Meeting documents
Planning Committee
Tuesday, 1st October, 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. | ||
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APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors J Bridges and R Woodward.
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DECLARATION OF INTERESTS In accordance with the Code of Conduct, Members declared the following interests:
Councillors G Allman, T Gillard, J Hoult, D Howe, R Johnson, G Jones and N Smith declared they had been lobbied without influence in respect of item A5, application number 13/00526/FULM. Councillor M Specht declared a non pecuniary interest in item A2, application number 13/00218/OUTM as he was speaking in objection as a Ward Member, he therefore would not take part in the discussion or decision. He also declared that he had been lobbied without influence in respect of item A5, application number 13/00526/FULM. Councillor J G Coxon declared a non pecuniary interest in item A7, application number 13/00580/FUL as he had received a neighbour notification, although he believed he was not actually a neighbour. He also declared that he had been lobbied without influence in respect of item A5, application number 13/00526/FULM. Councillor M B Wyatt declared non pecuniary interest in item A2, application number 13/00218/OUTM as he had been consulted as a Leicestershire County Council Member but had not been influenced. He also declared that he had been lobbied without influence in relation to item A5, application number 13/00526/FULM and item A6, application number 13/00426/FUL. Councillor R Adams declared that he had been lobbied without influence in relation to item A2, application number 13/00218/OUTM. Councillor T Neilson declared that he had been lobbied without influence in relation to item A3, application number 13/00205/FUL, item A4, application number 13/00290/FULM and item A5, application number 13/00526/FULM. Councillor J Geary declared a non pecuniary interest in item A6, application number 13/00426/FUL as he was a neighbour of the applicant, he therefore would not take part in the discussion or decision. He also declared that he had been lobbied without influence in respect of item A5, application number 13/00526/FULM. Councillor J Legrys declared a non pecuniary interest in item A9, application number 13/00440/FUL as he was a close friend of residents of Coverdale and he had been influenced by lobbying, he therefore would not take part in the discussion or decision. He also declared that he had been lobbied without influence in relation to item A2, application number 13/00218/OUTM, item A5, application number 13/00526/FULM and item A6, application number 13/00426/FUL. Councillor D Everitt declared that he had been lobbied without influence in respect of item A5, application number 13/00526/FULM and item A9, application number 13/00440/FUL. Councillor D J Stevenson declared that he had been lobbied without influence in respect of item A2, application number 13/00218/OUTM, item A5, application number 13/00526/FULM and item A9, application number 13/00440/FUL. |
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MINUTES Minutes of the Meeting held on Tuesday, 6th August, 2013 Consideration was given to the minutes of the meeting held on 6 August 2013.
It was moved by Councillor G Jones and seconded by Councillor J Legrys. |
RESOLVED THAT: The minutes of the meeting held on 6 August 2013 be approved and signed as a correct record. |
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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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As Members had been informed that further information was expected regarding item A1 and following the updated recommendations within the update sheet regarding items A3 and A4, the Chairman moved that the three items be deferred. It was seconded by Councillor J Geary. RESOLVED THAT: Item A1 - application number 12/00922/OUTM: The application be deferred to allow receipt of further information. Item A3 - application number 13/00205/FUL: The application be deferred to allow Environmental Protection to carry out further investigations into noise impacts. Item A4 - application number 13/00290/FULM: The application be deferred to allow Environmental Protection to carry out further investigations into noise impacts. The Chairman announced that he was making a slight amendment to the order of the report to consider item A10 first and that Mr D Gill was acting as Legal Advisor on the item as the applicant was Mr S Stanion, an Officer of the Council. A10 13/00362/LBC Internal alterations to outbuilding to provide living accommodation (amended scheme)(listed building consent) Ley Farm, Callans Lane, Heath End The Senior Planning Officer presented the report to Members. It was moved by Councillor J Geary and seconded by Councillor T Gillard. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. A2 13/00218/OUTM Residential development of up to 135 dwellings including the demolition of 138,140 and 142 Bardon Road along with new access and highway improvements to Bardon Road and associated open space and landscaping (Outline - All matters other that part access reserved) Land Adjacent to 138,140 And 142 Bardon Road, Coalville, Leicestershire LE67 4BJ The Senior Planning Officer presented the report to Members. Councillor M Specht, Ward Member, addressed the Committee. He explained that he understood that it was difficult to refuse an application which had been recommended for approval but he suggested refusal due to the effect it would have on the neighbouring properties. He stated that this application, if approved, would ruin the private amenity space of the neighbours and was also contrary to Policy E3. Councillor M Specht referred to the current status of the Core Strategy and that it was obvious that Inspectors were finding other Authorities' Core Strategies to be unsound due to the locations, ecological issues and major infrastructure. It was Councillor M Specht's opinion that with this in mind, to approve the application would be to define North West Leicestershire's Core Strategy and deprive the residents of Bardon Road the chance to voice their views to the Inspector. Having declared an interest, after addressing the Committee Councillor M Specht left the meeting for the discussion and voting thereon. Ms S Gibson, objector, addressed the meeting. She explained that Bardon Road was already very congested and her main concern was highway safety. She believed that the Committee was acting hastily with the application for the following reasons: - The proposed right turn lane would conflict with the existing right turn filter lane. - It would be unsafe to access driveways in close proximity to the junction. - It was not guaranteed that the junction would be attached to the future link road. - Risk of flooding was high as the area was already prone to flooding and it was not guaranteed that the pumping station would be upgraded as stated. Ms S Gibson urged Members to refuse the application until phase one of the link road had commenced. Councillor N Clarke, objector, addressed the Committee. He raised the following concerns: - The application was not consistent with Policy CS36 regarding the Coalville Urban Area. - The application did not demonstrate how it would be linked to the wider area and what it would look like. - The application was not consistent with the South East Coalville Draft Development Brief that was considered by the Cabinet in July. - It would be at least 10 years before work on the link road would commence. Councillor N Clarke explained that there had been a large amount of representations and a petition circulated in objection to the highway safety of the application and urged Members to do the right thing by standing up for the local residents and refusing the application. Mr T Coleby, agent, addressed the Committee. He explained that the proposed site was a suitable area for development and was identified within the Core Strategy; he added that there were no objections from the Highway Authority and that the report indicated that there were no issues with the design. Mr T Coleby concluded that the developers were willing to accept the conditions and Section 106 Agreement to commit funding to the construction of the link road and the connection to it. Councillor T Neilson stated that he had no objections in principle as it was a suitable site, he did however have highway concerns as the junction was already troublesome. It also concerned him that the Highway Authority had no objections but would require the road to be downgraded at a later date; due to this he could not support the application. Councillor M B Wyatt concurred with Councillor T Neilson and added that it seemed that the Council were going out of their way to help the developer. Councillor R Adams stated that he understood the concerns raised regarding the application as he used the road daily and it was heavily congested. He could not support the application. In response to questions from Councillor J Legrys, the Head of Regeneration and Planning gave the following responses: - The Council was currently securing contributions through Section 106 Agreements as part of the Coalville Infrastructure Developer Contribution Strategy; towards the Bardon link road as no one developer would be in a position to fund the link in its entirety. - The Council had also acquired funding from the Leicester and Leicestershire Enterprise Partnership to acquire compulsory purchase advice if an order was required to secure land interests along the length of the link road. In parallel with the process, Bloor Homes were currently working on a detailed design for the link road as a condition of an existing consent for Bardon Grange. It was projected that the design works would be completed by the end of the year, although it was not possible to be precise about the link road at this stage. - There were no Highway Authority objections and Members were advised that a refusal on those grounds would be difficult to defend on appeal and could result in a cost award against the Council. - The intention of the applicant was that when a road access was secured to the Bardon link, the access to Bardon Road could be developed for housing except for a cycle path and emergency access. Councillor G Jones stated that he was happy with the proposed development and as the access road was only temporary he would support the application. The Officer's recommendation was moved by Councillor G Jones and seconded by Councillor T Gillard. The motion was put to the vote and was LOST. It was agreed to adjourn the meeting at 5.12pm for a period of 10 minutes to consider the reasons for refusal. The meeting re-commenced at 5.22pm. The Committee were advised to put forward a further motion with the appropriate reasons and a vote be taken. Councillor T Neilson moved that the application be deferred for the reason of highway safety as although there was an objection from the Highway Authority, the local knowledge of the Members and residents indicated that the proposal was unacceptable on highway safety grounds. It was seconded by Councillor R Adams. A recorded vote having been requested by the Chairman, the vote was as follows: For the motion: Councillors R Adams, D Everitt, D Howe, J Geary, R Johnson, J Legrys, T Neilson and M B Wyatt (8). Against the motion: Councillors G Allman, J G Coxon, T Gillard, J Hoult, G Jones, N Smith and D J Stevenson (7). Abstentions: None (0). The motion was declared CARRIED. RESOLVED THAT: The application be refused on the grounds of highway safety. A5 13/00526/FULM Change of use of land for recreational activities (including shooting, bushcraft and nature trails), the installation of car park and pathways along with the siting of three buildings and a toilet Land at Melbourne Road, Newbold, Ashby De La Zouch, Leicestershire The Senior Planning Officer presented the report to Members. Councillor R Holland, Ward Member, addressed the Committee. She explained that the local residents had major concerns regarding the noise due to the proposed shooting activity. The main concern was the length of the operating hours which were six days per week; this would have a substantial impact on the neighbouring properties. Councillor R Holland suggested that the Committee reduce the operating hours to just a few hours per day, especially as this was just a small part of the activities offered on the site. Ms K Stevens, objector, addressed the Committee. She explained that the noise from the shooting activity would greatly impact on the local resident's enjoyment of their gardens and would upset pets. She stated that the proposed provisions to decrease the noise were welcomed but the main concerns were the length of the operating hours. Ms K Stevens requested that Members consider reducing the operating hours if they were mindful to approve the application. Councillor N Clarke, objector, addressed the Committee. He stated that there was huge local opposition to the proposed shooting activity on the site as the noise would have a substantial impact. He referred to the CIEH guidance in relation to the minimum safety zones for clay shooting and he believed the site was too close to properties, cycle paths and the A42. He urged the Committee to refuse the application. Ms K Wheeler, applicant, addressed the Committee. She informed Members that the business was family run and the current site was limited due to the size which was why they were moving to the identified site in the application. She assured Members that all of the instructors were qualified and well experienced. Ms K Wheeler explained that the local economy would benefit as clients travel from across the country to use the facilities and often used local accommodation and amenities. She concluded that they would be planting more trees and fauna in the area to benefit the local wildlife. Councillor J Geary thanked the Officers for a good report and explained that he had taken on board the comments of the speakers. He reported that during the briefing he had suggested a slight amendment to the operating hours for commencement at 10am instead of 9am. The applicant was in agreement. Councillor J Geary also asked how the use of subsonic cartridges would be policed and if it was possible to reduce the permission to a three year period so that it could be monitored and then reconsidered. The Head of Regeneration and Planning responded that a condition would be imposed requiring the use of the subsonic cartridges and Environmental Protection had the powers to investigate any noise nuisance under their own legislation. Also he did not recommend permitting the application for a temporary three year period due to the amount of capital the applicants would need to invest and the uncertainty a temporary consent would cause them. Councillor J Legrys raised safety concerns which were raised by Councillor N Clarke during his speech. However, he had been informed by Councillor R Johnson who had attended the noise test, that he could not hear any noise from the shooting activity. He did not believe that the noise would make a difference to the already loud noise from the traffic on the A42. He was pleased that the business was locating to the District but asked for assurances that it was safe. The Senior Planning Officer assured Members that the shooting would not affect the safety of any nearby residents or the A42, she also confirmed that the firearms and ammunition were removed from the site at the end of each day, nothing was stored on the site. For clarity, the Environmental Protection Officer addressed the Committee regarding the noise test that was undertaken. The Officer's recommendation along with the amended operating hours was moved by Councillor T Gillard and seconded by Councillor J Geary. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning with an additional condition to amend the operating hours to commence at 10am rather than 9am. A6 13/00426/FUL Use of land as a residential mobile home park 80A Melbourne Road, Ibstock, Coalville, Leicestershire Having declared an interest, Councillor J Geary left the meeting for the discussion and voting thereon. The Senior Planning Officer presented the report to Members. Councillor D De Lacy, Ward Member, addressed the Committee. He stated that the width of the proposed access road was less than what was required for a residential road which concerned him. Also the Officer's report and the Highway Authority report both stated that the access road was suitable as it had had similar use in the past, this was incorrect as the travelling showmen had not used the road for the last five to six years. Councillor D De Lacy reminded Members that a similar application had recently been refused due to the width of the access road and the same should apply for this application. He urged Members to defer the application to allow further discussions with the Highway Authority regarding the access road. The Chairman reminded Members that during the site visit it was clear that the road was in use as there were many cars parked along it. Concerns were raised by a number of Members regarding the recent refusal of an application due to the width of the access road. The Senior Planning Officer informed Members that the application before them was different as although the road may not be in use at the moment it could be used as it had been in the past. The Officer's recommendation was moved by Councillor M Specht with an additional condition that a give way sign be erected at the junction to the main road. It was seconded by Councillor G Jones. Councillor R Johnson reported that after visiting another site run by the applicant, he felt that it was well looked after and believed that the plans were acceptable. Councillor J Legrys concurred. Councillor T Neilson felt that the access road was clearly substandard and by judging the application on its merits there was no justification to make it into a residential road. The Chairman reminded Members that there were only two objections to the application. Councillor D Howe moved that the application be deferred; it was seconded by Councillor R Adams. The motion to defer the application was put to the vote and was LOST. The original motion was then put to the vote. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning with an additional condition for the erection of a give way sign at the exit of the access road. A7 13/00580/FUL Change of use to mix of agriculture and keeping of horses and erection of building to provide shelter for the welfare of horses, sheep and goats, secure storage for agricultural equipment and retention of hardstanding Field Number 6939, Coleorton Lane, Packington, Leicestershire The Planning and Development Team Manager presented the report to Members. Councillor N Smith, Ward Member, addressed the Committee. He stated that the views of the Parish Council were that the stable was too large for the site and that the access road was unsuitable for horses. He requested that the stable be repositioned and that more appropriate hard standing be used. When questioned by the Chairman regarding his interest in the application, Councillor N Smith clarified that he was putting forward the views of the Parish Council but he had not been influenced, therefore he would not declare an interest and felt he could take part in the consideration of the application. Mr C Miles, Parish Councillor, addressed the Committee. He explained that the Parish Council were not against the use of the land as there were many stables within the area but they believed in this case the stable was obtrusive and should be located in a different part of the site. He also felt that there was poor access to the site and strongly objected. The Chairman explained that the applicant had done everything possible to accommodate all concerns and that he found it difficult to refuse the application again. He went on to move the Officer's recommendations and it was seconded by Councillor T Gillard. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. A8 13/00344/FUL Erection of two storey detached dwelling with single storey garage Land Rear of Bulls Head Row, Main Street, Wilson, Derby The Senior Planning Officer presented the report to Members. The applicant declined the opportunity to speak. The Officer's recommendation was moved by Councillor J G Coxon and seconded by Councillor D Howe. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. A9 13/00440/FUL Erection of metal steps (Retrospective) 20 Talbot Street, Thringstone, Coalville, Leicestershire Having declared an interest, Councillor J Legrys left the meeting for the discussion and voting thereon. The Senior Planning Officer presented the report to Members. Mr A Carlin, applicant, addressed the Committee. He explained that out of the 25 neighbours, many were positive about the application. He assured Members that the view from the top of the steps was no different to the view from the woodland and would not impact on the privacy of the properties on Coverdale. It was noted that the use of the steps was to maintain the pocket of woodland and that a management plan had been put together with the Tree Officer to ensure the future of the area. Mr A Carlin concluded that the steps were not in a prominent position and the intention was to plant more trees around the steps and the properties on Coverdale, this would eventually conceal them further. The Officer's recommendation was moved by Councillor M Specht and seconded by Councillor G Jones. RESOLVED THAT: The application be permitted in accordance with the recommendations of the Head of Regeneration and Planning. |
Published on Tuesday, 17th September, 2013
The meeting commenced at 4.30pm and closed at 6.37pm.
Attendance Details
Present:
Present: Councillor D J Stevenson (Chairman)
Councillors R Adams, G Allman, J G Coxon, D Everitt, J Geary (Present as substitute for Councillor R Woodward), T Gillard, J Hoult, D Howe, R Johnson, G Jones, J Legrys, T Neilson, N Smith, M Specht and M B Wyatt.
In attendance: Councillors N Clarke, R Holland, T J Pendleton and L Spence.
Officers: Mr C Elston, Mr D Gill (for item A10), Miss E Hindle, Mr D Hughes, Mr J Knightley, Mr S Leeland, Mr J Mattley, Mr A Mellor, Mr S Stanion, Mrs R Wallace and Ms S Warrall
Councillors R Adams, G Allman, J G Coxon, D Everitt, J Geary (Present as substitute for Councillor R Woodward), T Gillard, J Hoult, D Howe, R Johnson, G Jones, J Legrys, T Neilson, N Smith, M Specht and M B Wyatt.
In attendance: Councillors N Clarke, R Holland, T J Pendleton and L Spence.
Officers: Mr C Elston, Mr D Gill (for item A10), Miss E Hindle, Mr D Hughes, Mr J Knightley, Mr S Leeland, Mr J Mattley, Mr A Mellor, Mr S Stanion, Mrs R Wallace and Ms S Warrall