Agenda and minutes

Apologies were received from Councillor A Bridgen.

Under the Code of Conduct members are reminded that in declaring disclosable interests you should make clear the nature of that interest and whether it is pecuniary or non-pecuniary.

In accordance with the Code of Conduct, Members declared the following interests:

Councillor R Ashman, G Hoult, J Hoult and J Legrys declared non-pecuniary interests in item A2, application number 20/00676/FUL, as they had served with the applicant during his time as an elected member of the Council but had come to the meeting with open minds.

Councillor R Boam declared a non-pecuniary interest in item A2, application number 20/00676/FUL, as the ward member and advised that once he had addressed the committee he would leave the meeting.

Councillor R Canny declared a non-pecuniary interest in item A1, application number 20/00457/FUL, as the ward member and advised that once she had addressed the committee she would leave the meeting for the consideration of the item.

Councillor N Smith declared a non-pecuniary interest in item A2, application number 20/00676/FUL, as a close friend of the applicant and advised that he would leave the chair and the meeting.

Members declared that they had been lobbied without influence in respect of the following applications but had come to the meeting with an open mind.

Item A2, application number 20/00676/FUL

Councillors D Bigby, R Canny, S Gillard, D Harrison, J Legrys and M B Wyatt.

Having declared their interests, Councillors R Ashman and G Hoult left the meeting until the consideration of item A2 and took no part in the discussion and voting on item A1.

To confirm and sign the minutes of the meeting held on 2 June 2020

Consideration was given to the minutes of the meeting held on 2 June 2020, as amended in the update sheet.

It was moved by Councillor J Legrys, seconded by Councillor D Harrison and

By affirmation of the meeting it was

RESOLVED THAT:

The minutes of the meeting on 2 June 2020, as amended in the update sheet be approved and signed by the Chairman as a correct record.

Report of the Head of Planning and Infrastructure.

Consideration was given to the report of the Head of Planning and Infrastructure, as amended by the update sheet circulated at the meeting.

Cavendish Lodge Back Lane Cavendish Bridge Shardlow Derby DE72 2HL

Having declared an interest in the item Councillor R Canny left the committee to speak as Ward Member.

The Planning Officer presented the report to Members

Councillor Bernadette O’Dowd, on behalf of Castle Donington Parish Council addressed the committee highlighting that the owners had been breeding dogs on the site since May 2019 and that there was a constant barking noise throughout the day for two months until residents submitted complaints. She noted that the owners had advised of the work that had been carried out to mitigate the noise, but it was believed that no breeding had taken place for a while and once it started again the noise would return. She raised concerns over the site being located in a high risk area for flooding and outlined recent flooding events. She urged the committee to refuse the application.

A statement was read out on behalf of Mr Mark Baskcomb, objector, highlighting the potential noise levels from the site, which formal complaints had been made about in the past and that the noise would start from 6.30am and continue through to 10pm, seven days a week. He also raised concerns over the welfare of the dogs, as the site was situated in an area prone to high flood level risk, advising that the applicant’s dwelling was on stilts but the kennels would be on ground level. He noted that the documents of support were from people outside of the community rather than those who would be impacted by the noise.

Mr Philip Rowland, agent, addressed the committee highlighting that the application sought to re-use a number of existing buildings, and the business would be appropriately located in the countryside, which would be deemed acceptable in accordance with the NPPF and Local Plan Policy S3. It was noted that there had not been any complaints in relation to noise since the applicant had fully sound insulated the buildings and, installed CCTV and a noise monitoring system. He informed Members that the business would be classed as a less vulnerable use in terms of the Flood Risk Vulnerability Classification and that the applicant had signed up to the Environmental Agency’s Flood Warnings service to provide information for the removal of the dogs to a safe location. He added that the applicant had worked with officers throughout the application process and that the proposed development complied with all relevant planning policies and posed no highway safety issues.

Councillor Rachel Canny, Ward Member, addressed the committee highlighting that on a previous occasion when the site had flooded, twelve dogs had to be relocated to the owner’s dwelling and that the owner had advised that an area outside the flood area would be raised to mitigate the issue in the future. She noted the previous noise complaints, that there was no sound insulation in the dog runs and that the fence adjoining the children’s play area had been re-enforced, however not all the perimeter works had been finished and asked that it be completed  ...  view the full minutes text for item 5.

Land At Loughborough Road Peggs Green Coleorton Leicestershire. LE67 8HJ

Having declared interests in the item, Councillor N Smith left the meeting at 6.10pm and took no part in the consideration of the item and the voting thereon and Councillor R Boam left the committee to speak as Ward Member.

Councillors R Ashman and G Hoult joined the meeting as substitutes for Councillors N Smith and R Boam.

The Senior Planning officer presented the report to Members.

Councillor Roger Cairns, on behalf of Swannington Parish Council, addressed the committee highlighting that the site fell outside the Limits to Development and should not have been permitted previously. He noted the previous applications on the site, a number of which had been refused and that permitting the application would set a precedent for applications outside the limits.

Mr Andrew Large, agent, addressed the committee highlighting that little weight was being put upon the selfbuild angle of the application, due to the applicant’s desire to provide serviced plots and that little weight was being attached to the previous approval for which a discharge of condition application was made. He noted that in relation to sustainability, the reliance on the car was dwindling as working from home and home deliveries were becoming the new normal, therefore dwellings on the site were no more or less suitable than in the centre of a town.

Councillor R Boam, Ward Member, addressed the committee highlighting that he called in the application as the previous one was considered by members. He noted that the highways issues had now been agreed and felt that smaller developments were required in the village to ensure the sustainability of the area. He urged members to permit.

Councillor R Boam then left the meeting at 6.25pm and took no part in the consideration of the item and the voting thereon.

In determining the application members acknowledged that the application site now lay outside the Limits to Development as set out in the adopted Local Plan, that the Council now had the required 5 year housing land supply and that the sustainability of the area had changed since the previous application had been permitted.

A motion to refuse the application in accordance with the officer recommendation was moved by Councillor D Bigby and seconded by Councillor J Legrys.

The Chairman put the motion to the vote. A recorded vote being required, the voting was as detailed below.

RESOLVED THAT:

The application be refused in accordance with the officer recommendation.