gillard declared that he had been lobbied without influence in respect of item A1, application number 12/00007/OUTM and item A3, application number 13/00486/OUTM. Councillor M Specht declared that he had been lobbied without influence in respect of item A1, application number 12/00007/OUTM, item A3, application number 13/00486/OUTM, item A4, application number 13/00265/FUL and item A5, application number 13/00016/FUL. Councillor A Bridges declared a non pecuniary interest in item A8, application number 13/00376/FUL as she had been previously offered the site. She also declared that she had been lobbied without influence in respect of item A1, application number 12/00007/OUTM, item A2, application number 13/00330/EXTM and item A3, application number 13/00486/OUTM. Councillor G Jones declared a non pecuniary interest in item A3, application number 13/00486/OUTM as a member of Ashby Town Council. Councillor J Bridges declared a pecuniary interest in item A8, application number 13/00376/FUL due to his financial involvement with the site and would therefore not take part in the discussion or decision. Councillor D J Stevenson declared that he had been lobbied without influence in respect of item A2, application number 13/00330/EXTM and item A3, application number 13/00486/OUTM. |
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| 13 |
MINUTES Minutes of the Meeting held on Tuesday, 2nd July, 2013 Consideration was given to the minutes of the meeting held on 2 July 2013.
It was moved by Councillor G Jones, seconded by Councillor J Hoult. |
RESOLVED THAT: The minutes of the meeting held on 2 July 2013 be approved and signed as a correct record. |
| 14 |
PLANNING APPLICATIONS AND OTHER MATTERS Consideration was given to the report of the Head of Regeneration and Planning, as amended by the update sheet circulated at the meeting.
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A1 12/00007/OUTM Erection of up to 400 dwellings with associated road and service infrastructure, drainage ponds, landscaping and open spaces (outline - all matters other than part access reserved) Land North of Standard Hill and West of Highfield Street, Coalville, Leicestershire The Head of Regeneration and Planning presented the report to Members. Councillor R Johnson stated that the application before them was on a Greenfield site, which meant it should be protected and was outside the limits of development which meant access to build was not allowed. He agreed with the concerns of the 381 residents that had objected and raised the following for Members to consider: - The developer engaged with the community at an exhibition on 20 September 2011 to consult with the residents and promised to analyse the objections with a view to return with proposals that all would be happy with. There has been no other meeting or contact since 20 September 2011. - Miller Homes have a Sustainable Development Policy which they have not put into practice with the proposed development. - Local people view the site as an area of open countryside which acted as a buffer and separation to the Snibston Nature Reserve. Councillor R Johnson believed that the application was contrary to the Core Strategy CS8 which related to the protection of the countryside to ensure it may be enjoyed by all. He also added his concerns for the proposals to remove certain trees at the Highfield Street entrance as they were a thing of beauty and acted as a buffer to the houses on St Faiths Drive. - The proposed entrance on Highfield Street would be dangerous as it was close to a blind bend which had been highlighted at previous Planning Committee meetings; residents had grave concerns regarding road safety. Also accessing Ashburton Road from the bottom of Highfield Street was dangerous with a few near misses to date as it was a blind junction. With regards to traffic calming, it would be more prudent to put an island at the bottom of Standard Hill as that was where the proposed entrance would be situated. - Referring to page 24 of the report, Councillor R Johnson informed Members that a meeting had been held between himself, other Ward members, the Leicestershire County Council Member, Leicestershire County Council Highways, Miller Homes and highway consultants. He stressed his disappointment that the knowledge of local people was ignored and that they were not willing to negotiate on any of the highway proposals. - There was little information regarding the traffic impact assessments within the report but after further investigation it was obvious that the assessment regarding Hugglescote Crossroads was out of date and inconclusive due to the time of day they were undertaken. Vehicle movements at present were over 1200 per day. - The assumption on walking distance from the centre of the site to Hugglescote Primary School was still a fair distance and with people who were car reliant and protective over younger children, it was still too far to walk. This would also be the case with regards to Newbridge School, Hugglescote Surgery and Coalville Surgery. Councillor R Johnson concluded by requesting a recorded vote. The Officers recommendations were moved by Councillor T Gillard and seconded by Councillor G Allman. A recorded vote having been requested by Councillor R Johnson, the vote was as follows: For the motion: Councillors G Allman, A Bridges, J Bridges, J G Coxon, T Gillard, J Hoult, G Jones, M Specht and D J Stevenson (9). Against the motion: Councillors R Adams, D Everitt, D Howe, P Hyde, R Johnson, T Neilson and R Woodward (7). Abstentions: None (0). The motion was declared CARRIED. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. A2 13/00330/EXTM Application for a new planning permission to replace planning permission 09/00359/FULM in order to extend the time period for the implementation of the extension of the Belvoir Shopping Centre to provide new retail floorspace (A1 and A3), hotel, cinema, car park and associated highways works, public spaces, and refurbishment works (including demolition works) to existing centre Land at Belvoir Shopping Centre, Coalville, Leicestershire The Head of Regeneration and Planning presented the report to Members. Councillor R Woodward stated that he felt he was once again being held to ransom as there was no other option but to approve. Councillor G Jones reiterated the concerns of Councillor R Woodward. Councillor J G Coxon stated that he was pleased that the centre was now under one ownership and he believed the application should be supported to give the area a chance to be developed. The Chairman concurred. Councillor D Howe stated that after hearing the presentation at the Planning Forum he was very impressed, he went on to move the Officers recommendation. It was seconded by Councillor D J Stevenson. Councillor J Bridges informed Members that he would support the application especially as the authority now had the power to look elsewhere if the applicant did not deliver. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. A3 13/00486/OUTM Proposed residential development (400 Dwellings) formation of access to Burton Road, A1 Shop, D1 Medical centre, C2 Residential care home, Single form entry primary school, Pumping Station infrastructure and open space provision (Resubmission) Holywell Spring Farm, Burton Road, Ashby De La Zouch The Principal Planning and Customer Liaison Officer presented the report to Members. Dr J Ford, objector, addressed the Committee. He stated that the traffic in the area was already a burden with a history of accidents and speeding. He informed Members of the Health and Safety at Work Act 1974 and implied that due to the dangerous highway proposals, the Members and the Authority could be criminally liable. He stressed that Members had a duty to provide a safe road network and confirmed that the Town Council were also in objection. He concluded that he would like to see a recorded vote for the application. The Legal Advisor informed the Committee that with regards to Dr J Fords suggestion that Members could be liable under the Health and Safety at Work Act 1974, this Act did not apply to a Local Authority carrying out a planning function. Ms C Chave, agent, addressed the Committee. She explained that the proposal in front of Members had been active since 2006 and not only contributed to the five year housing land supply targets but also provided 30 per cent affordable housing in line with the Authority's policy. She added that the primary school had been proposed as part of the first stage of development and in the future there were plans for a care home and medical centre. Ms C Chave informed Members that the sewage would be directed away from Packington and out of the River Mease Catchment area. There would also be traffic lights installed to reduce the speed on Burton Road. She concluded that the highways had been fully assessed, there had been extensive consultations and all objections received at public meetings had been addressed. Councillor G Allman informed Members that he was against this application as there were other more appropriate Brownfield sites in the area. Councillor G Jones raised concerns regarding the proposed sewerage infrastructure and also the proposed care home. He raised a question regarding the high amount of contributions that had been requested from the Police Authority. The Principal Planning and Customer Liaison Officer explained that the figure requested from the Police Authority had been deemed non-compliant with the Community Infrastructure Levy requirements as set out in the report which itemised which Section 106 contributions could be sought. The Officers recommendations were moved by Councillor D J Stevenson and seconded by Councillor T Gillard. A recorded vote having been requested by Councillor D J Stevenson, the vote was as follows: For the motion: Councillors R Adams, D Everrit, T Gillard, D Howe, P Hyde, R Johnson, T Neilson, M Specht, D J Stevenson and R Woodward (10). Against the motion: Councillors G Allman, J Bridges, J G Coxon, J Hoult, G Jones (5). Abstentions: Councillor A Bridges (1). The motion was CARRIED. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. A4 13/00265/FUL Erection of one no. 500KW wind turbine and associated access track, areas of hardstanding and control building Land at Ashby Road, Coleorton, Coalville The Senior Planning Officer presented the report to Members. Mr C Tandy, objector, addressed the Committee on behalf of the Ashby Civic Society. He raised concerns regarding the visual impact the proposal would have in the area for local residents plus the negative impact it would have on the nearby footpaths and cycle paths. He stated that the proposed site was on the gateway to a historical area and as the plans for the warehouse show a large roof, solar panels would be a more suitable alternative. He added that he believed the application was contrary to a number of planning policies including E1 and E3. Mr C Tandy concluded that the noise levels would exceed all standards and the accumulative impact invalidated the visual assessments. Mr D Baker, applicant, addressed the Committee. He reported that recent guidance issued from national Government stated that Local Authorities should be contributing towards the national renewable energy targets, the approval of the application would do that. He explained that consultations had been carried out and there had only been a small number of objections. He concluded that the application adhered to all planning policies and guidance. Councillor D Everitt stated that he would support the application as it was important to have renewable energy for the future. He added that the turbine added something to the skyline and people would become accustomed to it. Councillor J G Coxon moved that the application be refused on the grounds of visual impact. Councillor T Gillard seconded the motion and added that the application was contrary to policies E3 and CS30 to the reasons for refusal. Councillor R Johnson referred to page 134 of the report and stated that nothing had been done to improve the site, and that the warehouse should be built before this application was considered. Councillor D J Stevenson added that he also believed the application was premature. Some discussion was had by both Councillors and Officers regarding the most appropriate reasons for refusal. The Head of Regeneration and Planning suggested the use of policy E4 as a reason for refusal, Members were in agreement. RESOLVED THAT: The application be refused on the grounds that the proposed turbine by reason of its scale, height and massing and prominent location in the landscape would have a detrimental impact on the character and appearance of the wider landscape which given the prominence of the site such harm could not be mitigated with a reduction in the height of the turbine, as such to permit the proposal would be contrary to the aims of Paragraph 98 of the National Planning Policy Framework and Policy E4 (Design) of the North West Leicestershire Local Plan. A5 13/00016/FUL Erection of two dwellings along with alterations to an existing dwelling 9 Apiary Gate, Castle Donington, Derby and A6 13/00100/CON Demolition of existing walls (Conservation area consent) 9 Apiary Gate, Castle Donington, Derby The Senior Planning Officer presented the report to Members. Councillor C Large, Ward Member, addressed the Committee. She explained that she was not against the development of the site but had concerns regarding the design and scale which was not in keeping with the street scene. She believed the proposal was contrary to policy E4 as the site was within a conservation area and any development should be controlled. Councillor C Large also raised highway safety concerns and asked Members to defer the application to consider the design. Mr A Sowter, Parish Councillor, addressed the Committee. He explained that the Parish Council's main objection was to the design of the development as it did not fit the existing street scene. He also raised concerns regarding the gates which would open into the amenity space, the inadequate parking space and the dangerous access due to visibility. He added that he was against the demolition of the historical wall. Mr A Sowter, concluded that he was disappointed that the design features were not addressed regarding the drainage, manholes and external vents. Mr J Adcock, objector, addressed the Committee. He stated that the local residents enjoyed the current view of the church and the proposed development would obstruct the view and not fit in with the existing street scene. He also raised concerns regarding highway safety as when the church car park was full it was very difficult to manoeuvre vehicles on the street and the church hall was used on a daily basis. Mr J Adcock asked Members to defer the application to achieve a more suitable design. Mr S Berrisford, agent, addressed the Committee. He stated that the development would enhance the area, it met all planning policies and the statutory authorities had no objections. He explained that he had been working closely with the Conservation Officer to achieve the best possible design for the area and there was already a demand for the properties. Mr S Berrisford went on to read out a letter from a local resident in support of the development as he was interested in purchasing a property. He explained that the development was of a very high quality and would have a positive impact on the area. In response to a question of clarity regarding the design from Councillor A Bridges, the Senior Planning Officer indicated the roofline and depth of the proposal on the plan. Councillor D Everitt felt that it was a nice area and it was important to keep it that way. He stated that conservation was not just about protecting buildings but about protecting space also and he felt this development would block the view of the clock tower and ruin the look of the area. In response to questions from Members, the Senior Planning Officer stated the following: - Negotiations had been taking place with the developers for the previous 12 months. - There would be gates on the properties which opened inward and Leicestershire County Highways felt that there was sufficient space. - There was a condition regarding the materials used to ensure that it was in keeping with the surrounding area. The Officers recommendations for item A5 were moved by Councillor J G Coxon and seconded by Councillor M Specht. The Officers recommendations for item A6 were moved by Councillor D J Stevenson and seconded by Councillor G Jones. RESOLVED THAT: Item A5 - 13/00016/FUL: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. Item A6 - 13/00100/CON: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. A7 13/00440/FUL Erection of metal steps (Retrospective) 20 Talbot Street, Thringstone, Coalville Having declared an interest Councillor R Woodward left the meeting for the discussion and voting thereon. The Senior Planning Officer presented the report to Members. Councillor R Adams moved that the application be deferred until the next meeting to establish gaining access to the site from a residential property on Coverdale for Members to visit. It was seconded by Councillor M Specht. RESOLVED THAT: The application be deferred to establish gaining access to the site from a residential property on Coverdale for Members to visit. A8 13/00376/FUL Erection of one dwelling 84 Ashby Road, Woodville, Swadlincote Having declared an interest Councillor J Bridges left the meeting for the discussion and voting thereon. The Senior Planning Officer presented the report to Members. The Officers recommendations were moved by Councillor J Hoult and seconded by Councillor T Gillard. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. |
Published on Monday, 12th August, 2013
The meeting commenced at 4.30pm and closed at 6.10pm.
Attendance Details
Present:
Councillor D J Stevenson (Chairman)
Councillors R Adams, G Allman, A Bridges (Present as substitute for Councillor N Smith), J Bridges, J G Coxon, D Everitt, T Gillard, J Hoult, D Howe, P Hyde (Present as substitute for Councillor J Legrys), R Johnson, G Jones, T Neilson, M Specht and R Woodward.
In attendance: Councillors J Geary, C Large, T J Pendleton and L Spence.
Officers: Mr S Bambrick, Mr J Carpenter, Miss E Hindle, Mr D Hughes, Mr J Mattley, Mr A Mellor, Mr S Stanion and Mrs R Wallace.
Councillors R Adams, G Allman, A Bridges (Present as substitute for Councillor N Smith), J Bridges, J G Coxon, D Everitt, T Gillard, J Hoult, D Howe, P Hyde (Present as substitute for Councillor J Legrys), R Johnson, G Jones, T Neilson, M Specht and R Woodward.
In attendance: Councillors J Geary, C Large, T J Pendleton and L Spence.
Officers: Mr S Bambrick, Mr J Carpenter, Miss E Hindle, Mr D Hughes, Mr J Mattley, Mr A Mellor, Mr S Stanion and Mrs R Wallace.