Agenda and minutes

Apologies for absence were received from Councillor G A Allman and J Bridges.

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:

Councillors J G Coxon, J Hoult and G Jones declared a disclosable non-pecuniary interest in items A1 and A2, application numbers 14/00104/FULM and 14/00105/LBC as members of Ashby de la Zouch Town Council, which was a tenant of the applicant.

Councillors J Cotterill, D Everitt and J Legrys declared that they had been lobbied without influence in respect of items A1, A2, A3, A4, A5, and A6, application numbers 14/00104/FULM, 14/00105/LBC, 14/00614/OUTM, 14/00520/FULM, 14/00692/FULM and 14/00082/OUTM.

Councillor T Neilson declared that he had been lobbied without influence in respect of items A1, A2, A3, A4, A5, A6 and A7, application numbers 14/00104/FULM, 14/00105/LBC, 14/00692/FULM, 14/00614/OUTM, 14/00520/FULM, 14/00082/OUTM and 09/00082/FULM and also a disclosable non-pecuniary interest in items A6 and A9, application numbers 14/00082/OUTM and 14/00595/OUT as an acquaintance of some of the objectors.

Councillor D J Stevenson declared that he had been lobbied without influence in respect of items A1, A2, A3, A4, A5, A6, A7, A8, A9 and A10 application numbers 14/00104/FULM, 14/00105/LBC, 14/00692/FULM, 14/00614/OUTM, 14/00520/FULM, 14/00082/OUTM, 09/00082/FULM, 14/00669/VCU, 14/00595/OUTM and 14/00752/FUL.

Councillors G Jones and N Smith declared that they had been lobbied without influence in respect of items A1, A2, A3, A4, A5, A6, A7, A8, A9, A10 and A11, application numbers 14/00104/FULM, 14/00105/LBC, 14/00692/FULM, 14/00614/OUTM, 14/00520/FULM, 14/00082/OUTM, 09/00082/FULM, 14/00669/VCU, 14/00595/OUT, 14/00752/FUL and 14/00928/NMA.

Councillors R Adams, J Hoult and R Johnson declared that they had been lobbied without influence in respect of items A1, A2, A4 and A5, application numbers 14/00104/FULM, 14/00105/LBC, 14/00614/OUTM and 14/00520/FULM.

Councillor T Gillard, D Howe and R Woodward declared that they had been lobbied without influence in respect of items A1, A2, A4, A5, and A6, application numbers 14/00104/FULM, 14/00105/LBC 14/00614/OUTM, 14/00520/FULM and 14/00082/OUTM.

Councillor M B Wyatt declared that he had been lobbied without influence in respect of items A1, A2 and A5, application numbers14/00104/FULM, 14/00105/LBC and 14/00520/FULM, and also a disclosable non-pecuniary interest in item A3, application number 14/00692/FULM as a local business owner and a disclosable pecuniary interest in item A4 as a member of Save Our Green Fields Action Group who were opposing the application.

Councillor M Specht declared that he had been lobbied without influence in respect of items A1, A2, A4, A5 and A8, application numbers 14/00104/FULM, 14/00105/LBC, 14/00614/OUTM, 14/00520/FULM and 14/00669/VCU.

Councillor J Legrys declared a disclosable non-pecuniary interest in item A3, application number 14/00692/FULM as a volunteer of Hermitage FM and items A6 and A9, application numbers 14/00082/OUTM and 14/00595/OUT as an acquaintance of some of the objectors.

Councillor J G Coxon declared that he had been lobbied without influence in respect of items A4 and A5, application numbers 14/00614/OUTM and 14/00520/FULM.

Councillor A Bridges declared that she had been lobbied without influence in respect of items A4 and A10, application numbers 14/00614/OUTM and 14/00752/FUL.

Councillor N Smith declared a disclosable pecuniary interest in item A7, application number 09/00082/FULM, as a business tenant of the building that was subject to the  ...  view the full minutes text for item 63.

To confirm and sign the minutes of the meeting held on 7 October 2014

Consideration was given to the minutes of the meeting held on 7 October 2014.

It was moved by Councillor G Jones, seconded by Councillor J Legrys and

RESOLVED THAT:

The minutes of the meeting held on 7 October 2014 be approved as a correct record and signed by the Chairman.

Report of the Director of Services.

Consideration was given to the report of the Director of Services, as amended by the update sheet circulated at the meeting.

The Chairman advised Members that items A1 and A2 would be taken together, but voted on separately.

The Royal Hotel Station Road Ashby De La Zouch 

The Princpal Planning Officer presented the report to Members.

Mrs M Tuckey, representing the Town Council, addressed the meeting. She advised Members that the Town Council objected to the plans and they felt that the kiosk building was unacceptable. She stated that the layout covered a larger area and the design was not in keeping with the area. She added that the changes could be made with stone cladding and that the hotel did need refurbishment.

Ms A Ingram, objector, addressed the meeting. She advised Members that she had worked hard with officers to ensure that even the design of her patio was in keeping with the area. She felt that the plan was poorly considered and the design was unsuitable for the area. She informed Members that the proposed building would overshadow neighbouring properties and would allow strangers to watch and see into neighbours’ gardens. She stated that it was not the solution for the hotel and 600 people had objected. She urged Members to decline the applications to find better solutions.

Ms C Birch, objector addressed the meeting. She advised Members that whilst residents welcomed improvements to the hotel there were concerns over the pavilion. She informed Members that there had been limited engagement from the developer and that the plans produced predated those that had been provided at the one consultation event. She stated that the design, size and material did not harmonise with and would have a detrimental impact on the area. She felt that other designs could be found and that the new building would encroach on the pedestrian area. She urged Members to reject the application with overwhelming support and added that the applications were not the solution.

At the request of the Chairman, the clerk for Ashby Town Council confirmed that the application did not encroach on the land leased to the Town Council.

Ms C Cook, agent, addressed the meeting. She asked the Committee to support the applications and informed them that the applicant had worked very closely with officers to produce a high quality application. She stated that major investment was required to aid the long term future as the hotel was likely to close and this would bring with it a loss of jobs. She stated that they had ensured that the design enhancements complemented the old and that they would ensure the level of noise would not cause any issues. She added that the report was sound and contributions would be made towards the River Mease and transport.

Councillor J Hoult stated that he had known the hotel for 60 years and he had watched it fall apart. He added that the application should be permitted for the sake of the town and it was time to move on. He moved the officer’s recommendation. This was seconded by Councillor A Bridges.

Councillor G Jones stated that he would like to see the hotel a success and that it would give people hope. His main concern was the footprint  ...  view the full minutes text for item 66.

The Royal Hotel Station Road Ashby De La Zouch 

It was moved by Councillor J Hoult, seconded by Councillor J Coxon and

RESOLVED THAT:

The application be permitted in accordance with the recommendation of the Director of Services.

Motors Ltd  Whitwick Road Coalville 

The Senior Planning Officer presented the report to Members.

Dr T Eynon, supporter, addressed the meeting. She stated that she supported the application and that the only objection to the development had been from the owners of the Belvoir Shopping Centre. She felt that the application would have a positive impact on the Town Centre and that the site was suitably located near to bus stops and the Council Offices, but she did agree that the blank frontage was a concern.  She advised Members that her main concern related to the County Highways and the monitoring fee that had been requested, which she could not support. She urged Members to support the application.

Mr B Rainford, agent, addressed the meeting. He advised Members that there had been disappointment when the previous application did not go ahead and that the current application would deliver the need for new jobs and more visitors for the town. He informed Members that the applicant was in talks to secure the right retailers and that permission being in place was the last piece. He stated that the application would enhance the area, the design would meet local demands and create the right environment. He urged the Members to support the application.

Councillor J Legrys moved the officer’s recommendation. This was seconded by Councillor T Gillard.

Councillor J Legrys stated that it was an excellent application and that it was local people regenerating the area. He raised concerns over the cladding on Hotel Street, suggesting informal discussions to rectify this.  He felt that there was no need for any contributions to be made in relation to the iTRACE monitoring fees.

Councillor T Gillard stated that he agreed with what had been said and that it was great news for the town. He added he would be supporting the recommendation.

Councillor R Adams stated that he would support anything that enhanced the area.

Councillor T Neilson stated that he felt that it would be an excellent development, however he had concerns over the design of the frontage if travelling from High Street and felt that the developer could do better.

RESOLVED UNANIMOUSLY THAT:

The requirement for iTRACE monitoring contribution be removed from the Section 106 agreement

The application be permitted in accordance with the recommendation of the Director of Services.

Land South Of Greenhill Road Coalville Leicestershire 

The Principal Planning Officer presented the report to Members.

Councillor M B Wyatt, Ward Member, addressed the meeting. He stated that he had supported local residents in protecting the Countryside and the site was classed as an area of natural beauty. He advised Members that residents already had concerns over the 79 houses that had been permitted opposite the site and the increase in traffic. He highlighted that there was a potential flood risk near the site and that no public consultation had really taken place. He asked Members to note the developer was not a local organisation and that the development would be detrimental to the community and wildlife.

Having declared a disclosable pecuniary interest in the item Councillor M B Wyatt left the meeting on the conclusion of his statement.

Councillor N Clarke, Ward Member, addressed the meeting. He stated that he was not impressed with the lack of commitment from the developer to address the issues that had been raised over the application and that they had asked for more time to do so. He urged Members to use their treasured possession, their vote, to say no to an application outside the limits to development, to further destruction of countryside, to further flooding and to keep valuable farmland. He asked Members to refuse the application.

Mr J Ball, objector, addressed the meeting. He advised Members that he was speaking on behalf of 555 objectors. He stated that the site was part of the Charnwood Forest, linked to Sites of Special Scientific Interest and was outside the limits to development. He raised concerns over the level of traffic that would be using Greenhill Road especially after the recent approval of the site opposite. He stated that there was no need for further houses in the area and that the retail unit would encourage anti-social behaviour and littering. He urged Members to support the officer’s recommendation.

Ms J Tebbatt, objector, addressed the meeting. She advised Members that it was inappropriate to build on a green field site that was part of the National Forest. She stated that the application was outside the limits to development, was unsustainable and would have a detrimental impact on the community. She highlighted that there was no need for further development as the town centre continued to decline, there was insufficient jobs and Greenhill Road could not cope with the current level of traffic. She urged Members to refuse the application.

Mr P Lewis, supporter, addressed the meeting. He advised Members that he represented a number of community groups within the area and they had canvassed their members. He stated that out of 1,500 members most were in support of the application as they felt that the investment was much needed in the area. He informed Members that more shops were closing and that there was a high unemployment rate for the town. He urged Members not to consider the application as bad and that there was support for the development.

Mr K  ...  view the full minutes text for item 69.

Land Adjoining Wells Road And Willesley Road Ashby De La Zouch 

The Planning Officer presented the report to Members.

Mrs M Tuckey, representing the Town Council, addressed the meeting. She advised Members that the Town Council had objected to the application as they felt that it was not consistent with the Heart of the National Forest and that the landscape had been given a quality of 9 which was the highest value in the area. She stated that the development was not in accordance with the NPPF in observing its natural environment. She added that there were concerns regarding the speed of traffic along Willesley Road and that the local schools were already full.

Mr F Bedford, objector, addressed the meeting. He stated that the application was contrary to policies S3 and H4/1. He informed Members that the site was similar to Packington Nook which had been refused and upheld at appeal as the inspector had found the development not to be sustainable and located in a tranquil area. He added that the development would be highly out of place and unacceptable.

Mr N Hainsworth, agent, addressed the meeting. He advised Members that the application had been 18 months in development and the applicant had approached the Council to find a suitable site and had agreed to sign a legal agreement. He stated that the site would be sustainable and that it had taken considerable time to agree the design for each house so that it met the building for life criteria. He highlighted to Members that housing was urgently required and that the application before them was of a high quality. He urged Members to permit the application.

Councillor J G Coxon moved that the application be refused. This was moved by Councillor J Hoult.

Councillor J G Coxon felt that the application before them had the same characteristics as the application they had just refused and the application that was to be considered next. He stated that the site was outside the town boundary and it was not sustainable as there was a big distance to the nearest schools and the roads were too dangerous to cycle along.

Councillor J Legrys stated that he supported the motion to refuse the application as he agreed that it was too similar to the previous one. He highlighted that when they were out on site Members were told that it would take 12 minutes to walk to the nearest petrol station and that it would be at least 30 minutes walk to the schools. He felt that the development would be a bolt on to the urban area.

Councillor T Neilson sought clarification of the reasons for refusal.

Councillor J G Coxon moved that the application be refused on the grounds that it was contrary to policies E3 and S3.

The Planning and Development Team Manager clarified that there had been no discussion on policy E3, which refers to Residential Amenities,  only S3 and that unless the Committee were to specifically consider residential amenity impact, which in his view would be acceptable,  ...  view the full minutes text for item 70.

Land To The North Of Top Street Appleby Magna Swadlincote 

The Principal Planning Officer presented the report to Members.

Councillor R Blunt, Ward Member, addressed the meeting. He advised Members that he had called in the application as over the past two years many housing development applications had been passed for Appleby Magna. He stated that the development was in close proximity to the Sir John Moore school and that he felt there were enough new houses in the area. He urged Members to support the officer’s recommendation.

Ms S Liff, objector, addressed the meeting. She urged Members to reject the application. She stated that residents had created a design statement for the village and that English Heritage supported the objection. She reminded Members that there were very limited services available in the village and that with limited bus services and the nearest GP surgery being in Measham there would be a greater increase in car journeys. She added that greater development would lead to the destruction of the character of the village.

Councillor T Neilson stated that he supported Councillor R Blunt’s comments and that it would be very sad to lose the setting of Sir John Moore’s school. He moved the officer’s recommendation. This was seconded by Councillor M Specht.

RESOLVED THAT:

The application be refused in accordance with the recommendation of the Director of Services.

Having declared a disclosable pecuniary interest in item A7, application number 09/00082/FULM, Councillor N Smith left the meeting at this point and took no part in the consideration or voting thereon.

Holywell Mill Burton Road Ashby De La Zouch 

The Planning Officer presented the report to Members.

Ms C Cook, agent, addressed the meeting. She reminded Members that the application had already been given permission subject to the signing of the legal agreement. She advised Members that the financial contributions had been agreed and that the site remained a sustainable development that met all the technical issues.

Councillor T Neilson stated that it was a shame that employment land was being lost.  He added that the design was quite uninspiring and that he would be voting against the application.

It was moved by Councillor G Jones, seconded by Councillor T Gillard and

RESOLVED THAT:

The application be permitted in accordance with the recommendations of the Director of Services.

Councillor N Smith returned to the meeting.

Land Off Farm Town Lane Farm Town 

The Planning and Development Team Manager presented the report to Members.

Mr M Ackroyd, objector, addressed the meeting. He advised Members that there had been a total lack of consultation from the developer with residents, which was against what the government advised.  He stated that the only reason the Committee had approved the application after previously refusing one was due to the £10,000 contribution that had been offered. He stated that the turbines were to be even taller and urged the Committee to defer the application until the Ombudsman had considered the residents’ complaints over the lack of developer consultation. 

Mr A Mitchell, agent, addressed the meeting. He advised Members that the application was to vary the condition in relation to the height of the turbines as the applicant had gone to a new manufacturer and that there were no material changes to the application. He informed Members that the turbines would provide enough energy per hour to power an area the size of Packington and that it would go a little way to addressing climate change.

Councillor D J Stevenson stated that 45 neighbour letters were sent on 4 August 2014 along with notification to Coleorton Parish Council. He added that he personally did not like wind turbines, however there were no planning reasons for refusing it. He added that an extra half a metre in height on top of something that stands as tall as 20 metres, when viewed from the ground, would not be of such significance as to be a noticeable change from the extant permission.

Councillor M Specht stated that the residents’ concerns over the lack of consultation from the developer was not an issue for the Planning Committee and that residents had been given adequate and proper notice.

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

RESOLVED THAT:

The application be permitted in accordance with the recommendation of the Director of Services.

Land At  Measham Road Appleby Magna Swadlincote 

The Planning and Development Team Manger presented the report to Members.

Mr M Dyer, objector, addressed the meeting. He advised Members that he supported the earlier comments made by Councillor R Blunt and that he lived opposite the site. He stated that he understood small applications came forward however the Council had already approved 68 houses on a green field site and that the sustainability criteria had not been addressed. He highlighted that the application was outside the limits to development on a green field site and that there was no basis for permitting it. He urged Members to refuse the application.

Mr T Farley, agent, addressed the meeting. He advised Members that there were a number of merits to the development. He stated that the two existing buildings which were in a state of disrepair would be knocked down and the impassable right of way would be improved. He added that the site would be more befitting to the village, that it was a sustainable location and that a contribution would be made to the River Mease.

Councillor A Bridges requested that a condition be included that no three storey houses were built on the site. She moved the recommendation including the additional condition. This was seconded by Councillor J Cotterill.

Councillor M Specht felt that the footpath should be protected as it looked well trodden and used and requested that a condition be included to that effect. He added that the inclusion of self build units would reduce the cost of buying by 40%.

The Planning and Development Team Manager advised that the condition could only be imposed at the reserved matters stage; not with outline permission.

Councillor D Everitt expressed concerns over filling green spaces and stated that he was against the application.

RESOLVED THAT:

The application be permitted in accordance with the recommendation of the Director of Services, with the addition of a condition to restrict new homes to 2 storeys

A note is to be provided to the applicant, requiring the maintenance of the footpath

Land Adjoining Recreation Ground Measham Road Moira 

The Planning Officer presented the report to Members.

Councillor L Massey, supporter, addressed the meeting. She advised Members that the application had been submitted to allow the applicant to live closer to the family farm and to provide accommodation for other family members who suffer with ill health. She stated that if the application were permitted, the family would put no burden on adult social care.  She added that the site was a sustainable location.

Mr A Statham, agent, addressed the meeting. He advised Members that the farm had moved to rearing cattle to produce local beef and that the applicant needed to be closer to the farm, especially during bad weather to assist during calving. He informed Members that the proposed site had 3 houses close by and a further 80 houses were due to be built on the opposite site.

Councillor D J Stevenson advised that there was not another house within 100 yards.

Councillor A Bridges stated that she had called the application in, however having been out on site and seeing the location she felt that she was now unable to support the application.

Councillor J Legrys stated that it was with regret that he was unable to support permission to be given and moved the officer’s recommendation. This was seconded by Councillor R Woodward.

Councillor D J Stevenson stated that there was more sustainable land nearby and that the application site was divorced from the farm.

RESOLVED THAT:

The application be refused in accordance with the recommendation of the Director of Services.

Land Rear Of 27 The Crescent Breedon On The Hill

The Planning and Development Team Manager presented the report to Members.

It was moved by Councillor J Legrys, seconded by Councillor G Jones and

RESOLVED THAT:

The application be permitted in accordance with the recommendation of the Director of Services.