Agenda and minutes

Apologies for absence were received from Councillors J Bridges, D Howe, N Smith and R Woodward.

Councillor G Jones requested that as Councillor D Howe was retiring, a letter be sent to him thanking him for his contribution to the Planning

Committee over the years and wishing him good luck in his recovery.

Councillor M Specht requested that a letter also be sent to Councillor R Woodward thanking him for his contribution to the Planning

Committee over the years.

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 Legrys, T Neilson and D J Stevenson declared that they had been lobbied without influence in respect of items A1, A2 and A3, application numbers 14/00445/FULM, 14/00931/FULM and 15/00063/FUL.

Councillors J G Coxon and M B Wyatt declared a non pecuniary interest in item A3, application number 15/00063/FUL as a member of the combined fire authority, which was previously the owner of building.

Councillors J Legrys and L Spence declared a pecuniary interest in item A3, application number 15/00063/FUL, as members of the Labour and Co-operative Party who would be in receipt of financial sponsorship in respect of their election expenses, and as the building was to be occupied by the Co-operative Society.

Councillor D J Stevenson commented that planning permission was given according to the use of the land, rather than a particular company.

To confirm and sign the minutes of the meeting held on 10 March 2015.

Consideration was given to the minutes of the meeting held on 10 March 2015.

Councillor M Specht referred to his statement on page 7 of the agenda in respect of item A3, application number 15/00072/OUT, as he felt the minutes did not reflect what he had said at the meeting.  He requested that the minutes be amended to clarify that he had said he could not agree the site was unsustainable, and the fact that there was no footpath along Bakewell Way should not be a concern, as this was not a highway matter. He also did not feel that the reduced street lighting was a reason for refusal as Leicestershire County Council had rolled out a programme of lights off in consultation with Parish Councils. He had also expressed concern about the traffic heading towards the A42 which would be a highway safety matter.

Councillor J Legrys referred to item A2, application number 14/00991/FULM, and thanked the officers for resolving this matter.

It was moved by Councillor J Legrys, seconded by Councillor R Johnson and

RESOLVED THAT:

Subject to the above amendment, the minutes of the meeting held on 10 March 2015 be approved and signed by the Chairman as a correct record.

Report of the Head of Planning and Regeneration

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

Land Adjoining Greenacres Bosworth Road Measham 

The Planning Officer presented the report to members.

Mrs C Cook, applicant’s agent, addressed the meeting.  She expressed support for the officer recommendation and considered the report to be balanced.  She added that the applicant had worked hard with officers to ensure a high quality scheme.  She advised that the number of dwellings had been reduced to accommodate ecological and biodiversity requirements.  She added that all parties were in agreement with the proposed heads of terms in report.  She stated that members would be aware of the application at New Street in respect of affordable housing.  She advised that the applicant was currently working on alleviating the problems with this application and she was confident that these dwellings could be achieved.  She believed that the report before members took account of the full range of NPPF policies.  She concluded that the application site was in a sustainable location and was close to facilities; there were no outstanding issues and she hoped members would support the officer recommendation.

Councillor T Neilson felt that the application was premature given the link to the application on New Street.  He added that the site was outside the limits to development and he felt that there had to be a very good reason to extend the limits to development further.  He commented that the legal agreement linking the two applications was some sort of backroom deal.  He stated that it was crucial that members consider and determine the applications concurrently to give assurance that the scheme was going to be deliverable and viable.  He referred to a previous application in Measham where it was necessary to accept a commuted sum instead of affordable housing.  He noted that although the legal agreement was in place, there was also reference in the update sheet to a commuted sum.  He stated that there were all sorts of question marks which could all be dealt with by dealing with the applications concurrently. 

It was moved by Councillor T Neilson and seconded by Councillor J Legrys that the application be deferred until the linked application at New Street was ready to be brought before the committee. 

The Head of Planning and Regeneration advised that it was not the case that the application was premature simply because of the possibility within the Section 106 obligation to link the application to another site that was not at the same stage as this one.  He added that flexibility was built into the legal agreement in order to guarantee the affordable housing provision.

The Chairman then put the motion to defer the application to the vote.  The motion was declared LOST.

Councillor J G Coxon moved that the application be permitted in accordance with the officer recommendation as set out in the report.  This was seconded by Councillor G Jones. 

Councillor J G Coxon stated that he had to agree with the officers that this was a standalone application at end of the day and it ticked boxes.  He stated that this was a  ...  view the full minutes text for item 122.

Former Depot Highfield Street Coalville Leicestershire LE67 3BL

The Senior Planning Officer presented the report to members.

Councillor J Geary, ward member, addressed the meeting.  He stated that the use of the site for affordable housing had to be welcomed as there was little affordable housing in Snibston South ward, and this development would improve the situation greatly.  He expressed concern regarding the layout of the site, adding that he would certainly have liked to see more bungalows.  He commented that the minimum density required was 40 dwellings per hectare, and this development offered 54.9 dwellings per hectare, so the developer certainly would have been able to include more bungalows and still meet the minimum density requirement.  He added that the siting of the dwellings was also contentious due to the proximity of existing bungalows.  He stated that the bungalows would be deprived of natural light as the new houses would cast a shadow.  He added that to make matters worse, the developers would also plant trees there which could grow taller than the houses and cast more shadow.  He referred to the comments of the Council’s Urban Designer who suggested the scheme needed further work.  He commented that  boundary treatments should be agreed in consultation with the local ward member and he hoped that could be arranged.

Mr J Roberts, the applicant’s agent, addressed the meeting.  He stated that the scheme would provide 100% affordable housing and the applicant had worked closely with officers and taken on board their comments and requests.  He added that the design reflected existing dwellings, there were no protected species found on the site and no objections from the statutory consultees.  He stated that the scheme was a direct response to the shortfall in affordable housing, and provided a housing mix that met the needs of the local community.  He stated that sufficient parking provision had been made and there were no highways concerns.  In respect of the bungalows, he advised that the plots had been moved and lowered in response to the concerns raised, and officers considered the proposals to be acceptable in terms of residential amenity.  He concluded that the proposals represented housing for local people which was fitting within the constraints of the site.  He respectfully urged members to support the officer recommendation and provide much needed housing for Coalville.

Councillor R Johnson stated that he had called in the application due to the overlooking impacts on the site from Zetland Close and the land levels.  He added that he and Councillor J Geary had requested that two bungalows be put at the rear of the site and felt that bungalows were needed.  He referred to the comments from the Urban Designer on page 47 of the agenda which indicated that there was still further work to be done in terms of design and he asked why the application was before members without this work being completed. 

Councillor R Johnson moved that the application be deferred until the requisite work on the design was completed.  This was seconded by  ...  view the full minutes text for item 123.

Moira Fire Station Shortheath Road Moira Swadlincote Derby DE12 6AL

Having declared a pecuniary interest, Councillors J Legrys and L Spence left the meeting during consideration of this item and took no part in the debate or voting thereon.

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

Dr T Hyde, objector, addressed the meeting.  He expressed concerns regarding loss of privacy, traffic volume, noise and residential amenity.  He stated that the adjacent canal amenities were a great asset to the area and would be adversely impacted by the proposals.  He added that footfall would increase, resulting in loss of privacy for residents.  He stated that the traffic already caused a bottleneck, particularly at peak times.  He referred to the other planned applications in the area.  He stated that the proposals would be a magnet attracting people from the surrounding area, particularly at peak times, and there was no traffic data publicly visible from actual traffic studies.  He commented that Moira furnace regularly held events and the traffic volume would become too high.  He stated that he had witnessed many cars speeding down that road, and the risk of serious collision was greatly increased as visibility was restricted due to the road profile.  He added that there was a lack of parking provision.

Mr E Sutton, the applicant’s agent, addressed the meeting.  He stated that in principle, it was felt that a convenience store was an appropriate use of the site.  He added that all comments had been taken on board and the elevations had been enhanced, which was welcomed by the planning officer.  He advised that planning permission was given for the use of the site, but the applicant was legally tied in with the Co-operative Group, who had a reputation for supporting local communities.  He added that the proposals would offer employment, providing 3 posts.  He felt it was fair to say that the new store would help provide for a sustainable community given the limited local amenities, and would offer the local community a far greater amenity.  He advised that according to the highways consultant, there had only been 6 accidents  on this stretch of road in the last 9 years, none of which involved pedestrians or children.  He added that parking spaces had been provided and there would be no on road manoeuvring during deliveries.

Councillor J G Coxon moved that the application be permitted in accordance with the officer’s recommendation.  He felt this was a sustainable site and an ideal site for retail use.  He added that the proposals would provide an amenity for the village, at a time when most villages were declining in amenity.  He commented that he had no qualms supporting this application as it would make the village more sustainable.

The motion to permit the application was seconded by Councillor J Hoult.

Councillor T Neilson commented that this was a good application.  He stated that his only concern was about the non-sequential approach being taken and if the other unit down the road was also to go ahead, it  ...  view the full minutes text for item 124.

19 Main Street Breedon On The Hill Derby DE73 8AN 

The Senior Planning Officer presented the report to members.

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

RESOLVED UNANIMOUSLY THAT: 

The application be permitted in accordance with the recommendation of the Head of Regeneration and Planning.

4 Gerrard Crescent Kegworth Derby DE74 2HQ 

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 UNANIMOUSLY THAT:

The application be permitted in accordance with the recommendation of the Head of Regeneration and Planning.

Councillor S Sheahan left the meeting at 4.55pm.

Councillor J Geary left the meeting at 5.24pm.