Agenda and minutes

Development Control and Regulatory Board
Thursday, 24 May 2018 2.00 pm

Venue: Sparkenhoe Committee Room, County Hall, Glenfield. View directions

Contact: Mr E. Walters (Tel: 0116 3052583)  Email: euan.walters@leics.gov.uk

Items
No. Item

Webcast.

1.

Appointment of Chairman.

Minutes:

It was noted that Mr. J. G. Coxon CC had been appointed Chairman-elect at the Annual Meeting of the County Council on 16 May 2018.

 

RESOLVED:

 

That Mr. J. G. Coxon CC be appointed Chairman of the Development Control and Regulatory Board until the date of the Annual Meeting of the County Council in 2019.

 

Mr. J. G. Coxon CC in the Chair

 

 

2.

Election of Deputy Chairman.

Minutes:

It was proposed, and seconded "That Mr. T. Gillard CC be appointed Vice-Chairman".

 

RESOLVED:

 

That Mr. T. Gillard CC be appointed Vice-Chairman of the Development Control and Regulatory Board until the date of the Annual Meeting of the County Council in 2019.

 

 

3.

Minutes of the previous meeting. pdf icon PDF 140 KB

Minutes:

The minutes of the meeting held on 12 April 2018 were taken as read, confirmed and signed.

 

4.

Question Time.

Minutes:

The Chief Executive reported that no questions had been received under Standing Order 35.

 

5.

Questions asked by Members.

Minutes:

The Chief Executive reported that no questions had been received under Standing Order 7(3) and 7(5).

 

6.

Urgent items.

Minutes:

There were no urgent items for consideration.

 

7.

Declarations of interest in respect of items on the agenda.

Minutes:

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting.

 

It was noted that all members who were also members of a Parish, Town or District Council, or Liaison Committee would have personal interests in those applications which relate to areas covered by those authorities.

 

No formal declarations were made, however Mr. B. Crooks CC and Mr. D. C. Bill MBE CC made the Board aware with regard to Item 13 on the agenda: Williams Recycling Centre, Watling Street, Hinckley, that Hinckley and Bosworth Borough Council used the site for recycling and they had both visited the site in their capacity as members of the Borough Council.

 

8.

Presentation of petitions under Standing Order 36.

Minutes:

The Chief Executive reported that no petitions had been received.

 

9.

Application for a Definitive Map Modification Order - Proposed addition of public footpaths V82A and V82B off Barry Close, Kirby Muxloe. pdf icon PDF 290 KB

Additional documents:

Minutes:

The Board considered a joint report of the Chief Executive and Director of Environment and Transport, a copy of which, marked ‘Agenda Item 9’, is filed with these minutes. It was noted in the report that the local member Mr. R. Blunt CC was in support of the application.

 

The Chief Executive stated that since the publication of the report the objections from Eversheds LLP on behalf of Taylor Wimpey had been withdrawn.  The Chief Executive advised members that the process for considering the application still needed to be followed and whilst they were no longer required to consider the contents of the objection from Eversheds LLP it was something they still needed to be aware of.

 

In accordance with the procedure for making representations to the Board, Mr. Peter Aspinall spoke as the applicant, and local residents Chris Frost, David Rodgers, Aileen Aspinall, Ruth Barrows, and Jessica Nicholls spoke in support of the application.

 

The Chief Executive reported that Pauline Pritchett who was the lead officer in the Legal Services section dealing with rights of way matters would be retiring shortly after 17 years service with the County Council and over 40 years overall public service. In her time with the Council Pauline had worked conscientiously, courteously and efficiently in dealing with Members, Officers, the public and relevant stakeholders to ensure decisions taken were implemented. The Board joined the Chairman in thanking Pauline for her service and wishing her a happy retirement.

 

RESOLVED:

 

That an Order be made under Section 53 of the Wildlife and Countryside Act 1981 to add the public footpaths to the Definitive Map as shown on Plan No. M1060P.

 

REASON FOR DECISION:

 

The application satisfies the relevant statutory criteria in that the evidence shows that the Rights of Way subsist or are reasonably alleged to subsist.

 

 

10.

Leicestershire County Council Rothley Tree Preservation Order 1958 - Application to fell an oak tree at 44 Grangefield Drive, Rothley LE7 7NB. pdf icon PDF 505 KB

Minutes:

The Board considered a report of the Director of Environment and Transport, a copy of which, marked ‘Agenda Item 10’, is filed with these minutes.

 

The Director of Environment and Transport confirmed that it was the Leicestershire County Council Rothley (Homefield Lane) Tree Preservation Order 1958 which related to this application.

 

RESOLVED:

 

That Consent be granted to fell the oak tree T1.

 

REASON FOR DECISION: 

 

The oak tree T1 has been identified as the cause of subsidence and structural damage to the house. The removal of the tree will prevent further cracking damage to the house and allow repairs to be undertaken.

 

11.

2017/0902/04 (2017/CM/0257/LCC) - Tarmac Ltd - Extension of sand and gravel working and progressive restoration to agriculture, grassland and a pond - Cadeby Quarry, Naneby Hall Farm, Brascote Lane, Cadeby. pdf icon PDF 782 KB

Minutes:

The Board considered a report of the Chief Executive, a copy of which, marked ‘Agenda Item 11’, is filed with these minutes.

 

The local Member Mr. B. Crooks CC noted that concerns had been raised regarding a borehole which was situated near to one of the houses however contingency plans were in place to minimise risk to the houses arising from the borehole. Mr Crooks CC also sought reassurance regarding the possible impact on local properties of traffic and particularly lorries travelling to and from the site. The Chief Executive explained the precise lorry routing and Mr Crooks stated that he supported the application.

 

RESOLVED:

 

(a)       That the application be permitted subject to the conditions nos. 1-41 as set out in the appendix to the report.

 

(b)       That the Board confirms (as required by the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) that in dealing with the application the County Council worked in a positive and proactive manner, taking account of paragraphs 186 and 187 of the National Planning Policy Framework.

 

12.

2018/0495/03 (2018/VOCM/0044/LCC) - Tarmac Trading Limited - Planning application for non compliance with condition 4 of planning consent reference 86/0140/3 at Shawell Quarry to provide for the importation, storage and distribution of construction materials within the curtilage of former concrete products building - Shawell Plant, Gibbet Lane, Shawell. pdf icon PDF 505 KB

Minutes:

The Board considered a report of the Chief Executive, a copy of which, marked ‘Agenda Item 12’, is filed with these minutes.

 

RESOLVED:

 

(a)       That the application be refused for the following reasons:

 

1.         The proposal is for a facility for the importation, storage and distribution of construction materials on a greenfield site in the countryside in a location not supported by the Harborough Core Strategy’s Policies CS7 and CS17.  The proposed operations are in an unsustainable and inappropriate location for a facility of this type.  There is no overriding need for the proposal and no reasons have been demonstrated why the facility could not be located in the urban areas.  The site is poorly located to sustainable transport choices.  Therefore, the proposal is contrary to Policies CS5, CS7, CS9 and CS17 of the Harborough District Local Development Framework: Core Strategy 2006-2028.

 

2.         The proposal offers no benefits of co-location with the adjacent mineral operations that could overcome an otherwise unsustainable countryside location contrary to Policy MDC23 of the Leicestershire Minerals Development Framework: Core Strategy and Development Control Policies document.

 

3.         The proposal will delay the reclamation of former mineral site land, contrary to the intentions of paragraphs 143 and 144 of the National Planning Policy Framework and Policy MCS17 of the Leicestershire Minerals Core Strategy and Development Control Policies document.

 

(b)       That the Board confirms (as required by the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) that in dealing with the application the County Council worked in a positive and proactive manner, taking account of paragraphs 186 and 187 of the National Planning Policy Framework.

13.

2018/0275/04 (2018/CM/0046/LCC) - Mrs Susan Williams - Erection of two covered bays for storing recyclables as well as sorting of paper and board, and regularisation of amended site layout - Williams Recycling Centre, Red Lion Farm, A5 Watling Street, Hinckley. pdf icon PDF 648 KB

Minutes:

The Board considered a report of the Chief Executive, a copy of which, marked ‘Agenda Item 13’, is filed with these minutes.

 

RESOLVED:

 

(a)       That the application be permitted subject to the conditions nos. 1-15 as set out in the appendix to the report.

 

(b)       That the Board confirms (as required by the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) that in dealing with the application the County Council worked in a positive and proactive manner, taking account of paragraphs 186 and 187 of the National Planning Policy Framework.

 

14.

2017/1389/01 (2017/VOCM/0307/LCC) - Aggregate Industries UK Ltd - Variation of condition 30 of planning permission 2015/1488/01 to amend the prescribed hours of operation related to asphalt production - Croft Quarry, Coventry Road, Croft. pdf icon PDF 567 KB

Minutes:

The Board considered a report of the Chief Executive, a copy of which, marked ‘Agenda Item 14’, is filed with these minutes.

 

The Chief Executive made members aware of a typographical error in proposed condition no. 45 which was set out in the appendix to the report and clarified that the maximum equivalent continuous noise level proposed for the evening hours was 50 decibels.

 

RESOLVED:

 

(a)       That the application be permitted subject to the conditions nos. 1-54 as set out in the appendix to the report, subject to an amendment to condition no. 45 so that it reads:

 

45.   The equivalent continuous noise levels (LAeq, 1 hour) attributable to the day-to-day operations at the site, between 19:00 and 22:00 hours, shall not exceed 10dB(A) LAeq, 1 hour above background noise levels, subject to a maximum of 50dB(A) LAeq, 1 hour, when measured freefield at the locations agreed under condition 43 above.

 

(b)       That the Board confirms (as required by the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) that in dealing with the application the County Council worked in a positive and proactive manner, taking account of paragraphs 186 and 187 of the National Planning Policy Framework.

 

15.

2018/0257/03 (LCC Ref no. 2018/Reg3Ma/0016/LCC): Leicestershire County Council - Proposed development of no. new B1, B2 / B8 use class buildings providing 7,464sqm of gross internal floorspace with ancillary parking and landscaping - Land at Airfield Business Park, Market Harborough. pdf icon PDF 482 KB

Additional documents:

Minutes:

The Board considered a report of the Chief Executive, a copy of which, marked ‘Agenda Item 15’, is filed with these minutes, along with a supplementary report which amended the proposed conditions.

 

RESOLVED:

 

(a)       That the application be permitted subject to the prior completion of a planning obligation to secure Bus Passes and Travel Packs as requested by the Highway Authority, and subject to the conditions nos. 1-13 as set out in the Supplementary Report.

 

(b)       That the Board confirms (as required by the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) that in dealing with the application the County Council worked in a positive and proactive manner, taking account of paragraphs 186 and 187 of the National Planning Policy Framework.

16.

Chairman's announcements.

Minutes:

The Chairman provided an update to previous communications regarding a possible site visit in connection with an application for Barrow Hill Quarry, Earl Shilton and made members aware that it was not known if and when the application would come to the Board therefore no visits relating to that application were planned at present.