Agenda item

Flagstaff Island Lountside Ashby De La Zouch Leicestershire LE65 1JP

Councillor D Harrison removed himself from the meeting prior to discussion of this item.

Officers outlined the application, including the amendments which had been made to the scheme. It was confirmed that the plans were recommended for approval subject to conditions.

It was noted that during the committee briefing, questions had been raised which officers wished to clarify. Firstly, was a question which pertained to the gap on the western elevation; it was confirmed that this would measure 12.13 metres. A further question related to the ownership of the road. It had been confirmed by the Land Registry that it belonged to Euro Garages Ltd, who own the site.

Mr Page, objector, stated that he was a representative of Whitbread Plc, owner of the Premier Inn Hotel. He raised concerns that should the application be permitted, a gas main would be redirected towards the Premier Inn Hotel, and would be located within a few metres of the nearest bedroom. He also raised concerns with regard to access for construction and maintenance. The potential for the derogatory effect on customers of noise and the reduction of lighting was raised, and asserted that although this was considered at the outline stage, no technical assessments were submitted at that time.

The 24 hour access of HGVs to the site was also outlined as a concern to Whitbread Plc, given the proximity of the flow of traffic to the hotel bedrooms and seating areas. A concern was raised surrounding the potential for harm to the River Mease and Mr Page asked the decision be deferred until such a  time that the applicant would be able to submit the technical information which Whitbread felt was lacking.

Mr Gray, agent for the applicant, was invited to make his representation, and noted that outline planning permission approved the principle of the site. The reserve matters being access, appearance, layout and landscaping. It was noted that the height of the buildings had been reduced from what they had been in the original application, the siting of the building would be reorientated and the service yard would be reduced, in addition to significantly improved landscaping proposals.

Mr Gray highlighted the significant planting which would be carried out and emphasised that this would exceed the footprint of the proposed building.

Officers clarified that National Grid had been consulted in relation to the diversion of the gas main and had chased them for a response, however National Grid had not provided a response to date and therefore the planning application had to be considered on its merits whilst this information remained outstanding. Officers confirmed what the reserve matters would be and stated that other issues which Mr Gray had raised were not viable for consideration at this stage.

Councillor Harrison, Ward Member, commented that he had used the appeal document in order to structure his representation, particularly in relation to design associated with development in the countryside. It was asserted that given the limited gap between the land and the road it would not be possible to introduce meaningful landscapes to mitigate the impact of the proposed west elevation and therefore that the scheme would be out of keeping.

It was also stated that the development would be visually harmful conflicting with the surrounding area which conflicted with planning policies.

Councillor D Harrison informed the meeting that the site lies in the catchment area of the River Mease which is a site of special scientific interest therefore an assessment of whether the proposal would have significant effect on this area would be required.

The aspect of the vehicles and the landscaping were also raised as concerns, with an estimated 22 lorries per hour accessing the site. The potential of air pollution for those using the hotel and restaurant was raised, with concerns that lorries having their engines running could cause a serious problem. Councillor D Harrison issued a concern that there was an inadequate environmental impact report and a lack of evidence.

Following presentation of his representation, Councillor D Harrison left the Chamber while the item was discussed.

Officers responded that the appeal decision was quite specific and in terms of landscaping and design, officers were satisfied that amendments to the application had been significant enough to overcome the initial objections of the planning inspector. In terms of pollution and traffic, officers noted that the site had previously been granted outline permission as a roadside service area which would have been considered at an earlier stage and was therefore not appropriate for reserve matters.

Officers informed the meeting that in respect of the River Mease, the planning inspector was looking only at the specific reserve matters issues however the River Mease issues were resolved as part of the outline. In terms of an environmental impact assessment for this scheme, officers confirmed that one had not been required under the regulations.

The Chair reminded the meeting that the committee had refused the original application in November 2021 and it had been taken to appeal and that the applicant had attempted to address the points raised from the original decision.

A member asked whether the issues which the inspector had raised had been addressed by the applicant within the appeal and it was confirmed that they had. Officers advised that should this item go back for a further appeal, it would be highly unlikely to be turned down as it is a very different scheme to which had already been submitted and featured extensive amendments.

A member noted that the applicants had addressed issues previously raised but raised concerns that by changing the design of the building they had introduced a new problem which had not been addressed, this being the significant reduction in the size of the service yard which may lead to a potential lack of parking. Officers responded, quoting the County Highways Authority’s response in relation to this scheme and noted that at no time had they objected to this scheme and that it would be acceptable in highway safety terms.

Members questioned the amendments of the design, regarding the reduction in height and asked if there were any sight lines for these drawings. Officers responded that there were not, however they had the plans from the other phase which allowed measurement and comparison.

A member asked whether the topographical survey was relevant to this application and officers advised that this had been checked and confirmed that it was.

A member noted that the M42 was in similar proximity to the Premier Inn and restaurants to that which the site would be, should permission be granted. It was suggested that there is already a heavy flow of traffic in the vicinity.

A member raised concerns over the cladding, as it was out of context of the service area, that the yard was not big enough to accommodate vehicles randomly which in turn would lead to parking on the private road and that the size and mass of the building was over bearing.

A motion to permit the application in accordance with the officer’s recommendation was moved by Councillor R Morris, seconded by Councillor R Boam.

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

The motion was LOST

A discussion was had and advice was given to the committee members on the voting procedure, as a decision on the application had to be made at the meeting.

A motion to defer the decision to allow the applicant to provide additional information including clear levels and sight lines and how it would affect the areas and, a proper analysis of a swept path for the service yard and the tracking programme that was used was moved by Councillor J Bridges and seconded by Councillor D Bigby.

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

RESOLVED THAT:

The application be deferred to allow the applicant to provide additional information including clear levels and sight lines and how it would affect the areas and, a proper analysis of a swept path for the service yard and the tracking programme that was used