Agenda and minutes

Apologies for absence were received from Councillors J Bridges and N Smith.

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 Boam declared a pecuniary interest in item A4, application number 15/00451/FUL as the applicant; therefore he would leave the meeting during the consideration and voting thereon.

Councillor J Coxon declared a non pecuniary interest in item 6 – Receipt of advice in respect of application nos. 14/00769/OUTM and 15/00354/OUTM as a Member of Ashby Town Council.

Councillor R Johnson declared a non pecuniary interest in item A3, application number 15/00527/VCI as a Member of Hugglescote and Donington le Heath Parish Council.  Also he would be addressing the Committee as a Ward Member; therefore he would leave the meeting during the consideration and voting thereon.

Councillor M B Wyatt declared a non pecuniary interest in item A1, application number 15/00227/OUTM as he was addressing the Committee as a Ward Member; therefore he would leave the meeting during consideration and voting thereon.

Members declared that they had been lobbied without influence in respect of various applications below:

Item A1, application number 15/00227/OUTM

Councillors R Adams, G A Allman, R Boam, R Canny, J Cotterill, J G Coxon, D Everitt, D Harrison, R Johnson, J Legrys, V Richichi, M Specht and D J Stevenson.

Item A2, application number 14/01132/FULM

Councillors G A Allman, R Boam, J Cotterill, D Harrison, J Legrys, M Specht and D J Stevenson.

Item A3, application number 15/000527/VCI

Councillors G A Allman, R Boam, J Cotterill, D Harrison, J Legrys, M Specht and D J Stevenson.

Item 6 – Receipt of Advice in Respect of Application Nos. 14/00769/OUTM and 15/00354/OUTM

Councillor J G Coxon.

To confirm and sign the minutes of the meetings held on 23 June and 7 July 2015

Consideration was given to the minutes of the meetings held on 23 June and 7 July 2015.

Councillor R Canny requested an amendment to be made to the minutes of the meeting held on 23 June 2015 under item 15 to include her concerns regarding the development being outside the limits to development and the reduction in the area of separation between the villages.

Councillor G A Allman requested on behalf of Councillor J Bridges that the following statement be inserted into the minutes of the meeting held on 23 June 2015 under item 13:

‘In accordance with Section 17.1 of Part 4 of the Council’s Constitution, Councillor J Bridges moved that the business be continued as it was not unusual for minutes to take more than two weeks to produce.’

RESOLVED THAT:

Subject to the above amendments, the minutes of the meetings held on 23 June and 7 July 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 Off Greenhill Road Greenhill Road Coalville

The Principal Planning Officer presented the report to Members.

The Development Control Team Manager read out the following letter received from Andrew Bridgen MP:

‘I am writing to notify the Committee of several objections I have received regarding the above application.  I would ask that all the concerns previously raised by the objectors to the proposed development are once again taken into account, especially the concerns of the Leicestershire and Rutland Wildlife Trust as this site is part of Charnwood Forest, and this application does represent significant encroachment into the Forest.  I also believe there are questions surrounding highways and the risk of flooding to residents living in Kenmore Crescent.

I believe given the natural beauty of this area there are far more suitable areas around Coalville to open up to housing development and I would therefore ask that your Committee support the Planning Officer’s decision in refusing this application.’

Councillor M Wyatt, Ward Member, addressed the Committee.  He stated that he had lobbied to protect the site due to its natural beauty and was pleased that officers were also in agreement.  He expressed concerns regarding the additional traffic the development would create on an already busy road especially as a development had recently been approved at a nearby site on the other side of the road.  He also commented that the site was outside the limits to development and it was important to protect the countryside.  He concluded that all Members could agree that on this occasion building on the proposed site was unacceptable. 

At this point, as Councillor M B Wyatt had declared an interest in the item, he left the meeting and took no part in the consideration or voting thereon.

Ms J Tebbatt, objector, addressed the Committee and raised the following points:

-   The proposed site was a Greenfield site, outside the limits to development.

-   The development encroached on Charnwood Forest.

-   The development would result in the loss of wildlife habitat which supported a huge variety of species.

-   An adverse impact would be had on the environment

-   The token offer of planting on the site was not sufficient.

-   The Council had a housing land supply of over six years; therefore further development was not required.

-   The published draft Local Plan identified preferred areas for development.

-   There would be increased traffic congestion on the surrounding road network which would lead to the air quality exceeding the national limit.

-   The proposed flood solutions were unacceptable.

She concluded that sites such as this one should be protected for the enjoyment of future generations and urged Members to refuse the application.

Mr L Lane, applicant, addressed the Committee.  He reported that the number of dwellings had been reduced from the previous application and that there were no outstanding technical objections.  He stated that he was aware that the housing land supply calculations used by the Council were not sufficient and this development would help towards increasing the numbers.  He believed that the  ...  view the full minutes text for item 35.

Slack And Parr Ltd Long Lane Kegworth Derby DE74 2FL

The Principal Planning Officer presented the report to Members.

The Head of Planning and Regeneration referred to the additional comments submitted by Kegworth Parish Council regarding open space and leisure facilities, children’s play, traffic and parking, and the library.  He reported that the applicant was happy to provide a contribution towards the zebra crossing; therefore the planning officers would negotiate this with the Highway Authority.

Ms H Tansley, Parish Councillor, addressed the Committee.  She commented that the Parish Council wants Kegworth to be sustainable with enough local facilities and the proposed factory would employ people for the foreseeable future.  She believed that the children’s safety was important when accessing the playground so it was encouraging that the applicant agreed to contribute towards it.  She expressed concerns regarding the lower than average figure for affordable homes within the development.

Mr D Bainbridge, agent, addressed the Committee.  He explained that the application was a good example of a high quality mixed use development and was grateful for the support and advice provided by officers.  He reported that there were no technical objections and referred to the benefits the development would bring which were listed on page 75 of the application.  He commented that the developers had engaged with the Parish Council and held very productive meetings which had contributed towards the good application Members had in front of them.

The officer’s recommendation to permit was moved by Councillor J Hoult and seconded by Councillor R Adams. 

Councillor D J Stevenson commented that the Parish Councillor addressed the Committee very well as it could be very daunting.  He expressed the importance of supporting the Parish Councils and in doing so he would like to move that the Section 106 Agreement be amended so that the police contributions be transferred to the Parish Council as he believed it would be better spent.  It was seconded by Councillor J Legrys and agreed.

Councillor R Adams commented that he shared the Parish Council’s disappointment regarding the low number of affordable housing but overall he was in support of the application.

Councillor D Harrison felt that it was a good application which provided homes and jobs, as well as keeping a local business in the area.

Councillor J Coxon commented that he was pleased with the work that had been undertaken with the Parish Council as he felt it was important to have their involvement.  He would like to see more of this joint working in the future.

Councillor V Richichi stated that he was pleased that we are listening to the people and that is the most important thing, and supported the development of Brownfield sites instead of countryside.

Councillor J Legrys commented that the fact there had been no objections to the application, proved that dialogue between developers and Parish Councils did work.  He also stated that he was very happy with the transfer of Section 106 money to the Parish Council.

Councillor R Johnson referred to the Parish Council’s request to place conditions on  ...  view the full minutes text for item 36.

Newbridge High School Forest Road Coalville Leicestershire LE67 3SJ

The Senior Planning Officer presented the report to Members.

Councillor R Johnson, Ward Member, addressed the Committee.  He explained that since being elected in 2011 and being a Member of the Planning Committee he had always looked at the merits of applications and what was in the public’s best interest, it was his opinion that this application had neither.  As both a District and Parish Councillor, Councillor R Johnson had always supported the school and encouraged the applicant to engage with residents about everything the school was planning but on this occasion only minimal contact has been made.  He reported that the school had admitted that it had breached the conditions already imposed on many occasions and as an authority, the Council should be protecting the resident’s amenities no matter what and enforcing the conditions.  Councillor R Johnson had experienced the noise disturbance personally due to living approximately a mile away from the school and had decided to approach the caretaker regarding the noise level.  His main concern was the exposure to noise that the very young children had to endure.  He asked Members to imagine what residents would have to cope with being in closer proximity of the facility.  Residents had to tolerate high noise levels from the school facilities being used late at night when trying to enjoy their gardens.  Councillor R Johnson referred to a resident who was a carer for his long term seriously ill wife who needs the quietness to recuperate; the amended conditions would make their lives hell.  He also referred to another resident who slept in the afternoon until he started work in the early hours of the morning as a long distance HGV driver, his sleep was affected by the noise which put his life in danger whilst driving.

At this point, as Councillor R Johnson had declared an interest in the item, he left the meeting and took no part in the consideration or voting thereon.

Mr N Mann, noise assessor on behalf of the applicant, addressed the Committee.  He explained that he had attended the site and undertaken a noise assessment while the noise was at maximum volume to calculate the most appropriate levels to ensure World Health Organisation guideline limits were not breached.  This was what Members had before them.  He confirmed that the facility would be used in the evening not at night time and that he had worked with the planning officers to agree on how to manage the situation to achieve an acceptable noise level.

At the request of Councillor D J Stevenson, the Senior Planning Officer confirmed that the recommended hours of operation to be 8.00am to 9.00pm Monday to Friday, 8.00am to 7.00pm Saturdays and 9.00am, to 4.00pm on Sundays and Bank Holidays.  During these times the windows and doors were to be closed.

Councillor G Jones moved the officer’s recommendation to permit and it was seconded by Councillor D Harrison.

Councillor D Everitt commented that it was good to see the facilities being  ...  view the full minutes text for item 37.

Oak Tree Stables School Lane Newbold Coalville Leicestershire LE67 8PF

Having declared a pecuniary interest, Councillor R Boam left the meeting and took no part in the consideration or voting thereon.

The Development Control Team Manager presented the report to Members.

The officer’s recommendation to permit was moved by Councillor J Legrys and seconded by Councillor R Adams.

RESOLVED THAT:

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

The officers consider that the press and public should be excluded during consideration of the following items in accordance with Section 100(a) of the Local Government Act 1972 as publicity would be likely to result in disclosure of exempt or confidential information.

RESOLVED THAT:

In pursuance of Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the remainder of the meeting on the grounds that the business to be transacted involves the likely disclosure of exempt information as defined in Paragraph 5 of Part 1 of Schedule 12A to the Act and that the public interest in maintaining this exemption outweighs the public interest in disclosing the information.

Report of the Head of Planning and Regeneration.

The Principal Planning Officer presented the report to Members.

RESOLVED THAT:

Option 2, and option 3 in part,be agreed as the next steps to be taken as detailed within paragraph 3.1 of the report.