Agenda item

Land off Townsend Lane, Donington Le Heath, Leicestershire 

Land off Townsend Lane, Donington le Heath, Leicestershire

Officer’s recommendation: Permit, subject to S106 agreement

The Chair explained that although item A3 and A4 were applications for the same site, there were two separate applicants and therefore must be dealt with separately.  However, the speakers had indicated that they would only like to address the Committee once.

The Senior Planning Officer presented the report.

Mr S Palmer, objector, addressed the Committee.  He stated that the site was outside the limits to development and therefore in accordance with the Local Plan should not be developed.  He challenged the report which stated that the area was required to take its share of new homes, however the area had already taken over fifty percent of development across the district.  He felt that the Local Plan had legal standing, as well as the Neighbourhood Plan which had been voted upon by the community, and these should not be ignored.  He concluded that it could be a costly precedent if the plans were ignored.

Councillor R Johnson, Ward Member, addressed the Committee.  He expressed his disappointment with the officer’s report as he believed there were many inaccuracies.  He referred to the residents’ objections and their concerns that approval of these applications would open the floodgates for more development in the area.  The Committee were reminded that there had been two previous applications on this site that had been refused as they would have caused significant detriment to the character and appearance of the area, and harm the rural setting of the conservation area.  Reference was made to the area as a hamlet that was not sustainable for development with no bus service or amenities.  Councillor R Johnson concluded that both applications went against the national Planning Policy Framework in relation to protecting green belt and conserving and enhancing the historic environment.  As well as being outside the limits to development in the Local Plan and Neighbourhood Plan.

The Planning and Development Team Manager addressed the matters raised by the speakers.

In determining the application Members discussed at length the matter of the site being outside the limits to development and the parish’s Neighbourhood Plan.  There was some reservation to permit due to the objections of residents and the Parish Council. The Planning and Development Team Manager explained that the Neighbourhood Plan held less weight in this instance as the Self Build Act applied.  Further discussion was had on the Council’s advice document on self builds in relation to edge of settlements and boundary limits.

It was acknowledged that the self-build legislation did make the decision more difficult, and some concern was shared that if the application was refused then the Planning Inspector would approve should it go to appeal.

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

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

The motion was LOST.

The Chair then sought an alternative motion.

Councillor J Legrys moved that the meeting be adjourned for ten minutes to allow the Committee to gain advice on and discuss reasons for refusal.  It was seconded by Councillor M Wyatt and agreed.

The Committee adjourned at 7.55pm and reconvened at 8.05pm.

Councillor D Bigby moved that the application be refused on the grounds that the weighting given to the Council’s Local Plan and the Parish’s Neighbourhood Plan which restricted development in the countryside was greater.  It was seconded by Councillor J Legrys.

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

The motion was CARRIED.

RESOLVED THAT:

The application be refused on the grounds that the weighting given to the Council’s Local Plan and the Parish’s Neighbourhood Plan which restricted development in the countryside was greater[RW1] .